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RADIATION PROTECTION (TANNING UNITS) AMENDMENT BILL 2010

2010

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Ms Amanda Bresnan)

Radiation Protection (Tanning Units) Amendment Bill 2010

Contents

Page

2010

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Ms Amanda Bresnan)

Radiation Protection (Tanning Units) Amendment Bill 2010

A Bill for

An Act to amend the Radiation Protection Act 2006 to regulate tanning units used in solaria businesses

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1 Name of Act

This Act is the Radiation Protection (Tanning Units) Amendment Act 2010.

2 Commencement

This Act commences on a day fixed by the Minister by written notice.

Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

Note 3 If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

3 Legislation amended

This Act amends the Radiation Protection Act 2006.

4 New part 5A

insert

Part 5A Regulation of tanning units

87A Definitions—pt 5A

In this part:

solaria business means a business carried on by a person for fee or reward that uses 1 or more tanning units to provide a service of tanning human skin for cosmetic purposes.

tanning unit means an electrically powered apparatus intended to produce tanning of human skin by exposing the skin to ultraviolet radiation emitted by the apparatus.

tanning unit licence means a licence issued under section 87D.

tanning unit licensee means a person who holds a tanning unit licence.

ultraviolet radiation means radiation for which the wavelengths are within the range of 100 to 400 nanometres.

87B Tanning unit licence—requirement

A person must not carry on a solaria business unless the person has a tanning unit licence.

Maximum penalty: 50 penalty units.

87C Tanning unit licence—application

(1) A person may apply to the chief executive for a tanning unit licence.

Note 1 If a form is approved under s 121 for this provision, the form must be used.

Note 2 A fee may be determined under s 120 for this provision.

(2) The application must be in writing and include the following information:

(a) if the applicant is an individual—the individual’s name, postal address, telephone number and email address;

(b) if the applicant is a corporation—the name, postal address, telephone number and email address of an officer of the corporation;

(c) the address of the premises where the solaria business is to be carried on;

(d) the number and kind of tanning units to be used.

(3) The chief executive may, in writing, require the applicant to give the chief executive additional information or documents that the chief executive reasonably needs to decide the application.

(4) If the applicant does not comply with a requirement under subsection (2) or (3) the chief executive may refuse to consider the application.

87D Tanning unit licence—decision on application

(1) On an application by a person for a tanning unit licence, the chief executive must—

(a) issue the licence; or

(b) refuse to issue the licence.

(2) The chief executive must refuse to issue the tanning unit licence if the chief executive is satisfied on reasonable grounds that it is not in the public interest to issue the licence.

87E Tanning unit licence—form

A tanning unit licence must—

(a) be in writing; and

(b) state the name and address of the person to whom the licence is issued; and

(c) identify or describe the tanning units to which the licence applies; and

(d) state the period for which the licence is issued; and

(e) state any conditions imposed on the licence by the chief executive.

87F Tanning unit licence—term

A tanning unit licence is issued for the period of up to 3 years stated in the licence.

87G Tanning unit licence—conditions

A tanning unit licence is subject to—

(a) the conditions set out in schedule 2; and

(b) any conditions prescribed by regulation; and

(c) any other conditions imposed on the licence by the chief executive.

87H Tanning unit licence—failure to comply with licence condition

A tanning unit licensee commits an offence if—

(a) the licence is subject to a condition mentioned in section 87G (b) or (c); and

(b) the licensee fails to comply with the condition.

Maximum penalty: 50 penalty units.

Note It is also an offence to fail to comply with a condition set out in sch 2. The penalty for the offence is set out at the foot of the relevant provision in the schedule.

87I Tanning unit licence—notifying change in information

(1) This section applies if there is a change to any of the following in relation to a tanning unit licence:

(a) the name, postal address, telephone number or email address of the licensee;

(b) the address of the premises where the solaria business is carried on;

(c) the number or kind of tanning units used.

(2) The licensee must, as soon as practicable, but not later than 14 days after the day the change happens, tell the chief executive, in writing, about the change.

Maximum penalty: 10 penalty units.

(3) An offence against this section is a strict liability offence.

