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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Tattoo Parlours Amendment Bill 2017
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Tattoo Parlours Act 2012 No 32 3
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2017
New South Wales
Tattoo Parlours Amendment Bill 2017
Act No , 2017
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; and for other
purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Tattoo Parlours Amendment Bill 2017 [NSW]
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Tattoo Parlours Amendment Act 2017.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
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Tattoo Parlours Amendment Bill 2017 [NSW]
Schedule 1 Amendment of Tattoo Parlours Act 2012 No 32
Schedule 1 Amendment of Tattoo Parlours Act 2012 No 32
[1] Section 3 Definitions
Omit the definition of adverse security determination from section 3 (1). Insert instead:
adverse security determination made by the Commissioner means:
(a) in relation to an applicant for a licence--a determination of the
Commissioner that is reported to the Secretary under this Act on any
one or more of the following:
(i) that the applicant is not a fit and proper person to be granted a
licence,
(ii) that a close associate of the applicant is not a fit and proper
person,
(iii) that it would be contrary to the public interest for the applicant to
be granted a licence, or
(b) in relation to a licensee--a determination of the Commissioner that is
reported to the Secretary under this Act on any one or more of the
following:
(i) that the licensee is not a fit and proper person to continue to hold
the licence or to have the licence renewed,
(ii) that a close associate of the licensee is not a fit and proper person,
(iii) that it would be contrary to the public interest for the licensee to
continue to hold the licence or to have the licence renewed.
[2] Section 12 Statement as to close associates of applicant for operator licence
Insert "or for the renewal of an operator licence" after "operator licence" in section 12 (1).
[3] Section 13A
Insert after section 13:
13A Renewal of licence
(1) An application for the renewal of a licence may be made to the Secretary by
the licensee.
(2) The application must:
(a) be in the approved form and manner, and
(b) be accompanied by the fee prescribed by the regulations, and
(c) in addition to the statement required under section 12, be accompanied
by copies of 3 forms of personal identification of an approved kind for
each individual identified as a close associate in that statement and who
was not identified as such in the statement that accompanied the
previous licence or renewal application made by the licensee.
Note. See sections 14-17 in relation to the grant, conditions and duration of renewed
licences.
(3) If an application for the renewal of a licence is received by the Secretary on or
before the date on which the licence is due to expire, the licence is, unless it is
suspended for the time being under this or any other Act, taken to continue in
force until the application is determined by the Secretary.
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Tattoo Parlours Amendment Bill 2017 [NSW]
Schedule 1 Amendment of Tattoo Parlours Act 2012 No 32
(4) Division 3 applies to an application for renewal of a licence in the same way
as it applies to an application for a licence.
Note. The Commissioner is required to make a security determination under Division 3
in relation to an application for the renewal of a licence that is referred to the
Commissioner only if the application includes changes relating to the close associates
of the licensee or the licensed premises--see section 14 (2).
(5) A licence may be renewed on more than one occasion.
(6) Section 12 of the Criminal Records Act 1991 does not apply in relation to an
application for the renewal of a licence.
[4] Sections 14 and 27 (3)
Insert "or for the renewal of a licence" after "an application for a licence" wherever
occurring.
[5] Section 14 Investigations, inquiries and referrals in relation to licence applications
Omit "either or both" from section 14 (b). Insert instead "any one or more".
[6] Section 14 (b) (i)
Omit "to be granted the licence".
[7] Section 14 (b) (ia)
Insert after section 14 (b) (i):
(ia) whether a close associate of the applicant is a fit and proper
person,
[8] Sections 14 (b) (ii) and 27 (2)
Insert "or renewed" after "granted" wherever occurring.
[9] Section 14 (2)
Insert at the end of section 14:
(2) However, an application for the renewal of a licence is required to be referred
to the Commissioner only if the application includes any changes relating to:
(a) the close associates of the licensee, or
(b) the licensed premises at which the licensee carries on a body art
tattooing business.
[10] Section 15 Secretary or Commissioner may require further information
Insert "or for the renewal of a licence" after "an applicant for a licence" in section 15 (1).
[11] Section 16 Decision of Secretary in relation to licence applications
Insert "or for the renewal of a licence" after "application for a licence" wherever occurring
in section 16 (1) and (2).
[12] Sections 16 (1), (3) and (4) and 27 (4)
Insert "or renew" after "grant" wherever occurring.
[13] Section 16 (3) (a)
Insert "or for the renewal of the licence" after "application for the licence".
