Environmental Planning and Assessment Act 1979 No 203
124AB Proceedings relating to use of premises as
This section applies to proceedings before the Court to remedy or
restrain a breach of this Act in relation to the use of premises as a brothel.
Subsections (5) and (6) extend to any such proceedings in relation to all
brothels within the meaning of the Restricted
Premises Act 1943.
(2) Adjournments to obtain consent only in exceptional
The Court may not adjourn the proceedings under section 124 (3)
unless it is of the opinion that the adjournment is justified because of the
exceptional circumstances of the case. The fact that it is intended to lodge a
development application, or that a development application has been made, is
not by itself an exceptional circumstance.
(3) Time for making development application limited to 10
If the Court adjourns the proceedings under section 124 (3), the
proceedings must be brought back before the Court if a development application
is not made within 10 working days of the
(4) Only one adjournment
The Court may make only one adjournment under section 124 (3) of
(5) Finding may be made on circumstantial evidence
In any proceedings:
(a) the Court may rely on circumstantial evidence to find that
particular premises are used as a brothel, and
(b) the Court may make such a finding without any direct evidence that
the particular premises are used as a brothel.
(6) However, the presence in any premises of articles or equipment
that facilitate or encourage safe sex practices does not of itself constitute
evidence of any kind that the premises are used as a brothel.
Note. Examples of circumstantial evidence include (but are not limited
to) the following:
(a) evidence relating to persons entering and leaving the premises
(including number, gender and frequency) that is consistent with the use of
the premises for prostitution,
(b) evidence of appointments with persons at the premises for the
purposes of prostitution that are made through the use of telephone numbers or
other contact details that are publicly advertised,
(c) evidence of information in books and accounts that is consistent
with the use of the premises for prostitution,
(d) evidence of the arrangement of, or other matters relating to, the
premises, or the furniture, equipment or articles in the premises, that is
consistent with the use of the premises for