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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Tattooing Industry Control
Bill 2015
A BILL FOR
An Act to regulate the tattooing industry; to prevent criminal infiltration
of the tattooing industry; and for other purposes.
Contents
6Commissioner for Consumer Affairs to be
responsible for administration of Act
Part 2—Regulation
of providers of tattooing services
7Automatic and permanent
disqualification from providing tattooing services
8Commissioner for
Consumer Affairs may disqualify person from providing tattooing
services
9Service of
disqualification notice
10Variation or revocation of disqualification
notice by Commissioner for Consumer Affairs
11Offence to allow disqualified person to
provide tattooing services
Part 3—Authorised officers may direct
providers of tattooing services etc
12Authorised officers may
direct persons
Part 4—Information gathering and
reporting
14Employees to provide certain information to
Commissioner for Consumer Affairs
15Commissioner for
Consumer Affairs may require information
Part 6—Enforcement and further
offences
19Powers of authorised
officers
20Further powers of police
officers—general drug detection
21Offence to possess certain items in premises
where tattooing services provided
22Further powers of
police officers—random weapon and explosive searches
24False or misleading
information
25Commissioner of Police may provide information
to Commissioner for Consumer Affairs
27Offences by bodies
corporate
Part 1—Amendment of Second-hand
Dealers and Pawnbrokers Act 1996
1Amendment of section
3—Interpretation
3Amendment of section 6—Disqualification
from carrying on business as second-hand dealer
5Amendment of section
27—Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Tattooing Industry Control
Act 2015.
This Act will come into operation on a day to be fixed by
proclamation.
(1) In this Act, unless the contrary intention appears—
close associate—see
subsection (3)
;
Commissioner for Consumer Affairs means the Commissioner for
Consumer Affairs under the
Fair
Trading Act 1987
or the person for the time being acting in the office of Commissioner for
Consumer Affairs;
criminal intelligence means information relating to actual or
suspected criminal activity (whether in this State or elsewhere) the disclosure
of which could reasonably be expected to prejudice criminal investigations,
enable the discovery of the existence or identity of a confidential source of
information relevant to law enforcement or endanger a person's life or physical
safety;
director of a body corporate includes—
(a) a person occupying or acting in the position of director or member of
the governing body of the body corporate, by whatever name called and whether or
not validly appointed to occupy or duly authorised to act in the position;
and
(b) any person in accordance with whose directions or instructions the
directors or members of the governing body of the body corporate are accustomed
to act;
domestic partner means a person who is a domestic partner
within the meaning of the
Family
Relationships Act 1975
, whether declared as such under that Act or not;
prescribed organisation—the following are prescribed
organisations:
(a) a declared organisation within the meaning of the
Serious
and Organised Crime (Control) Act 2008
;
(b) a criminal organisation within the meaning of Division 1 or Division 2
of Part 3B of the
Criminal
Law Consolidation Act 1935
;
(c) any other organisation prescribed by the regulations for the purposes
of this definition,
and a reference to a member of such an organisation is to be
construed in accordance with the relevant Act;
tattoo means to insert into or through the skin any colouring
material designed to leave a permanent mark.
(2) For the purposes of this Act, a reference to a parent, brother, sister
or child of a person will be taken to include a reference to a step-parent,
step-brother, step-sister or step-child (as the case requires) of the
person.
(3) For the
purposes of this Act, 2 persons are close associates
if—
(a) 1 is a spouse, domestic partner, parent, brother, sister or child of
the other; or
(b) they are members of the same household; or
(c) they are in partnership; or
(d) they are related bodies corporate (within the meaning of the
Corporations Act 2001 of the Commonwealth; or
(e) 1 has a right to participate (otherwise than as a shareholder in a
body corporate) in income or profits derived from a business conducted by the
other; or
(f) 1 is in a position to exercise control or significant influence over
the conduct of the other.
4—Providing
tattooing services
(1) For the purposes of
this Act, a person provides tattooing services if—
(a) in the case of a natural person—he or she—
(i) tattoos another person (whether or not for fee or reward);
or
(ii) carries on a business in the course of which he or she or another
person tattoos a person (whether or not for fee or reward); or
(iii) is a director of a body corporate that carries on a business in the
course of which he or she or another person tattoos a person (whether or not for
fee or reward); or
(iv) sells or supplies, or offers to sell or supply, prescribed tattooing
equipment to a person; or
(v) provides any other service of a kind prescribed by the regulations for
the purposes of this paragraph; or
(b) in the case of a body corporate—the body
corporate—
(i) carries on a business in the course of which a person tattoos another
person (whether or not for fee or reward); or
(ii) is a close associate of a body corporate that carries on a business
in the course of which a person tattoos another person (whether or not for fee
or reward); or
(iii) sells or supplies, or offers to sell or supply, prescribed tattooing
equipment to a person; or
(iv) provides any other service of a kind prescribed by the regulations
for the purposes of this paragraph.
