PUBLIC HEALTH (INFECTION CONTROL FOR PERSONAL APPEARANCE SERVICES) ACT 2003 - As at 1 February 2024 - Act 81 of 2003
- As at 1 February 2024 - Act 81 of 2003Table of Provisions
PART 1 - PRELIMINARY
Division 1 - Introduction
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
Division 4 - Transfer of licences
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
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