TATTOO INDUSTRY ACT 2013 - SECT 12 Criteria for granting application

TATTOO INDUSTRY ACT 2013 - SECT 12

12 Criteria for granting application

(1) The chief executive may grant an application for a licence only if the chief executive is satisfied—

(a) the application is properly made; and

(b) the applicant is a fit and proper person to hold the licence; and

(c) it would not be contrary to the public interest for the licence to be granted.

(2) In deciding whether the applicant is a fit and proper person to hold the licence, the chief executive must have regard to the following—

(a) the criminal history of the applicant;

(b) in dealings in which the person has been involved, whether the person has—

(i) shown dishonesty or lack of integrity; or

(ii) used harassing tactics;

(c) information about the person that indicates—

(i) the person is a risk to public safety; or

(ii) the holding of a licence by the person would be contrary to the public interest;

(d) whether the applicant is subject to an order under the Public Health (Infection Control for Personal Appearance Services) Act 2003 made in connection with the carrying out of skin penetration procedures;

(e) whether the applicant holds, or has held, a licence, permit or other authority under an Act administered by a relevant Minister that has been suspended, cancelled or revoked;

(f) whether the applicant is disqualified from holding a licence, permit or other authority under an Act administered by a relevant Minister;

(g) whether the person has taken advantage, as a debtor, of the laws of bankruptcy;

(h) anything else relevant to the person’s suitability to hold the licence.

(3) A person is not a fit and proper person to hold a licence if the person—

(a) within 10 years before applying for the licence, has been convicted of a prescribed offence for which a conviction was recorded; or

(b) is subject to a relevant control order.

(4) The chief executive may not have regard to criminal intelligence in deciding whether—

(a) a person is a fit and proper person to hold a licence; or

(b) it would be contrary to the public interest for the licence to be granted.