"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,
(c) any other person (or person belonging to
a class of persons) prescribed by the regulations for the purposes of the
provision in which the expression is used or generally.
"body art tattooing business" means a business involving the carrying out of
body art tattooing procedures (whether or not in combination with other
tattooing procedures or with other activities).
"cosmetic tattooing procedure" means any of the following--
(a) a
tattooing procedure performed for the purpose of providing the individual on
whom it is performed with an eyeliner, eyebrows or any other make up effect on
a permanent basis,
(b) a tattooing procedure performed by a medical
practitioner or for a medical reason (for example, to hide, disguise or
correct a medical condition or a post-operative outcome),
(c) any
tattooing procedure performed for any other purpose, or in any other
circumstances, prescribed by the regulations.
"employ" includes engage under a contract for services or as an apprentice.
"function" includes a power, authority or duty, and
"exercise" a function includes perform a duty.
"interim closure order" , in relation to premises, means an order made under
section 28.
(a) the Commissioner for Fair Trading, Department of
Finance, Services and Innovation, or
(b) if there is no person employed as
Commissioner for Fair Trading--the Secretary of the Department of Finance,
Services and Innovation.
"serious criminal offence" means an offence committed in New South Wales that
is punishable by imprisonment for 2 years or more or an offence committed
elsewhere that, if it had been committed in New South Wales, would be an
offence so punishable.
"staff member" , in relation to premises, means an individual employed to work
at those premises.
"tattooing procedure" means any procedure involving the making of a permanent
mark on or in the skin of a person by means of ink, dye or any other colouring
agent.
(2) The regulations may make provision for or with
respect to the circumstances in which the performing of a tattooing procedure
is taken (or is not taken) to be for medical reasons for the purposes of
paragraph (b) of the definition of
"cosmetic tattooing procedure" in subsection (1).
(3) Notes included in this
Act do not form part of this Act.
