Queensland Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


TATTOO PARLOURS BILL 2013

           Queensland



Tattoo Parlours Bill 2013

 


 

 

Queensland Tattoo Parlours Bill 2013 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Meaning of close associate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 Operation of other laws not affected. . . . . . . . . . . . . . . . . . . . . . . 8 Part 2 Offences relating to unlicensed body art tattooing 6 Body art tattooing businesses to be licensed . . . . . . . . . . . . . . . . 8 7 Body art tattooists to be licensed . . . . . . . . . . . . . . . . . . . . . . . . . 9 8 Employed body art tattooists to be licensed . . . . . . . . . . . . . . . . . 10 Part 3 Licensing scheme Division 1 General 9 Types of licences and authorisation conferred by licence . . . . . . 11 10 Licence conditions--general provisions . . . . . . . . . . . . . . . . . . . . 11 Division 2 Licence applications and granting of licences 11 Licence applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 12 Statement as to close associates of applicant for operator licence 15 13 Fingerprinting and palm printing of applicants . . . . . . . . . . . . . . . 16 14 Destruction of fingerprints and palm prints. . . . . . . . . . . . . . . . . . 17 15 Investigations, inquiries and referrals in relation to licence applications ...................................... 17 16 Chief executive or commissioner may require further information 18 17 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 18 Term of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 19 Form of licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Division 3 Role of commissioner 20 Commissioner to make security determinations about applicants and licensees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

 


 

Tattoo Parlours Bill 2013 Contents 21 Commissioner may require further information . . . . . . . . . . . . . . 22 22 Disclosure of criminal intelligence information . . . . . . . . . . . . . . . 23 Division 4 Special conditions relating to licences generally 23 Licensee not to sell or dispose of licence. . . . . . . . . . . . . . . . . . . 24 Division 5 Special conditions relating to operator licences 24 Inspection of financial records . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 25 Change of licence particulars . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 26 Operator not to permit procedures by unlicensed body art tattooists on licensed premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 27 Changes in staff members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 28 Display of operator licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 29 Advertisements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 30 Surrender of operator licence for premises under long-term closure order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 31 Notifying chief executive of lost, stolen or destroyed operator licence 27 32 Notifying chief executive of existence of a prescribed licence cancellation circumstance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Division 6 Suspension and cancellation of licences 33 Suspension of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 34 Cancellation of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 35 Return of suspended or cancelled licence . . . . . . . . . . . . . . . . . . 30 Division 7 Keeping of records 36 Tattooing procedures log . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 37 Tattooists to make contemporaneous entries in tattooing procedures log . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 38 Way in which records for licensed premises to be kept . . . . . . . . 31 Division 8 Offences relating to licences 39 Misuse of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Part 4 Permits relating to unlicensed body art tattooing Division 1 Body art tattooing shows and exhibitions 40 Authority conferred by permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 41 Application for exhibition permit . . . . . . . . . . . . . . . . . . . . . . . . . . 33 42 Decision about application for exhibition permit . . . . . . . . . . . . . . 34 Division 2 Visiting overseas body art tattooists 43 Authority conferred by permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 44 Application for visiting tattooist permit . . . . . . . . . . . . . . . . . . . . . 36 45 Decision about application for visiting tattooist permit . . . . . . . . . 37 Page 2

 


 

Tattoo Parlours Bill 2013 Contents Part 5 Enforcement Division 1 Closure orders 46 Interim closure of unlicensed or illegal tattoo parlours . . . . . . . . . 38 47 Long-term closure of tattoo parlours . . . . . . . . . . . . . . . . . . . . . . 39 48 Body art tattooing business may not be carried on in closed premises39 Division 2 Powers of entry 49 Production of authorised officer's identity card. . . . . . . . . . . . . . . 40 50 Entry of premises by authorised officer . . . . . . . . . . . . . . . . . . . . 40 51 Warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 52 Authorised officer's general powers in a place . . . . . . . . . . . . . . . 42 53 Procedure after thing seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Division 3 Other enforcement provisions 54 Production of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 55 Obstruction of authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . 44 Part 6 Review 56 Review by QCAT of particular decisions of chief executive . . . . . 44 57 Confidentiality of criminal intelligence . . . . . . . . . . . . . . . . . . . . . 45 58 Application of Judicial Review Act 1991 . . . . . . . . . . . . . . . . . . . . 46 Part 7 General 59 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . 47 60 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 47 61 Exchange of information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 62 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 63 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 64 Proceeding for offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 65 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 66 No compensation payable for exercise of regulatory functions . . 50 67 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 68 Delegation by commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 69 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 70 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 71 Act to be reviewed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Part 8 Transitional provision 72 Making of closure orders pending the commencement of section 6 52 Part 9 Amendment of Liquor Act 1992 73 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Page 3

 


 

Tattoo Parlours Bill 2013 Contents 74 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 53 75 Insertion of new pt 6, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Division 5 Prohibited items for declared criminal organisations 173EA Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 173EB Exclusion of persons wearing or carrying prohibited items 54 173EC Entering and remaining in licensed premises wearing or carrying a prohibited item . . . . . . . . . . . . . . . . . . . . . . 54 173ED Removal of person wearing or carrying prohibited item from premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Part 10 Amendment of Police Powers and Responsibilities Act 2000 76 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 77 Amendment of ch 2, pt 3, hdg (Use of drug detection dogs without warrant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 78 Amendment of s 34 (Definitions for pt 3) . . . . . . . . . . . . . . . . . . . 56 79 Amendment of s 35 (Use of drug detection dogs in particular places) 57 80 Amendment of s 36 (Police officers and drug detection dogs may enter and remain on particular premises) . . . . . . . . . . . . . . . . . . . . . . . 58 81 Replacement of s 37 (Reasonable suspicion may be based on indication of drug detection dog) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 37 Reasonable suspicion may be based on indication of detection dog . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 82 Amendment of s 38 (Protection from liability for acts done by drug detection dogs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 83 Amendment of s 39 (Effect of part on use of drug detection dogs under search warrants). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 84 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 60 Part 11 Amendment of this Act 85 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Schedule 1 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Page 4

 


 

2013 A Bill for An Act to provide for the licensing and regulation of body art tattooing businesses and body art tattooists and other related matters and to amend the Liquor Act 1992 and the Police Powers and Responsibilities Act 2000 for particular purposes

 


 

Tattoo Parlours Bill 2013 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 1 Short title 3 This Act may be cited as the Tattoo Parlours Act 2013. 4 2 Commencement 5 This Act, other than part 9, commences on a day to be fixed 6 by proclamation. 7 3 Definitions 8 The dictionary in schedule 1 defines particular words used in 9 this Act. 10 4 Meaning of close associate 11 (1) A person is a close associate of an applicant for a licence or a 12 licensee if-- 13 (a) the person-- 14 (i) holds or will hold a relevant financial interest, or is 15 or will be entitled to exercise a relevant power, 16 whether exercisable alone or in association with 17 others, whether in the person's own right or on 18 behalf of any other person, in the business of the 19 applicant or licensee that is or will be carried on 20 under the licence; and 21 (ii) because of the interest or power, is or will be able, 22 in the commissioner's opinion, to exercise a 23 significant influence over or with respect to the 24 management or operation of the business; or 25 Page 6

 


 

Tattoo Parlours Bill 2013 Part 1 Preliminary [s 4] (b) the person holds or will hold any relevant position, 1 whether in the person's own right or on behalf of 2 another person, in the business of the applicant or 3 licensee that is or will be carried on under the licence; or 4 (c) the person is or will be engaged as a contractor or 5 employed in the business of the applicant or licensee 6 that is or will be carried on under the licence. 7 (2) For this section, a financial institution is not a close associate 8 merely because the institution has a relevant financial interest 9 in a business. 10 (3) This section extends to relevant financial interests and 11 relevant powers even if the interests and powers are not 12 payable, exercisable or otherwise enforceable as a matter of 13 law or equity, but are nevertheless payable, exercisable or 14 otherwise enforceable as a matter of fact. 15 (4) In this section-- 16 relevant financial interest, in a business, means-- 17 (a) a share in the capital of the business; or 18 (b) an entitlement to receive any income derived from the 19 business, or to receive another financial benefit or 20 financial advantage from the carrying on of the business, 21 whether the entitlement arises at law or in equity or 22 otherwise; or 23 (c) an entitlement to receive rent, profit or other income in 24 connection with the use or occupation of premises on 25 which the business is or is to be carried on, including, 26 for example, an entitlement of the owner of the premises 27 at which the business is carried on to receive rent as 28 lessor of the premises. 29 relevant position means-- 30 (a) the position of director, manager or secretary; or 31 (b) another position, however described, if it is an executive 32 position. 33 Page 7

 


 

Tattoo Parlours Bill 2013 Part 2 Offences relating to unlicensed body art tattooing [s 5] relevant power means a power, whether exercisable by voting 1 or otherwise and whether exercisable alone or in association 2 with others-- 3 (a) to participate in a directorial, managerial or executive 4 decision; or 5 (b) to elect or appoint a person to a relevant position. 6 5 Operation of other laws not affected 7 Nothing in this Act limits or restricts the operation of another 8 law providing for the carrying out of tattooing procedures or 9 the carrying on of body art tattooing businesses. 10 Part 2 Offences relating to unlicensed 11 body art tattooing 12 6 Body art tattooing businesses to be licensed 13 (1) A person must not carry on a body art tattooing business, 14 whether on the person's own behalf or on behalf of another 15 person, at premises unless the person is authorised to do so by 16 an operator licence. 17 Maximum penalty-- 18 (a) for a first offence--500 penalty units; or 19 (b) for a second offence--700 penalty units or 6 months 20 imprisonment; or 21 (c) for a third or later offence--1000 penalty units or 18 22 months imprisonment. 23 (2) To remove any doubt, it is declared that if a body art tattooing 24 business is carried on, or is proposed to be carried on, at more 25 than 1 premises, a separate operator licence is required to be 26 held by a person for each premises. 27 Page 8

 


 

