{"id":"qld:act-2003-081","name":"Public Health (Infection Control for Personal Appearance Services) Act 2003","slug":"public-health-infection-control-for-personal-appearance-services-act-2003","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"81 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":37504,"registerId":"qld-act-2003-081-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Public Health (Infection Control for Personal Appearance Services) Act 2003 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":3},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Application and purpose of Act","content":"## Application and purpose of Act","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Application of Act","content":"### sec.3 Application of Act\n\nThis Act does not apply to a personal appearance service provided in a health-care facility.","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons.\nHowever, except for part 2 , division 1 , this Act does not bind the State.\nNothing in this Act makes the State liable to be prosecuted for an offence.\n(sec.4-ssec.1) This Act binds all persons.\n(sec.4-ssec.2) However, except for part 2 , division 1 , this Act does not bind the State.\n(sec.4-ssec.3) Nothing in this Act makes the State liable to be prosecuted for an offence.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Contravention of this Act does not create civil cause of action","content":"### sec.5 Contravention of this Act does not create civil cause of action\n\nNo provision of this Act creates a civil cause of action based on a contravention of the provision.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Act does not affect other rights or remedies","content":"### sec.6 Act does not affect other rights or remedies\n\nThis Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.\nWithout 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.\n(sec.6-ssec.1) This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.\n(sec.6-ssec.2) 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.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Purpose of Act","content":"### sec.7 Purpose of Act\n\nThe purpose of this Act is to minimise the risk of infection that may result from the provision of personal appearance services.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"How purpose is to be achieved","content":"### sec.8 How purpose is to be achieved\n\nThe purpose is to be achieved by—\nrequiring business proprietors and operators to take reasonable precautions and care to minimise infection risks; and\nrequiring business proprietors whose business provides higher risk personal appearance services to hold a licence; and\nrequiring operators providing higher risk personal appearance services to hold an infection control qualification; and\nproviding for compliance with this Act to be monitored and enforced.\n- (a) requiring business proprietors and operators to take reasonable precautions and care to minimise infection risks; and\n- (b) requiring business proprietors whose business provides higher risk personal appearance services to hold a licence; and\n- (c) requiring operators providing higher risk personal appearance services to hold an infection control qualification; and\n- (d) providing for compliance with this Act to be monitored and enforced.","sortOrder":10},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"Administration and enforcement","content":"## Administration and enforcement","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Local government to administer Act","content":"### sec.9 Local government to administer Act\n\nThe administration and enforcement of this Act is a function of local government for each local government’s local government area.\nTo remove doubt, it is declared that a local government may do either or both of the following—\nmake 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;\nmake 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.\nA resolution or local law under subsection (2) (a) may only prescribe a fee for providing a service or taking action that—\nis not more than the cost to the local government of providing the service or taking the action for which the fee is charged; and\nif a fee is prescribed under a regulation for providing the service or taking the action, is not more than the fee prescribed.\nSubsection (5) applies if—\nthe chief executive is satisfied a local government has failed to do anything in the administration or enforcement of this Act; or\na local government and the chief executive agree that the chief executive do anything in the administration or enforcement of this Act.\nThe 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.\nWithout 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—\na public service employee in the department;\na health service employee under the Hospital and Health Boards Act 2011 .\nAn appointment under subsection (6) may be made before or after a failure under subsection (4) (a) or an agreement under subsection (4) (b) .\ns 9 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\n(sec.9-ssec.1) The administration and enforcement of this Act is a function of local government for each local government’s local government area.\n(sec.9-ssec.2) 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.\n(sec.9-ssec.3) 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.\n(sec.9-ssec.4) 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.\n(sec.9-ssec.5) 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.\n(sec.9-ssec.6) 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 .\n(sec.9-ssec.7) An appointment under subsection (6) may be made before or after a failure under subsection (4) (a) or an agreement under subsection (4) (b) .\n- (a) 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;\n- (b) 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.\n- (a) 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\n- (b) if a fee is prescribed under a regulation for providing the service or taking the action, is not more than the fee prescribed.\n- (a) the chief executive is satisfied a local government has failed to do anything in the administration or enforcement of this Act; or\n- (b) a local government and the chief executive agree that the chief executive do anything in the administration or enforcement of this Act.\n- (a) a public service employee in the department;\n- (b) a health service employee under the Hospital and Health Boards Act 2011 .","sortOrder":12},{"sectionNumber":"pt.1-div.4","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Definitions","content":"### sec.10 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Meaning of beauty therapy","content":"### sec.11 Meaning of beauty therapy\n\nBeauty therapy means a procedure, other than hairdressing, intended to maintain, alter or enhance a person’s appearance, including the following—\nfacial or body treatments;\napplication of cosmetics;\nmanicure or pedicure;\napplication of, or mending, artificial nails;\nepilation including by electrolysis or hot or cold wax.\n- (a) facial or body treatments;\n- (b) application of cosmetics;\n- (c) manicure or pedicure;\n- (d) application of, or mending, artificial nails;\n- (e) epilation including by electrolysis or hot or cold wax.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Meaning of body piercing","content":"### sec.12 Meaning of body piercing\n\nBody 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.\nHowever, it does not include the process of piercing a person’s ear or nose with a closed piercing instrument that—\ndoes not come into contact with the person’s skin or mucous membrane; and\nis fitted with a sterilised single-use disposable cartridge containing sterilised jewellery and fittings.\n(sec.12-ssec.1) 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.\n(sec.12-ssec.2) 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.\n- (a) does not come into contact with the person’s skin or mucous membrane; and\n- (b) is fitted with a sterilised single-use disposable cartridge containing sterilised jewellery and fittings.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Meaning of hairdressing","content":"### sec.13 Meaning of hairdressing\n\nHairdressing means a procedure intended to maintain, alter or enhance a person’s appearance involving facial or scalp hair and includes cutting, trimming, styling, colouring, treating or shaving the hair.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Meaning of higher risk personal appearance service","content":"### sec.14 Meaning of higher risk personal appearance service\n\nHigher risk personal appearance service means a personal appearance service involving any of the following skin penetration procedures in which the release of blood or other bodily fluid is an expected result—\nbody piercing;\nimplanting natural or synthetic substances into a person’s skin, including, for example, hair or beads;\nscarring or cutting a person’s skin using a sharp instrument to make a permanent mark, pattern or design;\ntattooing;\nanother skin penetration procedure prescribed under a regulation.\n- (a) body piercing;\n- (b) implanting natural or synthetic substances into a person’s skin, including, for example, hair or beads;\n- (c) scarring or cutting a person’s skin using a sharp instrument to make a permanent mark, pattern or design;\n- (d) tattooing;\n- (e) another skin penetration procedure prescribed under a regulation.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Meaning of non-higher risk personal appearance service","content":"### sec.15 Meaning of non-higher risk personal appearance service\n\nNon-higher risk personal appearance service means a personal appearance service other than a higher risk personal appearance service.","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Meaning of personal appearance service","content":"### sec.16 Meaning of personal appearance service\n\nPersonal appearance service means beauty therapy, hairdressing or skin penetration that is provided as part of a business transaction.","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Meaning of skin penetration","content":"### sec.17 Meaning of skin penetration\n\nSkin penetration means a procedure intended to alter or enhance a person’s appearance that involves the piercing, cutting, scarring, scraping, puncturing, or tearing of a person’s skin or mucous membrane with an instrument.","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Meaning of tattooing","content":"### sec.18 Meaning of tattooing\n\nTattooing means the process of penetrating a person’s skin and inserting into it colour pigments to make a permanent mark, pattern or design on the skin.\nTattooing also includes any process that penetrates the skin and inserts into it colour pigments to make a semipermanent mark, pattern or design on the skin including, for example—\nthe process known as cosmetic tattooing; or\nthe process for applying semipermanent make-up.\n(sec.18-ssec.1) Tattooing means the process of penetrating a person’s skin and inserting into it colour pigments to make a permanent mark, pattern or design on the skin.\n(sec.18-ssec.2) Tattooing also includes any process that penetrates the skin and inserts into it colour pigments to make a semipermanent mark, pattern or design on the skin including, for example— the process known as cosmetic tattooing; or the process for applying semipermanent make-up.\n- (a) the process known as cosmetic tattooing; or\n- (b) the process for applying semipermanent make-up.","sortOrder":22},{"sectionNumber":"pt.2","sectionType":"part","heading":"Obligations relating to personal appearance services","content":"# Obligations relating to personal appearance services","sortOrder":23},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Obligations to minimise infection risks for personal appearance services","content":"## Obligations to minimise infection risks for personal appearance services","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Obligation of business proprietor and operator","content":"### sec.19 Obligation of business proprietor and operator\n\nA business proprietor must—\ntake all reasonable precautions and care to minimise the risk of infection (the infection risk ) to the proprietor’s clients; and\nensure each operator employed or otherwise engaged by the proprietor takes all reasonable precautions and care to minimise the infection risk to the proprietor’s clients.\nMaximum penalty—500 penalty units.\nThis provision is an executive liability provision—see section 142 .\nAn operator must take all reasonable precautions and care to minimise the infection risk when providing personal appearance services to a client.\nMaximum penalty—500 penalty units.\nThis provision is an executive liability provision—see section 142 .\nDivision 4 provides for defences relating to this section.\ns 19 amd 2013 No. 51 s 229 sch 1\n(sec.19-ssec.1) A business proprietor must— take all reasonable precautions and care to minimise the risk of infection (the infection risk ) to the proprietor’s clients; and ensure each operator employed or otherwise engaged by the proprietor takes all reasonable precautions and care to minimise the infection risk to the proprietor’s clients. Maximum penalty—500 penalty units. This provision is an executive liability provision—see section 142 .\n(sec.19-ssec.2) An operator must take all reasonable precautions and care to minimise the infection risk when providing personal appearance services to a client. Maximum penalty—500 penalty units. This provision is an executive liability provision—see section 142 .\n(sec.19-ssec.3) Division 4 provides for defences relating to this section.\n- (a) take all reasonable precautions and care to minimise the risk of infection (the infection risk ) to the proprietor’s clients; and\n- (b) ensure each operator employed or otherwise engaged by the proprietor takes all reasonable precautions and care to minimise the infection risk to the proprietor’s clients.","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"How an obligation to minimise an infection risk may be discharged if there is a regulation or infection control guideline","content":"### sec.20 How an obligation to minimise an infection risk may be discharged if there is a regulation or infection control guideline\n\nIf a regulation prescribes a way of minimising an infection risk, a proprietor or operator may discharge the proprietor’s or operator’s obligation relating to the risk only by following the prescribed way.\nSubject to subsection (1) , if infection control guidelines made by the Minister state a way of minimising an infection risk, a business proprietor or operator may discharge the proprietor’s or operator’s obligation to minimise the risk only by—\nadopting and following the stated way; or\nadopting and following another way that minimises the infection risk.\n(sec.20-ssec.1) If a regulation prescribes a way of minimising an infection risk, a proprietor or operator may discharge the proprietor’s or operator’s obligation relating to the risk only by following the prescribed way.\n(sec.20-ssec.2) Subject to subsection (1) , if infection control guidelines made by the Minister state a way of minimising an infection risk, a business proprietor or operator may discharge the proprietor’s or operator’s obligation to minimise the risk only by— adopting and following the stated way; or adopting and following another way that minimises the infection risk.\n- (a) adopting and following the stated way; or\n- (b) adopting and following another way that minimises the infection risk.","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"How an obligation to minimise an infection risk may be discharged if there is no regulation or infection control guideline","content":"### sec.21 How an obligation to minimise an infection risk may be discharged if there is no regulation or infection control guideline\n\nThis section applies if there is no regulation or infection control guideline prescribing or stating a way to discharge a business proprietor’s or operator’s obligation to minimise an infection risk.\nThe proprietor or operator may choose an appropriate way to discharge the proprietor’s or operator’s obligation to minimise the risk.\nHowever, the proprietor or operator discharges the proprietor’s or operator’s obligation to minimise the risk only if the proprietor or operator takes all reasonable precautions and care to minimise the risk.\n(sec.21-ssec.1) This section applies if there is no regulation or infection control guideline prescribing or stating a way to discharge a business proprietor’s or operator’s obligation to minimise an infection risk.\n(sec.21-ssec.2) The proprietor or operator may choose an appropriate way to discharge the proprietor’s or operator’s obligation to minimise the risk.\n(sec.21-ssec.3) However, the proprietor or operator discharges the proprietor’s or operator’s obligation to minimise the risk only if the proprietor or operator takes all reasonable precautions and care to minimise the risk.","sortOrder":27},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Further obligations for higher risk personal appearance services","content":"## Further obligations for higher risk personal appearance services","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Licence required for business providing higher risk personal appearance services","content":"### sec.22 Licence required for business providing higher risk personal appearance services\n\nA person must not carry on business providing higher risk personal appearance services unless the person holds a licence authorising the person to carry on the business.\nMaximum penalty—500 penalty units.","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Premises at which higher risk personal appearance services may be provided","content":"### sec.23 Premises at which higher risk personal appearance services may be provided\n\nA licensee must not provide higher risk personal appearance services from premises unless the premises are stated on the licensee’s licence.\nMaximum penalty—500 penalty units.","sortOrder":30},{"sectionNumber":"sec.24","sectionType":"section","heading":"Particular person must hold infection control qualification","content":"### sec.24 Particular person must hold infection control qualification\n\nA person must not personally provide a higher risk personal appearance service unless the person holds an infection control qualification.\nMaximum penalty—200 penalty units.","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"Business proprietor must ensure particular operator holds an infection control qualification","content":"### sec.25 Business proprietor must ensure particular operator holds an infection control qualification\n\nA business proprietor must ensure an operator employed or otherwise engaged by the proprietor does not provide a higher risk personal appearance service to a client of the proprietor unless the operator holds an infection control qualification.\nMaximum penalty—500 penalty units.","sortOrder":32},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Obligations for non-higher risk personal appearance services","content":"## Obligations for non-higher risk personal appearance services","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":"Business proprietor must notify commencement of business","content":"### sec.26 Business proprietor must notify commencement of business\n\nSubsection (2) applies if a business proprietor starts carrying on business providing non-higher risk personal appearance services in a local government area.\nIf required to do so under a local law of the local government for the local government area, the business proprietor must give notice, as required by this section, to the local government that the proprietor has started carrying on business.\nMaximum penalty—50 penalty units.\nNotice must be given to the local government within 30 days of starting to carrying on business.\nThe notice must state the following particulars—\nthe business proprietor’s name and address;\nthe type of business and the date the business proprietor started carrying on business;\nfor fixed premises, the address of the premises;\nfor mobile premises, a description of the premises that includes the registration number if the premises are a vehicle that is required to be registered.\nA local government must not charge a fee for a notice given under this section.\nIn this section—\naddress means a place where the business proprietor resides or carries on business.\n(sec.26-ssec.1) Subsection (2) applies if a business proprietor starts carrying on business providing non-higher risk personal appearance services in a local government area.\n(sec.26-ssec.2) If required to do so under a local law of the local government for the local government area, the business proprietor must give notice, as required by this section, to the local government that the proprietor has started carrying on business. Maximum penalty—50 penalty units.\n(sec.26-ssec.3) Notice must be given to the local government within 30 days of starting to carrying on business.\n(sec.26-ssec.4) The notice must state the following particulars— the business proprietor’s name and address; the type of business and the date the business proprietor started carrying on business; for fixed premises, the address of the premises; for mobile premises, a description of the premises that includes the registration number if the premises are a vehicle that is required to be registered.\n(sec.26-ssec.5) A local government must not charge a fee for a notice given under this section.\n(sec.26-ssec.6) In this section— address means a place where the business proprietor resides or carries on business.\n- (a) the business proprietor’s name and address;\n- (b) the type of business and the date the business proprietor started carrying on business;\n- (c) for fixed premises, the address of the premises;\n- (d) for mobile premises, a description of the premises that includes the registration number if the premises are a vehicle that is required to be registered.","sortOrder":34},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Defences","content":"## Defences","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"Defences for div 1","content":"### sec.27 Defences for div 1\n\nSubsection (2) applies if—\nthere is a proceeding against a person for an offence against section 19 relating to an infection risk; and\nthere is an infection control guideline in force stating a way of minimising the infection risk; and\nthe prosecution has proved that the person has not adopted or followed the stated way.\nIn the proceeding against the person, it is a defence for the person to prove the person, under section 20 (2) (b) , adopted and followed another way that minimised the infection risk.\nAlso, in a proceeding against a person for an offence against section 19 —\nit is a defence for the person to prove that the commission of the offence was due to causes over which the person had no control; and\nthe Criminal Code , sections 23 and 24 , do not apply.\nIn this section, a reference to an infection control guideline is a reference to the guideline as in force at the time of the alleged offence.\n(sec.27-ssec.1) Subsection (2) applies if— there is a proceeding against a person for an offence against section 19 relating to an infection risk; and there is an infection control guideline in force stating a way of minimising the infection risk; and the prosecution has proved that the person has not adopted or followed the stated way.\n(sec.27-ssec.2) In the proceeding against the person, it is a defence for the person to prove the person, under section 20 (2) (b) , adopted and followed another way that minimised the infection risk.\n(sec.27-ssec.3) Also, in a proceeding against a person for an offence against section 19 — it is a defence for the person to prove that the commission of the offence was due to causes over which the person had no control; and the Criminal Code , sections 23 and 24 , do not apply.\n(sec.27-ssec.4) In this section, a reference to an infection control guideline is a reference to the guideline as in force at the time of the alleged offence.\n- (a) there is a proceeding against a person for an offence against section 19 relating to an infection risk; and\n- (b) there is an infection control guideline in force stating a way of minimising the infection risk; and\n- (c) the prosecution has proved that the person has not adopted or followed the stated way.