Planning Laws and Regulations

For The Adult Industry

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Responsibility for planning nationally throughout Australia, is dynamic state-to-state, laws and regulations applying to both state and local. The role of the state government is to provide the overarching laws, regulations and policies in place. Then, local councils interpret and carry out approvals according to the local state planning laws, regulations and policies.

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Need help understanding the Laws and Regulations?

Planning Process

Are You A Restricted Adult Premise?

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The definition of what is a restricted premises varies from state to state.

Where restricted premises are permitted and prohibited is determined by local government. Some councils allow adult retail to trade alongside other retail stores and small businesses, while other councils only allow adult retail to operate in light industrial zones.

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Advertising Restrictions

Disability Discrimination Act (DDA)

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During the development approval process, there are some instances that a council may try to push for an adult retailer to operate only from the first floor of a retail premises.

That is, they don’t wish for the shop front to be on the ground floor.

It has been argued that this is in breach of federal Disability Discrimination Act if:

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1.

Lift access is otherwise not available to access the first floor in an existing building; and/or

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2.

State-based building codes do not legally require lift access when a new construction is below a certain number of storeys; and/or

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3.

It can be argued that either or both staff and customers have a range of access requirements that will not be met by the retail business being situated on the first floor.

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