87J Tanning unit licence—notifying ceasing business

(1) This section applies if a tanning unit licensee stops carrying on a solaria business to which the licence relates.

(2) The licensee must, as soon as practicable, but not later than 14 days after the day the change happens—

(a) tell the chief executive, in writing, that the licensee has stopped carrying on the solaria business; and

(b) return the tanning unit licence to the chief executive.

Maximum penalty: 10 penalty units.

(3) An offence against this section is a strict liability offence.

87K Tanning unit licence—amendment on chief executive’s initiative

(1) The chief executive may, at any time and on the chief executive’s own initiative, amend a tanning unit licence (including by imposing a condition on, or amending a condition of, the licence).

Example—amendment

to change the level of radiation exposure from a tanning unit

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2) However, the chief executive may amend a tanning unit licence only if—

(a) the chief executive has given the licensee written notice of the proposed amendment; and

(b) the notice states that written comments on the proposal may be made to the chief executive before the end of a stated period of at least 14 days after the day the notice is given to the licensee; and

(c) the chief executive has considered any comments made before the end of the stated period.

(3) Subsection (2) does not apply if the tanning unit licensee applied for, or agreed in writing to, the amendment.

87L Tanning unit licence—amendment on application

(1) A tanning unit licensee may apply to the chief executive to amend the licensee’s tanning unit licence (including by removing or amending a condition of the licence).

Example—amendment

to change the number of tanning units authorised under the licence

Note 1 If a form is approved under s 121 for an application, the form must be used.

Note 2 A fee may be determined under s 120 for this provision.

Note 3 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2) The chief executive may, in writing, require the licensee to give the chief executive additional information or documents that the chief executive reasonably needs to decide the application.

(3) If the licensee does not comply with a requirement under subsection (2), the chief executive may refuse to consider the application.

(4) In deciding whether to amend the tanning unit licence, the chief executive may consider anything the chief executive may consider under section 87D in relation to an application for a licence.

(5) On an application by a licensee to amend a tanning unit licence, the chief executive must—

(a) amend the licence in the way applied for; or

(b) refuse to amend the licence.

87M Tanning unit licensee—grounds for occupational discipline

Each of the following is a ground for occupational discipline against a tanning unit licensee:

(a) the licensee gave information to the chief executive in relation to the application for, or an application for amendment of, the licensee’s licence that was false or misleading in a material particular;

(b) the licensee has contravened, or is contravening, this Act, whether or not the licensee has been convicted or found guilty of an offence for the contravention;

(c) the licensee has contravened, or is contravening, a territory law (other than this Act) or a law of the Commonwealth, a State or another Territory, whether or not the licensee has been convicted or found guilty of an offence for the contravention.

87N Chief executive may apply to ACAT for occupational discipline

If the chief executive believes on reasonable grounds that a ground for occupational discipline exists in relation to a tanning unit licensee, the chief executive may apply to the ACAT for an occupational discipline order in relation to the licensee.

Note The ACT Civil and Administrative Tribunal Act 2008, s 66 sets out occupational discipline orders the ACAT may make.

5 Reviewable decisions

Schedule 1, new items 10 to 13

insert

6 New schedule 2

insert

Schedule 2 Tanning unit licences—conditions

(see s 87G (a))

2.1 Definitions—sch 2

In this schedule:

AS/NZS 2635 means the Australian and New Zealand Standard AS/NZS 2635:2008 Solaria for cosmetic purposes, as in force from time to time.

Note AS/NZS 2635 may be purchased at www.standards.org.au.

client, in relation to a tanning unit licensee, means a person attending the licensee’s solaria business for a tanning session.

Fitzpatrick skin photo type classification system means the system for the classification of skin photo types mentioned in AS/NZS 2635.

operator, of a tanning unit, means the person operating or activating the tanning unit.

skin photo type, of a person, means the person’s skin photo type worked out in accordance with the Fitzpatrick skin photo type classification system.

solaria business—see section 87A.

tanning session means a period of time during which a client of a tanning unit licensee is exposed to ultraviolet radiation from a tanning unit used by the licensee’s solaria business.

tanning unit—see section 87A.

tanning unit licence—see section 87A.

tanning unit licensee—see section 87A.

ultraviolet radiation—see section 87A.