Tattoo Parlours Bill 2013 Part 2 Offences relating to unlicensed body art tattooing [s 7] (3) A person who requires or permits a body art tattooing 1 business to be carried on at premises on the person's behalf in 2 contravention of subsection (1) is guilty of an offence. 3 Maximum penalty-- 4 (a) for a first offence--500 penalty units; or 5 (b) for a second offence--700 penalty units or 6 months 6 imprisonment; or 7 (c) for a third or later offence--1000 penalty units or 18 8 months imprisonment. 9 (4) Subsection (1) does not apply to a person carrying on a body 10 art tattooing business-- 11 (a) during the period of 7 business days after the death of a 12 licensee who holds an operator licence for the premises 13 and, if a new application for an operator licence is made 14 during that period, until that application is decided by 15 the chief executive; or 16 (b) during the period of 7 business days after a licensee who 17 holds an operator licence for the premises becomes 18 unable to carry on the business because the licensee is 19 incapacitated and, if a new application is made by 20 another person for an operator licence for the premises 21 during that period, until that application is decided by 22 the chief executive; or 23 (c) under a permit. 24 (5) It is a defence in proceedings for an offence against 25 subsection (3) if the person satisfies the court the person did 26 not know, and could not reasonably have been expected to 27 know, the body art tattooing business was not being carried on 28 under the authority of an operator licence. 29 7 Body art tattooists to be licensed 30 (1) An individual must not perform a body art tattooing procedure 31 for fee or reward unless authorised to do so by a tattooist 32 licence. 33 Page 9

 


 

Tattoo Parlours Bill 2013 Part 2 Offences relating to unlicensed body art tattooing [s 8] Maximum penalty-- 1 (a) for a first offence--500 penalty units; or 2 (b) for a second offence--700 penalty units or 6 months 3 imprisonment; or 4 (c) for a third or later offence--1000 penalty units or 18 5 months imprisonment. 6 (2) An individual must not perform a body art tattooing 7 procedure, whether or not for fee or reward, at licensed 8 premises unless authorised to do so by a tattooist licence. 9 Maximum penalty-- 10 (a) for a first offence--500 penalty units; or 11 (b) for a second offence--700 penalty units or 6 months 12 imprisonment; or 13 (c) for a third or later offence--1000 penalty units or 18 14 months imprisonment. 15 (3) Subsections (1) and (2) do not apply to an individual who 16 performs a body art tattooing procedure-- 17 (a) if the individual carries out the procedure as a 18 self-employed individual at premises for which the 19 individual holds an operator licence; or 20 (b) under a permit. 21 8 Employed body art tattooists to be licensed 22 (1) A person must not employ an individual to work as a body art 23 tattooist unless the individual is the holder of a tattooist 24 licence. 25 Maximum penalty-- 26 (a) for a first offence--500 penalty units; or 27 (b) for a second offence--700 penalty units or 6 months 28 imprisonment; or 29 (c) for a third or later offence--1000 penalty units or 18 30 months imprisonment. 31 Page 10

 


 

Tattoo Parlours Bill 2013 Part 3 Licensing scheme [s 9] (2) Subsection (1) does not apply to the employment of an 1 individual to work as a body art tattooist in circumstances 2 prescribed under a regulation. 3 (3) It is a defence in proceedings for an offence against 4 subsection (1) if the person satisfies the court the person did 5 not know, and could not reasonably have been expected to 6 know, the individual employed to work as a body art tattooist 7 was unlicensed. 8 Part 3 Licensing scheme 9 Division 1 General 10 9 Types of licences and authorisation conferred by licence 11 (1) The following types of licence may be granted and held under 12 this Act-- 13 (a) an operator licence; 14 (b) a tattooist licence. 15 (2) An operator licence authorises the licensee to carry on a body 16 art tattooing business, whether on the licensee's own behalf or 17 on behalf of another person, at the premises stated in the 18 licence. 19 (3) A tattooist licence authorises the licensee to perform body art 20 tattooing procedures. 21 10 Licence conditions--general provisions 22 (1) A licence is subject to the conditions-- 23 (a) the chief executive may impose for a particular licence; 24 and 25 (b) imposed under this Act. 26 Page 11

 


 

Tattoo Parlours Bill 2013 Part 3 Licensing scheme [s 11] (2) Subject to subsection (4), the chief executive may impose, 1 vary or revoke conditions on a licence for the reasons, and in 2 the circumstances, the chief executive considers appropriate. 3 (3) The chief executive may-- 4 (a) impose a condition at the time the licence is granted by 5 stating it on the licence that is granted; and 6 (b) impose, vary or revoke conditions on a licence after it is 7 granted by notice given to the licensee. 8 (4) Nothing in this section authorises the chief executive-- 9 (a) to impose a condition that is inconsistent with a 10 condition imposed under this Act; or 11 (b) to vary or revoke a condition imposed under this Act. 12 (5) A licensee must comply with any conditions to which the 13 licence is subject. 14 Maximum penalty for subsection (5)--40 penalty units. 15 Division 2 Licence applications and granting 16 of licences 17 11 Licence applications 18 (1) An application for a licence must be made to the chief 19 executive. 20 (2) An application for a licence may only be made by an 21 individual. 22 (3) An application for an operator licence for a body art tattooing 23 business that is owned or operated by or on behalf of a 24 corporation, partnership or trust must be made by an 25 individual nominated by the corporation, partners or trustees 26 to be the premises manager for the purposes of carrying on 27 that business at the premises for which the licence is sought. 28 (4) An application for a licence may not be made by-- 29 (a) an individual who is under 18 years; or 30 Page 12

 


 

Tattoo Parlours Bill 2013 Part 3 Licensing scheme [s 11] (b) an individual who is not an Australian citizen or 1 Australian resident; or 2 (c) an individual who is a controlled person. 3 (5) An application for a licence must-- 4 (a) be in the approved form; and 5 (b) state whether the licence is sought for a term of 1 or 3 6 years; and 7 (c) state the following for the applicant-- 8 (i) full name; 9 (ii) date and place of birth; 10 (iii) residential address; 11 (iv) any other names by which the applicant has 12 previously been known; 13 (v) if the applicant has a driver licence--the licence 14 number; and 15 (d) be accompanied by-- 16 (i) evidence of the applicant's identity that is 17 satisfactory to the chief executive; and 18 (ii) the statement mentioned in section 12; and 19 (iii) for each individual identified as a close associate 20 of the applicant in the statement mentioned in 21 section 12--evidence of each close associate's 22 identity that is satisfactory to the chief executive; 23 and 24 Example for subparagraphs (i) and (iii)-- 25 The chief executive may adopt a system under which-- 26 (a) points are assigned to the applicant for producing 27 particular evidence of identity; and 28 (b) the applicant is required to achieve a total number of 29 points stated by the chief executive. 30 (e) for an operator licence-- 31 Page 13

 


 

Tattoo Parlours Bill 2013 Part 3 Licensing scheme [s 11] (i) state the address of the proposed licensed 1 premises; and 2 (ii) state the business name of the body art tattooing 3 business carried on or proposed to be carried on at 4 the proposed licensed premises; and 5 (iii) state the name and residential address of each staff 6 member employed, or proposed to be employed, to 7 work at the proposed licensed premises; and 8 (iv) if the business to which the application relates is 9 owned or operated by or on behalf of a corporation, 10 partnership or trust--be accompanied by evidence 11 in the approved form that the applicant has been 12 nominated by the corporation, partners or trustees 13 to be the premises manager; and 14 (f) for a tattooist licence--be accompanied by evidence in 15 the approved form concerning previous, existing or 16 impending employment as a body art tattooist; and 17 (g) be accompanied by-- 18 (i) the fee prescribed under a regulation; and 19 (ii) the other information and particulars, if any, 20 prescribed under a regulation; and 21 (h) comply with any other requirement prescribed under a 22 regulation. 23 (6) If, before an application for a licence is decided by the chief 24 executive, a change occurs in the information provided in, or 25 in connection with, the application (including any information 26 provided under this subsection), the applicant must within 7 27 business days after the change give notice to the chief 28 executive of the particulars of the change. 29 Maximum penalty for subsection (6)--20 penalty units. 30 (7) The Criminal Law (Rehabilitation of Offenders) Act 1986, 31 section 6 does not apply in relation to an application for a 32 licence. 33 (8) In this section-- 34 Page 14

 


 

Tattoo Parlours Bill 2013 Part 3 Licensing scheme [s 12] driver licence see the Transport Operations (Road Use 1 Management) Act 1995, schedule 4. 2 12 Statement as to close associates of applicant for 3 operator licence 4 (1) An application for an operator licence must be accompanied 5 by a written statement in the approved form, made by the 6 applicant, stating-- 7 (a) that the applicant has made all reasonable inquiries to 8 ascertain the information required to complete the 9 statement; and 10 (b) the following information about any close associates of 11 the applicant-- 12 (i) if the associate is an individual--the individual's 13 name and date of birth; 14 (ii) if the associate is a proprietary company--the 15 name and ACN of the company and the names of 16 its directors and shareholders; 17 (iii) if the associate is any other type of 18 corporation--the name of the corporation, its ACN 19 or ARBN, if any, and the names of the directors or 20 members of its governing body; 21 (iv) if the associate is a partnership--the trading name 22 of the partnership and the names of the partners, 23 including any silent partners; 24 (v) if the associate is a trust-- 25 (A) the names of the trustee or trustees; and 26 (B) if a trustee is a proprietary company--the 27 information mentioned in subparagraph (ii); 28 and 29 (C) if a trustee is a corporation-- the information 30 mentioned in subparagraph (iii). 31 (2) This section does not apply in circumstances prescribed under 32 a regulation. 33 Page 15

 


 

Tattoo Parlours Bill 2013 Part 3 Licensing scheme [s 13] (3) In this section-- 1 ACN see the Corporations Act. 2 ARBN see the Corporations Act. 3 proprietary company see the Corporations Act. 4 13 Fingerprinting and palm printing of applicants 5 (1) An applicant for a licence must consent to having his or her 6 fingerprints and palm prints taken by the commissioner to 7 confirm the applicant's identity. 8 (2) The chief executive must refuse to decide an application for a 9 licence if the applicant refuses to be fingerprinted and palm 10 printed. 11 (3) If the applicant consents to having his or her fingerprints and 12 palm prints taken by the commissioner, the chief executive 13 must ask the commissioner to take the applicant's fingerprints 14 and palm prints-- 15 (a) to assist the chief executive in deciding whether the 16 applicant is an appropriate person to hold a licence; and 17 (b) to assist the chief executive in identifying the applicant 18 for the purpose mentioned in paragraph (a). 19 (4) The commissioner must comply with a request made under 20 subsection (3). 21 (5) The commissioner must give the chief executive information 22 about an applicant's identity derived from fingerprints and 23 palm prints of the person taken under subsection (4). 24 (6) The commissioner may use the fingerprints and palm prints of 25 an applicant taken under subsection (4) only-- 26 (a) to comply with subsection (5); or 27 (b) for performing a function of the police service. 28 Page 16

