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s 12

Authorised officers may direct persons

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Part 3Authorised officers may direct providers of tattooing services etc

12 Authorised officers may direct persons

(1)

An authorised officer may give a direction under this section to a person who provides tattooing services for the purpose of averting, eliminating or minimising a risk, or a perceived risk, to the safety of members of the public.

(2)

A direction under this section—

(a)

must be in the form of a written notice served on the person to whom it is issued; and

(b)

must specify the person to whom the direction is given (whether by name or by a description sufficient to identify the person); and

(c)

may direct 2 or more persons to do something specified in the notice jointly; and

(d)

without limiting any other provision, in the case of a direction that relates to the condition of any premises, may be given to any person who—

(i)

is the owner or occupier of the premises; or

(ii)

has the management or control of the premises; and

(e)

must state the purpose for which the direction is given;

and

(f)

may impose any requirement reasonably required for the purpose for which the direction is given, including 1 or more of the following:

(i)

a requirement that the person discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from an authorised officer;

(ii)

a requirement that the person take specified action in a specified way, and within a specified period or at specified times or in specified circumstances;

(iii)

a requirement that the person take action to prevent, eliminate, minimise or control any specified risk to the safety of members of the public;

and

(g)

must contain a statement advising the person to whom the direction is given that he or she is entitled to seek a review of the decision to give the direction in accordance with section 17.

(3)

A person to whom a direction is given under this section must not, without reasonable excuse, refuse or fail to comply with the direction. Maximum penalty: Maximum penalty:

(a)

in the case of a natural person—$100 000 or imprisonment for

1 year; or

(b)

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

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