Victorian Current Acts Victorian Current Acts(1) A person (A) who owns or occupies a premises, or who manages or assists in the management of a premises, must not allow a child (B) to enter or remain on the premises for the purpose of taking part in commercial sexual services, whether B is taking part as the person providing the services, as the client, or in any other capacity.
Penalty: Level 5 imprisonment (10 years maximum).
(2) In a proceeding for an offence against subsection (1)—
(a) it is not necessary for the prosecution to prove that A knew that B was a child; and
(b) it is a defence to the charge for A to prove that, having taken all reasonable steps to find out the age of B, A believed on reasonable grounds, at the time the offence is alleged to have been committed, that B was aged 18 years or more.
(3) In a proceeding for an offence against subsection (1), if it is proved that—
(a) at the time the offence is alleged to have been committed, the premises were being used for the provision of commercial sexual services; and
(b) B was on the premises for the purpose of taking part in commercial sexual services—
A is presumed to have allowed B to enter or remain on the premises for that purpose, unless A satisfies the court on the balance of probabilities that A did not know, and could not reasonably have known, at the time the offence is alleged to have been committed, that B was on the premises for that purpose.
S. 53L inserted by No. 7/2022 s. 42.