(1) A person must not carry on a body art tattooing business (whether on the
person's own behalf or on behalf of another person) at any premises unless the
person is authorised to do so by an operator licence.
: Maximum penalty--
(a)
in the case of a corporation--100 penalty units and in addition, in the case
of a continuing offence, 100 penalty units for each day the offence continues,
and
(b) in any other case--50 penalty units and in addition, in the case of a
continuing offence, 50 penalty units for each day the offence continues.
(2)
If a body art tattooing business is carried on (or is proposed to be carried
on) at more than one set of premises, a separate operator licence is required
to be held by a person for each set of premises for the purposes of subsection
(1).
(3) A person that requires, allows or permits a
body art tattooing business to be carried on at premises on the person's
behalf in contravention of subsection (1) is guilty of an offence.
: Maximum
penalty--
(a) in the case of a corporation--100 penalty units and in addition,
in the case of a continuing offence, 100 penalty units for each day the
offence continues, and
(b) in any other case--50 penalty units and in
addition, in the case of a continuing offence, 50 penalty units for each day
the offence continues.
(a) during the period of 7 business days
after the death of a licensee who holds an operator licence for the premises
and, if a new application for an operator licence is made during that period,
until that application is determined by the Secretary, or
(b) during the
period of 7 business days after a licensee who holds an operator licence for
the premises becomes unable to carry on the business because he or she is
incapacitated and, if a new application is made by another person for an
operator licence for the premises during that period, until that application
is determined by the Secretary, or
(c) in such other circumstances as may be
prescribed by the regulations.
(5) It is a defence in proceedings for an
offence against subsection (3) if the person satisfies the court that the
person did not know, and could not reasonably have been expected to know, that
the body art tattooing business was not being carried on under the authority
of an operator licence.