2.2 Client age and skin type

(1) A tanning unit licensee must ensure that a client is not exposed to ultraviolet radiation from a tanning unit unless—

(a) the client is at least 18 years old; and

(b) the client’s skin photo type—

(i) has been assessed in accordance with the Fitzpatrick skin photo type classification system; and

(ii) is not skin photo type I.

Maximum penalty: 100 penalty units.

(2) The criterion in subsection (1) (b) (i) is satisfied if—

(a) the operator of the tanning unit assesses the client’s skin photo type in accordance with the Fitzpatrick photo type classification system; or

(b) the client gives the operator a certificate from a doctor (a doctor’s skin photo type certificate)—

(i) certifying that the doctor has assessed the person’s skin type in accordance with the Fitzpatrick skin photo type classification system; and

(ii) stating the results of the doctor’s assessment.

2.3 Client consent

(1) A tanning unit licensee must ensure that a client is not exposed to ultraviolet radiation from a tanning unit unless the client has given written consent.

Note If a form is approved under s 121 for a consent, the form must be used.

Maximum penalty: 100 penalty units.

(2) For subsection (1), the licensee must ensure—

(a) that the client is given a reasonable time to read the consent; and

(b) has taken reasonable steps to be satisfied that the client understands the information in the consent.

2.4 Limits on exposure to radiation

(1) A tanning unit licensee must ensure that a client is not exposed to more than 0.9 MED for the client’s skin type from the unit during a single tanning session.

Maximum penalty: 50 penalty units.

(2) In this section:

minimum erythemal dose (or MED), for a skin type mentioned in an item in table 2.4, means the amount of ultraviolet radiation mentioned in relation to the skin type.

Note An amount mentioned in an item in table 2.4, column 3 is the dose of ultraviolet radiation that may cause a perceptible reddening of the skin for the skin type mentioned in the item.

Table 2.4 MED for skin types

2.5 Frequency of exposure to radiation

A tanning unit licensee must ensure that procedures are in place, and are carried out, to prevent a person from being exposed to ultraviolet radiation from a tanning unit more than once in any 48-hour period.

Maximum penalty: 50 penalty units.

2.6 Protective eye wear

(1) A tanning unit licensee must ensure that a client who is exposed to ultraviolet radiation from a tanning unit is wearing protective eyewear.

Maximum penalty: 50 penalty units.

(2) In this section:

protective eyewear means eyewear that complies with the requirements mentioned in AS/NZS 2635 in relation to eyewear.

2.7 Warning notices

A tanning unit licensee must ensure that a warning notice that complies with the requirements stated in AS/NZS 2635, clause 3.6.1 is displayed in accordance with that clause.

Maximum penalty: 50 penalty units.

2.8 Training of tanning unit operators

A tanning unit licensee must ensure that a person the licensee employs or engages as an operator of a tanning unit is trained in the following:

(a) the safe use and operation of tanning units;

(b) the requirements and practical implementation of AS/NZS 2635;

(c) the appropriate determination of skin types in accordance with the Fitzpatrick skin photo type classification system;

(d) the appropriate determination of exposure times for different skin types from tanning units;

(e) the method of screening people for skin conditions or other conditions that would limit exposure from tanning units;

(f) the types and wavelengths of ultraviolet radiation emitted by tanning units;

(g) the appropriate procedures for sanitising tanning units, using protective eyewear and using other equipment in connection with tanning units.

Maximum penalty: 50 penalty units.

2.9 Supervising clients

A tanning unit licensee must ensure that a client is directly supervised by a tanning unit operator whenever the client is using a tanning unit.

Maximum penalty: 50 penalty units.

2.10 Tanning units—use by 1 person only

A tanning unit licensee must ensure that 1 person only is exposed to ultraviolet radiation from a tanning unit at any one time.

Maximum penalty: 25 penalty units.