\n- (a) it is a defence for the person to prove that the commission of the offence was due to causes over which the person had no control; and\n- (b) the Criminal Code , sections 23 and 24 , do not apply.","sortOrder":36},{"sectionNumber":"pt.3","sectionType":"part","heading":"Infection control guidelines","content":"# Infection control guidelines","sortOrder":37},{"sectionNumber":"sec.28","sectionType":"section","heading":"Minister may make infection control guidelines","content":"### sec.28 Minister may make infection control guidelines\n\nThe Minister may make guidelines ( infection control guidelines ) stating ways to minimise infection risks.\nAn infection control guideline has no effect unless the Minister notifies the making of the guideline.\nThe chief executive must keep a copy of each infection control guideline and any document applied, adopted or incorporated by the guidelines available for inspection, without charge, during normal business hours at the part of the department that deals with infection control.\nThe chief executive must, if asked, state where a copy of an infection control guideline may be obtained.\nA notice mentioned in subsection (2) is subordinate legislation.\n(sec.28-ssec.1) The Minister may make guidelines ( infection control guidelines ) stating ways to minimise infection risks.\n(sec.28-ssec.2) An infection control guideline has no effect unless the Minister notifies the making of the guideline.\n(sec.28-ssec.3) The chief executive must keep a copy of each infection control guideline and any document applied, adopted or incorporated by the guidelines available for inspection, without charge, during normal business hours at the part of the department that deals with infection control.\n(sec.28-ssec.4) The chief executive must, if asked, state where a copy of an infection control guideline may be obtained.\n(sec.28-ssec.5) A notice mentioned in subsection (2) is subordinate legislation.","sortOrder":38},{"sectionNumber":"sec.29","sectionType":"section","heading":"Use of infection control guideline in a proceeding","content":"### sec.29 Use of infection control guideline in a proceeding\n\nIn a proceeding under this Act a document purporting to be an infection control guideline is admissible as evidence of the guideline if—\nthe proceeding relates to a contravention of an obligation imposed on a person under section 19 ; and\nit is claimed that the person contravened the obligation by failing to minimise an infection risk; and\nthe infection control guideline is about minimising the infection risk.\n- (a) the proceeding relates to a contravention of an obligation imposed on a person under section 19 ; and\n- (b) it is claimed that the person contravened the obligation by failing to minimise an infection risk; and\n- (c) the infection control guideline is about minimising the infection risk.","sortOrder":39},{"sectionNumber":"pt.4","sectionType":"part","heading":"Licences to carry on business providing higher risk personal appearance services","content":"# Licences to carry on business providing higher risk personal appearance services","sortOrder":40},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Applications for and issue of licences","content":"## Applications for and issue of licences","sortOrder":41},{"sectionNumber":"sec.30","sectionType":"section","heading":"Application for licence","content":"### sec.30 Application for licence\n\nA person may apply for a licence to carry on business providing higher risk personal appearance services.\nThe application must be made to—\nif the services are to be provided from fixed premises—the local government for the area in which the premises are located; or\nif the services are to be provided from mobile premises—any local government.\nAn application may be made under subsection (2) (b) even though services—\nare to be, or may be, provided in another local government area; and\nare not to be, or may not be, provided in the local government area of the local government to which the application is made.\nThe application must comply with section 58 .\n(sec.30-ssec.1) A person may apply for a licence to carry on business providing higher risk personal appearance services.\n(sec.30-ssec.2) The application must be made to— if the services are to be provided from fixed premises—the local government for the area in which the premises are located; or if the services are to be provided from mobile premises—any local government.\n(sec.30-ssec.3) An application may be made under subsection (2) (b) even though services— are to be, or may be, provided in another local government area; and are not to be, or may not be, provided in the local government area of the local government to which the application is made.\n(sec.30-ssec.4) The application must comply with section 58 .\n- (a) if the services are to be provided from fixed premises—the local government for the area in which the premises are located; or\n- (b) if the services are to be provided from mobile premises—any local government.\n- (a) are to be, or may be, provided in another local government area; and\n- (b) are not to be, or may not be, provided in the local government area of the local government to which the application is made.","sortOrder":42},{"sectionNumber":"sec.31","sectionType":"section","heading":"Single licence may cover 2 or more premises","content":"### sec.31 Single licence may cover 2 or more premises\n\nSubject to section 30 , if the person proposes to carry on business from 2 or more premises, the person may apply to a local government for a single licence to cover all the premises.","sortOrder":43},{"sectionNumber":"sec.32","sectionType":"section","heading":"What the application must state","content":"### sec.32 What the application must state\n\nThe application must state the following—\nthe name and address of the applicant or, if the applicant is a corporation, the corporation’s registered office under the Corporations Act and the names of its directors;\nfor fixed premises, the address of the premises;\nfor mobile premises—\na description of the premises that includes the registration number if the premises are a vehicle that is required to be registered; and\nan address, in the local government area of the local government to which the application is made, at which the premises may be inspected for deciding the application;\nan address for service of documents;\nthe details, required in the approved form for the application, to enable the local government to decide whether—\nthe applicant is a suitable person to hold a licence; and\nthe premises at which higher risk personal appearance services are to be provided are suitable for providing the services.\nIn this section—\naddress for service means a place where the applicant resides or intends to carry on business.\n(sec.32-ssec.1) The application must state the following— the name and address of the applicant or, if the applicant is a corporation, the corporation’s registered office under the Corporations Act and the names of its directors; for fixed premises, the address of the premises; for mobile premises— a description of the premises that includes the registration number if the premises are a vehicle that is required to be registered; and an address, in the local government area of the local government to which the application is made, at which the premises may be inspected for deciding the application; an address for service of documents; the details, required in the approved form for the application, to enable the local government to decide whether— the applicant is a suitable person to hold a licence; and the premises at which higher risk personal appearance services are to be provided are suitable for providing the services.\n(sec.32-ssec.2) In this section— address for service means a place where the applicant resides or intends to carry on business.\n- (a) the name and address of the applicant or, if the applicant is a corporation, the corporation’s registered office under the Corporations Act and the names of its directors;\n- (b) for fixed premises, the address of the premises;\n- (c) for mobile premises— (i) a description of the premises that includes the registration number if the premises are a vehicle that is required to be registered; and (ii) an address, in the local government area of the local government to which the application is made, at which the premises may be inspected for deciding the application;\n- (i) a description of the premises that includes the registration number if the premises are a vehicle that is required to be registered; and\n- (ii) an address, in the local government area of the local government to which the application is made, at which the premises may be inspected for deciding the application;\n- (d) an address for service of documents;\n- (e) the details, required in the approved form for the application, to enable the local government to decide whether— (i) the applicant is a suitable person to hold a licence; and (ii) the premises at which higher risk personal appearance services are to be provided are suitable for providing the services.\n- (i) the applicant is a suitable person to hold a licence; and\n- (ii) the premises at which higher risk personal appearance services are to be provided are suitable for providing the services.\n- (i) a description of the premises that includes the registration number if the premises are a vehicle that is required to be registered; and\n- (ii) an address, in the local government area of the local government to which the application is made, at which the premises may be inspected for deciding the application;\n- (i) the applicant is a suitable person to hold a licence; and\n- (ii) the premises at which higher risk personal appearance services are to be provided are suitable for providing the services.","sortOrder":44},{"sectionNumber":"sec.33","sectionType":"section","heading":"Consideration of application for licence","content":"### sec.33 Consideration of application for licence\n\nThe local government must consider the application and either grant, or refuse to grant, the application.","sortOrder":45},{"sectionNumber":"sec.34","sectionType":"section","heading":"Criteria for granting application for licence","content":"### sec.34 Criteria for granting application for licence\n\nThe local government may grant the application for a licence only if the local government is satisfied—\nthe applicant is a suitable person to hold a licence; and\nthe premises at which the higher risk personal appearance services are to be provided are suitable for providing the services.\n- (a) the applicant is a suitable person to hold a licence; and\n- (b) the premises at which the higher risk personal appearance services are to be provided are suitable for providing the services.","sortOrder":46},{"sectionNumber":"sec.35","sectionType":"section","heading":"Suitability of person to hold licence","content":"### sec.35 Suitability of person to hold licence\n\nIn deciding whether a person is a suitable person to hold a licence, the local government may have regard to the following matters—\nwhether the person, or if the person is a corporation, an executive officer of the corporation, has a conviction for a relevant offence, other than a spent conviction;\nwhether the person, or if the person is a corporation, an executive officer of the corporation—\nheld a licence under this division, or a licence or registration under a corresponding law, that was suspended or cancelled; or\nhas been refused a licence under this division or a licence or registration under a corresponding law; or\nhas had an application for the registration of an establishment refused under the Health Regulation 1996 , part 15 ; or\nhas had the registration of an establishment suspended or cancelled under the Health Regulation 1996 , part 15 ;\nanything else relevant to the person’s ability to conduct a business providing higher risk personal appearance services in a way that minimises infection risks.\nIn this section—\ncorresponding law means a law applying, or that applied, in another State, the Commonwealth or a foreign country that provides, or provided for the same matter as this Act or a provision of this Act.\nHealth Regulation 1996, part 15 means the Health Regulation 1996 , part 15 as in force before the commencement of this Act.\nrelevant offence means—\nan indictable offence, other than an indictable offence that is taken to be a simple offence under the Criminal Code , section 659 ; or\nan offence against this Act; or\nan offence against a corresponding law; or\nan offence against—\nthe Medicines and Poisons Act 2019 ; or\nthe repealed Health Act 1937 ; or\na law of another State or the Commonwealth that provides for the same or similar matters as the Act mentioned in subparagraph (i) ; or\nan offence, relating to the provision of higher risk personal appearance services, against a law applying, or that applied, in the State, the Commonwealth, another State or a foreign country.\ns 35 amd 2019 No. 26 s 290 sch 2\n(sec.35-ssec.1) In deciding whether a person is a suitable person to hold a licence, the local government may have regard to the following matters— whether the person, or if the person is a corporation, an executive officer of the corporation, has a conviction for a relevant offence, other than a spent conviction; whether the person, or if the person is a corporation, an executive officer of the corporation— held a licence under this division, or a licence or registration under a corresponding law, that was suspended or cancelled; or has been refused a licence under this division or a licence or registration under a corresponding law; or has had an application for the registration of an establishment refused under the Health Regulation 1996 , part 15 ; or has had the registration of an establishment suspended or cancelled under the Health Regulation 1996 , part 15 ; anything else relevant to the person’s ability to conduct a business providing higher risk personal appearance services in a way that minimises infection risks.\n(sec.35-ssec.2) In this section— corresponding law means a law applying, or that applied, in another State, the Commonwealth or a foreign country that provides, or provided for the same matter as this Act or a provision of this Act. Health Regulation 1996, part 15 means the Health Regulation 1996 , part 15 as in force before the commencement of this Act. relevant offence means— an indictable offence, other than an indictable offence that is taken to be a simple offence under the Criminal Code , section 659 ; or an offence against this Act; or an offence against a corresponding law; or an offence against— the Medicines and Poisons Act 2019 ; or the repealed Health Act 1937 ; or a law of another State or the Commonwealth that provides for the same or similar matters as the Act mentioned in subparagraph (i) ; or an offence, relating to the provision of higher risk personal appearance services, against a law applying, or that applied, in the State, the Commonwealth, another State or a foreign country.\n- (a) whether the person, or if the person is a corporation, an executive officer of the corporation, has a conviction for a relevant offence, other than a spent conviction;\n- (b) whether the person, or if the person is a corporation, an executive officer of the corporation— (i) held a licence under this division, or a licence or registration under a corresponding law, that was suspended or cancelled; or (ii) has been refused a licence under this division or a licence or registration under a corresponding law; or (iii) has had an application for the registration of an establishment refused under the Health Regulation 1996 , part 15 ; or (iv) has had the registration of an establishment suspended or cancelled under the Health Regulation 1996 , part 15 ;\n- (i) held a licence under this division, or a licence or registration under a corresponding law, that was suspended or cancelled; or\n- (ii) has been refused a licence under this division or a licence or registration under a corresponding law; or\n- (iii) has had an application for the registration of an establishment refused under the Health Regulation 1996 , part 15 ; or\n- (iv) has had the registration of an establishment suspended or cancelled under the Health Regulation 1996 , part 15 ;\n- (c) anything else relevant to the person’s ability to conduct a business providing higher risk personal appearance services in a way that minimises infection risks.\n- (i) held a licence under this division, or a licence or registration under a corresponding law, that was suspended or cancelled; or\n- (ii) has been refused a licence under this division or a licence or registration under a corresponding law; or\n- (iii) has had an application for the registration of an establishment refused under the Health Regulation 1996 , part 15 ; or\n- (iv) has had the registration of an establishment suspended or cancelled under the Health Regulation 1996 , part 15 ;\n- (a) an indictable offence, other than an indictable offence that is taken to be a simple offence under the Criminal Code , section 659 ; or\n- (b) an offence against this Act; or\n- (c) an offence against a corresponding law; or\n- (d) an offence against— (i) the Medicines and Poisons Act 2019 ; or (ii) the repealed Health Act 1937 ; or (iii) a law of another State or the Commonwealth that provides for the same or similar matters as the Act mentioned in subparagraph (i) ; or\n- (i) the Medicines and Poisons Act 2019 ; or\n- (ii) the repealed Health Act 1937 ; or\n- (iii) a law of another State or the Commonwealth that provides for the same or similar matters as the Act mentioned in subparagraph (i) ; or\n- (e) an offence, relating to the provision of higher risk personal appearance services, against a law applying, or that applied, in the State, the Commonwealth, another State or a foreign country.\n- (i) the Medicines and Poisons Act 2019 ; or\n- (ii) the repealed Health Act 1937 ; or\n- (iii) a law of another State or the Commonwealth that provides for the same or similar matters as the Act mentioned in subparagraph (i) ; or","sortOrder":47},{"sectionNumber":"sec.36","sectionType":"section","heading":"Suitability of premises at which higher risk personal appearance services are to be provided","content":"### sec.36 Suitability of premises at which higher risk personal appearance services are to be provided\n\nIn deciding whether premises at which higher risk personal appearance services are to be provided are suitable for providing the services, the local government may have regard to all the following matters—\nfor fixed premises—\nwhether a certificate of occupancy under the Building Act 1975 is in force for the premises; and\nwhether the premises comply with the Queensland Development Code, part MP 5.2;\nfor mobile premises, whether the premises would comply with the Queensland Development Code, part MP 5.2 to the extent the part could reasonably apply to mobile premises if mobile premises were a place of business under that part;\nwhether cleaning and waste disposal equipment in the premises will enable safe infection control practices;\nif equipment used in providing the higher risk personal appearance services is to be sterilised in the premises, whether the sterilising equipment will enable safe infection control practices;\nif equipment used in providing the higher risk personal appearance services is not to be sterilised in the premises, whether appropriate arrangements have been made to have the equipment sterilised at another place.\ns 36 amd 2011 No. 41 s 65 ; 2020 No. 24 s 153 s ch 1 pt 2\n- (a) for fixed premises— (i) whether a certificate of occupancy under the Building Act 1975 is in force for the premises; and (ii) whether the premises comply with the Queensland Development Code, part MP 5.2;\n- (i) whether a certificate of occupancy under the Building Act 1975 is in force for the premises; and\n- (ii) whether the premises comply with the Queensland Development Code, part MP 5.2;\n- (b) for mobile premises, whether the premises would comply with the Queensland Development Code, part MP 5.2 to the extent the part could reasonably apply to mobile premises if mobile premises were a place of business under that part;\n- (c) whether cleaning and waste disposal equipment in the premises will enable safe infection control practices;\n- (d) if equipment used in providing the higher risk personal appearance services is to be sterilised in the premises, whether the sterilising equipment will enable safe infection control practices;\n- (e) if equipment used in providing the higher risk personal appearance services is not to be sterilised in the premises, whether appropriate arrangements have been made to have the equipment sterilised at another place.\n- (i) whether a certificate of occupancy under the Building Act 1975 is in force for the premises; and\n- (ii) whether the premises comply with the Queensland Development Code, part MP 5.2;","sortOrder":48},{"sectionNumber":"sec.37","sectionType":"section","heading":"Inquiries into application for licence","content":"### sec.37 Inquiries into application for licence\n\nBefore deciding the application, the local government—\nmay make inquiries to decide the suitability of—\nthe applicant to hold a licence; and\nthe premises for providing higher risk personal appearance services; and\nmay, by notice given to the applicant, require the applicant to give the local government within the reasonable time of at least 40 days stated in the notice, further information or a document the local government reasonably requires to decide the application.\nThe applicant is taken to have withdrawn the application if, within the stated time, the applicant does not comply with a requirement under subsection (1) (b) .\nA notice under subsection (1) (b) must be given to the applicant within 40 days after the local government receives the application.\nThe information or document under subsection (1) (b) must, if the notice requires, be verified by a statutory declaration.\n(sec.37-ssec.1) Before deciding the application, the local government— may make inquiries to decide the suitability of— the applicant to hold a licence; and the premises for providing higher risk personal appearance services; and may, by notice given to the applicant, require the applicant to give the local government within the reasonable time of at least 40 days stated in the notice, further information or a document the local government reasonably requires to decide the application.\n(sec.37-ssec.2) The applicant is taken to have withdrawn the application if, within the stated time, the applicant does not comply with a requirement under subsection (1) (b) .\n(sec.37-ssec.3) A notice under subsection (1) (b) must be given to the applicant within 40 days after the local government receives the application.\n(sec.37-ssec.4) The information or document under subsection (1) (b) must, if the notice requires, be verified by a statutory declaration.\n- (a) may make inquiries to decide the suitability of— (i) the applicant to hold a licence; and (ii) the premises for providing higher risk personal appearance services; and\n- (i) the applicant to hold a licence; and\n- (ii) the premises for providing higher risk personal appearance services; and\n- (b) may, by notice given to the applicant, require the applicant to give the local government within the reasonable time of at least 40 days stated in the notice, further information or a document the local government reasonably requires to decide the application.\n- (i) the applicant to hold a licence; and\n- (ii) the premises for providing higher risk personal appearance services; and","sortOrder":49},{"sectionNumber":"sec.38","sectionType":"section","heading":"Decision on application for licence","content":"### sec.38 Decision on application for licence\n\nIf the local government decides to grant the application, the local government must—\nissue the licence to the applicant; and\nadvise the applicant where a copy of the infection control guidelines may be obtained.\nIf the local government decides to impose conditions on the licence, the local government must immediately give the applicant an information notice for the decision.\nIf the local government decides to refuse to grant the application, the local government must immediately give the applicant an information notice for the decision.\n(sec.38-ssec.1) If the local government decides to grant the application, the local government must— issue the licence to the applicant; and advise the applicant where a copy of the infection control guidelines may be obtained.