 


 

Tattoo Parlours Bill 2013 Part 3 Licensing scheme [s 14] 14 Destruction of fingerprints and palm prints 1 (1) A person who formerly held a licence, but is not currently a 2 licensee, may apply to the commissioner to have the person's 3 fingerprints or palm prints obtained under section 13, and any 4 copies of the prints, destroyed. 5 (2) The commissioner may decide to grant or refuse the 6 application. 7 (3) If the commissioner decides to grant the application, the 8 commissioner must ensure that the former licensee's 9 fingerprints or palm prints obtained under section 13, and 10 copies of the prints, are destroyed as soon as practicable in the 11 presence of a justice. 12 (4) If the commissioner decides to refuse the application, the 13 commissioner must give the applicant notice of the decision. 14 (5) If an application for a licence is withdrawn or refused, the 15 chief executive must ask the commissioner to ensure the 16 applicant's fingerprints or palm prints obtained under section 17 13, and copies of the prints, are destroyed as soon as 18 practicable after the application is withdrawn or refused. 19 (6) The commissioner must comply with a request under 20 subsection (5) in the presence of a justice. 21 (7) As soon as practicable after the applicant's fingerprints or 22 palm prints, or copies of the prints, are destroyed under 23 subsection (3) or (6), the commissioner must give the 24 applicant a notice stating that the fingerprints or palm prints, 25 or copies, have been destroyed. 26 15 Investigations, inquiries and referrals in relation to 27 licence applications 28 If the chief executive receives an application for a licence, the 29 chief executive-- 30 (a) may carry out the investigations and inquiries in relation 31 to the application the chief executive considers 32 necessary for a proper consideration of the application; 33 and 34 Page 17

 


 

Tattoo Parlours Bill 2013 Part 3 Licensing scheme [s 16] (b) must refer any application that the chief executive 1 considers to have been properly made, along with any 2 supporting information, to the commissioner for an 3 investigation and determination as to either or both of 4 the following-- 5 (i) whether the applicant is a fit and proper person to 6 be granted the licence; 7 (ii) whether it would be contrary to the public interest 8 for the licence to be granted. 9 16 Chief executive or commissioner may require further 10 information 11 (1) The chief executive or the commissioner may, by notice given 12 to an applicant for a licence or a close associate of the 13 applicant, require the applicant or close associate to do 1 or 14 more of the following things-- 15 (a) give, in a stated way, stated information the chief 16 executive or the commissioner considers relevant to the 17 investigation of the application; 18 (b) produce, in a stated way, stated records the chief 19 executive or the commissioner considers relevant to the 20 investigation of the application and permit the chief 21 executive or commissioner to examine, take extracts 22 from and make copies of the records; 23 (c) authorise a person described in the notice to comply 24 with a requirement mentioned in paragraph (a) or (b); 25 (d) give the chief executive or the commissioner the 26 authorisation or consent the chief executive or the 27 commissioner requires to enable the chief executive or 28 the commissioner to obtain, from another person, 29 information relevant to the investigation of the 30 application. 31 (2) A person who complies with a requirement of a notice under 32 this section does not merely because of the compliance incur a 33 liability to another person. 34 Page 18

 


 

Tattoo Parlours Bill 2013 Part 3 Licensing scheme [s 17] (3) The applicant is taken to have withdrawn the applicant's 1 application if, within a stated reasonable time, the applicant or 2 a close associate of the applicant fails to comply with a 3 requirement under this section in relation to the application. 4 (4) In this section-- 5 information includes financial and other confidential 6 information. 7 17 Decision on application 8 (1) The chief executive may, after considering an application for a 9 licence and the determination of the commissioner under 10 section 15 on the application, decide to-- 11 (a) grant the licence; or 12 (b) refuse to grant the licence. 13 (2) The chief executive must decide to refuse to grant the licence 14 if-- 15 (a) the chief executive is satisfied the application for the 16 licence was not properly made; or 17 (b) an adverse security determination has been made by the 18 commissioner about the applicant. 19 (3) Without limiting subsection (1), the chief executive may 20 decide to refuse to grant an operator licence if the chief 21 executive is satisfied that-- 22 (a) the applicant is subject to an order under the Public 23 Health (Infection Control for Personal Appearance 24 Services) Act 2003 made in connection with the carrying 25 out of skin penetration procedures; or 26 (b) for an application for a body art tattooing business 27 owned or operated by or on behalf of a corporation--the 28 corporation is the subject of a winding-up order or a 29 corporation for which a controller or administrator has 30 been appointed; or 31 (c) the applicant holds, or has held, a licence, permit or 32 other authority under an Act administered by a relevant 33 Page 19

 


 

Tattoo Parlours Bill 2013 Part 3 Licensing scheme [s 17] Minister that has been suspended, cancelled or revoked; 1 or 2 (d) the applicant is disqualified from holding a licence, 3 permit or other authority under an Act administered by a 4 relevant Minister; or 5 (e) the applicant is, or was at any time in the last 3 years, a 6 director of or concerned in the management of an 7 externally-administered body corporate under the 8 Corporations Act other than the voluntary winding-up of 9 the body corporate; or 10 (f) the applicant has been convicted of an offence against 11 section 6(1) or (3) or 8(1); or 12 (g) another ground prescribed under a regulation exists for 13 refusing the application. 14 (4) Without limiting subsection (1), the chief executive may 15 decide to refuse to grant a tattooist licence if the chief 16 executive is satisfied-- 17 (a) the applicant holds, or has held, a licence, permit or 18 other authority under an Act administered by a relevant 19 Minister that has been suspended, cancelled or revoked; 20 or 21 (b) the applicant is disqualified from holding a licence, 22 permit or other authority under an Act administered by a 23 relevant Minister; or 24 (c) the applicant has been convicted of an offence against 25 section 7(1) or (2). 26 (5) If the chief executive decides to grant the licence, the chief 27 executive must promptly give the applicant-- 28 (a) the licence; and 29 (b) if the licence is subject to a condition under section 30 10(1)(a)--a QCAT information notice for the decision 31 to impose the condition. 32 Page 20

 


 

Tattoo Parlours Bill 2013 Part 3 Licensing scheme [s 18] (6) If the chief executive decides to refuse to grant the licence, the 1 chief executive must give the applicant a QCAT information 2 notice for the decision. 3 18 Term of licence 4 (1) A licence may be granted for a term of 1 year or 3 years. 5 (2) A licence comes into force on the day stated in the licence. 6 (3) A licence stops being in force if it is surrendered, cancelled or 7 otherwise stops being in force. 8 Note-- 9 See also the Criminal Organisation Act 2009, section 19 (Conditions of 10 control order). 11 (4) A licence suspended under this or another Act is taken not to 12 be in force for this Act during the period of the suspension. 13 (5) A licence cannot be renewed, but an application for a new 14 licence may be made under this Act. 15 19 Form of licence 16 (1) A licence must be in the approved form. 17 (2) To remove any doubt, it is declared that the chief executive 18 may approve a form of operator licence for display in the 19 licensed premises. 20 Division 3 Role of commissioner 21 20 Commissioner to make security determinations about 22 applicants and licensees 23 (1) If an application for a licence is referred to the commissioner 24 for investigation under section 15, the commissioner is to 25 inquire into and determine, and report to the chief executive 26 on, either or both of the following-- 27 Page 21

 


 

Tattoo Parlours Bill 2013 Part 3 Licensing scheme [s 21] (a) whether the applicant is a fit and proper person to be 1 granted the licence; 2 (b) whether it would be contrary to the public interest for 3 the licence to be granted. 4 (2) The commissioner may also investigate and determine, 5 whether at the chief executive's request or on the 6 commissioner's own initiative, either or both of the following 7 and report to the chief executive on them-- 8 (a) whether a licensee continues to be a fit and proper 9 person to hold his or her licence; 10 (b) whether it would be contrary to the public interest for 11 the licensee to continue to hold his or her licence. 12 (3) For making a determination on a matter mentioned in 13 subsection (1) or (2), the commissioner may have regard to a 14 criminal intelligence report or other criminal information held 15 in relation to the applicant or licensee, or a close associate of 16 the applicant or licensee, that-- 17 (a) is relevant to the business or procedures carried on or 18 performed, or proposed to be carried on or performed, 19 under the licence; or 20 (b) causes the commissioner to conclude improper conduct 21 is likely to occur if the applicant is granted the licence or 22 the licensee continues to hold the licence; or 23 (c) causes the commissioner not to have confidence 24 improper conduct will not occur if the applicant is 25 granted the licence or the licensee continues to hold the 26 licence. 27 21 Commissioner may require further information 28 (1) For an investigation by the commissioner about whether a 29 licensee continues to be a fit and proper person to hold a 30 licence, or whether it would be contrary to the public interest 31 for the licensee to continue to hold a licence, the 32 commissioner may, by notice given to the licensee, or a close 33 Page 22

 


 

Tattoo Parlours Bill 2013 Part 3 Licensing scheme [s 22] associate of the licensee, require the licensee or associate to 1 do 1 or more of the following-- 2 (a) give, in a stated way, stated information the 3 commissioner considers relevant to the investigation 4 stated in the notice; 5 (b) produce, in a stated way, stated records the 6 commissioner considers relevant to the investigation 7 stated in the notice and permit the commissioner to 8 examine, take extracts from and make copies of the 9 records; 10 (c) authorise a person described in the notice to comply 11 with a requirement mentioned in paragraph (a) or (b); 12 (d) give the commissioner the authorisation or consent the 13 commissioner requires to enable the commissioner to 14 obtain, from another person, information relevant to the 15 investigation stated in the notice. 16 (2) A person who complies with a requirement of a notice under 17 this section does not incur a liability to another person merely 18 because of the compliance. 19 (3) In this section-- 20 information includes financial and other confidential 21 information. 22 22 Disclosure of criminal intelligence information 23 (1) The commissioner is not, under this Act or another law, 24 required to give reasons for determining a matter under 25 section 20 if the giving of the reasons would disclose the 26 existence or content of a criminal intelligence report or other 27 criminal information mentioned in section 20(3). 28 (2) The chief executive is not, under this Act or another law, 29 required to give reasons for not granting a licence to, or for 30 suspending or cancelling a licence of, a person on the basis of 31 an adverse security determination made by the commissioner 32 about the person if the giving of the reasons would disclose a 33 Page 23

