2010 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Ms Amanda Bresnan) Radiation Protection (Tanning Units) Amendment Bill 2010 Contents Page 1 Name of Act 2 2 Commencement 2 3 Legislation amended 2 4 New part 5A 2 5 Reviewable decisions Schedule 1, new items 10 to 13 9 6 New schedule 2 10 7 Dictionary, note 2 18 8 Dictionary, new definitions 18 J2010-46 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 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: J2010-46 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 1 Name of Act 2 This Act is the Radiation Protection (Tanning Units) Amendment 3 Act 2010. 4 2 Commencement 5 This Act commences on a day fixed by the Minister by written 6 notice. 7 Note 1 The naming and commencement provisions automatically commence on 8 the notification day (see Legislation Act, s 75 (1)). 9 Note 2 A single day or time may be fixed, or different days or times may be 10 fixed, for the commencement of different provisions (see Legislation 11 Act, s 77 (1)). 12 Note 3 If a provision has not commenced within 6 months beginning on the 13 notification day, it automatically commences on the first day after that 14 period (see Legislation Act, s 79). 15 3 Legislation amended 16 This Act amends the Radiation Protection Act 2006. 17 4 New part 5A 18 insert 19 Part 5A Regulation of tanning units 20 87A Definitions--pt 5A 21 In this part: 22 solaria business means a business carried on by a person for fee or 23 reward that uses 1 or more tanning units to provide a service of 24 tanning human skin for cosmetic purposes. page 2 Radiation Protection (Tanning Units) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 tanning unit means an electrically powered apparatus intended to 2 produce tanning of human skin by exposing the skin to ultraviolet 3 radiation emitted by the apparatus. 4 tanning unit licence means a licence issued under section 87D. 5 tanning unit licensee means a person who holds a tanning unit 6 licence. 7 ultraviolet radiation means radiation for which the wavelengths are 8 within the range of 100 to 400 nanometres. 9 87B Tanning unit licence--requirement 10 A person must not carry on a solaria business unless the person has 11 a tanning unit licence. 12 Maximum penalty: 50 penalty units. 13 87C Tanning unit licence--application 14 (1) A person may apply to the chief executive for a tanning unit licence. 15 Note 1 If a form is approved under s 121 for this provision, the form must be 16 used. 17 Note 2 A fee may be determined under s 120 for this provision. 18 (2) The application must be in writing and include the following 19 information: 20 (a) if the applicant is an individual--the individual's name, postal 21 address, telephone number and email address; 22 (b) if the applicant is a corporation--the name, postal address, 23 telephone number and email address of an officer of the 24 corporation; 25 (c) the address of the premises where the solaria business is to be 26 carried on; 27 (d) the number and kind of tanning units to be used. Radiation Protection (Tanning Units) Amendment Bill 2010 page 3 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (3) The chief executive may, in writing, require the applicant to give the 2 chief executive additional information or documents that the chief 3 executive reasonably needs to decide the application. 4 (4) If the applicant does not comply with a requirement under 5 subsection (2) or (3) the chief executive may refuse to consider the 6 application. 7 87D Tanning unit licence--decision on application 8 (1) On an application by a person for a tanning unit licence, the chief 9 executive must-- 10 (a) issue the licence; or 11 (b) refuse to issue the licence. 12 (2) The chief executive must refuse to issue the tanning unit licence if 13 the chief executive is satisfied on reasonable grounds that it is not in 14 the public interest to issue the licence. 15 87E Tanning unit licence--form 16 A tanning unit licence must-- 17 (a) be in writing; and 18 (b) state the name and address of the person to whom the licence is 19 issued; and 20 (c) identify or describe the tanning units to which the licence 21 applies; and 22 (d) state the period for which the licence is issued; and 23 (e) state any conditions imposed on the licence by the chief 24 executive. page 4 Radiation Protection (Tanning Units) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 87F Tanning unit licence--term 2 A tanning unit licence is issued for the period of up to 3 years stated 3 in the licence. 4 87G Tanning unit licence--conditions 5 A tanning unit licence is subject to-- 6 (a) the conditions set out in schedule 2; and 7 (b) any conditions prescribed by regulation; and 8 (c) any other conditions imposed on the licence by the chief 9 executive. 