Queensland Consolidated Acts

PUBLIC HEALTH (INFECTION CONTROL FOR PERSONAL APPEARANCE SERVICES) ACT 2003

- As at 1 February 2024 
- Act 81 of 2003 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   2.      Commencement

           Division 2 - Application and purpose of Act

   3.      Application of Act
   4.      Act binds all persons
   5.      Contravention of this Act does not create civil cause of action
   6.      Act does not affect other rights or remedies
   7.      Purpose of Act
   8.      How purpose is to be achieved

           Division 3 - Administration and enforcement

   9.      Local government to administer Act

           Division 4 - Interpretation

   10.     Definitions
   11.     Meaning of beauty therapy
   12.     Meaning of body piercing
   13.     Meaning of hairdressing
   14.     Meaning of higher risk personal appearance service
   15.     Meaning of non-higher risk personal appearance service
   16.     Meaning of personal appearance service
   17.     Meaning of skin penetration
   18.     Meaning of tattooing

   PART 2 - OBLIGATIONS RELATING TO PERSONAL APPEARANCE SERVICES

           Division 1 - Obligations to minimise infection risks for personal appearance services

   19.     Obligation of business proprietor and operator
   20.     How an obligation to minimise an infection risk may be discharged if there is a regulation or infection control guideline
   21.     How an obligation to minimise an infection risk may be discharged if there is no regulation or infection control guideline

           Division 2 - Further obligations for higher risk personal appearance services

   22.     Licence required for business providing higher risk personal appearance services
   23.     Premises at which higher risk personal appearance services may be provided
   24.     Particular person must hold infection control qualification
   25.     Business proprietor must ensure particular operator holds an infection control qualification

           Division 3 - Obligations for non-higher risk personal appearance services

   26.     Business proprietor must notify commencement of business

           Division 4 - Defences

   27.     Defences for div 1

   PART 3 - INFECTION CONTROL GUIDELINES

   28.     Minister may make infection control guidelines
   29.     Use of infection control guideline in a proceeding

   PART 4 - LICENCES TO CARRY ON BUSINESS PROVIDING HIGHER RISK PERSONAL APPEARANCE SERVICES

           Division 1 - Applications for and issue of licences

   30.     Application for licence
   31.     Single licence may cover 2 or more premises
   32.     What the application must state
   33.     Consideration of application for licence
   34.     Criteria for granting application for licence
   35.     Suitability of person to hold licence
   36.     Suitability of premises at which higher risk personal appearance services are to be provided
   37.     Inquiries into application for licence
   38.     Decision on application for licence
   39.     Failure to decide application for licence
   40.     Term of licence
   41.     Conditions of licence
   42.     Licensee must comply with licence conditions
   43.     Form of licence

           Division 2 - Renewal of licences

   44.     Applications for renewal of licence
   45.     Inquiries into application for renewal of licence
   46.     Licence taken to be in force while application for renewal is considered

           Division 2A - Restoration of licences

   46A.    Applications for restoration of licence
   46B.    Inquiries into application for restoration of licence
   46C.    Expired licence taken to be in force while application for restoration is considered

           Division 3 - Amendment of licences

   47.     Application for amendment of licence
   48.     Inquiries into application for amendment

           Division 4 - Transfer of licences

   49.     Application for transfer of licence
   50.     Inquiries into application for transfer of licence

           Division 5 - Suspension or cancellation of licences

   51.     Grounds for suspension or cancellation
   52.     Show cause notice
   53.     Representations about show cause notices
   54.     Ending show cause process without further action
   55.     Suspension or cancellation
   56.     Immediate suspension of licence
   57.     Return of cancelled or suspended licence to local government

           Division 6 - Other provisions about licences

   58.     Applications
   59.     Licence issued to more than 1 person
   60.     Surrender of licence
   61.     Application for replacement of licence
   62.     Decision about application for replacement of licence
   63.     False or misleading statements
   64.     False or misleading documents

   PART 5 - MOBILE HIGHER RISK PERSONAL APPEARANCE SERVICES

   65.     Notification of intention to provide services from mobile premises
   66.     Obligations of licensee while in second local government area
   67.     Action that may be taken by second local government
   68.     Notification to first local government
   69.     Action that may be taken by first local government

   PART 6 - INVESTIGATION AND ENFORCEMENT

           Division 1 - Authorised persons

   70.     Appointment and qualifications
   71.     Powers of authorised person limited to local government area
   72.     Appointment conditions and limit on powers
   73.     Functions of authorised persons
   74.     Issue of identity cards
   75.     Production or display of identity card
   76.     When authorised person ceases to hold office
   77.     Resignation
   78.     Return of identity card