(2) For the purposes of this section, a reference to supplying prescribed
tattooing equipment does not include a reference to the mere delivery of
prescribed tattooing equipment by Australia Post, a courier or a similar
carriage service.
(3) In this section—
prescribed tattooing equipment means the following equipment
(however described) used, or to be used, in tattooing a person:
(a) a tattoo machine or tattoo gun;
(b) needles;
(c) ink or other colouring material;
(d) any other equipment prescribed by the regulations for the purposes of
this paragraph.
(1) Information that is classified by the Commissioner of Police as
criminal intelligence for the purposes of this Act may not be disclosed to any
person other than the Commissioner for Consumer Affairs, the Minister, a court
or a person to whom the Commissioner of Police authorises its
disclosure.
(2) If the Commissioner for Consumer Affairs—
(a) disqualifies a person from providing tattooing services under
Part 2
or refuses to revoke a disqualification under
Part 2
; and
(b) the decision to do so is made because of information that is
classified by the Commissioner of Police as criminal intelligence,
the Commissioner for Consumer Affairs is not required to provide any
grounds or reasons for the decision other than that it would be contrary to the
public interest if the person were to provide tattooing services.
(3) In any proceedings under this Act, the court determining the
proceedings—
(a) must, on the application of the Commissioner of Police, take steps to
maintain the confidentiality of information classified by the Commissioner of
Police as criminal intelligence, including steps to receive evidence and hear
argument about the information in private in the absence of the parties to the
proceedings and their representatives; and
(b) may take evidence consisting of or relating to information so
classified by the Commissioner of Police by way of affidavit of a police officer
of or above the rank of superintendent.
(4) The
Commissioner of Police may not delegate the function of classifying information
as criminal intelligence for the purposes of this Act except to a Deputy
Commissioner or Assistant Commissioner of Police.
6—Commissioner
for Consumer Affairs to be responsible for administration of
Act
The Commissioner for Consumer Affairs is responsible, subject to the
control and directions of the Minister, for the administration of this
Act.
Part 2—Regulation
of providers of tattooing services
7—Automatic
and permanent disqualification from providing tattooing
services
(1) A person must not provide tattooing services if the person is
disqualified from providing tattooing services under this section.
Maximum penalty:
(a) in the case of a natural person—Imprisonment for 4 years;
or
(b) in the case of a body corporate—$250 000.
(2) A natural
person is disqualified from providing tattooing services if he or
she—
(a) is a member of a prescribed organisation; or
(b) is a close associate of a person who is a member of a prescribed
organisation or is subject to a control order under the
Serious
and Organised Crime (Control) Act 2008
; or
(c) is disqualified from providing tattooing services (however described)
under a law of the Commonwealth or another State or Territory; or
(d) is a person, or is a person of a class, prescribed by the regulations
for the purposes of this subsection.
(3) A body
corporate is disqualified from providing tattooing services if—
(a) the body corporate—
(i) is a prescribed organisation; or
(ii) is disqualified from providing tattooing services (however described)
under a law of the Commonwealth or another State or Territory; or
(b) a director of the body corporate is disqualified from providing
tattooing services under
subsection (2)
; or
(c) is a body corporate, or is a body corporate of a class, prescribed by
the regulations for the purposes of this subsection.
(4) A person is disqualified from providing tattooing services whether the
events referred to in
subsection (2)
or
(3)
occur—
(a) before or after the commencement of this section; or
(b) before or after the person commences providing tattooing
services.
8—Commissioner
for Consumer Affairs may disqualify person from providing tattooing
services
(1) Without limiting
section 7
, the Commissioner for Consumer Affairs may, by notice in writing (a
disqualification notice), disqualify a person from providing
tattooing services if—
(a) the person was, at any time within the 5 preceding years, a member of
a prescribed organisation; or
(b) the person was, at any time within the 5 preceding years, a close
associate of a member of a prescribed organisation; or
(c) the person is found guilty, or has within the preceding 10 years been
found guilty, of an offence prescribed by the regulations for the purposes of
this section; or
(d) the Commissioner for Consumer Affairs reasonably believes that such
action is appropriate for the purpose of averting, eliminating or minimising a
risk, or a perceived risk, to the safety of members of the public; or
(e) the Commissioner for Consumer Affairs reasonably believes that to
allow the person to provide tattooing services, or to continue to provide
tattooing services, would otherwise not be in the public interest.