\n(sec.38-ssec.2) If the local government decides to impose conditions on the licence, the local government must immediately give the applicant an information notice for the decision.\n(sec.38-ssec.3) If the local government decides to refuse to grant the application, the local government must immediately give the applicant an information notice for the decision.\n- (a) issue the licence to the applicant; and\n- (b) advise the applicant where a copy of the infection control guidelines may be obtained.","sortOrder":50},{"sectionNumber":"sec.39","sectionType":"section","heading":"Failure to decide application for licence","content":"### sec.39 Failure to decide application for licence\n\nSubject to subsections (2) and (3) , if the local government fails to decide the application within 40 days after its receipt, the failure is taken to be a decision by the local government to refuse to grant the application.\nSubsection (3) applies if—\na person has made an application for a licence; and\nthe local government has under section 37 (1) (b) , required the applicant to give the local government further information or a document.\nThe local government is taken to have refused to grant the application if the local government does not decide the application within 40 days after the local government receives the further information or document.\nIf the application is refused under this section, the applicant is entitled to be given an information notice by the local government for the decision.\n(sec.39-ssec.1) Subject to subsections (2) and (3) , if the local government fails to decide the application within 40 days after its receipt, the failure is taken to be a decision by the local government to refuse to grant the application.\n(sec.39-ssec.2) Subsection (3) applies if— a person has made an application for a licence; and the local government has under section 37 (1) (b) , required the applicant to give the local government further information or a document.\n(sec.39-ssec.3) The local government is taken to have refused to grant the application if the local government does not decide the application within 40 days after the local government receives the further information or document.\n(sec.39-ssec.4) If the application is refused under this section, the applicant is entitled to be given an information notice by the local government for the decision.\n- (a) a person has made an application for a licence; and\n- (b) the local government has under section 37 (1) (b) , required the applicant to give the local government further information or a document.","sortOrder":51},{"sectionNumber":"sec.40","sectionType":"section","heading":"Term of licence","content":"### sec.40 Term of licence\n\nA licence becomes effective on the day of its issue or renewal and ends either—\n3 years after that day; or\non the earlier day stated in the licence.\nThe earlier day may be decided by the local government.\n(sec.40-ssec.1) A licence becomes effective on the day of its issue or renewal and ends either— 3 years after that day; or on the earlier day stated in the licence.\n(sec.40-ssec.2) The earlier day may be decided by the local government.\n- (a) 3 years after that day; or\n- (b) on the earlier day stated in the licence.","sortOrder":52},{"sectionNumber":"sec.41","sectionType":"section","heading":"Conditions of licence","content":"### sec.41 Conditions of licence\n\nA licence is subject to the following conditions—\nthe licensee must comply with this Act;\nthe licensee must ensure that—\nthe licensee’s licence, or a copy of the licence, is displayed at each of the licensee’s premises so that it is easily visible to a person as the person enters the premises; and\na copy of the infection control guidelines are kept at each premises at which the licensee carries on business; and\neach of the licensee’s fixed premises comply with the Queensland Development Code, part MP 5.2; and\neach of the licensee’s mobile premises comply with the Queensland Development Code, part MP 5.2 to the extent the part could reasonably apply to mobile premises if mobile premises were a place of business under that part; and\nthe fixtures, fittings and equipment in the licensee’s premises are maintained in good repair and operational order;\nSterilising units must be regularly maintained.\nother reasonable conditions the local government considers appropriate to give effect to this Act and that are stated in the licence.\nConditions may be imposed under subsection (1) (c) —\nwhen a licence is issued, renewed, amended or transferred; or\nat another time if the local government considers this is necessary to minimise the infection risk associated with the provision of higher risk personal appearance services under the licensee’s licence.\nIf the local government decides to impose conditions on the licence under subsection (2) (b) , the local government must immediately give the licensee an information notice for the decision.\ns 41 amd 2011 No. 41 s 66\n(sec.41-ssec.1) A licence is subject to the following conditions— the licensee must comply with this Act; the licensee must ensure that— the licensee’s licence, or a copy of the licence, is displayed at each of the licensee’s premises so that it is easily visible to a person as the person enters the premises; and a copy of the infection control guidelines are kept at each premises at which the licensee carries on business; and each of the licensee’s fixed premises comply with the Queensland Development Code, part MP 5.2; and each of the licensee’s mobile premises comply with the Queensland Development Code, part MP 5.2 to the extent the part could reasonably apply to mobile premises if mobile premises were a place of business under that part; and the fixtures, fittings and equipment in the licensee’s premises are maintained in good repair and operational order; Sterilising units must be regularly maintained. other reasonable conditions the local government considers appropriate to give effect to this Act and that are stated in the licence.\n(sec.41-ssec.2) Conditions may be imposed under subsection (1) (c) — when a licence is issued, renewed, amended or transferred; or at another time if the local government considers this is necessary to minimise the infection risk associated with the provision of higher risk personal appearance services under the licensee’s licence.\n(sec.41-ssec.3) If the local government decides to impose conditions on the licence under subsection (2) (b) , the local government must immediately give the licensee an information notice for the decision.\n- (a) the licensee must comply with this Act;\n- (b) the licensee must ensure that— (i) the licensee’s licence, or a copy of the licence, is displayed at each of the licensee’s premises so that it is easily visible to a person as the person enters the premises; and (ii) a copy of the infection control guidelines are kept at each premises at which the licensee carries on business; and (iii) each of the licensee’s fixed premises comply with the Queensland Development Code, part MP 5.2; and (iv) each of the licensee’s mobile premises comply with the Queensland Development Code, part MP 5.2 to the extent the part could reasonably apply to mobile premises if mobile premises were a place of business under that part; and (v) the fixtures, fittings and equipment in the licensee’s premises are maintained in good repair and operational order; Example— Sterilising units must be regularly maintained.\n- (i) the licensee’s licence, or a copy of the licence, is displayed at each of the licensee’s premises so that it is easily visible to a person as the person enters the premises; and\n- (ii) a copy of the infection control guidelines are kept at each premises at which the licensee carries on business; and\n- (iii) each of the licensee’s fixed premises comply with the Queensland Development Code, part MP 5.2; and\n- (iv) each of the licensee’s mobile premises comply with the Queensland Development Code, part MP 5.2 to the extent the part could reasonably apply to mobile premises if mobile premises were a place of business under that part; and\n- (v) the fixtures, fittings and equipment in the licensee’s premises are maintained in good repair and operational order; Example— Sterilising units must be regularly maintained.\n- (c) other reasonable conditions the local government considers appropriate to give effect to this Act and that are stated in the licence.\n- (i) the licensee’s licence, or a copy of the licence, is displayed at each of the licensee’s premises so that it is easily visible to a person as the person enters the premises; and\n- (ii) a copy of the infection control guidelines are kept at each premises at which the licensee carries on business; and\n- (iii) each of the licensee’s fixed premises comply with the Queensland Development Code, part MP 5.2; and\n- (iv) each of the licensee’s mobile premises comply with the Queensland Development Code, part MP 5.2 to the extent the part could reasonably apply to mobile premises if mobile premises were a place of business under that part; and\n- (v) the fixtures, fittings and equipment in the licensee’s premises are maintained in good repair and operational order; Example— Sterilising units must be regularly maintained.\n- (a) when a licence is issued, renewed, amended or transferred; or\n- (b) at another time if the local government considers this is necessary to minimise the infection risk associated with the provision of higher risk personal appearance services under the licensee’s licence.","sortOrder":53},{"sectionNumber":"sec.42","sectionType":"section","heading":"Licensee must comply with licence conditions","content":"### sec.42 Licensee must comply with licence conditions\n\nA licensee must not contravene a condition of the licence.\nMaximum penalty—200 penalty units.\nThe penalty under subsection (1) may be imposed whether or not the licence is suspended or cancelled because of the contravention.\n(sec.42-ssec.1) A licensee must not contravene a condition of the licence. Maximum penalty—200 penalty units.\n(sec.42-ssec.2) The penalty under subsection (1) may be imposed whether or not the licence is suspended or cancelled because of the contravention.","sortOrder":54},{"sectionNumber":"sec.43","sectionType":"section","heading":"Form of licence","content":"### sec.43 Form of licence\n\nA licence must be in the approved form and must state the following particulars—\nthe licensee’s name and address for service of documents;\nfor fixed premises, the address of the premises in the local government area of the local government that issues the licence;\nfor mobile premises, a description of the premises that includes the registration number if the premises are a vehicle that is required to be registered;\nthe day the licence becomes effective;\nthe term of the licence, including the day the licence expires;\nthe licence number;\nthe licence conditions.\nIn this section—\naddress for service means a place where the licensee resides or carries on business.\n(sec.43-ssec.1) A licence must be in the approved form and must state the following particulars— the licensee’s name and address for service of documents; for fixed premises, the address of the premises in the local government area of the local government that issues the licence; for mobile premises, a description of the premises that includes the registration number if the premises are a vehicle that is required to be registered; the day the licence becomes effective; the term of the licence, including the day the licence expires; the licence number; the licence conditions.\n(sec.43-ssec.2) In this section— address for service means a place where the licensee resides or carries on business.\n- (a) the licensee’s name and address for service of documents;\n- (b) for fixed premises, the address of the premises in the local government area of the local government that issues the licence;\n- (c) for mobile premises, a description of the premises that includes the registration number if the premises are a vehicle that is required to be registered;\n- (d) the day the licence becomes effective;\n- (e) the term of the licence, including the day the licence expires;\n- (f) the licence number;\n- (g) the licence conditions.","sortOrder":55},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Renewal of licences","content":"## Renewal of licences","sortOrder":56},{"sectionNumber":"sec.44","sectionType":"section","heading":"Applications for renewal of licence","content":"### sec.44 Applications for renewal of licence\n\nA licensee may apply to the local government that issued a licence for the renewal of the licence.\nThe application must be made within 60 days before the licence ends.\nThe application must comply with section 58 .\nThe local government must consider the application and renew, or refuse to renew, the licence.\nIn deciding whether to grant the application, the local government may have regard to—\nwhether, under section 35 , the applicant is a suitable person to hold the licence; and\nwhether, under section 36 , the premises at which higher risk personal appearance services are to be provided under the licence, if the application is granted, are suitable for providing the services; and\nthe results of inspections to monitor compliance with this Act during the current term of the licence.\nIf the local government decides to refuse to renew the licence, the local government must immediately give the licensee an information notice for the decision.\nIf the local government decides to impose conditions on the licence, the local government must immediately give the licensee an information notice for the decision.\nA licence may be renewed by—\nendorsing the existing licence; or\ncancelling the existing licence and issuing another licence.\ns 44 amd 2022 No. 1 s 107\n(sec.44-ssec.1) A licensee may apply to the local government that issued a licence for the renewal of the licence.\n(sec.44-ssec.2) The application must be made within 60 days before the licence ends.\n(sec.44-ssec.3) The application must comply with section 58 .\n(sec.44-ssec.4) The local government must consider the application and renew, or refuse to renew, the licence.\n(sec.44-ssec.5) In deciding whether to grant the application, the local government may have regard to— whether, under section 35 , the applicant is a suitable person to hold the licence; and whether, under section 36 , the premises at which higher risk personal appearance services are to be provided under the licence, if the application is granted, are suitable for providing the services; and the results of inspections to monitor compliance with this Act during the current term of the licence.\n(sec.44-ssec.6) If the local government decides to refuse to renew the licence, the local government must immediately give the licensee an information notice for the decision.\n(sec.44-ssec.7) If the local government decides to impose conditions on the licence, the local government must immediately give the licensee an information notice for the decision.\n(sec.44-ssec.8) A licence may be renewed by— endorsing the existing licence; or cancelling the existing licence and issuing another licence.\n- (a) whether, under section 35 , the applicant is a suitable person to hold the licence; and\n- (b) whether, under section 36 , the premises at which higher risk personal appearance services are to be provided under the licence, if the application is granted, are suitable for providing the services; and\n- (c) the results of inspections to monitor compliance with this Act during the current term of the licence.\n- (a) endorsing the existing licence; or\n- (b) cancelling the existing licence and issuing another licence.","sortOrder":57},{"sectionNumber":"sec.45","sectionType":"section","heading":"Inquiries into application for renewal of licence","content":"### sec.45 Inquiries into application for renewal of licence\n\nBefore deciding the application, the local government may, by notice given to the licensee, require the licensee to give the local government, within a reasonable period of at least 40 days stated in the notice, further information or a document the local government reasonably requires to decide the application.\nThe licensee is taken to have withdrawn the application if, within the stated period, the licensee does not comply with the requirement.\n(sec.45-ssec.1) Before deciding the application, the local government may, by notice given to the licensee, require the licensee to give the local government, within a reasonable period of at least 40 days stated in the notice, further information or a document the local government reasonably requires to decide the application.\n(sec.45-ssec.2) The licensee is taken to have withdrawn the application if, within the stated period, the licensee does not comply with the requirement.","sortOrder":58},{"sectionNumber":"sec.46","sectionType":"section","heading":"Licence taken to be in force while application for renewal is considered","content":"### sec.46 Licence taken to be in force while application for renewal is considered\n\nIf an application is made under section 44 , the licensee’s licence is taken to continue in force from the day that it would, apart from this section, have ended until the application is—\ndecided under section 44 ; or\ntaken to have been withdrawn under section 45 (2) ; or\notherwise withdrawn.\nHowever, if the application is refused, the licence continues in force until the information notice for the decision is given to the licensee.\nSubsection (1) does not apply if the licence is earlier suspended or cancelled.\ns 46 amd 2022 No. 1 s 108\n(sec.46-ssec.1) If an application is made under section 44 , the licensee’s licence is taken to continue in force from the day that it would, apart from this section, have ended until the application is— decided under section 44 ; or taken to have been withdrawn under section 45 (2) ; or otherwise withdrawn.\n(sec.46-ssec.2) However, if the application is refused, the licence continues in force until the information notice for the decision is given to the licensee.\n(sec.46-ssec.3) Subsection (1) does not apply if the licence is earlier suspended or cancelled.\n- (a) decided under section 44 ; or\n- (b) taken to have been withdrawn under section 45 (2) ; or\n- (c) otherwise withdrawn.","sortOrder":59},{"sectionNumber":"pt.4-div.2A","sectionType":"division","heading":"Restoration of licences","content":"## Restoration of licences","sortOrder":60},{"sectionNumber":"sec.46A","sectionType":"section","heading":"Applications for restoration of licence","content":"### sec.46A Applications for restoration of licence\n\nIf a person’s licence expires, the person may apply to the local government that issued the licence for the restoration of the licence.\nThe application must be made within 30 days after the licence expires.\nThe application must comply with section 58 .\nThe local government must consider the application and decide to—\nrestore the licence; or\nrestore the licence subject to conditions; or\nrefuse to restore the licence.\nIn deciding whether to grant the application, the local government may have regard to—\nwhether, under section 35 , the applicant is a suitable person to hold the licence; and\nwhether, under section 36 , the premises at which higher risk personal appearance services are to be provided under the licence, if the application is granted, are suitable for providing the services; and\nthe results of inspections to monitor compliance with this Act during the term of the licence that ended on the expiry of the licence.\nIf the local government decides to restore the licence, with or without conditions—\nthe local government must give the applicant notice of the decision; and\nthe licence continues in force for the period of up to 3 years stated in the licence, or in the notice mentioned in paragraph (a) , starting on the day the licence would have expired but for section 46C .\nThe local government must immediately give the applicant an information notice for the following decisions—\na decision to restore the licence subject to conditions;\na decision to refuse to restore the licence.\nAn expired licence may be restored, with or without conditions, by—\nendorsing the expired licence with details of the restoration; or\nissuing another licence.\ns 46A ins 2022 No. 1 s 109\n(sec.46A-ssec.1) If a person’s licence expires, the person may apply to the local government that issued the licence for the restoration of the licence.\n(sec.46A-ssec.2) The application must be made within 30 days after the licence expires.\n(sec.46A-ssec.3) The application must comply with section 58 .\n(sec.46A-ssec.4) The local government must consider the application and decide to— restore the licence; or restore the licence subject to conditions; or refuse to restore the licence.\n(sec.46A-ssec.5) In deciding whether to grant the application, the local government may have regard to— whether, under section 35 , the applicant is a suitable person to hold the licence; and whether, under section 36 , the premises at which higher risk personal appearance services are to be provided under the licence, if the application is granted, are suitable for providing the services; and the results of inspections to monitor compliance with this Act during the term of the licence that ended on the expiry of the licence.\n(sec.46A-ssec.6) If the local government decides to restore the licence, with or without conditions— the local government must give the applicant notice of the decision; and the licence continues in force for the period of up to 3 years stated in the licence, or in the notice mentioned in paragraph (a) , starting on the day the licence would have expired but for section 46C .\n(sec.46A-ssec.7) The local government must immediately give the applicant an information notice for the following decisions— a decision to restore the licence subject to conditions; a decision to refuse to restore the licence.\n(sec.46A-ssec.8) An expired licence may be restored, with or without conditions, by— endorsing the expired licence with details of the restoration; or issuing another licence.\n- (a) restore the licence; or\n- (b) restore the licence subject to conditions; or\n- (c) refuse to restore the licence.\n- (a) whether, under section 35 , the applicant is a suitable person to hold the licence; and\n- (b) whether, under section 36 , the premises at which higher risk personal appearance services are to be provided under the licence, if the application is granted, are suitable for providing the services; and\n- (c) the results of inspections to monitor compliance with this Act during the term of the licence that ended on the expiry of the licence.\n- (a) the local government must give the applicant notice of the decision; and\n- (b) the licence continues in force for the period of up to 3 years stated in the licence, or in the notice mentioned in paragraph (a) , starting on the day the licence would have expired but for section 46C .\n- (a) a decision to restore the licence subject to conditions;\n- (b) a decision to refuse to restore the licence.\n- (a) endorsing the expired licence with details of the restoration; or\n- (b) issuing another licence.","sortOrder":61},{"sectionNumber":"sec.46B","sectionType":"section","heading":"Inquiries into application for restoration of licence","content":"### sec.46B Inquiries into application for restoration of licence\n\nBefore deciding the application, the local government may, by notice given to the applicant, require the applicant to give the local government, within a reasonable period of at least 40 days stated in the notice, further information or a document the local government reasonably requires to decide the application.\nThe applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\ns 46B ins 2022 No. 1 s 109\n(sec.46B-ssec.1) Before deciding the application, the local government may, by notice given to the applicant, require the applicant to give the local government, within a reasonable period of at least 40 days stated in the notice, further information or a document the local government reasonably requires to decide the application.\n(sec.46B-ssec.2) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.","sortOrder":62},{"sectionNumber":"sec.46C","sectionType":"section","heading":"Expired licence taken to be in force while application for restoration is considered","content":"### sec.46C Expired licence taken to be in force while application for restoration is considered\n\nIf an application is made under section 46A , the expired licence is taken to be in force—\nfrom the day after the day on which the licence would otherwise have expired; and\nuntil the application is—\ndecided under section 46A ; or\ntaken to have been withdrawn under section 46B (2) ; or\notherwise withdrawn.