Advertising sex work

The former complex rules governing sex work advertising have been repealed.

Section 39(1) of the SO Act states that the Governor in Council may make regulations with respect to advertisements for commercial sexual services. Please note at the time of publication no such regulations have been made. At the date of publication there are no such regulations in force. Section 38F of the Crimes Act makes the publishing of an advertisement that contravenes the regulations an offence punishable by 40 pu.

It is a serious crime to advertise for the purpose of deceptively recruiting another person in order to provide commercial sexual services. Deceptive recruiting is punishable by up to five years’ imprisonment (Crimes Act s 53F). If the person who is recruited is under the age of 18 years, and the person advertising knows that they are; this is considered aggravated deceptive recruiting for commercial sexual services and is punishable by up to 10 years’ imprisonment (Crimes Act s 53G).

Advertising sex work

Chapter: 3.4: Sex work

Contributor: Suzan Gencay, Family Violence and Victims Legal Service Coordinator, South-East Monash Legal Service

Current as of: 1 September 2024

Law Handbook Page: 149

Next Section: Criminal commercial sexual services offences