Tattoo Industry Act 2012 (NSW)

Tattoo Industry Act 2012 No 32

An Act to provide for the licensing and regulation of body art tattooing businesses and body art tattooists.

Part 1 Preliminary

1 Name of Act This Act is the Tattoo Industry Act 2012.

2 Commencement (1) This Act commences on the date of assent to this Act, except as provided by subsection (2). (2) Part 2 commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act— approved means approved by the Commissioner. authorised officer means any of the following— (a) a police officer, (b) a member of the NSW Police Force, other than a police officer, who is authorised by the Commissioner in writing to exercise the functions of an authorised officer under this Act, (c) any other person (or person belonging to a class of persons) prescribed by the regulations for the purposes of the provision in which the expression is used or generally. body art tattooing business means a business involving the carrying out of body art tattooing procedures (whether or not in combination with other tattooing procedures or with other activities). body art tattooing procedure means a tattooing procedure performed for decorative purposes, but does not include a cosmetic tattooing procedure. body art tattooist means an individual who performs body art tattooing procedures. business day means a day other than a Saturday, Sunday, public holiday or bank holiday in New South Wales. close associate—see section 4. closure order, in relation to premises, means an order made under section 28 or 29. Commissioner means the Commissioner of Police. controlled member of a declared organisation has the same meaning as in the Crimes (Criminal Organisations Control) Act 2012. cosmetic tattooing procedure means any of the following— (a) a tattooing procedure performed for the purpose of providing the individual on whom it is performed with an eyeliner, eyebrows or any other make up effect on a permanent basis, (b) a tattooing procedure performed by a medical practitioner or for a medical reason (for example, to hide, disguise or correct a medical condition or a post-operative outcome), (c) any tattooing procedure performed for any other purpose, or in any other circumstances, prescribed by the regulations. disqualifying offence means an offence prescribed by the regulations to be a disqualifying offence for— (a) all licences and permits, or (b) a type of licence or permit. employ includes engage under a contract for services or as an apprentice. function includes a power, authority or duty, and exercise a function includes perform a duty. interim closure order, in relation to premises, means an order made under section 28. licence means a licence under this Act. licence number, for a licence, means the number included in the licence under section 18. licensed premises, in relation to a master licence, means the premises to which the licence relates. licensee means the holder of a licence. master licence—see section 9. member, of a prescribed criminal organisation, includes the following— (a) a director or an officer of the organisation, (b) an associate member or prospective member, however described, of the organisation, (c) a person who identifies in some way with the organisation, including by wearing or carrying clothing, jewellery or an accessory displaying— (i) the colours, club patch, insignia or image of a prescribed criminal organisation, or (ii) an image, symbol, abbreviation, acronym or other form of writing that indicates membership of, or an association with, a prescribed criminal organisation, (d) a person who is treated by the organisation, or persons who belong to the organisation in some way, as if the person belongs to the organisation. permanent Australian resident means a person resident in Australia whose continued presence in Australia is not subject to a limitation as to time imposed by or in accordance with law. permit means a permit under this Act or the regulations. permit number, for a visiting tattooist permit, means the permit number included in the permit under section 26D. prescribed criminal organisation—see section 4A. serious criminal offence means an offence committed in New South Wales that is punishable by imprisonment for 2 years or more or an offence committed elsewhere that, if it had been committed in New South Wales, would be an offence so punishable. staff member, in relation to premises, means an individual employed to work at those premises. tattooing procedure means any procedure involving the making of a permanent mark on or in the skin of a person by means of ink, dye or any other colouring agent. tattooist licence—see section 9. visiting tattooist permit—see section 26A(1).