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This is a Bill, not an Act. For current law, see the Acts databases.
Tattoo Parlours Amendment Bill 2012
No , 2012
A Bill for
An Act to amend the Tattoo Parlours Act 2012 to make further provision with respect
to the licensing and regulation of body art tattooing businesses and body art
tattooists.
Clause 1 Tattoo Parlours Amendment Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Tattoo Parlours Amendment Act 2012. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Tattoo Parlours Amendment Bill 2012
Amendment of Tattoo Parlours Act 2012 No 32 Schedule 1
Schedule 1 Amendment of Tattoo Parlours Act 2012 1
No 32 2
[1] Section 4 Meaning of "close associate" 3
Insert at the end of section 4 (1) (b): 4
, or 5
(c) is or will be engaged as a contractor or employed in the 6
business of the applicant or licensee that is or will be 7
carried on under the authority of the licence. 8
[2] Section 7 Body art tattooists to be licensed 9
Insert after section 7 (1): 10
(1A) An individual must not perform any body art tattooing procedure 11
(whether or not for fee or reward) at premises in respect of which 12
an operator licence is in force unless authorised to do so by a 13
tattooist licence. 14
Maximum penalty: 15
(a) for a first offence, 50 penalty units, and 16
(b) for a second or subsequent offence, 100 penalty units. 17
(1B) An individual is not liable to be convicted of an offence under 18
both subsections (1) and (1A) in respect of essentially the same 19
act or omission. 20
[3] Section 7 (2) 21
Omit "Subsection (1) does". 22
Insert instead "Subsections (1) and (1A) do". 23
[4] Section 11 Licence applications 24
Insert after section 11 (5) (b): 25
(b1) in addition to the statement required under section 12, be 26
accompanied by copies of 3 forms of personal 27
identification of an approved kind for each individual 28
identified as a close associate in that statement, and 29
[5] Section 16 Decision of Director-General in relation to licence application 30
Omit section 16 (7). 31
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Tattoo Parlours Amendment Bill 2012
Schedule 1 Amendment of Tattoo Parlours Act 2012 No 32
[6] Section 17 Duration of licence 1
Omit section 17 (1). Insert instead: 2
(1) A licence comes into force on the date specified in the licence. 3
[7] Section 17 (5) 4
Omit the subsection. 5
[8] Section 19A 6
Insert after section 19: 7
19A Commissioner may require further information 8
(1) For the purpose of an investigation by the Commissioner as to 9
whether a licensee continues to be a fit and proper person to hold 10
a licence, or whether it would be contrary to the public interest for 11
the licensee to continue to hold a licence, the Commissioner may, 12
by written notice served on the person concerned, require a 13
licensee, or a close associate of a licensee, to do one or more of 14
the following things: 15
(a) provide, in accordance with directions in the notice, such 16
information as, in the opinion of the Commissioner, is 17
relevant to the investigation specified in the notice, 18
(b) produce, in accordance with directions in the notice, such 19
records as, in the opinion of the Commissioner, are 20
relevant to the investigation and permit examination of the 21
records, the taking of extracts from them and the making 22
of copies of them, 23
(c) authorise a person described in the notice to comply with a 24
requirement of the kind referred to in paragraph (a) or (b), 25
(d) furnish to the Commissioner such authorisations and 26
consents as the Commissioner requires for the purpose of 27
enabling the Commissioner to obtain information 28
(including financial and other confidential information) 29
relevant to the investigation from other persons concerning 30
the licensee and close associates of the licensee. 31
(2) A person who complies with a requirement of a notice under this 32
section does not on that account incur a liability to another 33
person. 34
Page 4
Tattoo Parlours Amendment Bill 2012
Amendment of Tattoo Parlours Act 2012 No 32 Schedule 1
[9] Section 22A 1
Insert after section 22: 2
22A Operator not to permit procedures by unlicensed body art 3
tattooists on licensed premises 4
It is a condition of an operator licence that the licensee must not 5