\nHowever, if the application is refused, the expired licence continues in force until the information notice for the decision is given to the applicant.\nThis section does not apply if the licence is earlier suspended or cancelled.\ns 46C ins 2022 No. 1 s 109\n(sec.46C-ssec.1) If an application is made under section 46A , the expired licence is taken to be in force— from the day after the day on which the licence would otherwise have expired; and until the application is— decided under section 46A ; or taken to have been withdrawn under section 46B (2) ; or otherwise withdrawn.\n(sec.46C-ssec.2) However, if the application is refused, the expired licence continues in force until the information notice for the decision is given to the applicant.\n(sec.46C-ssec.3) This section does not apply if the licence is earlier suspended or cancelled.\n- (a) from the day after the day on which the licence would otherwise have expired; and\n- (b) until the application is— (i) decided under section 46A ; or (ii) taken to have been withdrawn under section 46B (2) ; or (iii) otherwise withdrawn.\n- (i) decided under section 46A ; or\n- (ii) taken to have been withdrawn under section 46B (2) ; or\n- (iii) otherwise withdrawn.\n- (i) decided under section 46A ; or\n- (ii) taken to have been withdrawn under section 46B (2) ; or\n- (iii) otherwise withdrawn.","sortOrder":63},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Amendment of licences","content":"## Amendment of licences","sortOrder":64},{"sectionNumber":"sec.47","sectionType":"section","heading":"Application for amendment of licence","content":"### sec.47 Application for amendment of licence\n\nA licensee may apply to the local government that issued a licence for an amendment of the licence.\nThe application must comply with section 58 .\nThe local government must consider the application and amend, or refuse to amend, the licence.\nWithout limiting subsection (1) , the local government may amend a licence by changing the location of the premises, or adding additional premises, from which the licensee proposes to carry on business providing higher risk personal appearance services.\nIf the amendment relates to the premises covered by the licence, the local government may amend the licence only if the local government is satisfied on reasonable grounds that the premises comply with the requirements of this Act.\nIf the local government decides to refuse to amend the licence, the local government must immediately give the licensee an information notice for the decision.\nIf the local government decides to impose conditions on the amended licence, the local government must immediately give the licensee an information notice for the decision.\nA licence may be amended by—\nendorsing the existing licence with details of the amendment; or\ncancelling the existing licence and issuing another licence containing the amendment.\n(sec.47-ssec.1) A licensee may apply to the local government that issued a licence for an amendment of the licence.\n(sec.47-ssec.2) The application must comply with section 58 .\n(sec.47-ssec.3) The local government must consider the application and amend, or refuse to amend, the licence.\n(sec.47-ssec.4) Without limiting subsection (1) , the local government may amend a licence by changing the location of the premises, or adding additional premises, from which the licensee proposes to carry on business providing higher risk personal appearance services.\n(sec.47-ssec.5) If the amendment relates to the premises covered by the licence, the local government may amend the licence only if the local government is satisfied on reasonable grounds that the premises comply with the requirements of this Act.\n(sec.47-ssec.6) If the local government decides to refuse to amend the licence, the local government must immediately give the licensee an information notice for the decision.\n(sec.47-ssec.7) If the local government decides to impose conditions on the amended licence, the local government must immediately give the licensee an information notice for the decision.\n(sec.47-ssec.8) A licence may be amended by— endorsing the existing licence with details of the amendment; or cancelling the existing licence and issuing another licence containing the amendment.\n- (a) endorsing the existing licence with details of the amendment; or\n- (b) cancelling the existing licence and issuing another licence containing the amendment.","sortOrder":65},{"sectionNumber":"sec.48","sectionType":"section","heading":"Inquiries into application for amendment","content":"### sec.48 Inquiries into application for amendment\n\nBefore deciding the application, the local government may, by notice given to the licensee, require the licensee to give the local government, within a reasonable period of at least 40 days stated in the notice, further information or a document the local government reasonably requires to decide the application.\nThe licensee is taken to have withdrawn the application if, within the stated period, the licensee does not comply with the requirement.\n(sec.48-ssec.1) Before deciding the application, the local government may, by notice given to the licensee, require the licensee to give the local government, within a reasonable period of at least 40 days stated in the notice, further information or a document the local government reasonably requires to decide the application.\n(sec.48-ssec.2) The licensee is taken to have withdrawn the application if, within the stated period, the licensee does not comply with the requirement.","sortOrder":66},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Transfer of licences","content":"## Transfer of licences","sortOrder":67},{"sectionNumber":"sec.49","sectionType":"section","heading":"Application for transfer of licence","content":"### sec.49 Application for transfer of licence\n\nA licensee may apply to the local government that issued a licence for the transfer of the licence.\nThe application must comply with section 58 .\nThe local government must consider the application and either grant or refuse to grant the application.\nThe local government may grant the application only if the local government is satisfied—\nthe proposed transferee is a suitable person to hold a licence; and\nthe premises at which the higher risk personal appearance services are to be provided are suitable for providing the services.\nIn deciding whether to grant the application, the local government may, in relation to the proposed transferee, have regard to the matters to which the local government may have regard in deciding whether a person is a suitable person to hold a licence and whether the premises are suitable for providing higher risk personal appearance services.\nSee section 35 in relation to the matters a local government may have regard to in deciding whether a person is a suitable person to hold a licence.\nSee section 36 in relation to the matters a local government may have regard to in deciding whether premises at which higher risk personal appearance services are to be provided are suitable for providing the services.\nIf the local government decides to refuse to transfer the licence, the local government must immediately give the licensee an information notice for the decision.\nIf the local government decides to impose conditions on the transferred licence, the local government must immediately give the transferee an information notice for the decision.\nA licence may be transferred by—\nendorsing the existing licence with details of the transfer; or\ncancelling the existing licence and issuing another licence to the transferee.\ns 49 amd 2022 No. 1 s 117 s ch 1 pt 2\n(sec.49-ssec.1) A licensee may apply to the local government that issued a licence for the transfer of the licence.\n(sec.49-ssec.2) The application must comply with section 58 .\n(sec.49-ssec.3) The local government must consider the application and either grant or refuse to grant the application.\n(sec.49-ssec.4) The local government may grant the application only if the local government is satisfied— the proposed transferee is a suitable person to hold a licence; and the premises at which the higher risk personal appearance services are to be provided are suitable for providing the services.\n(sec.49-ssec.5) In deciding whether to grant the application, the local government may, in relation to the proposed transferee, have regard to the matters to which the local government may have regard in deciding whether a person is a suitable person to hold a licence and whether the premises are suitable for providing higher risk personal appearance services. See section 35 in relation to the matters a local government may have regard to in deciding whether a person is a suitable person to hold a licence. See section 36 in relation to the matters a local government may have regard to in deciding whether premises at which higher risk personal appearance services are to be provided are suitable for providing the services.\n(sec.49-ssec.6) If the local government decides to refuse to transfer the licence, the local government must immediately give the licensee an information notice for the decision.\n(sec.49-ssec.7) If the local government decides to impose conditions on the transferred licence, the local government must immediately give the transferee an information notice for the decision.\n(sec.49-ssec.8) A licence may be transferred by— endorsing the existing licence with details of the transfer; or cancelling the existing licence and issuing another licence to the transferee.\n- (a) the proposed transferee is a suitable person to hold a licence; and\n- (b) the premises at which the higher risk personal appearance services are to be provided are suitable for providing the services.\n- 1 See section 35 in relation to the matters a local government may have regard to in deciding whether a person is a suitable person to hold a licence.\n- 2 See section 36 in relation to the matters a local government may have regard to in deciding whether premises at which higher risk personal appearance services are to be provided are suitable for providing the services.\n- (a) endorsing the existing licence with details of the transfer; or\n- (b) cancelling the existing licence and issuing another licence to the transferee.","sortOrder":68},{"sectionNumber":"sec.50","sectionType":"section","heading":"Inquiries into application for transfer of licence","content":"### sec.50 Inquiries into application for transfer of licence\n\nBefore deciding the application, the local government may, by notice given to the licensee, require the licensee to give the local government, within a reasonable period of at least 40 days stated in the notice, further information or a document the local government reasonably requires to decide the application.\nThe licensee is taken to have withdrawn the application if, within the stated period, the licensee does not comply with the requirement.\n(sec.50-ssec.1) Before deciding the application, the local government may, by notice given to the licensee, require the licensee to give the local government, within a reasonable period of at least 40 days stated in the notice, further information or a document the local government reasonably requires to decide the application.\n(sec.50-ssec.2) The licensee is taken to have withdrawn the application if, within the stated period, the licensee does not comply with the requirement.","sortOrder":69},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Suspension or cancellation of licences","content":"## Suspension or cancellation of licences","sortOrder":70},{"sectionNumber":"sec.51","sectionType":"section","heading":"Grounds for suspension or cancellation","content":"### sec.51 Grounds for suspension or cancellation\n\nEach of the following is a ground for suspending or cancelling a licence—\nthe licensee is not, or is no longer, a suitable person to hold the licence;\nthe licensee has contravened a condition of the licence;\nthe licence was issued because of a materially false or misleading representation or declaration.\nFor forming a belief that the ground mentioned in subsection (1) (a) exists, the local government may have regard to the matters to which the local government may have regard in deciding whether a proposed licensee is a suitable person to hold the licence.\nSee section 35 in relation to the matters a local government may have regard to in deciding whether a person is a suitable person to hold a licence.\ns 51 amd 2022 No. 1 s 117 s ch 1 pt 2\n(sec.51-ssec.1) Each of the following is a ground for suspending or cancelling a licence— the licensee is not, or is no longer, a suitable person to hold the licence; the licensee has contravened a condition of the licence; the licence was issued because of a materially false or misleading representation or declaration.\n(sec.51-ssec.2) For forming a belief that the ground mentioned in subsection (1) (a) exists, the local government may have regard to the matters to which the local government may have regard in deciding whether a proposed licensee is a suitable person to hold the licence. See section 35 in relation to the matters a local government may have regard to in deciding whether a person is a suitable person to hold a licence.\n- (a) the licensee is not, or is no longer, a suitable person to hold the licence;\n- (b) the licensee has contravened a condition of the licence;\n- (c) the licence was issued because of a materially false or misleading representation or declaration.","sortOrder":71},{"sectionNumber":"sec.52","sectionType":"section","heading":"Show cause notice","content":"### sec.52 Show cause notice\n\nThis section applies if the local government that issued a licence believes a ground exists to suspend or cancel the licence, and—\nthe licensee has not been given, and it is not intended to give the licensee, a remedial notice about a matter to which the ground relates; or\nthe licensee has been given a remedial notice about a matter to which the ground relates and the licensee has failed, without a reasonable excuse, to comply with the notice.\nThe local government must give the licensee a notice under this section (a show cause notice ).\nThe show cause notice must state the following—\nthe action (the proposed action ) the local government proposes taking under this division;\nthe grounds for the proposed action;\nan outline of the facts and circumstances forming the basis for the grounds;\nif the proposed action is suspension of the licence—the proposed suspension period;\nan invitation to the licensee to show within a stated period (the show cause period ) why the proposed action should not be taken.\nThe show cause period must be a period ending at least 21 days after the show cause notice is given to the licensee.\n(sec.52-ssec.1) This section applies if the local government that issued a licence believes a ground exists to suspend or cancel the licence, and— the licensee has not been given, and it is not intended to give the licensee, a remedial notice about a matter to which the ground relates; or the licensee has been given a remedial notice about a matter to which the ground relates and the licensee has failed, without a reasonable excuse, to comply with the notice.\n(sec.52-ssec.2) The local government must give the licensee a notice under this section (a show cause notice ).\n(sec.52-ssec.3) The show cause notice must state the following— the action (the proposed action ) the local government proposes taking under this division; the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; if the proposed action is suspension of the licence—the proposed suspension period; an invitation to the licensee to show within a stated period (the show cause period ) why the proposed action should not be taken.\n(sec.52-ssec.4) The show cause period must be a period ending at least 21 days after the show cause notice is given to the licensee.\n- (a) the licensee has not been given, and it is not intended to give the licensee, a remedial notice about a matter to which the ground relates; or\n- (b) the licensee has been given a remedial notice about a matter to which the ground relates and the licensee has failed, without a reasonable excuse, to comply with the notice.\n- (a) the action (the proposed action ) the local government proposes taking under this division;\n- (b) the grounds for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) if the proposed action is suspension of the licence—the proposed suspension period;\n- (e) an invitation to the licensee to show within a stated period (the show cause period ) why the proposed action should not be taken.","sortOrder":72},{"sectionNumber":"sec.53","sectionType":"section","heading":"Representations about show cause notices","content":"### sec.53 Representations about show cause notices\n\nThe licensee may make written representations about the show cause notice to the local government in the show cause period.\nThe local government must consider all representations (the accepted representations ) made under subsection (1) .\n(sec.53-ssec.1) The licensee may make written representations about the show cause notice to the local government in the show cause period.\n(sec.53-ssec.2) The local government must consider all representations (the accepted representations ) made under subsection (1) .","sortOrder":73},{"sectionNumber":"sec.54","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.54 Ending show cause process without further action\n\nThis section applies if, after considering the accepted representations for the show cause notice, the local government no longer believes a ground exists to suspend or cancel the licence.\nThe local government must not take any further action about the show cause notice.\nThe local government must give the licensee a notice that no further action is to be taken about the show cause notice.\n(sec.54-ssec.1) This section applies if, after considering the accepted representations for the show cause notice, the local government no longer believes a ground exists to suspend or cancel the licence.\n(sec.54-ssec.2) The local government must not take any further action about the show cause notice.\n(sec.54-ssec.3) The local government must give the licensee a notice that no further action is to be taken about the show cause notice.","sortOrder":74},{"sectionNumber":"sec.55","sectionType":"section","heading":"Suspension or cancellation","content":"### sec.55 Suspension or cancellation\n\nThis section applies if, after considering the accepted representations for the show cause notice, the local government—\nstill believes a ground exists to suspend or cancel the licence; and\nbelieves suspension or cancellation of the licence is warranted.\nThis section also applies if there are no accepted representations for the show cause notice.\nThe local government may—\nif the proposed action stated in the show cause notice was to suspend the licence for a stated period—suspend the licence for not longer than the stated period; or\nif the proposed action stated in the show cause notice was to cancel the licence—either cancel the licence or suspend it for a period.\nThe local government must immediately give an information notice for the decision to the licensee.\nThe decision takes effect on the later of the following days—\nthe day the information notice is given to the licensee;\nthe day stated in the information notice for that purpose.\n(sec.55-ssec.1) This section applies if, after considering the accepted representations for the show cause notice, the local government— still believes a ground exists to suspend or cancel the licence; and believes suspension or cancellation of the licence is warranted.\n(sec.55-ssec.2) This section also applies if there are no accepted representations for the show cause notice.\n(sec.55-ssec.3) The local government may— if the proposed action stated in the show cause notice was to suspend the licence for a stated period—suspend the licence for not longer than the stated period; or if the proposed action stated in the show cause notice was to cancel the licence—either cancel the licence or suspend it for a period.\n(sec.55-ssec.4) The local government must immediately give an information notice for the decision to the licensee.\n(sec.55-ssec.5) The decision takes effect on the later of the following days— the day the information notice is given to the licensee; the day stated in the information notice for that purpose.\n- (a) still believes a ground exists to suspend or cancel the licence; and\n- (b) believes suspension or cancellation of the licence is warranted.\n- (a) if the proposed action stated in the show cause notice was to suspend the licence for a stated period—suspend the licence for not longer than the stated period; or\n- (b) if the proposed action stated in the show cause notice was to cancel the licence—either cancel the licence or suspend it for a period.\n- (a) the day the information notice is given to the licensee;\n- (b) the day stated in the information notice for that purpose.","sortOrder":75},{"sectionNumber":"sec.56","sectionType":"section","heading":"Immediate suspension of licence","content":"### sec.56 Immediate suspension of licence\n\nThe local government may suspend a licence immediately if the local government believes—\na ground exists to suspend or cancel the licence; and\nit is necessary to suspend the licence immediately because there is an immediate and serious risk of infection to the licensee’s clients.\nThe suspension—\nmust be effected by an information notice given by the local government to the licensee about the decision to suspend the licensee’s licence together with a show cause notice; and\noperates immediately the notices are given; and\ncontinues to operate until the earliest of the following happens—\nthe local government cancels the remaining period of the suspension;\nthe show cause notice is finally dealt with;\n40 days have passed since the notices were given to the licensee.\nSubsection (4) applies if—\na suspension under this section stops because—\nthe local government cancels the remaining period of the suspension; or\nthe show cause notice is finally dealt with by a decision being made not to cancel or suspend the licence; or\n40 days have passed since the notices mentioned in subsection (2) (a) were given to the licensee; and\nthe licensee has returned the licence to the local government under section 57 .\nThe local government must, as soon as practicable, give the licence to the licensee.\n(sec.56-ssec.1) The local government may suspend a licence immediately if the local government believes— a ground exists to suspend or cancel the licence; and it is necessary to suspend the licence immediately because there is an immediate and serious risk of infection to the licensee’s clients.\n(sec.56-ssec.2) The suspension— must be effected by an information notice given by the local government to the licensee about the decision to suspend the licensee’s licence together with a show cause notice; and operates immediately the notices are given; and continues to operate until the earliest of the following happens— the local government cancels the remaining period of the suspension; the show cause notice is finally dealt with; 40 days have passed since the notices were given to the licensee.\n(sec.56-ssec.3) Subsection (4) applies if— a suspension under this section stops because— the local government cancels the remaining period of the suspension; or the show cause notice is finally dealt with by a decision being made not to cancel or suspend the licence; or 40 days have passed since the notices mentioned in subsection (2) (a) were given to the licensee; and the licensee has returned the licence to the local government under section 57 .\n(sec.56-ssec.4) The local government must, as soon as practicable, give the licence to the licensee.\n- (a) a ground exists to suspend or cancel the licence; and\n- (b) it is necessary to suspend the licence immediately because there is an immediate and serious risk of infection to the licensee’s clients.\n- (a) must be effected by an information notice given by the local government to the licensee about the decision to suspend the licensee’s licence together with a show cause notice; and\n- (b) operates immediately the notices are given; and\n- (c) continues to operate until the earliest of the following happens— (i) the local government cancels the remaining period of the suspension; (ii) the show cause notice is finally dealt with; (iii) 40 days have passed since the notices were given to the licensee.