Page 3189 - Week 12 - Wednesday, 18 November 1992

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Clause 13

MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (12.13), by leave: I move:

Page 5, subclause (1), line 2, omit "or manager".

Page 5, subclause (1), line 6, after the subclause, insert the following penalty: "Penalty: $2,000."

Page 5, line 11, add at the end the following subclauses:

 (3) Subsections (1) and (2) do not preclude the use by the operator of a brothel or escort agency of an examination by a designated medical practitioner or the results of such an examination for the purpose of satisfying himself or herself that the prostitute is not infected with a sexually transmitted disease.

 "(4) In subsection (3) -

 'designated medical practitioner' means a person registered as a medical practitioner under the Medical Practitioners Registration Act 1930 and nominated in writing by the Medical Officer of Health for the purpose of this section.".

Madam Speaker, these amendments, as outlined in the explanatory memorandum, tighten up and expand what may be called the safe sex provisions of the Bill in relation to medical examinations and the use of prophylactics. We have again expanded, dramatically, the use of prophylactics provision as a result of discussions with Mr Humphries and Mrs Carnell, to ensure that the requirement to use a prophylactic applies to all parties to any commercial sexual activity. In the Government's discussion paper that was limited to brothels or escort agencies; but in the round table discussions we felt that it was appropriate, as safe sex is the heart of the Bill and is the reason why we are unanimous in supporting the Bill, for that to be expanded.

Amendments agreed to.

Clause, as amended, agreed to.

Clause 14

MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (12.14), by leave: I move:

Page 5, subclause (1), line 13, omit "or manager".

Page 5, subclause (1), line 15, omit "service", substitute "services".

Page 5, subclause (3), line 21, omit the subclause, substitute the following subclause:

 "(3) A person shall not, at a brothel or elsewhere, provide or receive commercial sexual services that involve vaginal, oral or anal penetration by any means unless a prophylactic is used.

Penalty: $5,000.".


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