10 87H Tanning unit licence--failure to comply with licence 11 condition 12 A tanning unit licensee commits an offence if-- 13 (a) the licence is subject to a condition mentioned in 14 section 87G (b) or (c); and 15 (b) the licensee fails to comply with the condition. 16 Maximum penalty: 50 penalty units. 17 Note It is also an offence to fail to comply with a condition set out in sch 2. 18 The penalty for the offence is set out at the foot of the relevant 19 provision in the schedule. 20 87I Tanning unit licence--notifying change in information 21 (1) This section applies if there is a change to any of the following in 22 relation to a tanning unit licence: 23 (a) the name, postal address, telephone number or email address of 24 the licensee; 25 (b) the address of the premises where the solaria business is 26 carried on; Radiation Protection (Tanning Units) Amendment Bill 2010 page 5 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (c) the number or kind of tanning units used. 2 (2) The licensee must, as soon as practicable, but not later than 14 days 3 after the day the change happens, tell the chief executive, in writing, 4 about the change. 5 Maximum penalty: 10 penalty units. 6 (3) An offence against this section is a strict liability offence. 7 87J Tanning unit licence--notifying ceasing business 8 (1) This section applies if a tanning unit licensee stops carrying on a 9 solaria business to which the licence relates. 10 (2) The licensee must, as soon as practicable, but not later than 14 days 11 after the day the change happens-- 12 (a) tell the chief executive, in writing, that the licensee has stopped 13 carrying on the solaria business; and 14 (b) return the tanning unit licence to the chief executive. 15 Maximum penalty: 10 penalty units. 16 (3) An offence against this section is a strict liability offence. 17 87K Tanning unit licence--amendment on chief executive's 18 initiative 19 (1) The chief executive may, at any time and on the chief executive's 20 own initiative, amend a tanning unit licence (including by imposing 21 a condition on, or amending a condition of, the licence). 22 Example--amendment 23 to change the level of radiation exposure from a tanning unit 24 Note An example is part of the Act, is not exhaustive and may extend, but 25 does not limit, the meaning of the provision in which it appears (see 26 Legislation Act, s 126 and s 132). page 6 Radiation Protection (Tanning Units) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (2) However, the chief executive may amend a tanning unit licence only 2 if-- 3 (a) the chief executive has given the licensee written notice of the 4 proposed amendment; and 5 (b) the notice states that written comments on the proposal may be 6 made to the chief executive before the end of a stated period of 7 at least 14 days after the day the notice is given to the licensee; 8 and 9 (c) the chief executive has considered any comments made before 10 the end of the stated period. 11 (3) Subsection (2) does not apply if the tanning unit licensee applied 12 for, or agreed in writing to, the amendment. 13 87L Tanning unit licence--amendment on application 14 (1) A tanning unit licensee may apply to the chief executive to amend 15 the licensee's tanning unit licence (including by removing or 16 amending a condition of the licence). 17 Example--amendment 18 to change the number of tanning units authorised under the licence 19 Note 1 If a form is approved under s 121 for an application, the form must be 20 used. 21 Note 2 A fee may be determined under s 120 for this provision. 22 Note 3 An example is part of the Act, is not exhaustive and may extend, but 23 does not limit, the meaning of the provision in which it appears (see 24 Legislation Act, s 126 and s 132). 25 (2) The chief executive may, in writing, require the licensee to give the 26 chief executive additional information or documents that the chief 27 executive reasonably needs to decide the application. Radiation Protection (Tanning Units) Amendment Bill 2010 page 7 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (3) If the licensee does not comply with a requirement under 2 subsection (2), the chief executive may refuse to consider the 3 application. 4 (4) In deciding whether to amend the tanning unit licence, the chief 5 executive may consider anything the chief executive may consider 6 under section 87D in relation to an application for a licence. 7 (5) On an application by a licensee to amend a tanning unit licence, the 8 chief executive must-- 9 (a) amend the licence in the way applied for; or 10 (b) refuse to amend the licence. 