2016-Mar 11: Definition of Commercial Sexual Services under instruction E7.40

Visa Pak 250 - Clarification about definition of Commercial Sexual Services under instruction E7.40 and how this has previously been applied when deciding visa applications.

Visa Paks

11 March 2016

Definition of Commercial Sexual Services under instruction E7.40

There has been some inconsistency around how the definition of ‘commercial sexual services’ has been applied when deciding visa applications.

    ‘Commercial sexual services’ is defined under section 4(1) of the Prostitution Reform Act 2003:
Commercial sexual services means sexual services that—
    (a) involve physical participation by a person in sexual acts with, and for the gratification of, another person; and
    (b) are provided for payment or other reward (irrespective of whether the reward is given to the person providing the services or another person)

Section 4(2) further states that: 
    In this Act, a reference to providing or receiving commercial sexual services means to provide or receive those services personally (rather than arranging another person to provide the services or arranging for the services to be received by another person).

Commentary from the Justice and Electoral Committee on the Prostitution Reform Bill states that the definition of commercial sexual services would exclude activities such as stripping but may include activities such as lap dancing, nude massage or other activities involving physical participation of sexual acts with another person.

As such, exotic dancing may not fall under the definition of commercial sexual services. It was recommended by the Committee the definition be narrowed by clarifying that it relates only to physical participation.

Immigration instruction E7.40 – ‘Effect of provisions of the Prostitution Reform Act 2003’ states that no visa may be granted to a person on the basis that person has provided or intends to provide commercial sexual services.
  
Please discuss with your team(s) and apply the above definition of commercial sexual services when assessing visa applications.