2.11 Tanning units—operating requirements

A tanning unit licensee must ensure that—

(a) a tanning unit cannot be operated by a client, other than to suspend or end a tanning session; and

(b) if a client is using a tanning unit for a tanning session, there is within reach of the client a means by which the client can suspend or end the tanning session; and

(c) the operator of a tanning unit can end a tanning session by remote means; and

(d) a timing device is installed on each tanning unit that can be set to automatically switch off the unit when the maximum amount of exposure to ultraviolet radiation for a client using the tanning unit is reached; and

(e) ultraviolet screening is provided to confine direct ultraviolet radiation emitted by a tanning unit to the area normally occupied by a client using the tanning unit; and

(f) if a client is exposed to ultraviolet radiation from a tanning unit in a standing position, there is at least 1 mechanism provided to support the client in that position.

Maximum penalty: 50 penalty units.

2.12 Record keeping

(1) A tanning unit licensee must keep the following records and documents at the licensee’s solaria business premises:

(a) a record of each skin photo type assessment carried out under section 2.2 (2) (a);

(b) a copy of each doctor’s skin photo type certificate given under section 2.2 (2) (b);

(c) a copy of each consent given under section 2.3 (1);

(d) a record of the following information for each tanning session conducted at the business:

(i) the date of the tanning session;

(ii) the name of the client who participated in the tanning session;

(iii) the length of the tanning session;

(iv) a description of the tanning unit used for the tanning session, including the unit’s model or serial number;

(e) a record of any maintenance or servicing of a tanning unit;

(f) a record of the sale or transfer of a tanning unit operated at the business, including the date when the unit was sold or transferred and the name and address of the person to whom it was sold or transferred;

(g) a record of the training given to each person employed or engaged as an operator of a tanning unit at the business.

(2) The tanning unit licensee must keep the records and documents mentioned in subsection (1) for at least 2 years after the day the record is made or document is obtained.

Maximum penalty: 50 penalty units.

2.13 Access to licence conditions and standard

A tanning unit licensee must—

(a) keep a copy of this schedule and AS/NZS 2635 at the premises of the licensee’s solaria business; or

(b) ensure that those documents are able to be accessed electronically at the premises.

Maximum penalty: 25 penalty units.

Example—electronic access

by using a computer to access the internet

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

2.14 Advertising claims about tanning units

(1) A tanning unit licensee must not represent or claim that using a tanning unit—

(a) will result in a non-cosmetic health benefit; or

(b) is safe from risk.

(2) A tanning unit licensee must not make a representation or claim that would cause a reasonable person to believe that the licensee’s solaria business provides tanning sessions—

(a) to clients at a greater frequency than is permitted under section 2.4 (Limits on exposure to radiation); or

(b) that would expose clients to a greater amount of ultraviolet radiation than permitted under this schedule.

Maximum penalty: 50 penalty units.

7 Dictionary, note 2

insert

• occupational discipline order

8 Dictionary, new definitions

insert

AS/NZS 2635, for schedule 2 (Tanning unit licences—conditions)—see schedule 2, section 2.1.

client, for schedule 2 (Tanning unit licences—conditions)—see schedule 2, section 2.1.

doctor’s skin photo type certificate—see schedule 2, section 2.2 (2) (b).

Fitzpatrick skin photo type classification system, for schedule 2 (Tanning unit licences—conditions)—see schedule 2, section 2.1.

ground for occupational discipline—see section 87M.

operator, for schedule 2 (Tanning unit licences—conditions)—see schedule 2, section 2.1.

skin photo type, for schedule 2 (Tanning unit licences—conditions)—see schedule 2, section 2.1.

solaria business, for part 5A (Regulation of tanning units) and schedule 2 (Tanning unit licences—conditions)—see section 87A.

tanning session, for schedule 2 (Tanning unit licences—conditions)—see schedule 2, section 2.1.

tanning unit, for part 5A (Regulation of tanning units) and schedule 2 (Tanning unit licences—conditions)—see section 87A.

tanning unit licence, for part 5A (Regulation of tanning units) and schedule 2 (Tanning unit licences—conditions)—see section 87A.

tanning unit licensee, for part 5A (Regulation of tanning units) and schedule 2 (Tanning unit licences—conditions)—see section 87A.

ultraviolet radiation, for part 5A (Regulation of tanning units) and schedule 2 (Tanning unit licences—conditions)—see section 87A.

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 2010.

2 Notification

Notified under the Legislation Act on 2010.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2010

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