\n- (i) the local government cancels the remaining period of the suspension;\n- (ii) the show cause notice is finally dealt with;\n- (iii) 40 days have passed since the notices were given to the licensee.\n- (i) the local government cancels the remaining period of the suspension;\n- (ii) the show cause notice is finally dealt with;\n- (iii) 40 days have passed since the notices were given to the licensee.\n- (a) a suspension under this section stops because— (i) the local government cancels the remaining period of the suspension; or (ii) the show cause notice is finally dealt with by a decision being made not to cancel or suspend the licence; or (iii) 40 days have passed since the notices mentioned in subsection (2) (a) were given to the licensee; and\n- (i) the local government cancels the remaining period of the suspension; or\n- (ii) the show cause notice is finally dealt with by a decision being made not to cancel or suspend the licence; or\n- (iii) 40 days have passed since the notices mentioned in subsection (2) (a) were given to the licensee; and\n- (b) the licensee has returned the licence to the local government under section 57 .\n- (i) the local government cancels the remaining period of the suspension; or\n- (ii) the show cause notice is finally dealt with by a decision being made not to cancel or suspend the licence; or\n- (iii) 40 days have passed since the notices mentioned in subsection (2) (a) were given to the licensee; and","sortOrder":76},{"sectionNumber":"sec.57","sectionType":"section","heading":"Return of cancelled or suspended licence to local government","content":"### sec.57 Return of cancelled or suspended licence to local government\n\nThis section applies if the local government has cancelled or suspended a licence and given an information notice for the decision to the licensee.\nThe licensee must return the licence to the local government within 7 days after receiving the information notice, unless the licensee has a reasonable excuse.\nMaximum penalty for subsection (2) —20 penalty units.\n(sec.57-ssec.1) This section applies if the local government has cancelled or suspended a licence and given an information notice for the decision to the licensee.\n(sec.57-ssec.2) The licensee must return the licence to the local government within 7 days after receiving the information notice, unless the licensee has a reasonable excuse. Maximum penalty for subsection (2) —20 penalty units.","sortOrder":77},{"sectionNumber":"pt.4-div.6","sectionType":"division","heading":"Other provisions about licences","content":"## Other provisions about licences","sortOrder":78},{"sectionNumber":"sec.58","sectionType":"section","heading":"Applications","content":"### sec.58 Applications\n\nThis section applies to the following applications—\nan application for a licence under section 30 ;\nan application for the renewal of a licence under section 44 ;\nan application for the restoration of a licence under section 46A ;\nan application for an amendment of a licence under section 47 ;\nan application for the transfer of a licence under section 49 .\nThe application must—\nbe in the approved form; and\nbe signed by or for the applicant; and\nbe accompanied by the fee for the application.\ns 58 amd 2022 No. 1 s 110\n(sec.58-ssec.1) This section applies to the following applications— an application for a licence under section 30 ; an application for the renewal of a licence under section 44 ; an application for the restoration of a licence under section 46A ; an application for an amendment of a licence under section 47 ; an application for the transfer of a licence under section 49 .\n(sec.58-ssec.2) The application must— be in the approved form; and be signed by or for the applicant; and be accompanied by the fee for the application.\n- (a) an application for a licence under section 30 ;\n- (b) an application for the renewal of a licence under section 44 ;\n- (c) an application for the restoration of a licence under section 46A ;\n- (d) an application for an amendment of a licence under section 47 ;\n- (e) an application for the transfer of a licence under section 49 .\n- (a) be in the approved form; and\n- (b) be signed by or for the applicant; and\n- (c) be accompanied by the fee for the application.","sortOrder":79},{"sectionNumber":"sec.59","sectionType":"section","heading":"Licence issued to more than 1 person","content":"### sec.59 Licence issued to more than 1 person\n\nIf a licence is issued jointly to more than 1 person, a reference in this Act to the licensee is a reference to each of the persons.","sortOrder":80},{"sectionNumber":"sec.60","sectionType":"section","heading":"Surrender of licence","content":"### sec.60 Surrender of licence\n\nA licensee may surrender the licence by notice given to the local government that issued the licence.\nThe licence must accompany the notice.\nThe surrender takes effect on the later of the following—\nthe day the notice is given;\nthe day specified in the notice.\n(sec.60-ssec.1) A licensee may surrender the licence by notice given to the local government that issued the licence.\n(sec.60-ssec.2) The licence must accompany the notice.\n(sec.60-ssec.3) The surrender takes effect on the later of the following— the day the notice is given; the day specified in the notice.\n- (a) the day the notice is given;\n- (b) the day specified in the notice.","sortOrder":81},{"sectionNumber":"sec.61","sectionType":"section","heading":"Application for replacement of licence","content":"### sec.61 Application for replacement of licence\n\nA licensee may apply for replacement of the licensee’s licence if the licence has been damaged, destroyed, lost or stolen.\nThe application must—\nbe made to the local government that issued the licence; and\ninclude information about the circumstances in which the licence was damaged, destroyed, lost or stolen; and\nbe accompanied by the fee for the application.\n(sec.61-ssec.1) A licensee may apply for replacement of the licensee’s licence if the licence has been damaged, destroyed, lost or stolen.\n(sec.61-ssec.2) The application must— be made to the local government that issued the licence; and include information about the circumstances in which the licence was damaged, destroyed, lost or stolen; and be accompanied by the fee for the application.\n- (a) be made to the local government that issued the licence; and\n- (b) include information about the circumstances in which the licence was damaged, destroyed, lost or stolen; and\n- (c) be accompanied by the fee for the application.","sortOrder":82},{"sectionNumber":"sec.62","sectionType":"section","heading":"Decision about application for replacement of licence","content":"### sec.62 Decision about application for replacement of licence\n\nThe local government must consider the application and either grant, or refuse to grant, the application.\nThe local government must grant the application if the local government is satisfied the licence has been destroyed, lost or stolen, or damaged in a way to require its replacement.\nIf the local government decides to grant the application, the local government must, as soon as practicable, issue another licence to the applicant to replace the damaged, destroyed, lost or stolen licence.\nIf the local government decides to refuse to grant the application, the local government must immediately give the applicant an information notice for the decision.\n(sec.62-ssec.1) The local government must consider the application and either grant, or refuse to grant, the application.\n(sec.62-ssec.2) The local government must grant the application if the local government is satisfied the licence has been destroyed, lost or stolen, or damaged in a way to require its replacement.\n(sec.62-ssec.3) If the local government decides to grant the application, the local government must, as soon as practicable, issue another licence to the applicant to replace the damaged, destroyed, lost or stolen licence.\n(sec.62-ssec.4) If the local government decides to refuse to grant the application, the local government must immediately give the applicant an information notice for the decision.","sortOrder":83},{"sectionNumber":"sec.63","sectionType":"section","heading":"False or misleading statements","content":"### sec.63 False or misleading statements\n\nA person must not, for an application made under this part, state anything the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.","sortOrder":84},{"sectionNumber":"sec.64","sectionType":"section","heading":"False or misleading documents","content":"### sec.64 False or misleading documents\n\nA person must not, for an application made under this part, give a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the local government, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information to the local government.\n(sec.64-ssec.1) A person must not, for an application made under this part, give a document containing information the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units.\n(sec.64-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the local government, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information to the local government.\n- (a) tells the local government, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information to the local government.","sortOrder":85},{"sectionNumber":"pt.5","sectionType":"part","heading":"Mobile higher risk personal appearance services","content":"# Mobile higher risk personal appearance services","sortOrder":86},{"sectionNumber":"sec.65","sectionType":"section","heading":"Notification of intention to provide services from mobile premises","content":"### sec.65 Notification of intention to provide services from mobile premises\n\nThis section applies if a licensee intends to provide higher risk personal appearance services from mobile premises to which the licence relates in the local government area of a second local government.\nAt least 7 days before the licensee provides the higher risk personal appearance services, the licensee must notify the second local government of the following—\nthe dates the licensee intends to provide higher risk personal appearance services in the second local government area;\nthe places at which the higher risk personal appearance services are intended to be provided;\nthe licensee’s licence details;\ndetails of the infection control qualification of the operator who will provide the higher risk personal appearance services;\nother information reasonably required by the second local government to ensure the licensee and operator will take reasonable precautions and care to minimise the risk of infection in providing the higher risk personal appearance services.\nMaximum penalty—50 penalty units.\nHowever, notification under subsection (2) may be a period that is less than 7 days if the second local government agrees to the lesser period.\nNotification under subsection (2) must be by—\nphone; or\nletter, fax, email or other means of written communication.\nIf the licensee notifies the second local government by phone, the licensee must immediately confirm the details provided by letter, fax, email or other means of written communication.\nMaximum penalty—10 penalty units.\n(sec.65-ssec.1) This section applies if a licensee intends to provide higher risk personal appearance services from mobile premises to which the licence relates in the local government area of a second local government.\n(sec.65-ssec.2) At least 7 days before the licensee provides the higher risk personal appearance services, the licensee must notify the second local government of the following— the dates the licensee intends to provide higher risk personal appearance services in the second local government area; the places at which the higher risk personal appearance services are intended to be provided; the licensee’s licence details; details of the infection control qualification of the operator who will provide the higher risk personal appearance services; other information reasonably required by the second local government to ensure the licensee and operator will take reasonable precautions and care to minimise the risk of infection in providing the higher risk personal appearance services. Maximum penalty—50 penalty units.\n(sec.65-ssec.3) However, notification under subsection (2) may be a period that is less than 7 days if the second local government agrees to the lesser period.\n(sec.65-ssec.4) Notification under subsection (2) must be by— phone; or letter, fax, email or other means of written communication.\n(sec.65-ssec.5) If the licensee notifies the second local government by phone, the licensee must immediately confirm the details provided by letter, fax, email or other means of written communication. Maximum penalty—10 penalty units.\n- (a) the dates the licensee intends to provide higher risk personal appearance services in the second local government area;\n- (b) the places at which the higher risk personal appearance services are intended to be provided;\n- (c) the licensee’s licence details;\n- (d) details of the infection control qualification of the operator who will provide the higher risk personal appearance services;\n- (e) other information reasonably required by the second local government to ensure the licensee and operator will take reasonable precautions and care to minimise the risk of infection in providing the higher risk personal appearance services.\n- (a) phone; or\n- (b) letter, fax, email or other means of written communication.","sortOrder":87},{"sectionNumber":"sec.66","sectionType":"section","heading":"Obligations of licensee while in second local government area","content":"### sec.66 Obligations of licensee while in second local government area\n\nFor the period the licensee provides higher risk personal appearance services from mobile premises in a second local government area the licensee has the obligations under the licensee’s licence.","sortOrder":88},{"sectionNumber":"sec.67","sectionType":"section","heading":"Action that may be taken by second local government","content":"### sec.67 Action that may be taken by second local government\n\nThis section applies for the period the licensee provides higher risk personal appearance services from mobile premises in a second local government area.\nThe second local government has the same powers as the first local government would have had if the higher risk personal appearance services were being provided in the first local government area.\nHowever, the second local government may not cancel, suspend, impose conditions on, or take any other action in relation to the licensee’s licence.\n(sec.67-ssec.1) This section applies for the period the licensee provides higher risk personal appearance services from mobile premises in a second local government area.\n(sec.67-ssec.2) The second local government has the same powers as the first local government would have had if the higher risk personal appearance services were being provided in the first local government area.\n(sec.67-ssec.3) However, the second local government may not cancel, suspend, impose conditions on, or take any other action in relation to the licensee’s licence.","sortOrder":89},{"sectionNumber":"sec.68","sectionType":"section","heading":"Notification to first local government","content":"### sec.68 Notification to first local government\n\nThis section applies if—\na licensee or an operator employed or otherwise engaged by the licensee has provided higher risk personal appearance services from mobile premises in a second local government area; and\nthe second local government considers that the licensee or operator has done or omitted to do something that, if done or omitted to be done in the first local government area, would be a contravention of the conditions of the licensee’s licence.\nThe second local government may advise the first local government of the thing done or omitted to be done.\n(sec.68-ssec.1) This section applies if— a licensee or an operator employed or otherwise engaged by the licensee has provided higher risk personal appearance services from mobile premises in a second local government area; and the second local government considers that the licensee or operator has done or omitted to do something that, if done or omitted to be done in the first local government area, would be a contravention of the conditions of the licensee’s licence.\n(sec.68-ssec.2) The second local government may advise the first local government of the thing done or omitted to be done.\n- (a) a licensee or an operator employed or otherwise engaged by the licensee has provided higher risk personal appearance services from mobile premises in a second local government area; and\n- (b) the second local government considers that the licensee or operator has done or omitted to do something that, if done or omitted to be done in the first local government area, would be a contravention of the conditions of the licensee’s licence.","sortOrder":90},{"sectionNumber":"sec.69","sectionType":"section","heading":"Action that may be taken by first local government","content":"### sec.69 Action that may be taken by first local government\n\nThis section applies if the second local government has advised the first local government of a thing done or omitted to be done by the licensee or an operator employed or otherwise engaged by the licensee while in the second local government area.\nThe first local government may take action in relation to the thing done or omitted to be done by the licensee or operator as if the thing had been done or omitted to be done in the first local government area.\n(sec.69-ssec.1) This section applies if the second local government has advised the first local government of a thing done or omitted to be done by the licensee or an operator employed or otherwise engaged by the licensee while in the second local government area.\n(sec.69-ssec.2) The first local government may take action in relation to the thing done or omitted to be done by the licensee or operator as if the thing had been done or omitted to be done in the first local government area.","sortOrder":91},{"sectionNumber":"pt.6","sectionType":"part","heading":"Investigation and enforcement","content":"# Investigation and enforcement","sortOrder":92},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Authorised persons","content":"## Authorised persons","sortOrder":93},{"sectionNumber":"sec.70","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.70 Appointment and qualifications\n\nA local government may appoint any of the following persons as authorised persons for the local government and its area—\nemployees of the local government;\nif another local government consents—employees of the other local government;\nother persons under contract to the local government.\nHowever, a local government may appoint a person as an authorised person only if the local government is satisfied the person is qualified for appointment because the person has the necessary expertise or experience to be an authorised person.\n(sec.70-ssec.1) A local government may appoint any of the following persons as authorised persons for the local government and its area— employees of the local government; if another local government consents—employees of the other local government; other persons under contract to the local government.\n(sec.70-ssec.2) However, a local government may appoint a person as an authorised person only if the local government is satisfied the person is qualified for appointment because the person has the necessary expertise or experience to be an authorised person.\n- (a) employees of the local government;\n- (b) if another local government consents—employees of the other local government;\n- (c) other persons under contract to the local government.","sortOrder":94},{"sectionNumber":"sec.71","sectionType":"section","heading":"Powers of authorised person limited to local government area","content":"### sec.71 Powers of authorised person limited to local government area\n\nAn authorised person may exercise a power under this Act only in relation to the local government and its area for which the person is appointed.","sortOrder":95},{"sectionNumber":"sec.72","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.72 Appointment conditions and limit on powers\n\nAn authorised person holds office on any conditions stated in—\nthe authorised person’s instrument of appointment; or\na signed notice given to the authorised person.\nThe instrument of appointment or a signed notice given to the authorised person may limit the authorised person’s powers under this Act.\nIn this section—\nsigned notice means a notice signed by the local government.\n(sec.72-ssec.1) An authorised person holds office on any conditions stated in— the authorised person’s instrument of appointment; or a signed notice given to the authorised person.\n(sec.72-ssec.2) The instrument of appointment or a signed notice given to the authorised person may limit the authorised person’s powers under this Act.\n(sec.72-ssec.3) In this section— signed notice means a notice signed by the local government.\n- (a) the authorised person’s instrument of appointment; or\n- (b) a signed notice given to the authorised person.","sortOrder":96},{"sectionNumber":"sec.73","sectionType":"section","heading":"Functions of authorised persons","content":"### sec.73 Functions of authorised persons\n\nAn authorised person has the following functions relating to the provision of personal appearance services—\nto enforce this Act;\nto monitor compliance with this Act by inspecting businesses providing personal appearance services;\nto help achieve the purpose of this Act by providing advice and information on how the purpose may be achieved.\n- (a) to enforce this Act;\n- (b) to monitor compliance with this Act by inspecting businesses providing personal appearance services;\n- (c) to help achieve the purpose of this Act by providing advice and information on how the purpose may be achieved.","sortOrder":97},{"sectionNumber":"sec.74","sectionType":"section","heading":"Issue of identity cards","content":"### sec.74 Issue of identity cards\n\nThe local government must issue an identity card to each authorised person.\nThe identity card must—\ncontain a copy of a recent photo of the authorised person; and\ncontain a copy of the authorised person’s signature; and\nidentify the person as an authorised person under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n(sec.74-ssec.1) The local government must issue an identity card to each authorised person.\n(sec.74-ssec.2) The identity card must— contain a copy of a recent photo of the authorised person; and contain a copy of the authorised person’s signature; and identify the person as an authorised person under this Act; and state an expiry date for the card.\n(sec.74-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a copy of a recent photo of the authorised person; and\n- (b) contain a copy of the authorised person’s signature; and\n- (c) identify the person as an authorised person under this Act; and\n- (d) state an expiry date for the card.","sortOrder":98},{"sectionNumber":"sec.75","sectionType":"section","heading":"Production or display of identity card","content":"### sec.75 Production or display of identity card\n\nIn exercising a power under this Act in relation to a person, an authorised person must—\nproduce the authorised person’s identity card for the other person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the other person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the other person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an authorised person does not exercise a power in relation to a person only because the authorised person has entered a place as mentioned in section 79 (1) (b) or (2) .\n(sec.75-ssec.1) In exercising a power under this Act in relation to a person, an authorised person must— produce the authorised person’s identity card for the other person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the other person when exercising the power.\n(sec.75-ssec.2) However, if it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the other person’s inspection at the first reasonable opportunity.\n(sec.75-ssec.3) For subsection (1) , an authorised person does not exercise a power in relation to a person only because the authorised person has entered a place as mentioned in section 79 (1) (b) or (2) .