 


 

Tattoo Parlours Bill 2013 Part 3 Licensing scheme [s 23] criminal intelligence report or other criminal information 1 mentioned in section 20(3). 2 Division 4 Special conditions relating to 3 licences generally 4 23 Licensee not to sell or dispose of licence 5 It is a condition of a licence that the licensee must not-- 6 (a) sell, dispose of, deliver, loan, hire or rent the licence to 7 another person; or 8 (b) permit another person to use the licence. 9 Division 5 Special conditions relating to 10 operator licences 11 24 Inspection of financial records 12 (1) It is a condition of an operator licence that the licensee must 13 ensure the requirements of this section about the financial 14 records used, received or produced in connection with the 15 carrying on of a body art tattooing business at licensed 16 premises (the business financial records) are complied with. 17 (2) The business financial records must be made available for 18 inspection by an authorised officer at the place at which they 19 are kept at any reasonable time requested by the officer by 20 notice given to the licensee. 21 (3) An authorised officer inspecting the business financial records 22 must be permitted to take copies of, or take extracts or make 23 notes from, those records. 24 (4) In this section-- 25 financial records includes-- 26 Page 24

 


 

Tattoo Parlours Bill 2013 Part 3 Licensing scheme [s 25] (a) invoices, receipts, orders for the payment of money, bills 1 of exchange, cheques, promissory notes and vouchers; 2 and 3 (b) documents of prime entry; and 4 (c) working papers and other documents needed to 5 explain-- 6 (i) the methods by which financial statements, 7 including, for example, profit and loss statements, 8 balance sheets and cash flow statements, are made 9 up; and 10 (ii) adjustments to be made in preparing financial 11 statements. 12 25 Change of licence particulars 13 (1) It is a condition of an operator licence that the licensee must 14 give the chief executive notice of any change in the licensee's 15 particulars within 14 business days after the change. 16 (2) In this section-- 17 licensee's particulars means the information required to be 18 provided by the licensee in connection with the licence 19 application under section 11(5) or 12(1)(b). 20 26 Operator not to permit procedures by unlicensed body 21 art tattooists on licensed premises 22 It is a condition of an operator licence that the licensee must 23 not permit an individual to perform a body art tattooing 24 procedure at the licensed premises unless the individual is the 25 holder of a tattooist licence. 26 27 Changes in staff members 27 (1) It is a condition of an operator licence that the licensee must, 28 within 20 business days after a change in staff employment, 29 give notice to the chief executive of the change. 30 Page 25

 


 

Tattoo Parlours Bill 2013 Part 3 Licensing scheme [s 28] (2) There is a change in staff employment if-- 1 (a) a new staff member is employed to work at the licensed 2 premises; or 3 (b) a staff member stops being employed to work at the 4 licensed premises. 5 (3) The notice must include the following particulars-- 6 (a) for a new staff member employed to work at the licensed 7 premises-- 8 (i) the full name and the residential address of the new 9 staff member; and 10 (ii) the date of birth of the new staff member; and 11 (iii) the date on which the new staff member started 12 work at the premises; and 13 (iv) the position in which the new staff member is 14 employed to work; 15 (b) for a staff member who has stopped being employed to 16 work at the licensed premises-- 17 (i) the full name of the former staff member; and 18 (ii) the date of birth of the former staff member; and 19 (iii) the date on which the former staff member started 20 work at the premises; and 21 (iv) the date on which the former staff member stopped 22 being employed to work at the premises; and 23 (v) the position in which the former staff member was 24 employed to work immediately before he or she 25 stopped being a staff member. 26 28 Display of operator licence 27 It is a condition of an operator licence that the licensee must 28 conspicuously display the licensee's licence at the licensed 29 premises. 30 Page 26

 


 

Tattoo Parlours Bill 2013 Part 3 Licensing scheme [s 29] 29 Advertisements 1 It is a condition of an operator licence that the licensee must 2 ensure the licence number is included in an advertisement 3 relating to the body art tattooing business carried on at the 4 licensed premises. 5 30 Surrender of operator licence for premises under 6 long-term closure order 7 It is a condition of an operator licence that, if a closure order 8 has been made under section 47 in relation to the licensed 9 premises, the licensee must return the licence to the chief 10 executive within 7 business days after the order is made. 11 31 Notifying chief executive of lost, stolen or destroyed 12 operator licence 13 It is a condition of an operator licence that the licensee must 14 give the chief executive a notice that the licence has been lost, 15 stolen or destroyed within 7 business days after the licensee 16 becomes aware it has been lost, stolen or destroyed. 17 32 Notifying chief executive of existence of a prescribed 18 licence cancellation circumstance 19 (1) It is a condition of an operator licence that the licensee must 20 give a notice to the chief executive that a prescribed licence 21 cancellation circumstance has happened or exists within 7 22 business days after the licensee becomes aware it has 23 happened or exists. 24 (2) In this section-- 25 prescribed licence cancellation circumstance means a 26 circumstance mentioned in section 34 of a type that, if the 27 chief executive were satisfied it had happened or exists, would 28 enable the chief executive to cancel an operator licence. 29 Page 27

 


 

Tattoo Parlours Bill 2013 Part 3 Licensing scheme [s 33] Division 6 Suspension and cancellation of 1 licences 2 33 Suspension of licence 3 (1) The chief executive may, if the chief executive is satisfied 4 there may be grounds for cancelling a licence, suspend the 5 licence by giving the licensee a QCAT information notice-- 6 (a) stating that the licence is suspended and, subject to 7 section 22, the reasons for suspending it; and 8 (b) requesting the person give the chief executive, within a 9 stated period of not less than 14 business days from the 10 day the notice is given, written reasons as to why the 11 licence should not be cancelled; and 12 (c) stating that the licence will be cancelled unless the 13 person gives the chief executive sufficient reasons as to 14 why the licence should not be cancelled; and 15 (d) stating the period, not more than 60 days from the day 16 on which the notice is given, during which the licence is 17 suspended. 18 Note-- 19 See also the Criminal Organisation Act 2009, section 19 (Conditions of 20 control order). 21 (2) The decision takes effect on the later of the following-- 22 (a) the day on which the notice is given to the licensee; 23 (b) the day stated in the notice. 24 34 Cancellation of licence 25 (1) The chief executive must cancel a licence if an adverse 26 security determination is made by the commissioner about the 27 licensee. 28 Note-- 29 See also the Criminal Organisation Act 2009, section 19 (Conditions of 30 control order). 31 Page 28

 


 

Tattoo Parlours Bill 2013 Part 3 Licensing scheme [s 34] (2) The chief executive may cancel a licence-- 1 (a) if the chief executive is satisfied the licensee has-- 2 (i) supplied information that was, to the licensee's 3 knowledge, false or misleading in a material 4 particular in, or in connection with, the application 5 for the licence; or 6 (ii) contravened a provision of this Act, whether or not 7 the licensee has been convicted of an offence for 8 the contravention; or 9 (iii) contravened a condition of the licence; or 10 (b) in other circumstances prescribed under a regulation. 11 (3) Without limiting subsection (2), the chief executive may 12 cancel an operator licence if the chief executive is satisfied 13 that-- 14 (a) the licensee holds, or has held, a licence, permit or other 15 authority under an Act administered by a relevant 16 Minister that has been suspended, cancelled or revoked; 17 or 18 (b) the licensee is disqualified from holding a licence, 19 permit or other authority under an Act administered by a 20 relevant Minister; or 21 (c) for a body art tattooing business that is owned or 22 operated by or on behalf of a corporation--the 23 corporation is the subject of a winding-up order or a 24 corporation for which a controller or administrator has 25 been appointed; or 26 (d) the applicant is subject to an order under the Public 27 Health (Infection Control for Personal Appearance 28 Services) Act 2003 made in connection with the carrying 29 out of skin penetration procedures; or 30 (e) a closure order made under section 47 is in force in 31 relation to the licensed premises. 32 (4) The chief executive must not cancel a licence under 33 subsection (2) or (3) without first-- 34 Page 29

 


 

Tattoo Parlours Bill 2013 Part 3 Licensing scheme [s 35] (a) suspending the licence; and 1 (b) considering any reasons given by the licensee under 2 section 33 as to why the licence should not be cancelled. 3 (5) The chief executive may cancel a licence by giving the 4 licensee a QCAT information notice stating that the licence is 5 cancelled and, subject to section 22, the reasons for cancelling 6 it. 7 (6) The decision takes effect on the later of the following-- 8 (a) the day on which the notice is given to the licensee; 9 (b) the day stated in the notice. 10 35 Return of suspended or cancelled licence 11 (1) If the chief executive cancels or suspends a person's licence, 12 the chief executive may give the person a notice requiring the 13 person to return the licence as stated within a stated period, of 14 not less than 14 days. 15 (2) The person must comply with the notice, unless the person 16 has a reasonable excuse. 17 Maximum penalty--20 penalty units. 18 (3) If a licence returned to the chief executive is still current at the 19 end of the suspension period, the chief executive must return 20 the licence to the licensee. 21 Division 7 Keeping of records 22 36 Tattooing procedures log 23 (1) The licensee for an operator licence must ensure a tattooing 24 procedures log is kept, in the approved form, for each 25 calendar year, or part of a calendar year, during which the 26 operator licence is in force. 27 Maximum penalty--100 penalty units. 28 Page 30

 


 

Tattoo Parlours Bill 2013 Part 3 Licensing scheme [s 37] (2) The licensee for an operator licence (or, in the case of a 1 former operator licence, the former licensee) must keep the 2 tattooing procedures log for the licensed premises (or former 3 licensed premises) for 3 years after the end of the calendar 4 year, or part of the calendar year, to which the log relates. 5 Maximum penalty--100 penalty units. 6 37 Tattooists to make contemporaneous entries in tattooing 7 procedures log 8 An individual who performs a body art tattooing procedure, 9 whether or not for a fee or reward, on another individual at 10 licensed premises must ensure a contemporaneous record is 11 made in the tattooing procedures log kept by the holder of the 12 operator licence for the licensed premises of the following 13 particulars concerning the procedure-- 14 (a) the date on which the procedure was performed; 15 (b) the full name and tattooist licence number of the 16 individual performing the procedure; 17 (c) the amount, if any, charged for performing the 18 procedure, the method of payment and receipt number, 19 if any, for the payment. 20 Maximum penalty--200 penalty units. 21 38 Way in which records for licensed premises to be kept 22 (1) The licensee under an operator licence must ensure any record 23 the licensee keeps in connection with the carrying on of a 24 body art tattooing business at the licensed premises-- 25 (a) is kept in the English language and in a way that permits 26 the record to be readily accessible by an authorised 27 officer for inspection; and 28 (b) is kept at the licensed premises at all times. 29 Maximum penalty--200 penalty units. 30 (2) In this section-- 31 Page 31