(2) A disqualification notice has effect from the date specified in the
notice and continues in force—
(a) indefinitely; or
(b) for the period specified in the notice; or
(c) until the notice is revoked in accordance with this or any other
Act,
whichever is the sooner.
(3) A person who contravenes or fails to comply with a disqualification
notice is guilty of an offence.
Maximum penalty:
(a) in the case of a natural person—Imprisonment for 4 years;
or
(b) in the case of a body corporate—$250 000.
(4) A person does not commit an offence against this section in respect of
an act or omission unless the person knew that the act or omission constituted a
contravention of, or failure to comply with, the disqualification notice or was
reckless as to that fact.
(5) Subject to this section, a disqualification notice given by the
Commissioner for Consumer Affairs—
(a) must state the grounds on which the notice has been given;
and
(b) must contain a statement advising the recipient that he or she is
entitled to appeal against the Commissioner for Consumer Affairs decision to
give the notice in accordance with
section 17
; and
(c) must contain such other information as may be required by the
regulations.
(6) A statement of
the grounds on which a disqualification notice has been issued must not contain
information that is classified by the Commissioner for Police as criminal
intelligence (however a failure to comply with this subsection does not
invalidate a disqualification notice).
9—Service
of disqualification notice
(1) Subject to the making of an order under
subsection (3)
, a disqualification notice must be served on the recipient personally and
is not binding on the recipient until it has been so served.
(2) If a police officer has reason to believe that a person is subject to
a disqualification notice that has not been served on the person, the officer
may—
(a) require the
person to remain at a particular place for—
(i) so long as may be necessary for the notice to be served on the person;
or
(ii) 2 hours,
whichever is the lesser; and
(b) if the person refuses or fails to comply with the requirement or the
officer has reasonable grounds to believe that the requirement will not be
complied with, arrest and detain the person in custody (without warrant) for the
period referred to in
paragraph (a)
.
(3) If a police
officer satisfies a court that all reasonable efforts have been made to effect
personal service of a disqualification notice on a recipient in accordance with
this section but that those efforts have failed, the court may make such orders
as it thinks fit in relation to substituted service (and the notice is not
binding on the recipient until it has been so served).
10—Variation
or revocation of disqualification notice by Commissioner for Consumer
Affairs
The Commissioner for Consumer Affairs may, at any time, vary or revoke a
disqualification notice by notice in writing to the recipient.
11—Offence
to allow disqualified person to provide tattooing services
(1) A person who
carries on a business in the course of which tattooing services are provided
must not allow a person who is disqualified under this Act from providing
tattooing services to provide tattooing services in the course of that
business.
Maximum penalty:
(a) in the case of a natural person—Imprisonment for 4 years;
or
(b) in the case of a body corporate—$250 000.
(2) In proceedings for an offence against
subsection (1)
, it is a defence for the defendant to prove that he or she believed on
reasonable grounds that the person who provided tattooing services in
contravention of that subsection was not disqualified under this Act from
providing such services.
Part 3—Authorised
officers may direct providers of tattooing services etc
12—Authorised
officers may direct persons
(1) An authorised officer may give a direction under this section to a
person who provides tattooing services for the purpose of averting, eliminating
or minimising a risk, or a perceived risk, to the safety of members of the
public.
(2) A direction
under this section—
(a) must be in the form of a written notice served on the person to whom
it is issued; and
(b) must specify the person to whom the direction is given (whether by
name or by a description sufficient to identify the person); and
(c) may direct 2 or more persons to do something specified in the notice
jointly; and
(d) without limiting any other provision, in the case of a direction that
relates to the condition of any premises, may be given to any person
who—
(i) is the owner or
occupier of the premises; or
(ii) has the
management or control of the premises; and
(e) must state the purpose for which the direction is given; and
(f) may impose any
requirement reasonably required for the purpose for which the direction is
given, including 1 or more of the following:
(i) a requirement that the person discontinue, or not commence, a
specified activity indefinitely or for a specified period or until further
notice from an authorised officer;
(ii) a requirement that the person take specified action in a specified
way, and within a specified period or at specified times or in specified
circumstances;
(iii) a requirement that the person take action to prevent, eliminate,
minimise or control any specified risk to the safety of members of the public;
and
(g) must contain a statement advising the person to whom the direction is
given that he or she is entitled to appeal against the decision to give the
direction in accordance with
section 17
.