11 87M Tanning unit licensee--grounds for occupational 12 discipline 13 Each of the following is a ground for occupational discipline 14 against a tanning unit licensee: 15 (a) the licensee gave information to the chief executive in relation 16 to the application for, or an application for amendment of, the 17 licensee's licence that was false or misleading in a material 18 particular; 19 (b) the licensee has contravened, or is contravening, this Act, 20 whether or not the licensee has been convicted or found guilty 21 of an offence for the contravention; 22 (c) the licensee has contravened, or is contravening, a territory law 23 (other than this Act) or a law of the Commonwealth, a State or 24 another Territory, whether or not the licensee has been 25 convicted or found guilty of an offence for the contravention. page 8 Radiation Protection (Tanning Units) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 87N Chief executive may apply to ACAT for occupational 2 discipline 3 If the chief executive believes on reasonable grounds that a ground 4 for occupational discipline exists in relation to a tanning unit 5 licensee, the chief executive may apply to the ACAT for an 6 occupational discipline order in relation to the licensee. 7 Note The ACT Civil and Administrative Tribunal Act 2008, s 66 sets out 8 occupational discipline orders the ACAT may make. 9 5 Reviewable decisions 10 Schedule 1, new items 10 to 13 11 insert 10 87D (1) (b) refuse to issue applicant for tanning unit tanning unit licence licence 11 87G (c) impose tanning unit licensee condition on tanning unit licence 12 87K (1) amend tanning tanning unit licensee unit licence 13 87L (5) (b) refuse to tanning unit licensee amend tanning unit licence Radiation Protection (Tanning Units) Amendment Bill 2010 page 9 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 6 New schedule 2 2 insert 3 Schedule 2 Tanning unit licences-- 4 conditions 5 (see s 87G (a)) 6 2.1 Definitions--sch 2 7 In this schedule: 8 AS/NZS 2635 means the Australian and New Zealand Standard 9 AS/NZS 2635:2008 Solaria for cosmetic purposes, as in force from 10 time to time. 11 Note AS/NZS 2635 may be purchased at www.standards.org.au. 12 client, in relation to a tanning unit licensee, means a person 13 attending the licensee's solaria business for a tanning session. 14 Fitzpatrick skin photo type classification system means the system 15 for the classification of skin photo types mentioned in 16 AS/NZS 2635. 17 operator, of a tanning unit, means the person operating or activating 18 the tanning unit. 19 skin photo type, of a person, means the person's skin photo type 20 worked out in accordance with the Fitzpatrick skin photo type 21 classification system. 22 solaria business--see section 87A. page 10 Radiation Protection (Tanning Units) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 tanning session means a period of time during which a client of a 2 tanning unit licensee is exposed to ultraviolet radiation from a 3 tanning unit used by the licensee's solaria business. 4 tanning unit--see section 87A. 5 tanning unit licence--see section 87A. 6 tanning unit licensee--see section 87A. 7 ultraviolet radiation--see section 87A. 8 2.2 Client age and skin type 9 (1) A tanning unit licensee must ensure that a client is not exposed to 10 ultraviolet radiation from a tanning unit unless-- 11 (a) the client is at least 18 years old; and 12 (b) the client's skin photo type-- 13 (i) has been assessed in accordance with the Fitzpatrick skin 14 photo type classification system; and 15 (ii) is not skin photo type I. 16 Maximum penalty: 100 penalty units. 17 (2) The criterion in subsection (1) (b) (i) is satisfied if-- 18 (a) the operator of the tanning unit assesses the client's skin photo 19 type in accordance with the Fitzpatrick photo type 20 classification system; or 21 (b) the client gives the operator a certificate from a doctor 22 (a doctor's skin photo type certificate)-- 23 (i) certifying that the doctor has assessed the person's skin 24 type in accordance with the Fitzpatrick skin photo type 25 classification system; and 26 (ii) stating the results of the doctor's assessment. Radiation Protection (Tanning Units) Amendment Bill 2010 page 11 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 2.3 Client consent 2 (1) A tanning unit licensee must ensure that a client is not exposed to 3 ultraviolet radiation from a tanning unit unless the client has given 4 written consent. 5 Note If a form is approved under s 121 for a consent, the form must be used. 6 Maximum penalty: 100 penalty units. 7 (2) For subsection (1), the licensee must ensure-- 8 (a) that the client is given a reasonable time to read the consent; 9 and 10 (b) has taken reasonable steps to be satisfied that the client 11 understands the information in the consent. 