 


 

Tattoo Parlours Bill 2013 Part 4 Permits relating to unlicensed body art tattooing [s 39] record, in connection with a body art tattooing business, 1 includes any record that is required to be kept or made under 2 this Act. 3 Division 8 Offences relating to licences 4 39 Misuse of licences 5 A person (the first person) must not-- 6 (a) represent, or cause or allow another person to represent, 7 that the first person is a licensee if the first person does 8 not hold a licence; or 9 (b) forge or steal a licence; or 10 (c) deface, damage, alter or destroy a licence without the 11 chief executive's permission; or 12 (d) possess another person's licence without a reasonable 13 excuse. 14 Maximum penalty--40 penalty units. 15 Part 4 Permits relating to unlicensed 16 body art tattooing 17 Division 1 Body art tattooing shows and 18 exhibitions 19 40 Authority conferred by permit 20 A permit granted under this division (an exhibition permit) 21 authorises the permit holder to conduct a body art tattooing 22 show or exhibition, whether on the permit holder's behalf or 23 on behalf of another person-- 24 Page 32

 


 

Tattoo Parlours Bill 2013 Part 4 Permits relating to unlicensed body art tattooing [s 41] (a) at the premises stated in the permit; and 1 (b) under the conditions of the permit; and 2 (c) for the period stated in the permit. 3 41 Application for exhibition permit 4 (1) An application for an exhibition permit must be made to the 5 chief executive. 6 (2) An application for an exhibition permit may only be made by 7 an individual. 8 (3) An application for an exhibition permit for a body art 9 tattooing show or exhibition to be conducted by or on behalf 10 of a corporation, partnership or trust must be made by an 11 individual nominated by the corporation, partners or trustees 12 to be the events manager for the show or exhibition. 13 (4) An application for an exhibition permit may not be made by 14 an individual who-- 15 (a) is under 18 years; or 16 (b) is not an Australian citizen or Australian resident; or 17 (c) is a controlled person. 18 (5) An application for an exhibition permit must-- 19 (a) be in the approved form; and 20 (b) state the full name, date and place of birth, and 21 residential address of the applicant; and 22 (c) be accompanied by evidence of the applicant's identity 23 that is satisfactory to the chief executive; and 24 Example for paragraph (c)-- 25 The chief executive may adopt a system under which-- 26 (a) points are assigned to the applicant for producing particular 27 evidence of identity; and 28 (b) the applicant is required to achieve a total number of points 29 stated by the chief executive. 30 Page 33

 


 

Tattoo Parlours Bill 2013 Part 4 Permits relating to unlicensed body art tattooing [s 42] (d) if the applicant's postal address is different from the 1 applicant's residential address--state the applicant's 2 postal address; and 3 (e) state the proposed commencement date for the permit; 4 and 5 (f) be made at least 28 days before the proposed 6 commencement date; and 7 (g) state the address of the premises at which it is proposed 8 to conduct the show or exhibition; and 9 (h) if the show or exhibition to which the application relates 10 is to be conducted by or on behalf of a corporation, 11 partnership or trust--be accompanied by evidence in the 12 approved form demonstrating the applicant has been 13 nominated by the corporation, partners or trustees to be 14 the events manager; and 15 (i) be accompanied by the fee prescribed under a regulation 16 for the type of show or exhibition concerned. 17 42 Decision about application for exhibition permit 18 (1) The chief executive must, after considering an application for 19 an exhibition permit, decide to-- 20 (a) grant the permit; or 21 (b) refuse to grant the permit. 22 (2) The chief executive must take the following matters into 23 account in deciding whether to grant the permit-- 24 (a) whether the applicant has ever applied for a licence and, 25 if so, any adverse security determinations made by the 26 commissioner in relation to the application; 27 (b) whether the applicant has ever held a licence and, if so, 28 the applicant's licence history, including compliance 29 and complaints history; 30 (c) the body art tattooists likely to participate in the 31 proposed show or exhibition; 32 Page 34

 


 

Tattoo Parlours Bill 2013 Part 4 Permits relating to unlicensed body art tattooing [s 42] (d) the applicant's capacity to ensure participants comply 1 with Acts relating to the performance of body art 2 tattooing procedures. 3 (3) The chief executive must decide not to grant the permit if-- 4 (a) the chief executive is satisfied the application for the 5 permit was not properly made; or 6 (b) the applicant is a controlled person. 7 (4) The permit may be granted subject to conditions. 8 (5) If the chief executive decides to grant the permit, the chief 9 executive must promptly give the applicant-- 10 (a) the permit; and 11 (b) if the permit is granted subject to a condition--a QCAT 12 information notice for the decision to impose the 13 condition. 14 (6) If the chief executive decides to refuse to grant the permit, the 15 chief executive must give the applicant a QCAT information 16 notice for the decision. 17 (7) The permit must state the period, not more than 7 days, during 18 which it is in force. 19 (8) The chief executive may, at any time, revoke the permit, or 20 vary the conditions of the permit, by giving the permit holder 21 a QCAT information notice for the decision. 22 (9) A revocation or variation under subsection (8) takes effect on 23 the later of the following-- 24 (a) the day on which the QCAT information notice is given 25 to the permit holder; 26 (b) the day stated in the QCAT information notice. 27 (10) The chief executive must not grant more than 2 exhibition 28 permits to the same individual, or an individual applying on 29 behalf of the same corporation, partnership or trust, in the 30 same calendar year. 31 Page 35

 


 

Tattoo Parlours Bill 2013 Part 4 Permits relating to unlicensed body art tattooing [s 43] Division 2 Visiting overseas body art tattooists 1 43 Authority conferred by permit 2 A permit granted under this division (a visiting tattooist 3 permit) authorises the permit holder to perform body art 4 tattooing procedures-- 5 (a) under the conditions of the permit; and 6 (b) for the period stated in the permit. 7 44 Application for visiting tattooist permit 8 (1) An application for a visiting tattooist permit to perform body 9 art tattooing procedures must be made to the chief executive. 10 (2) An application for a visiting tattooist permit may only be 11 made by an individual who is not an Australian resident. 12 (3) An application for a visiting tattooist permit may not be made 13 by an individual who-- 14 (a) is under 18 years; or 15 (b) is a controlled person. 16 (4) An application for a visiting tattooist permit must-- 17 (a) be in the approved form, and 18 (b) state the proposed commencement date for the permit; 19 and 20 (c) be made at least 28 days before the proposed 21 commencement date; and 22 (d) state the following-- 23 (i) the full name of the applicant; 24 (ii) the date and place of birth of the applicant; 25 (iii) the address at which the applicant intends to reside 26 while in Australia and, if the applicant's postal 27 address is different from that intended residential 28 address, the applicant's postal address; and 29 Page 36

 


 

Tattoo Parlours Bill 2013 Part 4 Permits relating to unlicensed body art tattooing [s 45] (e) be accompanied by the following-- 1 (i) a copy of the applicant's passport; 2 (ii) a copy of any visa issued to the applicant to enter 3 Australia; 4 (iii) information in the approved form concerning the 5 matter mentioned in section 45(2); 6 (iv) the fee prescribed under a regulation. 7 45 Decision about application for visiting tattooist permit 8 (1) The chief executive must, after considering an application for 9 a visiting tattooist permit, decide to-- 10 (a) grant the permit; or 11 (b) refuse to grant the permit. 12 (2) The chief executive is to take into account, in deciding 13 whether to grant the permit, the applicant's capacity to 14 comply with Acts relating to the performance of body art 15 tattooing procedures. 16 (3) The chief executive must decide not to grant the permit if-- 17 (a) the chief executive is satisfied the application was not 18 properly made; or 19 (b) the applicant is a controlled person. 20 (4) The permit may be granted unconditionally or subject to 21 conditions. 22 (5) If the chief executive decides to grant the permit, the chief 23 executive must promptly give the applicant-- 24 (a) the permit; and 25 (b) if the permit is granted subject to a condition--a QCAT 26 information notice for the decision to impose the 27 condition. 28 (6) If the chief executive decides to refuse to grant the permit, the 29 chief executive must give the applicant a QCAT information 30 notice for the decision. 31 Page 37

 


 

Tattoo Parlours Bill 2013 Part 5 Enforcement [s 46] (7) A permit must state the period, not more than 31 days, during 1 which it is in force. 2 (8) The chief executive may at any time, by notice given to the 3 permit holder, revoke the permit or vary the conditions of the 4 permit. 5 (9) The chief executive may, at any time, revoke the permit, or 6 vary the conditions of the permit, by giving the permit holder 7 a QCAT information notice for the decision. 8 (10) A revocation or variation under subsection (8) takes effect on 9 the later of the following-- 10 (a) the day on which the QCAT information notice is given 11 to the permit holder; 12 (b) the day stated in the QCAT information notice. 13 (11) The chief executive may not grant more than 2 visiting 14 tattooist permits to the same individual in the same calendar 15 year. 16 Part 5 Enforcement 17 Division 1 Closure orders 18 46 Interim closure of unlicensed or illegal tattoo parlours 19 (1) The commissioner may make an order that stated premises be 20 closed (an interim closure order) if-- 21 (a) the commissioner is satisfied a body art tattooing 22 business is being carried on at the premises without the 23 authority of an operator licence; or 24 (b) the commissioner reasonably suspects serious criminal 25 offences are being committed at the premises. 26 (2) The interim closure order must be-- 27 Page 38

 


 