(3) A person to
whom a direction is given under this section must not, without reasonable
excuse, refuse or fail to comply with the direction.
Maximum penalty:
(a) in the case of a natural person—$100 000 or imprisonment for 1
year; or
(b) in the case of a body corporate—$250 000.
Part 4—Information
gathering and reporting
13—Providers
of tattooing services etc to provide certain information to Commissioner for
Consumer Affairs
(1) A person who
proposes to commence carrying on a business in the course of which tattooing
services are provided must give the Commissioner for Consumer Affairs written
notice in accordance with this section.
Maximum penalty:
(a) in the case of a natural person—$100 000 or imprisonment for 1
year; or
(b) in the case of a body corporate—$250 000.
(a) on the
commencement of this section is carrying on a business in the course of which
tattooing services are provided; or
(b) after the
commencement of this section commences to carry on a business in the course of
which tattooing services are provided,
must give the Commissioner for Consumer Affairs written notice in
accordance with this section.
Maximum penalty:
(a) in the case of a natural person—$100 000 or imprisonment for 1
year; or
(b) in the case of a body corporate—$250 000.
(3) A notice under
subsection (1)
or
(2)
—
(a) must be given in a manner and form determined by the Commissioner for
Consumer Affairs; and
(b) must be given—
(i) in the case of a person referred to in
subsection (1)
—at least 90 days before commencing to carry on the business;
or
(ii) in the case of a person referred to in
subsection (2)(a)
—within 28 days after the commencement of this section;
or
(iii) in the case of a person referred to in
subsection (2)(b)
—within 28 days after commencing carrying on the business;
and
(c) must include—
(i) in the case of a body corporate—
(A) the name of the body corporate and any business or trading name under
which the body corporate is to provide tattooing services; and
(B) the registered address of the body corporate; and
(C) the full name, residential address and date of birth of each director
of the body corporate; and
(ii) in the case of a natural person—his or her full name,
residential address and date of birth; and
(iii) in any case—
(A) the address of any premises at which tattooing services are to be
provided by or on behalf of the person; and
(B) the full name, residential address and date of birth of any other
person employed by the person to provide tattooing services; and
(C) such other information as may be required by the
regulations.
(4) A person
required to give notice under this section must, within 14 days of any change in
the information referred to in
subsection (3)
, notify the Commissioner for Consumer Affairs of the changed
information.
Maximum penalty:
(a) in the case of a natural person—$100 000 or imprisonment for 1
year; or
(b) in the case of a body corporate—$250 000.
(5) A notice under
subsection (4)
must be given in a manner and form determined by the Commissioner for
Consumer Affairs.
14—Employees
to provide certain information to Commissioner for Consumer
Affairs
(1) A person must,
within 28 days of commencing employment (whether paid or unpaid) in the course
of which he or she provides tattooing services, notify the Commissioner for
Consumer Affairs that he or she is so employed.
Maximum penalty: $100 000 or imprisonment for 1 year.
(2) A notice under
subsection (1)
—
(a) must be given in a manner and form determined by the Commissioner for
Consumer Affairs; and
(b) must contain the information required by regulations.
15—Commissioner
for Consumer Affairs may require information
(1) The
Commissioner for Consumer Affairs may, by notice in writing, require a person
whom he or she reasonably suspects has knowledge of matters in respect of which
information is reasonably required for the administration or enforcement of this
Act to provide to him or her such information as may be specified in the
notice.
(2) Information required under a notice must be provided in the manner and
form, and within the period, specified in the notice.
(3) A person must
not, without reasonable excuse, refuse or fail to comply with a requirement made
under
subsection (1)
.
Maximum penalty: $100 000 or imprisonment for 1 year.
(1) A person carrying on a business in the course of which tattooing
services are provided must keep such records as may be required by the
regulations.
Maximum penalty:
(a) in the case of a natural person—$100 000 or imprisonment for 1
year; or
(b) in the case of a body corporate—$250 000.
Expiation fee: $10 000.
(2) A record required to be kept by a person under this section must be
kept for a period of not less than 2 years.
