TATTOOING INDUSTRY CONTROL ACT 2015 - SECT 8

TATTOOING INDUSTRY CONTROL ACT 2015 - SECT 8

8—Commissioner for Consumer Affairs may disqualify person from providing tattooing services

        (1)         Without limiting section 7, the Commissioner for Consumer Affairs may, by notice in writing (a "disqualification notice"), disqualify a person from providing tattooing services if—

            (a)         the person was, at any time within the 5 preceding years, a member of a prescribed organisation; or

            (b)         the person was, at any time within the 5 preceding years, a close associate of a member of a prescribed organisation; or

            (c)         the person is found guilty, or has within the preceding 10 years been found guilty, of an offence prescribed by the regulations for the purposes of this section; or

            (d)         the Commissioner for Consumer Affairs reasonably believes that such action is appropriate for the purpose of averting, eliminating or minimising a risk, or a perceived risk, to the safety of members of the public; or

            (e)         the Commissioner for Consumer Affairs reasonably believes that to allow the person to provide tattooing services, or to continue to provide tattooing services, would otherwise not be in the public interest.

        (2)         A disqualification notice has effect from the date specified in the notice and continues in force—

            (a)         indefinitely; or

            (b)         for the period specified in the notice; or

            (c)         until the notice is revoked in accordance with this or any other Act,

whichever is the sooner.

        (3)         A person who contravenes or fails to comply with a disqualification notice is guilty of an offence.

Maximum penalty:

            (a)         in the case of a natural person—imprisonment for 4 years; or

            (b)         in the case of a body corporate—$250 000.

        (4)         A person does not commit an offence against this section in respect of an act or omission unless the person knew that the act or omission constituted a contravention of, or failure to comply with, the disqualification notice or was reckless as to that fact.

        (5)         Subject to this section, a disqualification notice given by the Commissioner for Consumer Affairs—

            (a)         must state the grounds on which the notice has been given; and

            (b)         must contain a statement advising the recipient that he or she is entitled to seek a review of the Commissioner for Consumer Affairs decision to give the notice in accordance with section 17; and

            (c)         must contain such other information as may be required by the regulations.

        (6)         A statement of the grounds on which a disqualification notice has been issued must not contain information that is classified by the Commissioner for Police as criminal intelligence (however a failure to comply with this subsection does not invalidate a disqualification notice).