Tattoo Parlours Bill 2013 Part 5 Enforcement [s 47] (a) served on the person apparently in charge of the 1 premises, if any; or 2 (b) posted in a conspicuous place at the entrance to the 3 premises. 4 (3) The interim closure order-- 5 (a) takes effect from the time it is served or posted; and 6 (b) continues until the first of the following happens-- 7 (i) the commissioner revokes it; 8 (ii) the end of 72 hours after it was served or posted. 9 (4) No more than 1 interim closure order may be made for the 10 same premises in a period of 7 days. 11 47 Long-term closure of tattoo parlours 12 (1) A magistrate may, on the application of the commissioner, 13 order that stated premises be closed for a stated period if the 14 magistrate is satisfied that-- 15 (a) a body art tattooing business is being carried on at the 16 premises without the authority of an operator licence; or 17 (b) there have been, or there are likely to be, serious 18 criminal offences committed at or in connection with the 19 premises. 20 (2) An application may be made regardless of whether an interim 21 closure order is, or has been, in force in relation to the 22 premises. 23 48 Body art tattooing business may not be carried on in 24 closed premises 25 (1) A person must not, while a closure order is in force in relation 26 to premises-- 27 (a) carry on a body art tattooing business at the premises; or 28 (b) work as a body art tattooist at those premises. 29 Maximum penalty--100 penalty units. 30 Page 39

 


 

Tattoo Parlours Bill 2013 Part 5 Enforcement [s 49] (2) It is a defence in proceedings for an offence against this 1 section if the person satisfies the court the person did not 2 know, and could not reasonably have been expected to know, a 3 closure order was in force in relation to the premises. 4 Division 2 Powers of entry 5 49 Production of authorised officer's identity card 6 (1) An authorised officer may exercise a power under this 7 division in relation to a person only if the officer first 8 produces or displays the officer's identity card for inspection 9 by the person. 10 (2) If, for any reason, it is not practicable to comply with 11 subsection (1), the authorised officer must produce the 12 identity card for inspection by the person at the first 13 reasonable opportunity. 14 50 Entry of premises by authorised officer 15 (1) An authorised officer may at any reasonable time enter 16 licensed premises, or any other premises the authorised officer 17 reasonably suspects are being used to perform body art 18 tattooing procedures for fee or reward, if-- 19 (a) the occupier of the premises consents to the entry; or 20 (b) it is a public place and the entry is made when the place 21 is open to the public; or 22 (c) the entry is authorised by a warrant; or 23 (d) for licensed premises--the premises are open for 24 carrying on the business or otherwise open for entry. 25 (2) This section does not confer a power to enter premises or a 26 part of premises used only for residential purposes without the 27 consent of the occupier or the authority of a search warrant. 28 (3) Before asking for the consent of an occupier, an authorised 29 officer must give a reasonable explanation to the occupier-- 30 Page 40

 


 

Tattoo Parlours Bill 2013 Part 5 Enforcement [s 51] (a) about the purpose of the entry, including the powers 1 intended to be exercised; and 2 (b) that the occupier is not required to consent; and 3 (c) that the consent may be given subject to conditions and 4 may be withdrawn at any time. 5 51 Warrants 6 (1) An authorised officer may apply to a magistrate for a warrant 7 for a place. 8 (2) The application must-- 9 (a) be sworn; and 10 (b) set out the grounds on which the warrant is sought. 11 (3) The magistrate may refuse to consider the application until the 12 authorised officer gives the magistrate all the information the 13 magistrate requires about the application in the way the 14 magistrate requires. 15 Example-- 16 The magistrate may require that additional information supporting the 17 application be given by a statutory declaration. 18 (4) The magistrate may issue a warrant only if the magistrate is 19 satisfied there are reasonable grounds for suspecting-- 20 (a) there is a particular thing (the evidence) that may 21 provide evidence of the commission of an offence 22 against this Act; and 23 (b) the evidence is, or may be within the next 7 days, at the 24 place. 25 (5) The warrant must state-- 26 (a) that the authorised officer is authorised, with assistance 27 and force that may be necessary and reasonable-- 28 (i) to enter the place; and 29 (ii) to exercise the authorised officer's powers under 30 this Act; and 31 Page 41

 


 

Tattoo Parlours Bill 2013 Part 5 Enforcement [s 52] (b) the evidence for which the warrant is issued; and 1 (c) the hours of the day when entry may be made; and 2 (d) the day, within 14 days after the warrant's issue, on 3 which the warrant stops having effect. 4 52 Authorised officer's general powers in a place 5 (1) After entering a place under section 50, an authorised officer 6 may exercise a power mentioned in subsection (2) only if-- 7 (a) the occupier of the place consents to the exercise of the 8 power; or 9 (b) the entry was authorised by a warrant. 10 (2) The authorised officer may-- 11 (a) search any part of the place; or 12 (b) if entry was authorised by a warrant--seize the evidence 13 for which the warrant was issued; or 14 (c) seize a thing if the authorised officer believes on 15 reasonable grounds-- 16 (i) the thing is evidence of the commission of an 17 offence against this Act; and 18 (ii) the seizure is necessary to prevent-- 19 (A) the concealment, loss or destruction of the 20 thing; or 21 (B) the use of the thing in committing, 22 continuing or repeating an offence against 23 this Act; or 24 (d) inspect, examine, photograph or film anything in or on 25 the place; or 26 (e) take extracts from, or make copies of, any documents in 27 or on the place; or 28 (f) take into or onto the place any person, equipment and 29 materials that the authorised officer reasonably requires 30 Page 42

 


 

Tattoo Parlours Bill 2013 Part 5 Enforcement [s 53] for the purpose of exercising any powers in relation to 1 the place. 2 53 Procedure after thing seized 3 (1) As soon as practicable after a thing is seized by an authorised 4 officer, the authorised officer must give a receipt for it to the 5 person from whom it was seized. 6 (2) The authorised officer must allow a person who would be 7 entitled to the seized thing if it were not in the authorised 8 officer's possession-- 9 (a) to inspect it; or 10 (b) if it is a document--to take extracts from it or make 11 copies of it. 12 (3) The authorised officer must return the seized thing to the 13 person at the end of-- 14 (a) 12 months; or 15 (b) if a prosecution for an offence involving it is started 16 within 12 months--the proceeding for the offence and 17 any appeal from the proceeding. 18 (4) Despite subsection (3), the authorised officer must return the 19 seized thing to the person if the authorised officer is satisfied 20 that-- 21 (a) its retention as evidence is no longer necessary; and 22 (b) its return is not likely to result in its use in repeating the 23 offence. 24 Division 3 Other enforcement provisions 25 54 Production of licences 26 A licensee must not, without reasonable excuse, fail to 27 produce the licensee's licence to an authorised officer if asked 28 to do so by the authorised officer. 29 Page 43

 


 

Tattoo Parlours Bill 2013 Part 6 Review [s 55] Maximum penalty--20 penalty units. 1 55 Obstruction of authorised officer 2 (1) A person must not obstruct an authorised officer exercising a 3 power under this Act unless the person has a reasonable 4 excuse. 5 Maximum penalty--60 penalty units. 6 (2) If a person has obstructed an authorised officer and the officer 7 decides to proceed with the exercise of the power, the officer 8 must, if practicable, warn the person that-- 9 (a) it is an offence to cause an obstruction unless the person 10 has a reasonable excuse; and 11 (b) the officer considers the person's conduct an 12 obstruction. 13 (3) In this section-- 14 obstruct includes assault, hinder, resist, attempt to obstruct 15 and threaten to obstruct. 16 Part 6 Review 17 56 Review by QCAT of particular decisions of chief 18 executive 19 (1) A person, other than a controlled person, may apply to QCAT 20 for a review of a decision of the chief executive to-- 21 (a) refuse to grant a licence to the person; or 22 (b) impose a condition on a licence granted to the person; or 23 (c) suspend or cancel a licence granted to the person; or 24 (d) refuse to grant a permit to the person; or 25 (e) impose a condition on a permit granted to the person; or 26 Page 44

 


 

Tattoo Parlours Bill 2013 Part 6 Review [s 57] (f) revoke, or vary a condition, on a permit granted to the 1 person. 2 (2) The application to QCAT must be made as provided under the 3 QCAT Act. 4 57 Confidentiality of criminal intelligence 5 (1) If the chief executive decides to refuse an application for a 6 licence or decides to suspend or cancel a licence on the 7 ground of an adverse security determination made by the 8 commissioner-- 9 (a) the commissioner is to be a party to any proceedings in 10 QCAT for a review of the decision of the chief 11 executive; and 12 (b) a copy of the report of the commissioner's adverse 13 security determination is to be given to QCAT; and 14 (c) QCAT is not prevented from deciding whether the chief 15 executive made the correct and preferable decision 16 about the application or the licence concerned merely 17 because of the commissioner's adverse security 18 determination; and 19 (d) QCAT is not prevented from deciding whether the 20 commissioner made the correct and preferable decision 21 about the adverse security determination. 22 (2) In any proceedings relating to a review of a decision of the 23 chief executive mentioned in section 56(1), QCAT or the 24 Supreme Court-- 25 (a) must, on the application of the commissioner, take steps 26 to maintain the confidentiality of a criminal intelligence 27 report or other criminal information mentioned in 28 section 20(3), including steps to receive evidence and 29 hear argument about the information in private in the 30 absence of parties to the proceeding and their 31 representatives; and 32 (b) may take evidence consisting of a criminal intelligence 33 report or other criminal information mentioned in 34 Page 45

 


 

Tattoo Parlours Bill 2013 Part 6 Review [s 58] section 20(3) by way of affidavit of a police officer of or 1 above the rank of superintendent. 2 (3) If QCAT considers that information in the commissioner's 3 adverse security determination has not been properly 4 identified as being from a criminal intelligence report or other 5 criminal information mentioned in section 20(3), QCAT must 6 ask the commissioner whether the commissioner wishes to 7 withdraw the information from consideration by QCAT. 8 (4) Information that is withdrawn by the commissioner must not 9 be-- 10 (a) disclosed to any person; or 11 (b) taken into consideration by QCAT. 12 58 Application of Judicial Review Act 1991 13 (1) The Judicial Review Act 1991, part 4 does not apply to a 14 decision of the chief executive mentioned in section 56(1). 15 (2) Subject to section 56, unless the Supreme Court decides that a 16 decision of the chief executive mentioned in section 56(1) is 17 affected by jurisdictional error, the decision-- 18 (a) is final and conclusive; and 19 (b) can not be challenged, appealed against, reviewed, 20 quashed, set aside or called in question in any other way, 21 under the Judicial Review Act 1991 or otherwise 22 (whether by the Supreme Court, or another court, a 23 tribunal or another entity); and 24 (c) is not subject to any declaratory, injunctive or other 25 order of the Supreme Court, another court, a tribunal or 26 another entity on any ground. 27 Page 46

 


 