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Tattoo Parlours Amendment Bill 2017 [NSW]
Schedule 1 Amendment of Tattoo Parlours Act 2012 No 32
[14] Section 16 (4)
Insert "or the licensed premises" after "proposed licensed premises" wherever occurring.
[15] Section 16 (4) (b)
Omit "has not been granted". Insert instead "is not in force".
[16] Section 16 (5)
Insert "or renewal" after "granting".
[17] Section 17
Omit the section. Insert instead:
17 Duration of licence
(1) A licence (other than a renewed licence) comes into force on the date specified
in the licence.
(2) A renewed licence comes into force on the date following the expiry date of
the licence it renews.
(3) A licence remains in force for a period of 3 years from the date on which it
comes into force unless it is sooner cancelled or surrendered or otherwise
ceases to be in force.
Note. A licence may also cease to be in force by operation of section 27 of the Crimes
(Criminal Organisations Control) Act 2012.
(4) A licence suspended under this or any other Act is taken not to be in force for
the purposes of this Act during the period of the suspension. However, the
suspension of a licence does not affect the term of the licence.
[18] Section 19 Commissioner to make security determinations about applicants and
licensees
Omit "either or both" wherever occurring in section 19 (1) and (2).
Insert instead "any one or more".
[19] Section 19 (1) (a1)
Insert after section 19 (1) (a):
(a1) whether a close associate of the applicant is a fit and proper person,
[20] Section 19 (2) (a1)
Insert after section 19 (2) (a):
(a1) whether a close associate of the licensee continues to be a fit and proper
person,
[21] Section 19 (4)
Insert after section 19 (3):
(4) For the purpose of making a determination on a matter referred to in
subsection (1) or (2) and without limiting subsection (3), the Commissioner
may consider the following:
(a) information relating to spent convictions, despite anything to the
contrary in the Criminal Records Act 1991,
(b) information relating to criminal charges, whether or not heard, proven,
dismissed, withdrawn or discharged,
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Tattoo Parlours Amendment Bill 2017 [NSW]
Schedule 1 Amendment of Tattoo Parlours Act 2012 No 32
(c) information relating to offences, despite anything to the contrary in
section 579 of the Crimes Act 1900.
[22] Section 19A Commissioner may require further information
Omit "as to whether a licensee continues to be a fit and proper person to hold a licence, or
whether it would be contrary to the public interest for the licensee to continue to hold a
licence, the Commissioner may, by written notice served on the person concerned, require
a licensee, or a close associate of a licensee," from section 19A (1).
Insert instead "in relation to any of the matters referred to in section 19 (2), the
Commissioner may, by notice in writing served on the licensee or close associate
concerned, require the licensee or close associate".
[23] Section 20 Disclosure of criminal intelligence information
Omit "under section 19" from section 20 (1).
Insert instead "or taking other action under this Act (including in making a report to the
Secretary under section 19)".
[24] Section 20 (1)
Omit "as referred to in section 19 (3)".
[25] Section 20 (2)
Omit "as referred to in section 19 (3)". Insert instead "provided by the Commissioner".
[26] Part 3, Division 4, heading
Omit "Special conditions relating to operator licences".
Insert instead "Miscellaneous licence conditions".
[27] Section 22 Change of licence particulars
Omit "an operator licence" from section 22 (1). Insert instead "a licence".
[28] Section 22 (1)
Omit "in respect of a licence". Insert instead "in respect of the licence".
[29] Section 22 (1)
Insert ", in the case of an operator licence," after "licensee and".
[30] Section 22 (1A)
Insert after section 22 (1):
(1A) The notice of a change in the particulars relating to the close associates of the
holder of an operator licence must be accompanied by copies of 3 forms of
personal identification of an approved kind for each individual identified as a
close associate in that notice.
[31] Section 26 Cancellation of licence
Omit section 26 (1) (a). Insert instead:
(a) the licensee or a close associate of the licensee has failed to comply with
a requirement of a notice under section 19A and the Secretary has been
notified by the Commissioner of that failure, or
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Tattoo Parlours Amendment Bill 2017 [NSW]
Schedule 1 Amendment of Tattoo Parlours Act 2012 No 32
[32] Section 26 (2) (a1)
Insert after section 26 (2) (a):
(a1) if, within 60 days of being notified of the grant or renewal of the licence,
the licensee fails to collect the licence from the place nominated by the
Secretary, or
[33] Section 26 (3)
Insert "or on the ground referred to in subsection (2) (a1)" after "about the licensee".
[34] Section 27 Right to seek administrative review from Civil and Administrative Tribunal
Omit "(other than by operation of section 26 (1) (a))" from section 27 (1) (a).