Maximum penalty:
(a) in the case of a natural person—$100 000 or imprisonment
for 1 year; or
(b) in the case of a body corporate—$250 000.
Expiation fee: $10 000.
(1) A person who is dissatisfied with a decision of the Commissioner for
Consumer Affairs, or a direction of an authorised officer under
section 12
, may appeal to the Administrative and Disciplinary Division of the
District Court against the decision or direction.
(2) Subject to
subsection (3)(b)
, an appeal must be instituted within 28 days of the making of the decision
or direction appealed against.
(3) Subject to
section 5
—
(a) the Commissioner for Consumer Affairs or authorised officer (as the
case requires) must, if so required by the appellant, state in writing the
reasons for the decision or direction appealed against; and
(b) if the reasons
of the Commissioner for Consumer Affairs or authorised officer are not given in
writing at the time of the decision or direction (as the case requires) and the
appellant (within 1 month of the decision or the direction) requires
the Commissioner or authorised officer to state the reasons in writing, the time
for instituting an appeal runs from the time at which the appellant receives the
written statement of those reasons.
Part 6—Enforcement
and further offences
(1) The following
persons are authorised officers for the purposes of this Act:
(a) the Commissioner for Consumer Affairs;
(c) authorised officers under section 76 of the
Fair
Trading Act 1987
;
(d) a person, or a
class of persons, authorised by the Commissioner for Consumer Affairs to be an
authorised officer for the purposes of this Act.
(2) An authorisation under
subsection (1)(d)
may be made subject to conditions or limitations specified in the
instrument of authorisation.
(3) An authorised officer under
subsection (1)(d)
must be issued with an identity card—
(a) containing the person's name and a photograph of the person;
and
(b) stating that the person is an authorised officer under this
Act.
(4) If the powers of an authorised officer under
subsection (1)(d)
have been limited by conditions, the identity card issued to the
authorised officer must indicate those limitations.
(5) An authorised officer (other than a police officer in uniform) must,
at the request of a person in relation to whom the authorised officer intends to
exercise powers under this Act, produce for inspection his or her identity card
or other evidence of his or her authority.
(6) The Commissioner for Consumer Affairs may, by notice in writing to the
authorised officer, vary or revoke an authorisation under
subsection (1)(d)
, or a condition or limitation of such an authorisation, on any grounds he
or she thinks fit.
19—Powers
of authorised officers
(1) An authorised officer may—
(a) enter and remain in or on any premises, place or vehicle that the
officer reasonably suspects is used for, or in connection with, the provision of
tattooing services (and, if entry is refused, may employ such force as is
reasonably necessary to gain entry); and
(b) inspect or search the premises, place or vehicle or any equipment or
other thing on the premises, place or vehicle; and
(c) inspect any records kept by a person whom the authorised officer
reasonably suspects of providing tattooing services and, for that purpose,
require the person, or an employee or agent of the person, to produce the
records; and
(d) examine, copy or take extracts from such records, or require the
person, or an employee or agent of the person, to provide a copy of the records;
and
(e) remove and retain such records for so long as is reasonably necessary
for the purpose of making a copy or extract of the record; and
(f) seize and remove anything that constitutes evidence of an offence
against this Act.
(2) An authorised officer may not exercise the power of entry conferred by
this section in relation to residential premises except—
(a) with the consent of the occupier of the premises; or
(b) on the authority of a warrant issued by a magistrate under this
section; or
(c) if there are reasonable grounds to suspect that the premises are used
on a continuing or regular basis for, or in connection with, the provision of
tattooing services.
(3) A magistrate may issue a warrant for the purposes of this section if
satisfied, by information given on oath, that the warrant is reasonably required
in the circumstances.
(4) An authorised officer may, in exercising a power under this section,
be accompanied by such assistants as may reasonably be required in the
circumstances.
(5) A person who—
(a) hinders an authorised officer in the exercise of powers under this
Act; or
(b) refuses or fails to comply with a requirement made under this
section,
is guilty of an offence.
Maximum penalty: $5 000.
20—Further
powers of police officers—general drug detection
A police officer may carry out general drug detection under the
Controlled
Substances Act 1984
in relation to premises that the police officer reasonably suspects are
being used to carry on a business in the course of which tattooing services are
provided (and, for the purposes of the
Controlled
Substances Act 1984
, such premises will be taken to be an area to which section 52A of
that Act applies).
21—Offence
to possess certain items in premises where tattooing services
provided
(1) A person who has
possession of a prescribed item in premises used to carry on a business in the
course of which tattooing services are provided is guilty of an
offence.
