TATTOO PARLOURS ACT 2012 - SECT 11 Licence applications

TATTOO PARLOURS ACT 2012 - SECT 11

11 Licence applications

(1) An application for a licence is to be made to the Secretary.

(2) An application for a licence may only be made by an individual.

Note : See Part 5A of the Crimes Act 1900 for offences with respect to the making of false and misleading applications, information and documentation.

(3) An application for an operator licence in connection with a body art tattooing business that is owned or operated by or on behalf of a corporation, partnership or trust must be made by an individual nominated by the corporation, partners or trustees to be the premises manager for the purposes of carrying on that business at the premises for which the licence is sought.

(4) An application for a licence may not be made by--

(a) an individual who is under the age of 18 years, or

(b) an individual who is not an Australian citizen or Australian resident, or

(c) an individual who is a controlled member of a declared organisation.

Note : Controlled members are prohibited from applying for licences--see section 27 of the Crimes (Criminal Organisations Control) Act 2012 .

(5) An application for a licence must--

(a) be in the approved form and manner, and

(b) state the full name and residential address of the applicant, and

(b1) 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

(c) in the case of an operator licence--

(i) specify the address of the proposed licensed premises, and

(ii) specify the names and residential addresses of each staff member employed (or, if no staff members are currently employed, proposed to be employed) to work at the proposed licensed premises, and

(iii) if the business to which the application relates is owned or operated by or on behalf of a corporation, partnership or trust--be accompanied by evidence in the approved form and manner that the applicant has been nominated by the corporation, partners or trustees to be the premises manager, and

(d) in the case of a tattooist licence--be accompanied by evidence in the approved form and manner concerning previous, existing or impending employment as a body art tattooist (including employment as an apprentice), and

(e) be accompanied by the fee prescribed by the regulations and such other information and particulars as may be prescribed by the regulations, and

(f) comply with such other requirements as may be prescribed by the regulations.

Note : See also section 12 for the requirement to provide a statement as to close associates of an applicant for an operator licence.

(6) If, before an application for a licence is determined by the Secretary, a change occurs in the information provided in, or in connection with, the application (including any information provided in accordance with this subsection), the applicant must within 7 business days of the change give written notice to the Secretary of the particulars of the change.

Maximum penalty (subsection (6)): 20 penalty units.

(7) Section 12 of the Criminal Records Act 1991 does not apply in relation to an application for a licence.