[35] Section 27 (1) (a1)
Insert after section 27 (1) (a):
(a1) the refusal or failure by the Secretary to renew a licence granted to the
person,
[36] Section 27 (1) (c)
Insert "(other than on the ground referred to in section 26 (2) (a1))" after "cancellation".
[37] Section 27 (2)
Insert "or renewal" after "the grant".
[38] Section 27 (3) and (4)
Insert "or a close associate of the applicant" after "about the applicant for the administrative
review" wherever occurring.
[39] Section 27 (4) (a)
Omit the paragraph. Insert instead:
(a) is to ensure that it does not, in the reasons for its decision or otherwise,
disclose the existence or content of any criminal intelligence report or
other criminal information without the approval of the Commissioner,
and
[40] Section 27 (4) (note)
Omit "referred to in section 19 (3)".
[41] Section 27 (4A)
Omit "identified in the Commissioner's determination as being from a criminal intelligence
report or other criminal information referred to in section 19 (3)".
Insert instead "contained in a criminal intelligence report or other criminal information".
[42] Section 30C Powers that may be exercised by authorised officers on entry
Insert after section 30C (1) (c):
(c1) make such examinations and inquiries as the authorised officer
considers necessary,
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Tattoo Parlours Amendment Bill 2017 [NSW]
Schedule 1 Amendment of Tattoo Parlours Act 2012 No 32
[43] Section 33A
Insert after section 33:
33A Provisions relating to requirements to furnish records or information or
answer questions
(1) Warning to be given on each occasion
A person is not guilty of an offence of failing to comply with a requirement
under section 19A or 30C to furnish records or information or to answer a
question unless the person was warned on that occasion that a failure to
comply is an offence.
(2) Self-incrimination not an excuse
A person is not excused from a requirement under section 19A or 30C to
furnish records or information or to answer a question on the ground that the
record, information or answer might incriminate the person or make the person
liable to a penalty.
(3) Information or answer not admissible if objection made
However, any information furnished or answer given by a natural person in
compliance with a requirement under section 19A or 30C is not admissible in
evidence against the person in criminal proceedings (except proceedings for
an offence under section 33) if:
(a) the person objected at the time to doing so on the ground that it might
incriminate the person, or
(b) the person was not warned on that occasion that the person may object
to furnishing the information or giving the answer on the ground that it
might incriminate the person.
(4) Records admissible
Any record furnished by a person in compliance with a requirement under
section 19A or 30C is not inadmissible in evidence against the person in
criminal proceedings on the ground that the record might incriminate the
person.
(5) Further information
Further information obtained as a result of a record or information furnished
or of an answer given in compliance with a requirement under section 19A
or 30C is not inadmissible on the ground:
(a) that the record or information had to be furnished or the answer had to
be given, or
(b) that the record or information furnished or answer given might
incriminate the person.
[44] Section 35
Omit the section. Insert instead:
35 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
authorised officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
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Schedule 1 Amendment of Tattoo Parlours Act 2012 No 32
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations.
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
[45] Section 39
Omit the section. Insert instead:
39 Service of documents
(1) A document that is authorised or required by this Act or the regulations to be
served on any person may be served by any of the following methods:
(a) in the case of an individual--by personal delivery to the person,
(b) by post to the address specified by the person for the service of
documents of that kind,
(c) in the case of an individual who has not specified such an address--by
post to the residential or business address of the person last known to
the person serving the document,
(d) in the case of a corporation--by post to the registered office or any other
office of the corporation or by leaving it at any such office with a person
apparently over the age of 16 years,
(e) by email to an email address specified by the person for the service of
documents of that kind,
(f) by any other method authorised by the regulations for the service of
documents of that kind.
(2) Nothing in this section affects the operation of any provision of a law or of the
rules of a court authorising a document to be served on a person by any other
method.
(3) In this section, serve includes give or send.
[46] Schedule 1 Savings, transitional and other provisions
Insert after Part 3:
Part 4 Provisions consequent on enactment of Tattoo
Parlours Amendment Act 2017
6 Pending applications for licence renewals
(1) This clause applies in relation to an application (a pending application) that
was made, but not finally determined, before the commencement of the Tattoo
Parlours Amendment Act 2017 by the holder of a licence (the existing licence)
for a new licence to replace the existing licence that is due to expire.
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Schedule 1 Amendment of Tattoo Parlours Act 2012 No 32
(2) A pending application is taken to be an application made under section 13A
for the renewal of the existing licence.
(3) Section 14, as amended by the Tattoo Parlours Amendment Act 2017, extends
to a pending application.
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