Maximum penalty: Imprisonment for 2 years.
(2) In proceedings for an offence against
subsection (1)
, it is a defence for the defendant to prove that he or she did not know,
and could not reasonably have been expected to have known, that the relevant
premises were, at the relevant time, used to carry on a business in the course
of which tattooing services are provided.
(3) In this section—
prescribed item means—
(a) a firearm (within the meaning of the
Firearms
Act 1977
); or
(b) explosive (within the meaning of the
Explosives
Act 1936
); or
(c) a dangerous article, offensive weapon or prohibited weapon (within the
meaning of Part 3A of the
Summary
Offences Act 1953
); or
(d) any other item prescribed by the regulations for the purposes of this
definition.
22—Further
powers of police officers—random weapon and explosive
searches
(1) A police
officer may carry out a random weapon and explosive search in relation to
premises that the police officer reasonably suspects are being used to carry on
a business in the course of which tattooing services are provided.
(2) A police officer may, in carrying out a search under this section,
do 1 or more of the following:
(a) enter and remain in the premises;
(b) inspect or search the premises, any person on the premises and any
equipment or other thing on the premises;
(c) examine any substance, equipment or device;
(d) take and remove from the premises samples of any substance or
goods;
(e) carry out tests;
(f) take photographs or films or make audio or audiovisual
records;
(g) if the officer suspects on reasonable grounds that an offence against
this Act has been committed, seize and remove from the premises anything that
the officer has reasonable cause to suspect affords evidence of the
offence;
(h) give such directions as are reasonably necessary for, or incidental
to, the effective exercise of the officer's powers under this section.
(3) Nothing in this section authorises a police officer to conduct or
require an intimate search, an intrusive search or an intimate intrusive search
of a person.
(4) A police officer may, in exercising powers under this section, use a
detection dog, a metal detector or an electronic detection system.
(5) Nothing in this section limits any powers a police officer may have
under the
Firearms
Act 1977
, the
Explosives
Act 1936
, the
Summary
Offences Act 1953
or any other Act or law.
(6) In this section—
detection dog means a dog that has completed training of a
kind approved by the Commissioner of Police for the purpose of detecting the
presence of firearms or explosive;
electronic detection system means—
(a) an electronic device of a kind approved by the Commissioner of Police;
or
(b) a system, of a kind approved by the Commissioner of Police, that
involves the use of an electronic device,
for the purpose of detecting the presence of firearms or
explosive;
intimate intrusive search means an intrusive search of the
rectum or vagina;
intimate search means a search of the body that involves
exposure of, or contact with the skin of, the genital or anal area, the buttocks
or, in the case of a female, the breasts, and includes an intimate intrusive
search;
intrusive search means an internal search involving the
introduction of anything into a bodily orifice.
(1) The Minister
may, by notice in the Gazette, grant exemptions from this Act or specified
provisions of this Act—
(a) to a person, or persons of a class, specified in the notice;
or
(b) in relation to tattooing services, or tattooing services of a class,
specified in the notice.
(2) An exemption under
subsection (1)
may be granted by the Minister on conditions specified by the
Minister.
(3) The Minister may, at any time, by further notice in the
Gazette—
(a) vary or revoke an exemption; or
(b) vary or revoke a condition of an exemption, or impose a new
condition,
on any grounds the Minister thinks fit.
(4) Before granting an exemption, or varying or revoking an exemption or
condition of an exemption, the Minister must consult with the Commissioner for
Consumer Affairs and the Commissioner of Police.
24—False
or misleading information
A person must not make a statement that is false or misleading in a
material particular (whether by reason of the inclusion or omission of any
particular) in any information provided, or record kept, under this
Act.
Maximum penalty:
(a) in the case of a natural person—$100 000 or imprisonment for 1
year; or
(b) in the case of a body corporate—$250 000.
25—Commissioner
of Police may provide information to Commissioner for Consumer
Affairs
Without limiting any other Act or law that requires or authorises the
Commissioner of Police to disclose information, the Commissioner of Police may
disclose to the Commissioner for Consumer Affairs any information on any matter
relevant to the operation or enforcement of this Act.
If a person is required to provide information to the Commissioner for
Consumer Affairs, the Commissioner for Consumer Affairs may require the
information to be verified by statutory declaration and, in that event, the
person will not be taken to have provided the information as required unless it
has been so verified.
