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Act index » Part I - Provisions applicable throughout Victoria » Division 3A - Commercial sexual services
38C Offence to allow child on premises used for commercial sexual services
(1)A person who carries on a business that provides commercial sexual services, or who assists in the management of that business, must not allow a child who is over 18 months of age to enter or remain on premises at which that business is carried on, unless those premises are primarily used as residential premises. Penalty: 120 penalty units or imprisonment for 1 year.
(2)In a proceeding for an offence against subsection
(1), it is not necessary for the prosecution to prove that the accused knew that the child was over 18 months of age.
(3)It is a defence to a charge under subsection (1) for the accused to prove that, at the time the offence is alleged to have been committed, the accused—
(a)had taken all reasonable steps to find out the age of the child; and
(b)believed on reasonable grounds that the child was a person who was 18 years of age or over or a child who was 18 months of age or under.