Tattoo Industry Regulation 2023

This regulation is the Tattoo Industry Regulation 2023.

This regulation commences on 1 September 2023.

Note—

This regulation replaces the Tattoo Industry Regulation 2013, which is repealed on 1 September 2023 by the Subordinate Legislation Act 1989, section 10(2).

In this regulation—

tattooing procedures log, in relation to licensed premises, means a tattooing procedures log required to be kept for the premises under section 31.

the Act means the Tattoo Industry Act 2012.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

For the Act, section 3(1), definition of disqualifying offence, paragraph (a), the following offences are prescribed for all permits—

an offence specified in Schedule 4,

an offence under the law of another Australian jurisdiction, or the law of an overseas jurisdiction, that is substantially the same as, or the equivalent of, an offence specified in Schedule 4.

In this part—

authorised participant of a tattooing show—see section 6.

personal details of a person means—

the full name of the person, and

the date and place of birth of the person, and

the residential address of the person, and

if the person’s postal address is different from the residential address—the person’s postal address.

tattooing show means a body art trade show or exhibition to display designs for body art tattooing or demonstrate body art tattooing techniques or services.

tattooing show permit—see section 9(1).

unsuitable individual means an individual who—

is under 18 years of age, or

is a controlled member of a declared organisation, or

Note—

Controlled members are prohibited from applying for permits—see the Crimes (Criminal Organisations Control) Act 2012, section 27.

is a member of a prescribed criminal organisation, or

was a member of a prescribed criminal organisation in the period of 12 months before making the application.

An individual is an authorised participant of a tattooing show if—

the personal details of the individual have been given to the Commissioner by the permit holder for the show at least 14 days before the commencement of the show, and

the individual is not an unsuitable individual, and

the individual has not, in the previous 12 months, been an authorised participant of more than 1 other tattooing show.

An individual stops being an authorised participant of a tattooing show if—

the Commissioner gives written notice to the permit holder for the show stating that the individual is not to be an authorised participant of the show, or

the individual becomes an unsuitable individual, or

the permit holder gives written notice to the Commissioner that the individual is no longer to be an authorised participant of the show.

The Commissioner may give written notice under subsection (2)(a) at any time.

For the Act, section 6(4)(c), the carrying on of the person’s body art tattooing business at premises on which a tattooing show is being conducted by the person is a prescribed circumstance.

For the Act, section 7(2)(b), the following circumstances are prescribed—

the individual carries out the body art tattooing procedure at a tattooing show, and

the individual holds a master licence for premises at which the individual performs body art tattooing procedures as a self-employed individual, or

the individual is an authorised participant of the show,

the individual is an authorised participant of a tattooing show, and

the individual is not an Australian citizen or permanent Australian resident, and

the performance of a body art tattooing procedure for fee or reward is not in breach of a condition of a visa issued to the applicant to enter Australia, and

the individual carries out the body art tattooing procedure at premises for which a master licence is in force, and

the individual has not, in the previous 12 months, performed body art tattooing procedures at premises for which a master licence is in force on more than 31 days in total, and

the individual, when performing body art tattooing procedures at the premises, carries written evidence that the individual is an authorised participant in a show.

The individual must promptly produce the evidence referred to in subsection (1)(b)(v) to an authorised officer if asked to do so by the officer.

For the Act, section 41(2)(c), the Commissioner may grant a permit (a tattooing show permit) authorising the permit holder to conduct a tattooing show—

on the permit holder’s own behalf or on behalf of a corporation, partnership or trust, and

at the premises specified in the permit, and

in accordance with the conditions of the permit, and

for the period specified in the permit.

A tattooing show permit does not confer property rights and cannot be transferred, assigned or mortgaged, charged or otherwise encumbered.

Note—

A non-transferable licence is not personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth. See the definitions of licence and personal property in that Act, section 10.

An individual may apply to the Commissioner for a tattooing show permit.

However, an application must not be made by—

an unsuitable individual, or

Note—

Controlled members are prohibited from applying for permits—see the Crimes (Criminal Organisations Control) Act 2012, section 27.

an individual who is not an Australian citizen or permanent Australian resident.

Note—

See the Crimes Act 1900, Part 5A for offences for the making, giving or production of false and misleading applications, information and documentation.

If a proposed tattooing show will be conducted on behalf of a corporation, partnership or trust, the application must be made by the individual nominated by the corporation, partnership or trust to be the events manager for the show.

The application must—

be in the approved form, and

include the following information—

the personal details of the applicant,

the proposed starting date for the show and the period for which the show is proposed to be conducted,

the address of the premises at which the show is proposed to be held,

if the applicant will be conducting the show on behalf of a corporation, partnership or trust—evidence, in the approved form, of the individual’s nomination as the events manager for the show, and

be accompanied by the application fee for a tattooing show permit specified in Schedule 1, and

be made at least 28 days before the proposed starting date for the show.

The Commissioner may decide an application for a tattooing show permit by—

granting the permit, or

refusing to grant the permit.

The Commissioner may, if the Commissioner considers it appropriate in the circumstances, treat the application as having been withdrawn.

The Commissioner must consider the following matters when deciding the application—

if the applicant has previously applied for a licence under the Act—the decision made in relation to the previous application,

if the applicant has previously held a licence under the Act—the applicant’s licence history, including the applicant’s compliance and complaints history,

the body art tattooists who are likely to participate in the proposed show,

the applicant’s capacity to ensure participants comply with any applicable legislative requirements relating to performing body art tattooing procedures.

The Commissioner must refuse to grant the permit if—

the Commissioner is satisfied the application was not properly made, or

the applicant is an unsuitable individual, or

the tattooing show is proposed to be held at a hotel or club premises within the meaning of the Liquor Act 2007, unless the show is held in a function room within the premises.

The Commissioner may grant the permit unconditionally or subject to conditions.

The permit must state the period, of not more than 7 days, during which the permit is in force.

The Commissioner may, at any time, by written notice to the permit holder—

revoke the permit, or

vary the conditions of the permit.

The Commissioner may not grant more than 2 permits in the same calendar year to—

the same individual, or

an individual applying on behalf of the same corporation, partnership or trust.

The holder of a tattooing show permit must ensure—

a written list of the personal details of each authorised participant of the show is—

kept at the show when the show is open to the public, and

promptly made available to an authorised officer who requests to see the list at any time the show is open to the public, and

no body art tattooing procedure is performed at the show unless the procedure is authorised under—

a licence, or

a tattooing show permit.

Maximum penalty—20 penalty units.