27—Offences
by bodies corporate
(1) If a body corporate is guilty of an offence against this Act, each
director of the body corporate is guilty of an offence and liable to the same
penalty as is prescribed for the principal offence unless the director proves
that he or she could not by the exercise of due diligence have prevented the
commission of the offence.
(2) The regulations may make further provision in relation to the criminal
liability of a director of a body corporate that is guilty of an offence against
the regulations.
(1) A notice or
document required or authorised to be given or sent to, or served on, a person
for the purposes of this Act (other than a disqualification notice under
section 8
) may—
(a) be given to the person personally; or
(b) be posted in an envelope addressed to the person at the person's last
known nominated contact, residential, business or (in the case of a corporation)
registered address; or
(c) be left for the person at the person's last known nominated contact,
residential, business or (in the case of a corporation) registered address with
someone apparently over the age of 16 years; or
(d) be transmitted by fax or email to a fax number or email address
provided by the person (in which case the notice or document will be taken to
have been given or served at the time of transmission).
(2) Without limiting the effect of
subsection (1)
, a notice or other document required or authorised to be given or sent to,
or served on, a person for the purposes of this Act may, if the person is a
company or registered body within the meaning of the Corporations
Act 2001 of the Commonwealth, be served on the person in accordance
with that Act.
(1) In proceedings for an offence against this Act, an allegation in the
complaint or information—
(a) that a person named in the complaint or information is or is not, or
was or was not on a specified date, disqualified from providing tattooing
services; or
(b) that a specified person is or is not, or was or was not on a specified
date, an authorised officer,
will be accepted as proved in the absence of proof to the
contrary.
(2) In any legal proceedings, a document apparently certified by the
Commissioner for Consumer Affairs to be a notice or other document issued under
this Act, or to be a copy of such a notice or other document, will be accepted
as such in the absence of proof to the contrary.
(1) The Governor
may make such regulations as are contemplated by, or necessary or expedient for
the purposes of, this Act.
(2) Without limiting the generality of
subsection (1)
, the regulations may—
(a) exempt a person or person of a class, or a tattooing service of a
class, from the operation of a provision or provisions of this Act;
(b) require persons who provide tattooing services to comply with a
specified code of conduct or practice;
(c) require persons who provide tattooing services to lodge periodic
returns;
(d) incorporate or operate by reference to a specified code or standard as
in force at a specified time or as in force from time to time;
(e) fix fees to be paid in respect of any matter under this Act and
regulate the recovery, refund, waiver or reduction of such fees;
(f) impose a penalty, not exceeding a fine of $10 000, for
contravention of, or non-compliance with, a regulation;
(g) fix expiation fees, not exceeding $1 000, for alleged offences against
the regulations;
(h) make provisions of a savings or transitional nature.
(3) The regulations may—
(a) be of general application or limited application;
(b) make different provision according to the matters or circumstances to
which they are expressed to apply;
(c) provide that a
specified provision of this Act does not apply, or applies with prescribed
variations, to any person, circumstance or situation (or person, circumstance or
situation of a specified class) specified by the regulations;
(d) provide that a matter or thing in respect of which regulations may be
made is to be determined according to the discretion of a specified person or
body.
(4) If a code or standard is referred to or incorporated in the
regulations—
(a) a copy of the code or standard must be kept available for inspection
by members of the public, without charge and during normal office hours, at an
office determined by the Minister; and
(b) evidence of the contents of the code or standard may be given in any
legal proceedings by production of a document apparently certified by the
Minister to be a true copy of the code or standard.
Part 1—Amendment of Second-hand Dealers and
Pawnbrokers Act 1996
1—Amendment
of section 3—Interpretation
(1) Section 3(1)—after the definition of pawnbroker
insert:
prescribed organisation and member of a prescribed
organisation have the same meanings as in the
Tattooing
Industry Control Act 2015
;
(2) Section 3—after subsection (2) insert:
(3) For the purposes of this Act, a reference to a parent, brother, sister
or child of a person will be taken to include a reference to a step-parent,
step-brother, step-sister or step-child (as the case requires) of the
person.
(4) For the
purposes of this Act, 2 persons are close associates
if—
(a) 1 is a spouse, domestic partner, parent, brother, sister or child of
the other; or
(b) they are members of the same household; or
(c) they are in partnership; or
(d) they are related bodies corporate (within the meaning of the
Corporations Act 2001 of the Commonwealth; or
(e) 1 has a right to participate (otherwise than as a shareholder in a
body corporate) in income or profits derived from a business conducted by the
other; or
(f) 1 is in a position to exercise control or significant influence over
the conduct of the other.