           Division 2 - Powers of authorised persons

              Subdivision 1 - Entry of places

   79.     Power to enter places

              Subdivision 2 - Procedure for entry

   80.     Entry with consent
   81.     Application for warrant
   82.     Issue of warrant
   83.     Special warrants
   84.     Warrants—procedure before entry
   85.     Stopping motor vehicle

              Subdivision 3 - Powers after entry

   86.     General powers after entering places
   87.     Failure to help authorised person
   88.     Failure to give information

              Subdivision 4 - Power to seize evidence

   89.     Seizing evidence at a place that may be entered without consent or warrant
   90.     Seizing evidence at a place that may only be entered with consent or warrant
   91.     Securing seized things
   92.     Tampering with seized things
   93.     Powers to support seizure
   94.     Authorised person may require thing’s return
   95.     Receipts for seized things
   96.     Forfeiture of seized things
   97.     Return of seized things
   98.     Access to seized things

              Subdivision 5 - Power to obtain information

   99.     Power to require name and address
   100.    Failure to give name or address
   101.    Power to require production of documents
   102.    Failure to produce document
   103.    Failure to certify copy of document
   104.    Power to require information

           Division 3 - Monitoring compliance

   105.    Inspections to monitor compliance
   106.    Inspection fees for businesses providing higher risk personal appearance services
   107.    Inspection fees if non-higher risk personal appearance services provided only at proprietor’s fixed premises
   108.    Inspection fees if non-higher risk personal appearance services provided only at places of business other than proprietor’s fixed premises
   109.    Inspection fees if non-higher risk personal appearance services provided both at proprietor’s fixed premises and at places of business other than the proprietor’s fixed premises
   110.    Inspection fee after remedial notice
   111.    Remedial notice
   112.    Person may be prohibited from providing personal appearance service

           Division 4 - General enforcement matters

   113.    Notice of damage
   114.    Compensation
   115.    False or misleading statements
   116.    False or misleading documents
   117.    Obstructing an authorised person
   118.    Impersonating authorised person

   PART 7 - REVIEWS

           Division 1 - Internal review of decisions

   119.    Review process starts with internal review
   120.    Application for review to be made to the local government
   121.    Applying for review
   122.    Review decision
   123.    Stay of operation of original decision

           Division 2 - External review of decisions

   124.    Who may apply for external review
   125.    (Repealed)
   126.    (Repealed)
   127.    (Repealed)
   128.    (Repealed)
   129.    (Repealed)
   130.    (Repealed)

   PART 8 - LEGAL PROCEEDINGS

           Division 1 - Application

   131.    Application of part

           Division 2 - Evidence

   132.    Appointments and authority
   133.    Signatures
   134.    Evidentiary provisions

           Division 3 - Proceedings

   135.    Summary offences
   136.    Allegations of false or misleading information or document
   137.    Recovery of costs of investigation
   138.    Application for order for payment of costs under s 137
   139.    Forfeiture on conviction
   140.    Dealing with forfeited thing
   141.    Responsibility for acts or omissions of representative
   142.    Liability of executive officer—particular offences committed by corporation
   143.    Fines payable to local government

   PART 9 - MISCELLANEOUS

   144.    Service of documents
   145.    Protecting officials from liability
   146.    Delegation by chief executive
   147.    Approval of forms
   148.    Regulation-making power

   PART 10 - TRANSITIONAL

           Division 1 - Transitional provisions for Act No. 81 of 2003

   149.    Definitions for pt 10
   150.    Pending applications for licences under pt 5 of the former regulation
   151.    Lapsing of licence held under pt 5 of former regulation
   152.    Action to cancel or suspend a licence under pt 5 of former regulation
   153.    Pending application for registration of an establishment under pt 15 of the former regulation
   154.    Pending application for renewal of registration of an establishment under pt15 of the former regulation
   155.    When single licence may be issued for applications under pt 15 of the former regulation
   156.    Effect of registration of an establishment providing higher risk personal appearance services under pt 15 of the former regulation
   157.    Application of this Act to a continued licence
   158.    Lapsing of registration of establishment registered under pt 15 of the former regulation
   159.    Application of Act to certain licences relating to establishments previously registered
   160.    Offences

           Division 2 - Transitional provisions for Health and Other Legislation Amendment Act 2022

   161.    Continuing application of former pt 4, div 2
   162.    Application of pt 4, div 2A
           SCHEDULE 2