\n- (a) produce the authorised person’s identity card for the other person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the other person when exercising the power.","sortOrder":99},{"sectionNumber":"sec.76","sectionType":"section","heading":"When authorised person ceases to hold office","content":"### sec.76 When authorised person ceases to hold office\n\nAn authorised person ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the authorised person ceases to hold office;\nthe authorised person’s resignation under section 77 takes effect.\nSubsection (1) does not limit the ways an authorised person may cease to hold office.\nIn this section—\ncondition of office means a condition on which the authorised person holds office.\n(sec.76-ssec.1) An authorised person ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the authorised person ceases to hold office; the authorised person’s resignation under section 77 takes effect.\n(sec.76-ssec.2) Subsection (1) does not limit the ways an authorised person may cease to hold office.\n(sec.76-ssec.3) In this section— condition of office means a condition on which the authorised person holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the authorised person ceases to hold office;\n- (c) the authorised person’s resignation under section 77 takes effect.","sortOrder":100},{"sectionNumber":"sec.77","sectionType":"section","heading":"Resignation","content":"### sec.77 Resignation\n\nAn authorised person may resign by notice to the local government.","sortOrder":101},{"sectionNumber":"sec.78","sectionType":"section","heading":"Return of identity card","content":"### sec.78 Return of identity card\n\nA person who ceases to be an authorised person must return the person’s identity card to the local government within 21 days after ceasing to be an authorised person, unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.","sortOrder":102},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Powers of authorised persons","content":"## Powers of authorised persons","sortOrder":103},{"sectionNumber":"sec.79","sectionType":"section","heading":"Power to enter places","content":"### sec.79 Power to enter places\n\nAn authorised person may enter a place if—\nits occupier consents to the entry; or\nit is a public place and the entry is made when it is open to the public; or\nthe entry is authorised by a warrant; or\nit is premises at which a business proprietor carries on business providing personal appearance services and is—\nopen for carrying on business; or\notherwise open for entry.\nFor the purpose of asking the occupier of a place for consent to enter, an authorised person may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\nFor subsection (1) (d) , premises does not include a part of the place where a person resides.\n(sec.79-ssec.1) An authorised person may enter a place if— its occupier consents to the entry; or it is a public place and the entry is made when it is open to the public; or the entry is authorised by a warrant; or it is premises at which a business proprietor carries on business providing personal appearance services and is— open for carrying on business; or otherwise open for entry.\n(sec.79-ssec.2) For the purpose of asking the occupier of a place for consent to enter, an authorised person may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n(sec.79-ssec.3) For subsection (1) (d) , premises does not include a part of the place where a person resides.\n- (a) its occupier consents to the entry; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) the entry is authorised by a warrant; or\n- (d) it is premises at which a business proprietor carries on business providing personal appearance services and is— (i) open for carrying on business; or (ii) otherwise open for entry.\n- (i) open for carrying on business; or\n- (ii) otherwise open for entry.\n- (i) open for carrying on business; or\n- (ii) otherwise open for entry.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.","sortOrder":104},{"sectionNumber":"sec.80","sectionType":"section","heading":"Entry with consent","content":"### sec.80 Entry with consent\n\nThis section applies if an authorised person intends to ask the occupier of a place to consent to the authorised person or another authorised person entering the place.\nBefore asking for the consent, the authorised person must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the authorised person may ask the occupier to sign an acknowledgment of the consent.\nThe acknowledgment must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthe occupier gives the authorised person consent to enter the place and exercise powers under this division; and\nthe time and date the consent was given.\nIf the occupier signs an acknowledgment, the authorised person must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\nan acknowledgment complying with subsection (4) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n(sec.80-ssec.1) This section applies if an authorised person intends to ask the occupier of a place to consent to the authorised person or another authorised person entering the place.\n(sec.80-ssec.2) Before asking for the consent, the authorised person must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.80-ssec.3) If the consent is given, the authorised person may ask the occupier to sign an acknowledgment of the consent.\n(sec.80-ssec.4) The acknowledgment must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the authorised person consent to enter the place and exercise powers under this division; and the time and date the consent was given.\n(sec.80-ssec.5) If the occupier signs an acknowledgment, the authorised person must immediately give a copy to the occupier.\n(sec.80-ssec.6) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgment complying with subsection (4) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the authorised person consent to enter the place and exercise powers under this division; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) an acknowledgment complying with subsection (4) for the entry is not produced in evidence;","sortOrder":105},{"sectionNumber":"sec.81","sectionType":"section","heading":"Application for warrant","content":"### sec.81 Application for warrant\n\nAn authorised person may apply to a magistrate for a warrant for a place.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.81-ssec.1) An authorised person may apply to a magistrate for a warrant for a place.\n(sec.81-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.81-ssec.3) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.","sortOrder":106},{"sectionNumber":"sec.82","sectionType":"section","heading":"Issue of warrant","content":"### sec.82 Issue of warrant\n\nThe magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\nthe evidence is at the place, or may be at the place, within the next 7 days.\nThe warrant must state—\nthat a stated authorised person may, with necessary and reasonable help and force—\nenter the place and any other place necessary for entry; and\nexercise the authorised person’s powers under this division; and\nthe offence for which the warrant is sought; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe date, within 14 days after the warrant’s issue, the warrant ends.\n(sec.82-ssec.1) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and the evidence is at the place, or may be at the place, within the next 7 days.\n(sec.82-ssec.2) The warrant must state— that a stated authorised person may, with necessary and reasonable help and force— enter the place and any other place necessary for entry; and exercise the authorised person’s powers under this division; and the offence for which the warrant is sought; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the date, within 14 days after the warrant’s issue, the warrant ends.\n- (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\n- (b) the evidence is at the place, or may be at the place, within the next 7 days.\n- (a) that a stated authorised person may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry; and (ii) exercise the authorised person’s powers under this division; and\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the authorised person’s powers under this division; and\n- (b) the offence for which the warrant is sought; and\n- (c) the evidence that may be seized under the warrant; and\n- (d) the hours of the day or night when the place may be entered; and\n- (e) the date, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the authorised person’s powers under this division; and","sortOrder":107},{"sectionNumber":"sec.83","sectionType":"section","heading":"Special warrants","content":"### sec.83 Special warrants\n\nAn authorised person may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the authorised person considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the authorised person’s remote location.\nBefore applying for the special warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought.\nThe authorised person may apply for the special warrant before the application is sworn.\nAfter issuing the special warrant, the magistrate must immediately fax a copy ( facsimile warrant ) to the authorised person if it is reasonably practicable to fax the copy.\nIf it is not reasonably practicable to fax a copy to the authorised person—\nthe magistrate must tell the authorised person—\nwhat the terms of the warrant are; and\nthe date and time the warrant is issued; and\nthe authorised person must complete a form of warrant (a warrant form ) and write on it—\nthe magistrate’s name; and\nthe date and time the magistrate issued the special warrant; and\nthe terms of the special warrant.\nThe facsimile warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the other powers stated in the warrant issued.\nThe authorised person must, at the first reasonable opportunity, send to the magistrate—\nthe sworn application; and\nif the authorised person completed a warrant form—the completed warrant form.\nOn receiving the documents, the magistrate must attach them to the special warrant.\nIf—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a special warrant; and\nthe warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a special warrant authorised the exercise of the power.\n(sec.83-ssec.1) An authorised person may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the authorised person considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised person’s remote location.\n(sec.83-ssec.2) Before applying for the special warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought.\n(sec.83-ssec.3) The authorised person may apply for the special warrant before the application is sworn.\n(sec.83-ssec.4) After issuing the special warrant, the magistrate must immediately fax a copy ( facsimile warrant ) to the authorised person if it is reasonably practicable to fax the copy.\n(sec.83-ssec.5) If it is not reasonably practicable to fax a copy to the authorised person— the magistrate must tell the authorised person— what the terms of the warrant are; and the date and time the warrant is issued; and the authorised person must complete a form of warrant (a warrant form ) and write on it— the magistrate’s name; and the date and time the magistrate issued the special warrant; and the terms of the special warrant.\n(sec.83-ssec.6) The facsimile warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the other powers stated in the warrant issued.\n(sec.83-ssec.7) The authorised person must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if the authorised person completed a warrant form—the completed warrant form.\n(sec.83-ssec.8) On receiving the documents, the magistrate must attach them to the special warrant.\n(sec.83-ssec.9) If— an issue arises in a proceeding about whether an exercise of a power was authorised by a special warrant; and the warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a special warrant authorised the exercise of the power.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the authorised person’s remote location.\n- (a) the magistrate must tell the authorised person— (i) what the terms of the warrant are; and (ii) the date and time the warrant is issued; and\n- (i) what the terms of the warrant are; and\n- (ii) the date and time the warrant is issued; and\n- (b) the authorised person must complete a form of warrant (a warrant form ) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the special warrant; and (iii) the terms of the special warrant.\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the special warrant; and\n- (iii) the terms of the special warrant.\n- (i) what the terms of the warrant are; and\n- (ii) the date and time the warrant is issued; and\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the special warrant; and\n- (iii) the terms of the special warrant.\n- (a) the sworn application; and\n- (b) if the authorised person completed a warrant form—the completed warrant form.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a special warrant; and\n- (b) the warrant is not produced in evidence;","sortOrder":108},{"sectionNumber":"sec.84","sectionType":"section","heading":"Warrants—procedure before entry","content":"### sec.84 Warrants—procedure before entry\n\nThis section applies if an authorised person named in a warrant issued under this division for a place is intending to enter the place under the warrant.\nBefore entering the place, the authorised person must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised person’s identity card or other document evidencing the authorised person’s appointment;\ngive the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 83 (6) , a copy of the facsimile warrant or warrant form;\ntell the person the authorised person is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the authorised person immediate entry to the place without using force.\nHowever, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n(sec.84-ssec.1) This section applies if an authorised person named in a warrant issued under this division for a place is intending to enter the place under the warrant.\n(sec.84-ssec.2) Before entering the place, the authorised person must do or make a reasonable attempt to do the following things— identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised person’s identity card or other document evidencing the authorised person’s appointment; give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 83 (6) , a copy of the facsimile warrant or warrant form; tell the person the authorised person is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised person immediate entry to the place without using force.\n(sec.84-ssec.3) However, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n- (a) identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised person’s identity card or other document evidencing the authorised person’s appointment;\n- (b) give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 83 (6) , a copy of the facsimile warrant or warrant form;\n- (c) tell the person the authorised person is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the authorised person immediate entry to the place without using force.","sortOrder":109},{"sectionNumber":"sec.85","sectionType":"section","heading":"Stopping motor vehicle","content":"### sec.85 Stopping motor vehicle\n\nThis section applies if an authorised person suspects on reasonable grounds, or is aware, that a thing in or on a motor vehicle may provide evidence of the commission of an offence against this Act.\nFor the purpose of exercising the powers of an authorised person under this division, an authorised person may—\nif the motor vehicle is moving—ask or signal the person in control of the motor vehicle to stop the motor vehicle; and\nwhether or not the motor vehicle is moving—ask or signal the person in control of the motor vehicle to bring the motor vehicle to a convenient place within a reasonable distance to allow the authorised person to exercise the authorised person’s powers under this division.\nWhen asking or signalling the person in control of a moving vehicle to stop the vehicle or bring it to a convenient place, the authorised person must clearly identify himself or herself as an authorised person exercising the authorised person’s powers under this Act.\nIf the authorised person is in a moving motor vehicle, he or she may use a loud hailer to identify himself or herself as an authorised person exercising powers under this Act.\nIf the authorised person is standing at the side of the road, he or she may use a sign to identify himself or herself as an authorised person exercising powers under this Act.\nDespite section 75 , for the purpose of exercising a power under subsection (2) (a) , the authorised person must—\nhave with him or her the authorised person’s identity card; and\nproduce the identity card for the person’s inspection immediately after the motor vehicle is stopped.\nThe person must comply with the authorised person’s request or signal, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for the person not to obey the request or signal if—\nin a case to which subsection (3) applies, the authorised person has not complied with the subsection; or\nto immediately obey the request or signal would have endangered the person or someone else or caused loss or damage to property, and the person obeys the request or signal as soon as it is practicable to obey it.\nIf the motor vehicle is stopped, the authorised person may direct the person—\nnot to move the motor vehicle until the authorised person has exercised the authorised person’s powers under this division; or\nto move the motor vehicle to, and keep it at, a stated reasonable place to allow the authorised person to exercise the authorised person’s powers under this division.\nWhen giving the direction, the authorised person must warn the person it is an offence not to comply with the direction, unless the person has a reasonable excuse.\nThe person must comply with the authorised person’s direction, unless the person has a reasonable excuse.\nMaximum penalty for subsection (9) —50 penalty units.\n(sec.85-ssec.1) This section applies if an authorised person suspects on reasonable grounds, or is aware, that a thing in or on a motor vehicle may provide evidence of the commission of an offence against this Act.\n(sec.85-ssec.2) For the purpose of exercising the powers of an authorised person under this division, an authorised person may— if the motor vehicle is moving—ask or signal the person in control of the motor vehicle to stop the motor vehicle; and whether or not the motor vehicle is moving—ask or signal the person in control of the motor vehicle to bring the motor vehicle to a convenient place within a reasonable distance to allow the authorised person to exercise the authorised person’s powers under this division.\n(sec.85-ssec.3) When asking or signalling the person in control of a moving vehicle to stop the vehicle or bring it to a convenient place, the authorised person must clearly identify himself or herself as an authorised person exercising the authorised person’s powers under this Act. If the authorised person is in a moving motor vehicle, he or she may use a loud hailer to identify himself or herself as an authorised person exercising powers under this Act. If the authorised person is standing at the side of the road, he or she may use a sign to identify himself or herself as an authorised person exercising powers under this Act.\n(sec.85-ssec.4) Despite section 75 , for the purpose of exercising a power under subsection (2) (a) , the authorised person must— have with him or her the authorised person’s identity card; and produce the identity card for the person’s inspection immediately after the motor vehicle is stopped.\n(sec.85-ssec.5) The person must comply with the authorised person’s request or signal, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.85-ssec.6) It is a reasonable excuse for the person not to obey the request or signal if— in a case to which subsection (3) applies, the authorised person has not complied with the subsection; or to immediately obey the request or signal would have endangered the person or someone else or caused loss or damage to property, and the person obeys the request or signal as soon as it is practicable to obey it.\n(sec.85-ssec.7) If the motor vehicle is stopped, the authorised person may direct the person— not to move the motor vehicle until the authorised person has exercised the authorised person’s powers under this division; or to move the motor vehicle to, and keep it at, a stated reasonable place to allow the authorised person to exercise the authorised person’s powers under this division.\n(sec.85-ssec.8) When giving the direction, the authorised person must warn the person it is an offence not to comply with the direction, unless the person has a reasonable excuse.\n(sec.85-ssec.9) The person must comply with the authorised person’s direction, unless the person has a reasonable excuse. Maximum penalty for subsection (9) —50 penalty units.\n- (a) if the motor vehicle is moving—ask or signal the person in control of the motor vehicle to stop the motor vehicle; and\n- (b) whether or not the motor vehicle is moving—ask or signal the person in control of the motor vehicle to bring the motor vehicle to a convenient place within a reasonable distance to allow the authorised person to exercise the authorised person’s powers under this division.\n- 1 If the authorised person is in a moving motor vehicle, he or she may use a loud hailer to identify himself or herself as an authorised person exercising powers under this Act.\n- 2 If the authorised person is standing at the side of the road, he or she may use a sign to identify himself or herself as an authorised person exercising powers under this Act.\n- (a) have with him or her the authorised person’s identity card; and\n- (b) produce the identity card for the person’s inspection immediately after the motor vehicle is stopped.\n- (a) in a case to which subsection (3) applies, the authorised person has not complied with the subsection; or\n- (b) to immediately obey the request or signal would have endangered the person or someone else or caused loss or damage to property, and the person obeys the request or signal as soon as it is practicable to obey it.\n- (a) not to move the motor vehicle until the authorised person has exercised the authorised person’s powers under this division; or\n- (b) to move the motor vehicle to, and keep it at, a stated reasonable place to allow the authorised person to exercise the authorised person’s powers under this division.","sortOrder":110},{"sectionNumber":"sec.86","sectionType":"section","heading":"General powers after entering places","content":"### sec.86 General powers after entering places\n\nThis section applies to an authorised person who enters a place.\nHowever, if an authorised person enters a place to get the occupier’s consent to enter a place, this section applies to the authorised person only if the consent is given or the entry is otherwise authorised.\nFor monitoring and enforcing compliance with this Act, the authorised person may—\nsearch any part of the place; or\ninspect, measure, test, photograph or film any part of the place or anything at the place; or\ntake a thing, or a sample of or from a thing, at the place for analysis or testing; or\ntake an extract from, or copy, a document at the place; or\ntake into or onto the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this division; or\nrequire the occupier of the place, or a person at the place, to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) ; or\nrequire the occupier of the place, or a person at the place, to give the authorised person information to help the authorised person find out whether this Act is being complied with.\nWhen making a requirement mentioned in subsection (3) (f) or (g) , the authorised person must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.86-ssec.1) This section applies to an authorised person who enters a place.\n(sec.86-ssec.2) However, if an authorised person enters a place to get the occupier’s consent to enter a place, this section applies to the authorised person only if the consent is given or the entry is otherwise authorised.