It has been claimed that the decriminalization of sex work may result in its proliferation, but there is no evidence to prove or disprove this claim. We investigated whether decriminalization was associated with the prevalence of paying for sex. A representative national sample of 8074 Australian men interviewed by telephone reported whether they had paid for sex ever and in the last 12 months. Cross-sectional associations between paying for sex in the last 12 months and their jurisdiction’s legal approach to sex work (criminalized, licensed, or decriminalized), were examined with logistic regression analysis, controlling for demographic variables and relationship status. Overall, 2.2 % of the men reported paying for sex in the past year—a proportion that was not statistically different by state or territory (P = 0.26). The only variable that was associated with paying for sex was not having a regular sexual partner, or to a lesser extent, not living with a regular partner. Being aged 16–19 years was associated with lower odds of paying for sex. Being a male without a regular partner was associated with paying for sex. The legal approach to sex work in the respondent’s state of residence was not associated with having paid for sex.