Tattoo Industry Act 2013 (Qld)

Tattoo Industry Act 2013

An Act to provide for the licensing and regulation of body art tattooing businesses and body art tattooists and other related matters

Part 1 Preliminary

1 Short title This Act may be cited as the Tattoo Industry Act 2013.

2 Commencement This Act, other than part 9, commences on a day to be fixed by proclamation.

3 Main purpose of Act The main purpose of this Act is to regulate the body art tattooing industry to minimise the risk of criminal activity in the industry.

4 Definitions The dictionary in schedule 1 defines particular words used in this Act.

5 Operation of other laws not affected Nothing in this Act limits or restricts the operation of another law providing for the carrying out of tattooing procedures or the carrying on of body art tattooing businesses.

Part 2 Offences relating to unlicensed body art tattooing

6 Body art tattooing businesses to be licensed (1) A person must not carry on a body art tattooing business, whether on the person's own behalf or on behalf of another person, at premises unless the person is authorised to do so by an operator licence. Maximum penalty— (a) for a first offence—500 penalty units; or (b) for a second offence—700 penalty units or 6 months imprisonment; or (c) for a third or later offence—1000 penalty units or 18 months imprisonment. (2) To remove any doubt, it is declared that if a body art tattooing business is carried on, or is proposed to be carried on, at more than 1 premises, a separate operator licence is required to be held by a person for each premises. (3) A person who requires or permits a body art tattooing business to be carried on at premises on the person's behalf in contravention of subsection (1) is guilty of an offence. Maximum penalty— (a) for a first offence—500 penalty units; or (b) for a second offence—700 penalty units or 6 months imprisonment; or (c) for a third or later offence—1000 penalty units or 18 months imprisonment. (4) Subsection (1) does not apply to a person carrying on a body art tattooing business— (a) during the period of 7 business days after the death of a licensee who holds an operator licence for the premises and, if a new application for an operator licence is made during that period, until that application is decided by the chief executive; or (b) during the period of 7 business days after a licensee who holds an operator licence for the premises becomes unable to carry on the business because the licensee is incapacitated and, if a new application is made by another person for an operator licence for the premises during that period, until that application is decided by the chief executive; or (c) under a permit; or (d) otherwise in circumstances prescribed by regulation. (5) It is a defence in proceedings for an offence against subsection (3) if the person satisfies the court the person did not know, and could not reasonably have been expected to know, the body art tattooing business was not being carried on under the authority of an operator licence.