Tattoo Parlours Bill 2013 Part 7 General [s 59] Part 7 General 1 59 False or misleading statements 2 (1) A person must not state anything to an official that the person 3 knows is false or misleading in a material particular. 4 Maximum penalty--200 penalty units or 2 years 5 imprisonment. 6 (2) In this section-- 7 official means-- 8 (a) the chief executive; or 9 (b) an authorised officer. 10 60 False or misleading documents 11 (1) A person must not give an official a document containing 12 information the person knows is false or misleading in a 13 material particular. 14 Maximum penalty--200 penalty units or 2 years 15 imprisonment. 16 (2) Subsection (1) does not apply to a person if the person, when 17 giving the document-- 18 (a) tells the official, to the best of the person's ability, how it 19 is false or misleading; and 20 (b) if the person has, or can reasonably obtain, the correct 21 information, gives the correct information. 22 (3) In this section-- 23 official means-- 24 (a) the chief executive; or 25 (b) an authorised officer. 26 Page 47

 


 

Tattoo Parlours Bill 2013 Part 7 General [s 61] 61 Exchange of information 1 (1) The chief executive may enter into an arrangement (an 2 information-sharing arrangement) with a relevant agency 3 for the purposes of sharing or exchanging any information 4 that is held by the chief executive or the relevant agency. 5 (2) The information to which an information-sharing arrangement 6 may relate is limited to information that assists in the exercise 7 of the functions of the chief executive or the commissioner 8 under this Act or of the relevant agency. 9 (3) Under an information-sharing arrangement, the chief 10 executive and the relevant agency are, despite an Act or 11 another law, authorised to-- 12 (a) request and receive information that is held by the other 13 party to the arrangement; and 14 (b) disclose that information to the other party. 15 (4) In this section-- 16 relevant agency means any of the following-- 17 (a) the police service; 18 (b) a department; 19 (c) a local government; 20 (d) a person prescribed under a regulation. 21 62 Confidentiality of information 22 (1) A person must not disclose, use or record information gained 23 by the person through involvement in the administration of 24 this Act. 25 Maximum penalty--20 penalty units. 26 (2) Subsection (1) does not apply to-- 27 (a) an act done for the purposes of an Act; or 28 (b) disclosure of information to the commissioner; or 29 Page 48

 


 

Tattoo Parlours Bill 2013 Part 7 General [s 63] (c) disclosure of information ordered by a court or tribunal 1 for a proceeding before it; or 2 (d) disclosure of information under an Act. 3 (3) A person gains information through involvement in the 4 administration of this Act if the person gains the information 5 in the course of, or because of an opportunity provided by, the 6 involvement. 7 (4) The following persons are taken to be involved in the 8 administration of this Act-- 9 (a) the chief executive; 10 (b) authorised officers; 11 (c) the department's public service employees; 12 (d) local government employees. 13 63 Protection from liability 14 (1) An official does not incur civil liability for an act or omission 15 done honestly and without negligence under this Act. 16 (2) A liability that would, apart from this section, attach to an 17 official attaches instead to the State. 18 (3) In this section-- 19 official means-- 20 (a) the chief executive; or 21 (b) an authorised officer; or 22 (c) a person acting under the direction of an authorised 23 officer; or 24 (d) a public service employee. 25 64 Proceeding for offence 26 (1) A proceeding for an offence against this Act is to be taken in a 27 summary way under the Justices Act 1886. 28 (2) A proceeding may be started within-- 29 Page 49

 


 

Tattoo Parlours Bill 2013 Part 7 General [s 65] (a) 1 year after the offence is committed; or 1 (b) 2 years after the offence comes to the complainant's 2 knowledge, but within 3 years after the offence is 3 committed. 4 65 Evidentiary aids 5 (1) A certificate purporting to be signed by the chief executive 6 stating any of the following matters is evidence of the 7 matters-- 8 (a) that on a stated day, or during a stated period, a stated 9 person was, or was not, the holder of a licence; 10 (b) that on a stated day a licence held by a stated person had 11 been cancelled or surrendered; 12 (c) that on a stated day, or during a stated period, a licence 13 held by a stated person was suspended; 14 (d) that on a stated day, or during a stated period, a licence 15 held by a stated person was subject to stated conditions; 16 (e) that on a stated day, or during a stated period, stated 17 premises were, or were not, licensed premises; 18 (f) that on a stated day, or during a stated period, a stated 19 person was, or was not, the holder of a permit; 20 (g) that on a stated day a permit held by a stated person had 21 been revoked or had expired; 22 (h) that on a stated day, or during a stated period, a permit 23 held by a stated person was subject to stated conditions. 24 (2) A certificate purporting to be signed by the commissioner and 25 stating that on a stated day, or during a stated period, stated 26 premises were, or were not, subject to an interim closure 27 order, is evidence of the matter. 28 66 No compensation payable for exercise of regulatory 29 functions 30 (1) No compensation is payable to any person or body for-- 31 Page 50

 


 

Tattoo Parlours Bill 2013 Part 7 General [s 67] (a) the closure of premises under this Act; or 1 (b) a refusal to grant a licence under this Act; or 2 (c) the suspension or cancellation of a licence under this 3 Act; or 4 (d) the exercise of any other function in connection with 5 any such closure, refusal, suspension or cancellation. 6 (2) Subsection (1) extends to the purported exercise in good faith 7 of any of the functions mentioned in that subsection. 8 (3) In this section-- 9 compensation includes damages and any other form of 10 monetary compensation. 11 67 Delegation by chief executive 12 (1) The chief executive may delegate the chief executive's 13 functions under this Act to an appropriately qualified officer 14 or employee of the department. 15 (2) In this section-- 16 function includes power. 17 68 Delegation by commissioner 18 (1) The commissioner may delegate the commissioner's functions 19 under this Act to an appropriately qualified police officer. 20 (2) In this section-- 21 function includes power. 22 69 Approved forms 23 The chief executive may approve forms for use under this Act. 24 70 Regulation-making power 25 (1) The Governor in Council may make regulations under this 26 Act. 27 Page 51

 


 

Tattoo Parlours Bill 2013 Part 8 Transitional provision [s 71] (2) Without limiting subsection (1), a regulation may provide for 1 fees payable under this Act and matters for which fees may be 2 payable. 3 71 Act to be reviewed 4 (1) The Minister must review this Act as soon as reasonably 5 practicable after 3 years after the commencement of this 6 section. 7 (2) The objects of the review include deciding whether the Act is 8 operating effectively. 9 (3) The Minister must appoint an appropriately qualified person 10 to undertake the review. 11 (4) The Minister must, as soon as practicable after finishing the 12 review, table a report about the outcome of the review in the 13 Legislative Assembly. 14 Part 8 Transitional provision 15 72 Making of closure orders pending the commencement of 16 section 6 17 A closure order may not be made on the ground mentioned in 18 section 46(1)(a) or 47(1)(a) until section 6(1) commences. 19 Part 9 Amendment of Liquor Act 1992 20 73 Act amended 21 This part amends the Liquor Act 1992. 22 Page 52

 


 

Tattoo Parlours Bill 2013 Part 8 Transitional provision [s 74] 74 Amendment of s 4 (Definitions) 1 Section 4-- 2 insert-- 3 declared criminal organisation, for part 6, 4 division 5, see section 173EA. 5 prohibited item, for part 6, division 5, see section 6 173EA. 7 75 Insertion of new pt 6, div 5 8 After part 6, division 4-- 9 insert-- 10 Division 5 Prohibited items for 11 declared criminal 12 organisations 13 173EA Definitions for div 5 14 In this division-- 15 declared criminal organisation means an entity 16 declared to be a criminal organisation under the 17 Criminal Code, section 1, definition criminal 18 organisation, paragraph (c). 19 prohibited item means an item of clothing or 20 jewellery or an accessory that displays-- 21 (a) the name of a declared criminal 22 organisation; or 23 (b) the club patch, insignia or logo of a declared 24 criminal organisation; or 25 Note-- 26 The things mentioned in paragraph (b) are also known as 27 the `colours' of the organisation. 28 (c) any image, symbol, abbreviation, acronym 29 or other form of writing that indicates 30 Page 53

 


 

Tattoo Parlours Bill 2013 Part 8 Transitional provision [s 75] membership of, or an association with, a 1 declared criminal organisation, including-- 2 (i) the symbol `1%'; and 3 (ii) the symbol `1%er'; and 4 (iii) any other image, symbol, abbreviation, 5 acronym or other form of writing 6 prescribed under a regulation for this 7 paragraph. 8 173EB Exclusion of persons wearing or carrying 9 prohibited items 10 The following persons must not knowingly allow a 11 person who is wearing or carrying a prohibited item to 12 enter or remain in premises to which a licence or 13 permit relates-- 14 (a) the licensee or permittee for the premises; 15 (b) an approved manager employed by the 16 licensee or permittee; 17 (c) an employee or agent of the licensee or 18 permittee working at the premises. 19 Maximum penalty--100 penalty units. 20 173EC Entering and remaining in licensed 21 premises wearing or carrying a prohibited item 22 A person must not enter or remain in premises to 23 which a licence or permit relates if the person is 24 wearing or carrying a prohibited item. 25 Maximum penalty-- 26 (a) for a first offence--375 penalty units; or 27 (b) for a second offence--525 penalty units or 6 28 months imprisonment; or 29 Page 54

 


 

Tattoo Parlours Bill 2013 Part 8 Transitional provision [s 75] (c) for a third or later offence--750 penalty 1 units or 18 months imprisonment. 2 173ED Removal of person wearing or carrying 3 prohibited item from premises 4 (1) If an authorised person requires a person who is 5 wearing or carrying a prohibited item (the 6 prohibited person) to leave premises to which a 7 licence or permit relates, the prohibited person 8 must immediately leave the premises. 9 Maximum penalty-- 10 (a) for a first offence--375 penalty units; or 11 (b) for a second offence--525 penalty units or 6 12 months imprisonment; or 13 (c) for a third or later offence--750 penalty 14 units or 18 months imprisonment. 15 (2) If the prohibited person fails to leave when 16 required under subsection (1), an authorised 17 person may use necessary and reasonable force to 18 remove the person. 19 (3) The prohibited person must not resist an 20 authorised person who is removing the person 21 under subsection (2). 22 Maximum penalty-- 23 (a) for a first offence--375 penalty units; or 24 (b) for a second offence--525 penalty units or 6 25 months imprisonment; or 26 (c) for a third or later offence--750 penalty 27 units or 18 months imprisonment. 28 (4) In this section-- 29 authorised person means-- 30 (a) the licensee or permittee for the licensed 31 premises; or 32 Page 55