12 2.4 Limits on exposure to radiation 13 (1) A tanning unit licensee must ensure that a client is not exposed to 14 more than 0.9 MED for the client's skin type from the unit during a 15 single tanning session. 16 Maximum penalty: 50 penalty units. 17 (2) In this section: 18 minimum erythemal dose (or MED), for a skin type mentioned in 19 an item in table 2.4, means the amount of ultraviolet radiation 20 mentioned in relation to the skin type. 21 Note An amount mentioned in an item in table 2.4, column 3 is the dose of 22 ultraviolet radiation that may cause a perceptible reddening of the skin 23 for the skin type mentioned in the item. page 12 Radiation Protection (Tanning Units) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 Table 2.4 MED for skin types column 1 column 2 column 3 item skin type MED of ultraviolet radiation 1 skin photo type II 250J/m2 2 skin photo type III 300J/m2 3 skin photo type IV 450J/m2 4 skin photo type V 600J/m2 5 skin photo type VI 1 000J/m2 2 2.5 Frequency of exposure to radiation 3 A tanning unit licensee must ensure that procedures are in place, and 4 are carried out, to prevent a person from being exposed to ultraviolet 5 radiation from a tanning unit more than once in any 48-hour period. 6 Maximum penalty: 50 penalty units. 7 2.6 Protective eye wear 8 (1) A tanning unit licensee must ensure that a client who is exposed to 9 ultraviolet radiation from a tanning unit is wearing protective 10 eyewear. 11 Maximum penalty: 50 penalty units. 12 (2) In this section: 13 protective eyewear means eyewear that complies with the 14 requirements mentioned in AS/NZS 2635 in relation to eyewear. Radiation Protection (Tanning Units) Amendment Bill 2010 page 13 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 2.7 Warning notices 2 A tanning unit licensee must ensure that a warning notice that 3 complies with the requirements stated in AS/NZS 2635, clause 3.6.1 4 is displayed in accordance with that clause. 5 Maximum penalty: 50 penalty units. 6 2.8 Training of tanning unit operators 7 A tanning unit licensee must ensure that a person the licensee 8 employs or engages as an operator of a tanning unit is trained in the 9 following: 10 (a) the safe use and operation of tanning units; 11 (b) the requirements and practical implementation of 12 AS/NZS 2635; 13 (c) the appropriate determination of skin types in accordance with 14 the Fitzpatrick skin photo type classification system; 15 (d) the appropriate determination of exposure times for different 16 skin types from tanning units; 17 (e) the method of screening people for skin conditions or other 18 conditions that would limit exposure from tanning units; 19 (f) the types and wavelengths of ultraviolet radiation emitted by 20 tanning units; 21 (g) the appropriate procedures for sanitising tanning units, using 22 protective eyewear and using other equipment in connection 23 with tanning units. 24 Maximum penalty: 50 penalty units. page 14 Radiation Protection (Tanning Units) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 2.9 Supervising clients 2 A tanning unit licensee must ensure that a client is directly 3 supervised by a tanning unit operator whenever the client is using a 4 tanning unit. 5 Maximum penalty: 50 penalty units. 6 2.10 Tanning units--use by 1 person only 7 A tanning unit licensee must ensure that 1 person only is exposed to 8 ultraviolet radiation from a tanning unit at any one time. 9 Maximum penalty: 25 penalty units. 10 2.11 Tanning units--operating requirements 11 A tanning unit licensee must ensure that-- 12 (a) a tanning unit cannot be operated by a client, other than to 13 suspend or end a tanning session; and 14 (b) if a client is using a tanning unit for a tanning session, there is 15 within reach of the client a means by which the client can 16 suspend or end the tanning session; and 17 (c) the operator of a tanning unit can end a tanning session by 18 remote means; and 19 (d) a timing device is installed on each tanning unit that can be set 20 to automatically switch off the unit when the maximum 21 amount of exposure to ultraviolet radiation for a client using 22 the tanning unit is reached; and 23 (e) ultraviolet screening is provided to confine direct ultraviolet 24 radiation emitted by a tanning unit to the area normally 25 occupied by a client using the tanning unit; and Radiation Protection (Tanning Units) Amendment Bill 2010 page 15 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (f) if a client is exposed to ultraviolet radiation from a tanning unit 2 in a standing position, there is at least 1 mechanism provided to 3 support the client in that position. 