permit an individual to perform any body art tattooing procedure 6
at the licensed premises unless the individual is the holder of a 7
tattooist licence. 8
[10] Section 24 Display of licence information 9
Omit section 24 (a). Insert instead: 10
(a) such document or information as may be prescribed by the 11
regulations is conspicuously displayed at the licensed 12
premises, and 13
[11] Section 26 Cancellation of licence 14
Omit section 26 (1). Insert instead: 15
(1) The Director-General must cancel a licence if: 16
(a) the applicant does not, within 60 days of being notified of 17
the grant of the licence, collect the licence from the place 18
nominated by the Director-General, or 19
(b) an adverse security determination is made by the 20
Commissioner about the licensee. 21
Note. Section 27 of the Crimes (Criminal Organisations Control) 22
Act 2012 provides for the automatic revocation of a licence if an interim 23
control order made with respect to a licensee is confirmed under that Act. 24
[12] Section 27 Right to seek review from Administrative Decisions Tribunal 25
Omit "section 17 (5)" from section 27 (1) (a). 26
Insert instead "section 26 (1) (a)". 27
[13] Section 27 (4) (a) 28
Insert "information identified in the Commissioner's determination as being 29
from a" after "any". 30
[14] Section 27 (4A) and (4B) 31
Insert after section 27 (4): 32
(4A) If the Tribunal considers that information identified in the 33
Commissioner's determination as being from a criminal 34
intelligence report or other criminal information referred to in 35
Page 5
Tattoo Parlours Amendment Bill 2012
Schedule 1 Amendment of Tattoo Parlours Act 2012 No 32
section 19 (3) has not been properly identified as such, the 1
Tribunal must ask the Commissioner whether the Commissioner 2
wishes to withdraw the information from consideration by the 3
Tribunal in its determination of an application. 4
(4B) Information that is withdrawn by the Commissioner must not be: 5
(a) disclosed to any person, or 6
(b) taken into consideration by the Tribunal in determining an 7
application. 8
[15] Part 4, Division 2, heading 9
Omit the heading. Insert instead: 10
Division 2 Powers of entry 11
[16] Sections 30A-30C 12
Insert before section 31: 13
30A Powers of authorised officers to enter premises without warrant 14
(1) An authorised officer may at any reasonable time enter any 15
licensed premises, or any other premises that the authorised 16
officer reasonably suspects are being used to perform body art 17
tattooing procedures for fee or reward, for the following 18
purposes: 19
(a) for determining whether there has been compliance with, 20
or a contravention of, this Act or the regulations, 21
(b) generally for administering this Act. 22
(2) This section does not confer a power to enter any premises or part 23
of premises that are used only for residential purposes without the 24
permission of the occupier or the authority of a search warrant. 25
30B Powers of authorised officers to enter premises with warrant 26
(1) An authorised officer may apply to an authorised warrants officer 27
for the issue of a search warrant if the authorised officer believes 28
on reasonable grounds that any provision of this Act or the 29
regulations is being or has been contravened on any premises. 30
(2) An authorised warrants officer to whom any such application is 31
made may, if satisfied that there are reasonable grounds for doing 32
so, issue a search warrant authorising any authorised officer to 33
enter and search the premises. 34
Page 6
Tattoo Parlours Amendment Bill 2012
Amendment of Tattoo Parlours Act 2012 No 32 Schedule 1
(3) An authorised officer executing a search warrant issued under 1
this section may: 2
(a) enter the premises specified in the warrant, and 3
(b) search the premises for evidence of a contravention of this 4
Act or the regulations, and 5
(c) exercise any other function of an authorised officer under 6
this Part. 7
(4) Division 4 of Part 5 of the Law Enforcement (Powers and 8
Responsibilities) Act 2002 applies to a search warrant issued 9
under this section. 10
(5) In this section: 11
authorised warrants officer means an authorised officer within 12
the meaning of the Law Enforcement (Powers and 13
Responsibilities) Act 2002. 14
30C Powers that can be exercised by authorised officers on entry 15