\n(sec.86-ssec.3) For monitoring and enforcing compliance with this Act, the authorised person may— search any part of the place; or inspect, measure, test, photograph or film any part of the place or anything at the place; or take a thing, or a sample of or from a thing, at the place for analysis or testing; or take an extract from, or copy, a document at the place; or take into or onto the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this division; or require the occupier of the place, or a person at the place, to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) ; or require the occupier of the place, or a person at the place, to give the authorised person information to help the authorised person find out whether this Act is being complied with.\n(sec.86-ssec.4) When making a requirement mentioned in subsection (3) (f) or (g) , the authorised person must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n- (a) search any part of the place; or\n- (b) inspect, measure, test, photograph or film any part of the place or anything at the place; or\n- (c) take a thing, or a sample of or from a thing, at the place for analysis or testing; or\n- (d) take an extract from, or copy, a document at the place; or\n- (e) take into or onto the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this division; or\n- (f) require the occupier of the place, or a person at the place, to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) ; or\n- (g) require the occupier of the place, or a person at the place, to give the authorised person information to help the authorised person find out whether this Act is being complied with.","sortOrder":111},{"sectionNumber":"sec.87","sectionType":"section","heading":"Failure to help authorised person","content":"### sec.87 Failure to help authorised person\n\nA person required to give reasonable help under section 86 (3) (f) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIf a requirement under section 86 (3) (f) relates to a document, it is a reasonable excuse for the person not to comply with the requirement that complying with the requirement might tend to incriminate the person.\n(sec.87-ssec.1) A person required to give reasonable help under section 86 (3) (f) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.87-ssec.2) If a requirement under section 86 (3) (f) relates to a document, it is a reasonable excuse for the person not to comply with the requirement that complying with the requirement might tend to incriminate the person.","sortOrder":112},{"sectionNumber":"sec.88","sectionType":"section","heading":"Failure to give information","content":"### sec.88 Failure to give information\n\nA person of whom a requirement is made under section 86 (3) (g) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nSee section 115 in relation to false or misleading statements.\nIt is a reasonable excuse for the person to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.\ns 88 amd 2022 No. 1 s 117 s ch 1 pt 2\n(sec.88-ssec.1) A person of whom a requirement is made under section 86 (3) (g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units. See section 115 in relation to false or misleading statements.\n(sec.88-ssec.2) It is a reasonable excuse for the person to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.","sortOrder":113},{"sectionNumber":"sec.89","sectionType":"section","heading":"Seizing evidence at a place that may be entered without consent or warrant","content":"### sec.89 Seizing evidence at a place that may be entered without consent or warrant\n\nAn authorised person who enters a place under this division without the consent of the occupier and without a warrant, may seize a thing at the place only if the authorised person reasonably believes the thing is evidence of an offence against this Act.","sortOrder":114},{"sectionNumber":"sec.90","sectionType":"section","heading":"Seizing evidence at a place that may only be entered with consent or warrant","content":"### sec.90 Seizing evidence at a place that may only be entered with consent or warrant\n\nThis section applies if—\nan authorised person is authorised to enter a place under this division only with the consent of the occupier or a warrant; and\nthe authorised person enters the place after obtaining the necessary consent or warrant.\nIf the authorised person enters the place with the occupier’s consent, the authorised person may seize a thing at the place only if—\nthe authorised person reasonably believes the thing is evidence of an offence against this Act; and\nseizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\nIf the authorised person enters the place with a warrant, the authorised person may seize the evidence for which the warrant was issued.\nThe authorised person also may seize anything else at the place if the authorised person reasonably believes—\nthe thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being—\nhidden, lost or destroyed; or\nused to continue, or repeat, the offence.\nAlso, the authorised person may seize a thing at the place if the authorised person reasonably believes it has just been used in committing an offence against this Act.\n(sec.90-ssec.1) This section applies if— an authorised person is authorised to enter a place under this division only with the consent of the occupier or a warrant; and the authorised person enters the place after obtaining the necessary consent or warrant.\n(sec.90-ssec.2) If the authorised person enters the place with the occupier’s consent, the authorised person may seize a thing at the place only if— the authorised person reasonably believes the thing is evidence of an offence against this Act; and seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n(sec.90-ssec.3) If the authorised person enters the place with a warrant, the authorised person may seize the evidence for which the warrant was issued.\n(sec.90-ssec.4) The authorised person also may seize anything else at the place if the authorised person reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being— hidden, lost or destroyed; or used to continue, or repeat, the offence.\n(sec.90-ssec.5) Also, the authorised person may seize a thing at the place if the authorised person reasonably believes it has just been used in committing an offence against this Act.\n- (a) an authorised person is authorised to enter a place under this division only with the consent of the occupier or a warrant; and\n- (b) the authorised person enters the place after obtaining the necessary consent or warrant.\n- (a) the authorised person reasonably believes the thing is evidence of an offence against this Act; and\n- (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n- (a) the thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.","sortOrder":115},{"sectionNumber":"sec.91","sectionType":"section","heading":"Securing seized things","content":"### sec.91 Securing seized things\n\nHaving seized a thing, an authorised person may—\nmove the thing from the place where it was seized (the place of seizure ); or\nleave the thing at the place of seizure, but take reasonable action to restrict access to it.\nsealing a thing and marking it to show access to it is restricted\nsealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\n- (a) move the thing from the place where it was seized (the place of seizure ); or\n- (b) leave the thing at the place of seizure, but take reasonable action to restrict access to it. Examples of restricting access to a thing— 1 sealing a thing and marking it to show access to it is restricted 2 sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted","sortOrder":116},{"sectionNumber":"sec.92","sectionType":"section","heading":"Tampering with seized things","content":"### sec.92 Tampering with seized things\n\nIf an authorised person restricts access to a seized thing, a person must not tamper with the thing, or something restricting access to the thing, without an authorised person’s approval.\nMaximum penalty—50 penalty units.\nIn this section—\ntamper includes attempt to tamper.\n(sec.92-ssec.1) If an authorised person restricts access to a seized thing, a person must not tamper with the thing, or something restricting access to the thing, without an authorised person’s approval. Maximum penalty—50 penalty units.\n(sec.92-ssec.2) In this section— tamper includes attempt to tamper.","sortOrder":117},{"sectionNumber":"sec.93","sectionType":"section","heading":"Powers to support seizure","content":"### sec.93 Powers to support seizure\n\nTo enable a thing to be seized, an authorised person may require the person in control of it—\nto take it to a stated reasonable place by a stated reasonable time; and\nif necessary, to remain in control of it at the stated place for a reasonable time.\nThe requirement—\nmust be made by notice; or\nif for any reason it is not practicable to give the notice, may be made orally and confirmed by notice as soon as practicable.\nA further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement.\nA person of whom the requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nSubject to section 114 , the cost of complying with subsection (4) must be borne by the person.\n(sec.93-ssec.1) To enable a thing to be seized, an authorised person may require the person in control of it— to take it to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of it at the stated place for a reasonable time.\n(sec.93-ssec.2) The requirement— must be made by notice; or if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice as soon as practicable.\n(sec.93-ssec.3) A further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement.\n(sec.93-ssec.4) A person of whom the requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.93-ssec.5) Subject to section 114 , the cost of complying with subsection (4) must be borne by the person.\n- (a) to take it to a stated reasonable place by a stated reasonable time; and\n- (b) if necessary, to remain in control of it at the stated place for a reasonable time.\n- (a) must be made by notice; or\n- (b) if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice as soon as practicable.","sortOrder":118},{"sectionNumber":"sec.94","sectionType":"section","heading":"Authorised person may require thing’s return","content":"### sec.94 Authorised person may require thing’s return\n\nIf an authorised person has required a person to take a thing to a stated place by a stated reasonable time under section 93 the authorised person may require the person to return the thing to the place from which it was taken.\nA person of whom the requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nSubject to section 114 , the cost of complying with subsection (2) must be borne by the person.\n(sec.94-ssec.1) If an authorised person has required a person to take a thing to a stated place by a stated reasonable time under section 93 the authorised person may require the person to return the thing to the place from which it was taken.\n(sec.94-ssec.2) A person of whom the requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.94-ssec.3) Subject to section 114 , the cost of complying with subsection (2) must be borne by the person.","sortOrder":119},{"sectionNumber":"sec.95","sectionType":"section","heading":"Receipts for seized things","content":"### sec.95 Receipts for seized things\n\nAs soon as practicable after an authorised person seizes a thing, the authorised person must give a receipt for it to the person from whom it was seized.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the authorised person must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\nThe receipt must describe generally each thing seized and its condition.\nThis section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value.\n(sec.95-ssec.1) As soon as practicable after an authorised person seizes a thing, the authorised person must give a receipt for it to the person from whom it was seized.\n(sec.95-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the authorised person must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\n(sec.95-ssec.3) The receipt must describe generally each thing seized and its condition.\n(sec.95-ssec.4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value.","sortOrder":120},{"sectionNumber":"sec.96","sectionType":"section","heading":"Forfeiture of seized things","content":"### sec.96 Forfeiture of seized things\n\nA seized thing is forfeited to the local government for whom the authorised person was acting if the authorised person who seized the thing—\ncan not find its owner, after making reasonable inquiries; or\ncan not return it to its owner, after making reasonable efforts.\nIn applying subsection (1) —\nsubsection (1) (a) does not require the authorised person to make inquiries if it would be unreasonable to make inquiries to find the owner; and\nsubsection (1) (b) does not require the authorised person to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\nRegard must be had to a thing’s nature, condition and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.\n(sec.96-ssec.1) A seized thing is forfeited to the local government for whom the authorised person was acting if the authorised person who seized the thing— can not find its owner, after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts.\n(sec.96-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the authorised person to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the authorised person to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n(sec.96-ssec.3) Regard must be had to a thing’s nature, condition and value in deciding— whether it is reasonable to make inquiries or efforts; and if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) can not find its owner, after making reasonable inquiries; or\n- (b) can not return it to its owner, after making reasonable efforts.\n- (a) subsection (1) (a) does not require the authorised person to make inquiries if it would be unreasonable to make inquiries to find the owner; and\n- (b) subsection (1) (b) does not require the authorised person to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":121},{"sectionNumber":"sec.97","sectionType":"section","heading":"Return of seized things","content":"### sec.97 Return of seized things\n\nIf a thing has been seized but not forfeited, the authorised person must return it to its owner—\nat the end of 6 months; or\nif a proceeding for an offence involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding.\nHowever, unless the thing has been forfeited, the authorised person must immediately return a thing seized as evidence to its owner if the authorised person stops being satisfied its continued retention as evidence is necessary.\n(sec.97-ssec.1) If a thing has been seized but not forfeited, the authorised person must return it to its owner— at the end of 6 months; or if a proceeding for an offence involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding.\n(sec.97-ssec.2) However, unless the thing has been forfeited, the authorised person must immediately return a thing seized as evidence to its owner if the authorised person stops being satisfied its continued retention as evidence is necessary.\n- (a) at the end of 6 months; or\n- (b) if a proceeding for an offence involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding.","sortOrder":122},{"sectionNumber":"sec.98","sectionType":"section","heading":"Access to seized things","content":"### sec.98 Access to seized things\n\nUntil a thing that has been seized is forfeited or returned, an authorised person must allow its owner to inspect it and, if it is a document, to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.98-ssec.1) Until a thing that has been seized is forfeited or returned, an authorised person must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.98-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.","sortOrder":123},{"sectionNumber":"sec.99","sectionType":"section","heading":"Power to require name and address","content":"### sec.99 Power to require name and address\n\nThis section applies if—\nan authorised person finds a person committing an offence against this Act; or\nan authorised person finds a person in circumstances that lead, or has information that leads, the authorised person reasonably to suspect the person has just committed an offence against this Act.\nThe authorised person may require the person to state the person’s name and residential address.\nWhen making the requirement, the authorised person must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\nThe authorised person may require the person to give the authorised person evidence of the correctness of the stated name or residential address if the authorised person reasonably suspects the stated name or address to be false.\nA requirement under subsection (2) or (4) is a personal details requirement .\n(sec.99-ssec.1) This section applies if— an authorised person finds a person committing an offence against this Act; or an authorised person finds a person in circumstances that lead, or has information that leads, the authorised person reasonably to suspect the person has just committed an offence against this Act.\n(sec.99-ssec.2) The authorised person may require the person to state the person’s name and residential address.\n(sec.99-ssec.3) When making the requirement, the authorised person must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\n(sec.99-ssec.4) The authorised person may require the person to give the authorised person evidence of the correctness of the stated name or residential address if the authorised person reasonably suspects the stated name or address to be false.\n(sec.99-ssec.5) A requirement under subsection (2) or (4) is a personal details requirement .\n- (a) an authorised person finds a person committing an offence against this Act; or\n- (b) an authorised person finds a person in circumstances that lead, or has information that leads, the authorised person reasonably to suspect the person has just committed an offence against this Act.","sortOrder":124},{"sectionNumber":"sec.100","sectionType":"section","heading":"Failure to give name or address","content":"### sec.100 Failure to give name or address\n\nA person of whom a personal details requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nA person does not commit an offence against subsection (1) if—\nthe person was required to state the person’s name and residential address by an authorised person who suspected the person had committed an offence against this Act; and\nthe person is not proved to have committed the offence against this Act.\n(sec.100-ssec.1) A person of whom a personal details requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.100-ssec.2) A person does not commit an offence against subsection (1) if— the person was required to state the person’s name and residential address by an authorised person who suspected the person had committed an offence against this Act; and the person is not proved to have committed the offence against this Act.\n- (a) the person was required to state the person’s name and residential address by an authorised person who suspected the person had committed an offence against this Act; and\n- (b) the person is not proved to have committed the offence against this Act.","sortOrder":125},{"sectionNumber":"sec.101","sectionType":"section","heading":"Power to require production of documents","content":"### sec.101 Power to require production of documents\n\nAn authorised person may require a person to make available for inspection by an authorised person, or produce to the authorised person for inspection, at a reasonable time and place nominated by the authorised person—\na document issued to the person under this Act; or\na document required to be kept by the person under this Act.\nThe authorised person may keep the document to copy it.\nIf the authorised person copies the document, or an entry in the document, the authorised person may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\nThe authorised person must return the document to the person as soon as practicable after copying it.\nHowever, if a requirement (a document certification requirement ) is made of a person under subsection (3) , the authorised person may keep the document until the person complies with the requirement.\nA requirement under subsection (1) is a document production requirement .\n(sec.101-ssec.1) An authorised person may require a person to make available for inspection by an authorised person, or produce to the authorised person for inspection, at a reasonable time and place nominated by the authorised person— a document issued to the person under this Act; or a document required to be kept by the person under this Act.\n(sec.101-ssec.2) The authorised person may keep the document to copy it.\n(sec.101-ssec.3) If the authorised person copies the document, or an entry in the document, the authorised person may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\n(sec.101-ssec.4) The authorised person must return the document to the person as soon as practicable after copying it.\n(sec.101-ssec.5) However, if a requirement (a document certification requirement ) is made of a person under subsection (3) , the authorised person may keep the document until the person complies with the requirement.\n(sec.101-ssec.6) A requirement under subsection (1) is a document production requirement .\n- (a) a document issued to the person under this Act; or\n- (b) a document required to be kept by the person under this Act.","sortOrder":126},{"sectionNumber":"sec.102","sectionType":"section","heading":"Failure to produce document","content":"### sec.102 Failure to produce document\n\nA person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is not a reasonable excuse for an individual not to comply with a document production requirement that complying with the requirement might tend to incriminate the individual.\n(sec.102-ssec.1) A person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.102-ssec.2) It is not a reasonable excuse for an individual not to comply with a document production requirement that complying with the requirement might tend to incriminate the individual.","sortOrder":127},{"sectionNumber":"sec.103","sectionType":"section","heading":"Failure to certify copy of document","content":"### sec.103 Failure to certify copy of document\n\nA person of whom a document certification requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.","sortOrder":128},{"sectionNumber":"sec.104","sectionType":"section","heading":"Power to require information","content":"### sec.104 Power to require information\n\nThis section applies if an authorised person reasonably believes—\nan offence against this Act has been committed; and\na person may be able to give information about the offence.\nThe authorised person may, by notice given to the person, require the person to give information about the offence to the authorised person at a stated reasonable time and place.\nThe person must comply with a requirement under subsection (2) , unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual to fail to give information if giving the information might tend to incriminate the individual.\n(sec.104-ssec.1) This section applies if an authorised person reasonably believes— an offence against this Act has been committed; and a person may be able to give information about the offence.\n(sec.104-ssec.2) The authorised person may, by notice given to the person, require the person to give information about the offence to the authorised person at a stated reasonable time and place.\n(sec.104-ssec.3) The person must comply with a requirement under subsection (2) , unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.104-ssec.4) It is a reasonable excuse for an individual to fail to give information if giving the information might tend to incriminate the individual.\n- (a) an offence against this Act has been committed; and\n- (b) a person may be able to give information about the offence.","sortOrder":129},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Monitoring compliance","content":"## Monitoring compliance","sortOrder":130},{"sectionNumber":"sec.105","sectionType":"section","heading":"Inspections to monitor compliance","content":"### sec.105 Inspections to monitor compliance\n\nLocal governments may monitor compliance with this Act by having authorised persons inspect places of business in the local governments’ areas.\nLocal governments may recover their monitoring costs by charging business proprietors reasonable fees for inspections carried out.\nThis division states the inspections for which local governments may charge fees.\nNothing in this division limits the number of inspections an authorised person may conduct at a place of business.\n(sec.105-ssec.1) Local governments may monitor compliance with this Act by having authorised persons inspect places of business in the local governments’ areas.