TATTOO INDUSTRY ACT 2013 - As at 10 March 2019 - Act 46 of 2013

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Short title
• 2 Commencement
• 3 Main purpose of Act
• 4 Definitions
• 5 Operation of other laws not affected

PART 2 - OFFENCES RELATING TO UNLICENSED BODY ART TATTOOING

• 6 Body art tattooing businesses to be licensed
• 7 Body art tattooists to be licensed
• 8 Employed body art tattooists to be licensed

PART 3 - LICENSING SCHEME

Division 1 - General

• 9 Types of licences and authorisation conferred by licence
• 10 Licence conditions—general provisions

Division 2 - Licence applications and granting of licences

• 11 Licence applications
• 11A Additional information required for applications for operator licences
• 11B Additional information required for applications for tattooist licences
• 12 Criteria for granting application
• 13 Additional criteria for operator licences
• 14 Additional criteria for tattooist licences
• 15 Inquiries about applicants, licensees and relevant persons
• 15A Costs of criminal history report
• 15B Notice of change in criminal history
• 16 Chief executive may require further information
• 16A Use of information obtained under s 15, 15B, 16 or 61
• 17 Decision on application
• 18 Term of licence
• 19 Form of licence

Division 3 - Special conditions relating to licences generally

• 23 Licensee not to sell or dispose of licence

Division 4 - Special conditions relating to operator licences

• 24 Inspection of financial records
• 25 Change of licence particulars
• 26 Operator not to permit procedures by unlicensed body art tattooists on licensed premises
• 27 Changes in staff members
• 28 Display of operator licence
• 29 Advertisements
• 30 Surrender of operator licence for premises under long-term closure order
• 31 Notifying chief executive of lost, stolen or destroyed operator licence
• 32 Notifying chief executive of existence of a prescribed licence cancellation circumstance

Division 5 - Suspension and cancellation of licences

• 33 Suspension of licence
• 34 Cancellation of licence
• 34A Automatic cancellation on conviction
• 35 Return of suspended or cancelled licence

Division 6 - Renewal of licences

• 35A Renewal of licence
• 35B Term of renewed licence
• 35C Grounds for refusal to renew
• 35D Procedure for refusal to renew

Division 7 - Fingerprint and palm print procedures

• 35E Fingerprinting and palm printing of applicants
• 35F Destruction of fingerprints and palm prints

Division 8 - Keeping of records

• 36 Tattooing procedures log
• 37 Tattooists to make contemporaneous entries in tattooing procedures log
• 38 Way in which records for licensed premises to be kept

Division 9 - Offences relating to licences

• 39 Misuse of licences

PART 4 - PERMITS RELATING TO UNLICENSED BODY ART TATTOOING

Division 1 - Body art tattooing shows and exhibitions

• 40 Authority conferred by permit
• 41 Application for exhibition permit
• 42 Decision about application for exhibition permit

Division 2 - Visiting overseas body art tattooists

• 43 Authority conferred by permit
• 44 Application for visiting tattooist permit
• 45 Decision about application for visiting tattooist permit

PART 5 - ENFORCEMENT

Division 1 - Closure orders

• 46 Interim closure of unlicensed or illegal body art tattooing businesses
• 47 Long-term closure of body art tattooing businesses
• 48 Body art tattooing business may not be carried on in closed premises

Division 2 - Powers of entry

• 49 Production of authorised officer’s identity card
• 50 Entry of premises by authorised officer
• 51 Warrants
• 52 Authorised officer’s general powers in a place
• 53 Procedure after thing seized

Division 3 - Other enforcement provisions

• 54 Production of licences
• 55 Obstruction of authorised officer

PART 6 - REVIEW

• 56 Review by QCAT of particular decisions of chief executive
57. (Repealed) 58. (Repealed)

PART 7 - GENERAL

• 59 False or misleading statements
• 60 False or misleading documents
• 61 Exchange of information
• 62 Confidentiality
• 63 Protection from liability
• 64 Proceeding for offence
• 65 Evidentiary aids
• 66 No compensation payable for exercise of regulatory functions
• 67 Delegation by chief executive
• 68 Delegation by commissioner
• 69 Approved forms
• 70 Regulation-making power
71. (Repealed)

PART 8 - TRANSITIONAL PROVISIONS

Division 1 - Transitional provision for Tattoo Parlours Act 2013

• 72 Making of closure orders pending the commencement of section 6

Division 2 - Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016

• 73 Applications not finally decided
• 74 Show cause process not finally decided
• 75 Proceedings not finally decided
• 76 Additional prescribed offences
• 77 (Expired)
• SCHEDULE 1