(1) Without limiting section 32, an authorised officer may, at any 16
premises lawfully entered under this Act for a purpose referred to 17
in section 30A (1), do any or all of the following: 18
(a) examine any licence, registers, books, records or other 19
documents on the premises, 20
(b) make a copy on the premises of any licence, registers, 21
books, records or other documents and retain that copy, 22
(c) require any person to make a copy on the premises of any 23
licence, registers, books, records or other documents and 24
give that copy to the authorised officer to retain, 25
(d) take such photographs, films, audio, video or other 26
recordings as the authorised officer considers necessary, 27
(e) require any person to produce any licence, registers, 28
books, records or other documents on the premises, 29
(f) require any person to answer any question relating to any 30
licence, registers, books, records or other documents or 31
any other relevant matter, 32
(g) take any licence, registers, books, records or other 33
documents from the premises for the purposes of copying 34
them, 35
(h) seize any licence, registers, books, records or other 36
documents, or any other thing that the authorised officer 37
believes on reasonable grounds is connected with an 38
offence against this Act or the regulations. 39
Page 7
Tattoo Parlours Amendment Bill 2012
Schedule 1 Amendment of Tattoo Parlours Act 2012 No 32
(2) The power to seize anything connected with an offence includes 1
a power to seize anything that will provide evidence of the 2
commission of an offence. 3
(3) Any registers, books, records or other documents taken only for 4
the purpose of copying them must be returned when that copying 5
is completed. 6
[17] Part 4, Division 3, heading 7
Insert before section 32: 8
Division 3 Other enforcement provisions 9
[18] Section 33 10
Omit the section. Insert instead: 11
33 Hindering or obstruction of authorised officer 12
A person must not, without reasonable excuse: 13
(a) obstruct, hinder or interfere with an authorised officer in 14
the exercise of a function under this Act, or 15
(b) fail to comply with any requirement made of the person by 16
an authorised officer in the exercise of a function under 17
this Act. 18
Maximum penalty: 20 penalty units. 19
[19] Section 41 Regulations 20
Omit section 41 (2) (c). Insert instead: 21
(c) without limiting paragraph (f), the application of, or 22
exemption from, licensing requirements in connection 23
with body art tattooing shows or exhibitions and the short 24
term approval of the performing of body art tattooing 25
procedures (including the issue of permits for those 26
purposes), 27
[20] Section 41 (2) (e) 28
Insert "refund," after "waiver,". 29
[21] Section 41 (2) (g) 30
Insert after section 41 (2) (f): 31
(g) the making, keeping and inspection of records in 32
connection with the carrying on of body art tattooing 33
businesses. 34
Page 8
Tattoo Parlours Amendment Bill 2012
Amendment of Tattoo Parlours Act 2012 No 32 Schedule 1
[22] Schedule 1 Savings, transitional and other provisions 1
Insert after clause 3: 2
Part 3 Provisions consequent on enactment of 3
Tattoo Parlours Amendment Act 2012 4
4 Existing applications and licences 5
(1) Amendments to sections 16 and 17 by the Tattoo Parlours 6
Amendment Act 2012 apply in respect of all licences, whether or 7
not granted before the commencement of that Act. 8
(2) Amendments to sections 4, 11 and 27 by the Tattoo Parlours 9
Amendment Act 2012 extend to an application for a licence that 10
was lodged, but not finally determined, before the 11
commencement of that Act. 12
5 Right to review where licence not granted within 60 days 13
For the purposes of section 27 (2), an application for a licence 14
lodged before the day that is 6 months after the commencement 15
of the Tattoo Parlours Amendment Act 2012 is taken to have been 16
lodged on that day. 17
Page 9
Tattoo Parlours Amendment Bill 2012
Schedule 2 Amendment of Law Enforcement (Powers and Responsibilities) Act 2002
No 103
Schedule 2 Amendment of Law Enforcement 1
(Powers and Responsibilities) Act 2002 2
No 103 3
Schedule 2 Search warrants under other Acts 4
Insert in alphabetical order: 5
Tattoo Parlours Act 2012, section 30B 6
Page 10
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