Public Health (Infection Control for Personal Appearance Services) Act 2003

This Act may be cited as the Public Health (Infection Control for Personal Appearance Services) Act 2003.

This Act commences on a day to be fixed by proclamation.

This Act does not apply to a personal appearance service provided in a health-care facility.

This Act binds all persons.

However, except for part 2, division 1, this Act does not bind the State.

Nothing in this Act makes the State liable to be prosecuted for an offence.

No provision of this Act creates a civil cause of action based on a contravention of the provision.

This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.

Without limiting subsection (1), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.

The purpose of this Act is to minimise the risk of infection that may result from the provision of personal appearance services.

The purpose is to be achieved by—

requiring business proprietors and operators to take reasonable precautions and care to minimise infection risks; and

requiring business proprietors whose business provides higher risk personal appearance services to hold a licence; and

requiring operators providing higher risk personal appearance services to hold an infection control qualification; and

providing for compliance with this Act to be monitored and enforced.

The administration and enforcement of this Act is a function of local government for each local government’s local government area.

To remove doubt, it is declared that a local government may do either or both of the following—

make a resolution or local law that is not inconsistent with this Act about the fees payable to it for providing a service or taking action under this Act;

make a local law that is not inconsistent with this Act about any matter dealt with by this Act for which it is necessary or convenient to make provision for carrying out or giving effect to the matter.

A resolution or local law under subsection (2)(a) may only prescribe a fee for providing a service or taking action that—

is not more than the cost to the local government of providing the service or taking the action for which the fee is charged; and

if a fee is prescribed under a regulation for providing the service or taking the action, is not more than the fee prescribed.

Subsection (5) applies if—

the chief executive is satisfied a local government has failed to do anything in the administration or enforcement of this Act; or

a local government and the chief executive agree that the chief executive do anything in the administration or enforcement of this Act.

The chief executive may do the thing and, if subsection (4)(a) applies, the reasonable costs and expenses incurred by the chief executive are a debt payable by the local government to the State.

Without limiting subsections (4) and (5), the chief executive may perform the functions and exercise the powers of a local government including appointing the following to be authorised persons for this Act—

a public service employee in the department;

a health service employee under the Hospital and Health Boards Act 2011.

An appointment under subsection (6) may be made before or after a failure under subsection (4)(a) or an agreement under subsection (4)(b).

The dictionary in schedule 2 defines particular words used in this Act.

Beauty therapy means a procedure, other than hairdressing, intended to maintain, alter or enhance a person’s appearance, including the following—

facial or body treatments;

application of cosmetics;

manicure or pedicure;

application of, or mending, artificial nails;

epilation including by electrolysis or hot or cold wax.

Body piercing means the process of penetrating a person’s skin or mucous membrane with a sharp instrument for the purpose of implanting jewellery or other foreign material through or into the skin or mucous membrane.

However, it does not include the process of piercing a person’s ear or nose with a closed piercing instrument that—

does not come into contact with the person’s skin or mucous membrane; and

is fitted with a sterilised single-use disposable cartridge containing sterilised jewellery and fittings.