 


 

Tattoo Parlours Bill 2013 Part 8 Transitional provision [s 76] (b) an employee or agent of the licensee or 1 permittee; or 2 (c) a police officer. 3 Part 10 Amendment of Police Powers 4 and Responsibilities Act 2000 5 76 Act amended 6 This part amends the Police Powers and Responsibilities Act 7 2000. 8 77 Amendment of ch 2, pt 3, hdg (Use of drug detection 9 dogs without warrant) 10 Chapter 2, part 3, heading, `drug'-- 11 omit. 12 78 Amendment of s 34 (Definitions for pt 3) 13 (1) Section 34-- 14 insert-- 15 body art tattooing business see the Tattoo 16 Parlours Act 2013, schedule 1. 17 detection dog means-- 18 (a) a drug detection dog; or 19 (b) an explosives detection dog. 20 explosives detection includes-- 21 (a) walking or placing an explosives detection 22 dog in the vicinity of a person to ascertain 23 whether the explosives detection dog can 24 Page 56

 


 

Tattoo Parlours Bill 2013 Part 8 Transitional provision [s 79] detect the scent of explosives or firearms on 1 the person; and 2 (b) walking or placing an explosives detection 3 dog in, on, or in the vicinity of, a vehicle or 4 a thing to ascertain whether the explosives 5 detection dog can detect the scent of 6 explosives or firearms in or on the vehicle or 7 thing. 8 tattoo parlour means a place at which a body art 9 tattooing business is being conducted. 10 (2) Section 34, definition handler, `drug'-- 11 omit. 12 79 Amendment of s 35 (Use of drug detection dogs in 13 particular places) 14 (1) Section 35, heading, `drug'-- 15 omit. 16 (2) Section 35(1)(d)-- 17 omit, insert-- 18 (d) a person who is about to enter, is in, or is 19 leaving, a tattoo parlour; 20 (e) a thing mentioned in paragraph (a), (b), (c) 21 or (d), whether it is in the physical 22 possession of a person or not. 23 (3) Section 35(2)-- 24 renumber as section 35(3). 25 (4) Section 35-- 26 insert-- 27 (2) A handler may, without warrant, use an 28 explosives detection dog to carry out explosives 29 detection in relation to the following persons or 30 things-- 31 Page 57

 


 

Tattoo Parlours Bill 2013 Part 8 Transitional provision [s 80] (a) a person who is about to enter, is in, or is 1 leaving, a tattoo parlour; 2 (b) a thing in a tattoo parlour, whether it is in 3 the physical possession of a person or not. 4 80 Amendment of s 36 (Police officers and drug detection 5 dogs may enter and remain on particular premises) 6 (1) Section 36, heading, `drug'-- 7 omit. 8 (2) Section 36(3)-- 9 renumber as section 36(4). 10 (3) Section 36(1) and (2)-- 11 omit, insert-- 12 (1) For carrying out drug detection under section 13 35(1), a drug detection dog, the drug detection 14 dog's handler and any other police officer may 15 enter and remain on the following places-- 16 (a) licensed premises; 17 (b) a tattoo parlour; 18 (c) a place at which an event is being held; 19 (d) a public place. 20 (2) For carrying out explosives detection under 21 section 35(2), an explosives detection dog, the 22 explosives detection dog's handler and any other 23 police officer may enter and remain on a tattoo 24 parlour. 25 (3) For subsections (1) and (2), the power to enter 26 and remain on a place includes power to enter 27 and remain on land associated with the place. 28 Example of land associated with a place---- 29 land on which car parking is provided for patrons of the 30 place 31 Page 58

 


 

Tattoo Parlours Bill 2013 Part 8 Transitional provision [s 81] 81 Replacement of s 37 (Reasonable suspicion may be 1 based on indication of drug detection dog) 2 Section 37-- 3 omit, insert-- 4 37 Reasonable suspicion may be based on 5 indication of detection dog 6 (1) This section applies if a provision of this Act 7 requires a police officer to form a reasonable 8 suspicion that a person has something, or there is 9 something in a vehicle, that may be an unlawful 10 dangerous drug or explosives or firearms, before 11 the police officer may exercise a power in 12 relation to the person or vehicle. 13 (2) It is sufficient for the police officer to form a 14 reasonable suspicion that the person has 15 something, or there is something in the vehicle, 16 that may be an unlawful dangerous drug or 17 explosives or firearms, if a detection dog 18 indicates it has detected an unlawful dangerous 19 drug or explosives or firearms-- 20 (a) on the person or on, or in, a thing in the 21 person's physical possession; or 22 (b) on or in a thing, not in the person's physical 23 possession but which the police officer 24 reasonably suspects is connected with the 25 person, that is at the place the detection dog 26 is carrying out the drug detection or 27 explosives detection; or 28 (c) in the vehicle. 29 82 Amendment of s 38 (Protection from liability for acts 30 done by drug detection dogs) 31 (1) Section 38, `drug detection'-- 32 omit, insert-- 33 detection 34 Page 59

 


 

Tattoo Parlours Bill 2013 Part 8 Transitional provision [s 83] (2) Section 38(1)(a), `under section 35'-- 1 omit. 2 (3) Section 38(1)(b)(ii), after `unlawful dangerous drug'-- 3 insert-- 4 or explosives or firearms 5 (4) Section 38(3)(b), before `an'-- 6 insert-- 7 for 8 (5) Section 38(7)-- 9 insert-- 10 detection means drug detection under section 11 35(1) or explosives detection under section 35(2). 12 83 Amendment of s 39 (Effect of part on use of drug 13 detection dogs under search warrants) 14 (1) Section 39, heading, `drug'-- 15 omit. 16 (2) Section 39, after `carry out drug detection'-- 17 insert-- 18 , or an explosives detection dog to carry out 19 explosives detection, 20 84 Amendment of sch 6 (Dictionary) 21 (1) Schedule 6-- 22 insert-- 23 body art tattooing business, for ch 2, pt 3, see 24 section 34. 25 detection dog, for ch 2, pt 3, see section 34. 26 Page 60

 


 

Tattoo Parlours Bill 2013 Part 8 Transitional provision [s 85] explosives detection, for ch 2, pt 3, see section 1 34. 2 tattoo parlour, for ch 2, pt 3, see section 34. 3 (2) Schedule 6, definition explosives detection dog, after 4 `explosives'-- 5 insert-- 6 or firearms 7 Part 11 Amendment of this Act 8 85 Amendment of long title 9 Long title, from `and to'-- 10 omit. 11 Page 61

 


 

Tattoo Parlours Bill 2013 Schedule 1 Schedule 1 Dictionary 1 section 3 2 adverse security determination made by the commissioner 3 means-- 4 (a) in relation to an applicant for a licence--a determination 5 of the commissioner that is reported to the chief 6 executive under this Act on either or both of the 7 following-- 8 (i) that the applicant is not a fit and proper person to 9 be granted the licence; 10 (ii) that it would be contrary to the public interest for 11 the applicant to be granted a licence; or 12 (b) in relation to a licensee--a determination of the 13 commissioner that is reported to the chief executive 14 under this Act on either or both of the following-- 15 (i) that the licensee is not a fit and proper person to 16 continue to hold his or her licence; 17 (ii) that it would be contrary to the public interest for 18 the licensee to continue to hold his or her licence. 19 authorised officer means any of the following-- 20 (a) a police officer or any other member of the police 21 service; 22 (b) an inspector appointed under the Fair Trading Act 1989; 23 (c) any other person prescribed under a regulation. 24 body art tattooing business means a business involving the 25 carrying out of body art tattooing procedures, whether or not 26 in combination with other tattooing procedures or with other 27 activities. 28 body art tattooing procedure means a tattooing procedure 29 performed for decorative purposes, but does not include a 30 cosmetic tattooing procedure. 31 Page 62

 


 

Tattoo Parlours Bill 2013 Schedule 1 body art tattooist means an individual who performs body art 1 tattooing procedures. 2 close associate see section 4. 3 closure order, in relation to premises, means-- 4 (a) an interim closure order; or 5 (b) an order made under section 47. 6 commissioner means the commissioner of the police service. 7 controlled person see the Criminal Organisation Act 2009, 8 schedule 2. 9 cosmetic tattooing procedure means any of the following-- 10 (a) a tattooing procedure performed for the purpose of 11 providing the individual on whom it is performed with 12 an eyeliner, eyebrows or any other make up effect on a 13 permanent basis; 14 (b) a tattooing procedure performed by a medical 15 practitioner or for a medical reason including, for 16 example, to hide, disguise or correct a medical condition 17 or a post-operative outcome; 18 (c) any tattooing procedure performed for any other 19 purpose, or in any other circumstances, prescribed under 20 a regulation. 21 employ includes engage under a contract for services or as an 22 apprentice. 23 exhibition permit see section 40. 24 interim closure order see section 46. 25 licence means a licence under this Act. 26 licensed premises, in relation to an operator licence, means 27 the premises to which the licence relates. 28 licensee means the holder of a licence. 29 notice means written notice. 30 operator licence see section 9. 31 permit means a permit under this Act. 32 Page 63

 


 

Tattoo Parlours Bill 2013 Schedule 1 QCAT information notice means a notice complying with the 1 QCAT Act, section 157(2). 2 relevant Minister means-- 3 (a) the Minister responsible for administering the Fair 4 Trading Act 1989; or 5 (b) the Minister responsible for administering the Public 6 Health (Infection Control for Personal Appearance 7 Services) Act 2003; or 8 (c) the Minister responsible for administering the Police 9 Powers and Responsibilities Act 2000. 10 serious criminal offence means-- 11 (a) an offence committed in Queensland that is punishable 12 by imprisonment for 2 years or more; or 13 (b) an offence committed elsewhere than in Queensland 14 that, if committed in Queensland, would be punishable 15 by imprisonment for 2 years or more. 16 staff member, in relation to premises, means an individual 17 employed to work at those premises. 18 tattooing procedure means any procedure involving the 19 making of a permanent mark on or in the skin of a person by 20 means of ink, dye or any other colouring agent. 21 tattooist licence see section 9. 22 visiting tattooist permit see section 43. 23 © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 64

 


[Index] [Search] [Download] [Related Items] [Help]