4 Maximum penalty: 50 penalty units. 5 2.12 Record keeping 6 (1) A tanning unit licensee must keep the following records and 7 documents at the licensee's solaria business premises: 8 (a) a record of each skin photo type assessment carried out under 9 section 2.2 (2) (a); 10 (b) a copy of each doctor's skin photo type certificate given under 11 section 2.2 (2) (b); 12 (c) a copy of each consent given under section 2.3 (1); 13 (d) a record of the following information for each tanning session 14 conducted at the business: 15 (i) the date of the tanning session; 16 (ii) the name of the client who participated in the tanning 17 session; 18 (iii) the length of the tanning session; 19 (iv) a description of the tanning unit used for the tanning 20 session, including the unit's model or serial number; 21 (e) a record of any maintenance or servicing of a tanning unit; 22 (f) a record of the sale or transfer of a tanning unit operated at the 23 business, including the date when the unit was sold or 24 transferred and the name and address of the person to whom it 25 was sold or transferred; 26 (g) a record of the training given to each person employed or 27 engaged as an operator of a tanning unit at the business. page 16 Radiation Protection (Tanning Units) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (2) The tanning unit licensee must keep the records and documents 2 mentioned in subsection (1) for at least 2 years after the day the 3 record is made or document is obtained. 4 Maximum penalty: 50 penalty units. 5 2.13 Access to licence conditions and standard 6 A tanning unit licensee must-- 7 (a) keep a copy of this schedule and AS/NZS 2635 at the premises 8 of the licensee's solaria business; or 9 (b) ensure that those documents are able to be accessed 10 electronically at the premises. 11 Maximum penalty: 25 penalty units. 12 Example--electronic access 13 by using a computer to access the internet 14 Note An example is part of the Act, is not exhaustive and may extend, but 15 does not limit, the meaning of the provision in which it appears (see 16 Legislation Act, s 126 and s 132). 17 2.14 Advertising claims about tanning units 18 (1) A tanning unit licensee must not represent or claim that using a 19 tanning unit-- 20 (a) will result in a non-cosmetic health benefit; or 21 (b) is safe from risk. 22 (2) A tanning unit licensee must not make a representation or claim that 23 would cause a reasonable person to believe that the licensee's 24 solaria business provides tanning sessions-- 25 (a) to clients at a greater frequency than is permitted under 26 section 2.4 (Limits on exposure to radiation); or Radiation Protection (Tanning Units) Amendment Bill 2010 page 17 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (b) that would expose clients to a greater amount of ultraviolet 2 radiation than permitted under this schedule. 3 Maximum penalty: 50 penalty units. 4 7 Dictionary, note 2 5 insert 6 · occupational discipline order 7 8 Dictionary, new definitions 8 insert 9 AS/NZS 2635, for schedule 2 (Tanning unit licences--conditions)-- 10 see schedule 2, section 2.1. 11 client, for schedule 2 (Tanning unit licences--conditions)--see 12 schedule 2, section 2.1. 13 doctor's skin photo type certificate--see schedule 2, section 2.2 14 (2) (b). 15 Fitzpatrick skin photo type classification system, for schedule 2 16 (Tanning unit licences--conditions)--see schedule 2, section 2.1. 17 ground for occupational discipline--see section 87M. 18 operator, for schedule 2 (Tanning unit licences--conditions)--see 19 schedule 2, section 2.1. 20 skin photo type, for schedule 2 (Tanning unit licences-- 21 conditions)--see schedule 2, section 2.1. 22 solaria business, for part 5A (Regulation of tanning units) and 23 schedule 2 (Tanning unit licences--conditions)--see section 87A. 24 tanning session, for schedule 2 (Tanning unit licences-- 25 conditions)--see schedule 2, section 2.1. 26 tanning unit, for part 5A (Regulation of tanning units) and 27 schedule 2 (Tanning unit licences--conditions)--see section 87A. page 18 Radiation Protection (Tanning Units) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 tanning unit licence, for part 5A (Regulation of tanning units) and 2 schedule 2 (Tanning unit licences--conditions)--see section 87A. 3 tanning unit licensee, for part 5A (Regulation of tanning units) and 4 schedule 2 (Tanning unit licences--conditions)--see section 87A. 5 ultraviolet radiation, for part 5A (Regulation of tanning units) and 6 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 Radiation Protection (Tanning Units) Amendment Bill 2010 page 19 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au