After section 5 insert:
5A—Criminal intelligence
(1) If the Commissioner of Police—
(a) disqualifies a person from commencing or continuing to carry on
business as a second-hand dealer under Part 2, or refuses to revoke a
disqualification under that Part; and
(b) the decision to do so is made because of information that is
classified by the Commissioner of Police as criminal intelligence,
the Commissioner of Police is not required to provide any grounds or
reasons for the decision other than that it would be contrary to the public
interest if the person were to carry on business as a second-hand
dealer.
(2) In any proceedings relating to this Act, the court determining the
proceedings—
(a) must, on the application of the Commissioner of Police, take steps to
maintain the confidentiality of information classified by the Commissioner of
Police as criminal intelligence, including steps to receive evidence and hear
argument about the information in private in the absence of the parties to the
proceedings and their representatives; and
(b) may take evidence consisting of, or relating to, information that is
so classified by the Commissioner of Police by way of affidavit.
3—Amendment
of section 6—Disqualification from carrying on business as second-hand
dealer
(1) Section 6(1), penalty provision—delete "$2 500" and
substitute:
Imprisonment for 2 years
(2) Section 6(2)—after paragraph (b) insert:
(ba) is a member of a prescribed organisation; or
(bb) is a close associate of a person who is a member of a prescribed
organisation or is subject to a control order under the
Serious
and Organised Crime (Control) Act 2008
; or
(bc) is disqualified from carrying on business as a second-hand dealer
(however described) under a law of the Commonwealth or another State or
Territory; or
(bd) is a person, or is a person of a class, prescribed by the regulations
for the purposes of this subsection; or
(3) Section 6(3)(a)(i)—after subparagraph (ii) insert:
(iii) is a prescribed organisation; or
(iv) is disqualified from carrying on business as a second-hand dealer
(however described) under a law of the Commonwealth or another State or
Territory; or
(v) is a body corporate, or is a body corporate of a class, prescribed by
the regulations for the purposes of this subsection; or
(4) Section 6(3)(b)—after subparagraph (iii) insert:
or
(iv) is disqualified from commencing to carry on business as a second-hand
dealer under subsection (2); or
(v) is disqualified from carrying on business as a second-hand dealer
(however described) under a law of the Commonwealth or another State or
Territory.
After section 6 insert:
6A—Further powers of Commissioner of Police to
disqualify person from carrying on business as second-hand
dealer
(1) Without limiting section 6, the Commissioner of Police may, by notice
in writing, disqualify a person from commencing or continuing to carry on
business as a second-hand dealer if—
(a) the person was, at any time within the 5 preceding years, a member of
a prescribed organisation; or
(b) the person was, at any time within the 5 preceding years, a close
associate of a member of a prescribed organisation; or
(c) the person is found guilty, or has within the preceding 10 years been
found guilty, of an offence prescribed by the regulations for the purposes of
this section; or
(d) the Commissioner of Police reasonably believes that to allow the
person to commence or continue to carry on business as a second-hand dealer
would otherwise not be in the public interest.
(2) A disqualification notice has effect from the date specified in the
notice and continues in force—
(a) indefinitely; or
(b) for the period specified in the notice; or
(c) until the notice is revoked in accordance with this or any other
Act,
whichever is the sooner.
(3) A disqualification notice—
(a) must state the grounds on which the notice has been given;
and
(b) must contain a statement advising the recipient that he or she is
entitled to appeal against the decision to give the notice in accordance with
subsection (7)
.
(4) The Commissioner of Police may, at any time, vary or revoke a
disqualification notice by notice in writing to the recipient.
(5) A person who contravenes or fails to comply with a disqualification
notice is guilty of an offence.
Maximum penalty: Imprisonment for 2 years.
(6) A person does not commit an offence against this section in respect of
an act or omission unless the person knew that the act or omission constituted a
contravention of, or failure to comply with, the disqualification notice or was
reckless as to that fact.
(7) A person who is
disqualified under this section from carrying on business as a second-hand
dealer may apply to the Administrative and Disciplinary Division of the District
Court for an order removing the disqualification as if the disqualification were
a disqualification under section 6.
5—Amendment
of section 27—Regulations
Regulation 27(3)—after paragraph (c) insert:
(d) make provisions of a savings or transitional nature.