\n(sec.105-ssec.2) Local governments may recover their monitoring costs by charging business proprietors reasonable fees for inspections carried out.\n(sec.105-ssec.3) This division states the inspections for which local governments may charge fees.\n(sec.105-ssec.4) Nothing in this division limits the number of inspections an authorised person may conduct at a place of business.","sortOrder":131},{"sectionNumber":"sec.106","sectionType":"section","heading":"Inspection fees for businesses providing higher risk personal appearance services","content":"### sec.106 Inspection fees for businesses providing higher risk personal appearance services\n\nThis section applies if a business proprietor carries on a business providing higher risk personal appearance services at the proprietor’s premises.\nSubsection (3) applies if the premises are fixed premises to which a licence relates.\nThe local government for an area in which the premises are located may charge the proprietor the following fees for inspections at the proprietor’s premises—\nif the proprietor carries on business at 1 premises only—1 inspection fee in any 12 month period;\nif the proprietor carries on business at 2 or more premises—1 inspection fee for each premises in any 12 month period.\nSubsection (5) applies if the premises are mobile premises to which a licence relates.\nA local government for the area in which the higher risk personal appearance services are provided may charge the proprietor the following fees for inspections at the proprietor’s premises—\nif the proprietor carries on business at 1 premises only—1 inspection fee in any 12 month period;\nif the proprietor carries on business at 2 or more premises—1 inspection fee for each premises in any 12 month period.\nIf a business proprietor provides higher risk personal appearance services from the same mobile premises in 2 local government areas, each of the local governments may charge a fee for inspecting the premises.\n(sec.106-ssec.1) This section applies if a business proprietor carries on a business providing higher risk personal appearance services at the proprietor’s premises.\n(sec.106-ssec.2) Subsection (3) applies if the premises are fixed premises to which a licence relates.\n(sec.106-ssec.3) The local government for an area in which the premises are located may charge the proprietor the following fees for inspections at the proprietor’s premises— if the proprietor carries on business at 1 premises only—1 inspection fee in any 12 month period; if the proprietor carries on business at 2 or more premises—1 inspection fee for each premises in any 12 month period.\n(sec.106-ssec.4) Subsection (5) applies if the premises are mobile premises to which a licence relates.\n(sec.106-ssec.5) A local government for the area in which the higher risk personal appearance services are provided may charge the proprietor the following fees for inspections at the proprietor’s premises— if the proprietor carries on business at 1 premises only—1 inspection fee in any 12 month period; if the proprietor carries on business at 2 or more premises—1 inspection fee for each premises in any 12 month period. If a business proprietor provides higher risk personal appearance services from the same mobile premises in 2 local government areas, each of the local governments may charge a fee for inspecting the premises.\n- (a) if the proprietor carries on business at 1 premises only—1 inspection fee in any 12 month period;\n- (b) if the proprietor carries on business at 2 or more premises—1 inspection fee for each premises in any 12 month period.\n- (a) if the proprietor carries on business at 1 premises only—1 inspection fee in any 12 month period;\n- (b) if the proprietor carries on business at 2 or more premises—1 inspection fee for each premises in any 12 month period.","sortOrder":132},{"sectionNumber":"sec.107","sectionType":"section","heading":"Inspection fees if non-higher risk personal appearance services provided only at proprietor’s fixed premises","content":"### sec.107 Inspection fees if non-higher risk personal appearance services provided only at proprietor’s fixed premises\n\nThis section applies if a business proprietor carries on a business providing non-higher risk personal appearance services only at the proprietor’s fixed premises.\nThe local government for the area in which the premises are located may charge the proprietor the following fees for inspections at the proprietor’s premises—\nif the proprietor carries on business at 1 premises only—1 inspection fee in any 12 month period;\nif the proprietor carries on business at 2 or more premises—1 inspection fee for each premises in any 12 month period.\nA business proprietor provides hairdressing services at 3 of the proprietor’s fixed premises. Three inspection fees may be charged if each of the premises are inspected in a 12 month period.\n(sec.107-ssec.1) This section applies if a business proprietor carries on a business providing non-higher risk personal appearance services only at the proprietor’s fixed premises.\n(sec.107-ssec.2) The local government for the area in which the premises are located may charge the proprietor the following fees for inspections at the proprietor’s premises— if the proprietor carries on business at 1 premises only—1 inspection fee in any 12 month period; if the proprietor carries on business at 2 or more premises—1 inspection fee for each premises in any 12 month period. A business proprietor provides hairdressing services at 3 of the proprietor’s fixed premises. Three inspection fees may be charged if each of the premises are inspected in a 12 month period.\n- (a) if the proprietor carries on business at 1 premises only—1 inspection fee in any 12 month period;\n- (b) if the proprietor carries on business at 2 or more premises—1 inspection fee for each premises in any 12 month period. Example for subsection (2) (b) — A business proprietor provides hairdressing services at 3 of the proprietor’s fixed premises. Three inspection fees may be charged if each of the premises are inspected in a 12 month period.","sortOrder":133},{"sectionNumber":"sec.108","sectionType":"section","heading":"Inspection fees if non-higher risk personal appearance services provided only at places of business other than proprietor’s fixed premises","content":"### sec.108 Inspection fees if non-higher risk personal appearance services provided only at places of business other than proprietor’s fixed premises\n\nThis section applies if a business proprietor provides non-higher risk personal appearance services only at places of business that are not the proprietor’s fixed premises.\nA local government for an area in which any of the places of business are located may charge the proprietor 1 inspection fee in any 12 month period.\nHowever, if a local government (the first local government ) has charged a business proprietor an inspection fee under this section, another local government may not charge the proprietor an inspection fee under this section within 12 months of the fee being charged by the first local government.\n(sec.108-ssec.1) This section applies if a business proprietor provides non-higher risk personal appearance services only at places of business that are not the proprietor’s fixed premises.\n(sec.108-ssec.2) A local government for an area in which any of the places of business are located may charge the proprietor 1 inspection fee in any 12 month period.\n(sec.108-ssec.3) However, if a local government (the first local government ) has charged a business proprietor an inspection fee under this section, another local government may not charge the proprietor an inspection fee under this section within 12 months of the fee being charged by the first local government.","sortOrder":134},{"sectionNumber":"sec.109","sectionType":"section","heading":"Inspection fees if non-higher risk personal appearance services provided both at proprietor’s fixed premises and at places of business other than the proprietor’s fixed premises","content":"### sec.109 Inspection fees if non-higher risk personal appearance services provided both at proprietor’s fixed premises and at places of business other than the proprietor’s fixed premises\n\nThis section applies if a business proprietor carries on a business providing non-higher risk personal appearance services at both—\nthe proprietor’s fixed premises; and\nplaces of business that are not the proprietor’s fixed premises.\nThe proprietor may be charged only the inspection fees under section 107 .\nA person carries on a hairdressing business from 2 fixed premises and also provides hairdressing services in clients’ homes in 2 local government areas. The only fees that may be charged are for inspecting the fixed premises.\n(sec.109-ssec.1) This section applies if a business proprietor carries on a business providing non-higher risk personal appearance services at both— the proprietor’s fixed premises; and places of business that are not the proprietor’s fixed premises.\n(sec.109-ssec.2) The proprietor may be charged only the inspection fees under section 107 . A person carries on a hairdressing business from 2 fixed premises and also provides hairdressing services in clients’ homes in 2 local government areas. The only fees that may be charged are for inspecting the fixed premises.\n- (a) the proprietor’s fixed premises; and\n- (b) places of business that are not the proprietor’s fixed premises.","sortOrder":135},{"sectionNumber":"sec.110","sectionType":"section","heading":"Inspection fee after remedial notice","content":"### sec.110 Inspection fee after remedial notice\n\nSubsection (2) applies if an authorised person has given a remedial notice to a business proprietor.\nThe local government for whom the authorised person was acting may charge the business proprietor 1 inspection fee to check if the remedial notice has been complied with.\nAn inspection fee under this section is in addition to the inspection fees that may be charged under sections 106 to 109 .\n(sec.110-ssec.1) Subsection (2) applies if an authorised person has given a remedial notice to a business proprietor.\n(sec.110-ssec.2) The local government for whom the authorised person was acting may charge the business proprietor 1 inspection fee to check if the remedial notice has been complied with.\n(sec.110-ssec.3) An inspection fee under this section is in addition to the inspection fees that may be charged under sections 106 to 109 .","sortOrder":136},{"sectionNumber":"sec.111","sectionType":"section","heading":"Remedial notice","content":"### sec.111 Remedial notice\n\nThis section applies if an authorised person reasonably believes—\na business proprietor, or an operator employed or otherwise engaged by the proprietor—\nis contravening a provision of this Act; or\nhas contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and\na matter relating to the contravention is capable of being remedied; and\nit is appropriate to give the business proprietor an opportunity to remedy the matter; and\nfor a business proprietor who is a licensee, a local government has not given a show cause notice to the business proprietor under section 52 relating to the contravention.\nThe authorised person may give the business proprietor a notice (a remedial notice ) requiring the business proprietor to remedy the contravention or have the contravention remedied.\nThe remedial notice must state the following—\nthat the authorised person reasonably believes the business proprietor or operator—\nis contravening a provision of this Act; or\nhas contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated;\nthe provision the authorised person believes is being, or has been, contravened (the relevant provision );\nbriefly, how it is believed the relevant provision is being, or has been, contravened;\nthat the business proprietor must remedy the contravention or have the contravention remedied within a stated reasonable time;\nthat it is an offence to fail to comply with the remedial notice unless the business proprietor has a reasonable excuse.\nThe remedial notice may also state the steps that the authorised person reasonably believes are necessary to remedy the contravention, or avoid further contravention, of the relevant provision.\nThe business proprietor must comply with the remedial notice unless the business proprietor has a reasonable excuse.\nMaximum penalty—\nif a contravention of the relevant provision is an offence—the maximum penalty for contravening the relevant provision;\notherwise—20 penalty units.\nIf it is an offence to contravene the relevant provision for which a remedial notice has been issued, the business proprietor can not be prosecuted for that offence unless the person fails to comply with the remedial notice and does not have a reasonable excuse for the noncompliance.\nA local government may prosecute a business proprietor or operator for the contravention of a relevant provision without an authorised person first issuing a remedial notice for the contravention.\n(sec.111-ssec.1) This section applies if an authorised person reasonably believes— a business proprietor, or an operator employed or otherwise engaged by the proprietor— is contravening a provision of this Act; or has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and a matter relating to the contravention is capable of being remedied; and it is appropriate to give the business proprietor an opportunity to remedy the matter; and for a business proprietor who is a licensee, a local government has not given a show cause notice to the business proprietor under section 52 relating to the contravention.\n(sec.111-ssec.2) The authorised person may give the business proprietor a notice (a remedial notice ) requiring the business proprietor to remedy the contravention or have the contravention remedied.\n(sec.111-ssec.3) The remedial notice must state the following— that the authorised person reasonably believes the business proprietor or operator— is contravening a provision of this Act; or has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; the provision the authorised person believes is being, or has been, contravened (the relevant provision ); briefly, how it is believed the relevant provision is being, or has been, contravened; that the business proprietor must remedy the contravention or have the contravention remedied within a stated reasonable time; that it is an offence to fail to comply with the remedial notice unless the business proprietor has a reasonable excuse.\n(sec.111-ssec.4) The remedial notice may also state the steps that the authorised person reasonably believes are necessary to remedy the contravention, or avoid further contravention, of the relevant provision.\n(sec.111-ssec.5) The business proprietor must comply with the remedial notice unless the business proprietor has a reasonable excuse. Maximum penalty— if a contravention of the relevant provision is an offence—the maximum penalty for contravening the relevant provision; otherwise—20 penalty units.\n(sec.111-ssec.6) If it is an offence to contravene the relevant provision for which a remedial notice has been issued, the business proprietor can not be prosecuted for that offence unless the person fails to comply with the remedial notice and does not have a reasonable excuse for the noncompliance.\n(sec.111-ssec.7) A local government may prosecute a business proprietor or operator for the contravention of a relevant provision without an authorised person first issuing a remedial notice for the contravention.\n- (a) a business proprietor, or an operator employed or otherwise engaged by the proprietor— (i) is contravening a provision of this Act; or (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and\n- (i) is contravening a provision of this Act; or\n- (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and\n- (b) a matter relating to the contravention is capable of being remedied; and\n- (c) it is appropriate to give the business proprietor an opportunity to remedy the matter; and\n- (d) for a business proprietor who is a licensee, a local government has not given a show cause notice to the business proprietor under section 52 relating to the contravention.\n- (i) is contravening a provision of this Act; or\n- (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and\n- (a) that the authorised person reasonably believes the business proprietor or operator— (i) is contravening a provision of this Act; or (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated;\n- (i) is contravening a provision of this Act; or\n- (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated;\n- (b) the provision the authorised person believes is being, or has been, contravened (the relevant provision );\n- (c) briefly, how it is believed the relevant provision is being, or has been, contravened;\n- (d) that the business proprietor must remedy the contravention or have the contravention remedied within a stated reasonable time;\n- (e) that it is an offence to fail to comply with the remedial notice unless the business proprietor has a reasonable excuse.\n- (i) is contravening a provision of this Act; or\n- (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated;\n- (a) if a contravention of the relevant provision is an offence—the maximum penalty for contravening the relevant provision;\n- (b) otherwise—20 penalty units.","sortOrder":137},{"sectionNumber":"sec.112","sectionType":"section","heading":"Person may be prohibited from providing personal appearance service","content":"### sec.112 Person may be prohibited from providing personal appearance service\n\nThis section applies if a person is convicted of an offence against this Act.\nThe court sentencing the person for the offence may, on its own initiative or the application of the prosecutor, make an order under subsection (3) or (5) .\nThe court may make an order, applying for a period decided by the court—\nprohibiting the person from providing, or carrying on or managing a business providing, a personal appearance service; or\nprohibiting the person from having a financial interest in a business providing a personal appearance service; or\nif the person is a corporation, prohibiting an executive officer of the corporation, who was in a position to influence the conduct of the corporation in relation to the offence, from managing a corporation that carries on a business providing a personal appearance service.\nFor subsection (3) (c) , a person manages a corporation if the person is a director, or is in any way concerned in or takes part in the management, of the corporation.\nAlso, the court may make an order, applying for a period decided by the court—\nprohibiting the person from entering into commercial arrangements with a person who provides, or carries on or manages a business providing, a personal appearance service; or\nif the person is a corporation, prohibiting an executive officer of the corporation, who was in a position to influence the conduct of the corporation in relation to the offence, from entering into commercial arrangements with a person who provides, or carries on or manages a business providing, a personal appearance service.\nAn order under subsection (3) or (5) may apply generally or be limited in its application by reference to specified conditions, exceptions or factors.\nA reference in subsection (5) to a person entering into commercial arrangements includes the entering into commercial arrangements on behalf of another person.\nA person must not contravene an order under subsection (3) or (5) .\nMaximum penalty for subsection (8) —500 penalty units.\n(sec.112-ssec.1) This section applies if a person is convicted of an offence against this Act.\n(sec.112-ssec.2) The court sentencing the person for the offence may, on its own initiative or the application of the prosecutor, make an order under subsection (3) or (5) .\n(sec.112-ssec.3) The court may make an order, applying for a period decided by the court— prohibiting the person from providing, or carrying on or managing a business providing, a personal appearance service; or prohibiting the person from having a financial interest in a business providing a personal appearance service; or if the person is a corporation, prohibiting an executive officer of the corporation, who was in a position to influence the conduct of the corporation in relation to the offence, from managing a corporation that carries on a business providing a personal appearance service.\n(sec.112-ssec.4) For subsection (3) (c) , a person manages a corporation if the person is a director, or is in any way concerned in or takes part in the management, of the corporation.\n(sec.112-ssec.5) Also, the court may make an order, applying for a period decided by the court— prohibiting the person from entering into commercial arrangements with a person who provides, or carries on or manages a business providing, a personal appearance service; or if the person is a corporation, prohibiting an executive officer of the corporation, who was in a position to influence the conduct of the corporation in relation to the offence, from entering into commercial arrangements with a person who provides, or carries on or manages a business providing, a personal appearance service.\n(sec.112-ssec.6) An order under subsection (3) or (5) may apply generally or be limited in its application by reference to specified conditions, exceptions or factors.\n(sec.112-ssec.7) A reference in subsection (5) to a person entering into commercial arrangements includes the entering into commercial arrangements on behalf of another person.\n(sec.112-ssec.8) A person must not contravene an order under subsection (3) or (5) . Maximum penalty for subsection (8) —500 penalty units.\n- (a) prohibiting the person from providing, or carrying on or managing a business providing, a personal appearance service; or\n- (b) prohibiting the person from having a financial interest in a business providing a personal appearance service; or\n- (c) if the person is a corporation, prohibiting an executive officer of the corporation, who was in a position to influence the conduct of the corporation in relation to the offence, from managing a corporation that carries on a business providing a personal appearance service.\n- (a) prohibiting the person from entering into commercial arrangements with a person who provides, or carries on or manages a business providing, a personal appearance service; or\n- (b) if the person is a corporation, prohibiting an executive officer of the corporation, who was in a position to influence the conduct of the corporation in relation to the offence, from entering into commercial arrangements with a person who provides, or carries on or manages a business providing, a personal appearance service.","sortOrder":138},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"General enforcement matters","content":"## General enforcement matters","sortOrder":139},{"sectionNumber":"sec.113","sectionType":"section","heading":"Notice of damage","content":"### sec.113 Notice of damage\n\nThis section applies if—\nan authorised person damages property when exercising or purporting to exercise a power; or\na person (the other person ) acting under the direction or authority of an authorised person damages property.\nThe authorised person must immediately give notice of particulars of the damage to the person who appears to the authorised person to be the owner of the property.\nIf the authorised person believes the damage was caused by a latent defect in the property or circumstances beyond the authorised person’s or other person’s control, the authorised person may state the belief in the notice.\nIf, for any reason, it is impracticable to comply with subsection (2) , the authorised person must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\nThis section does not apply to damage the authorised person reasonably believes is trivial.\nIn this section—\nowner , of property, includes the person in possession or control of it.\n(sec.113-ssec.1) This section applies if— an authorised person damages property when exercising or purporting to exercise a power; or a person (the other person ) acting under the direction or authority of an authorised person damages property.\n(sec.113-ssec.2) The authorised person must immediately give notice of particulars of the damage to the person who appears to the authorised person to be the owner of the property.\n(sec.113-ssec.3) If the authorised person believes the damage was caused by a latent defect in the property or circumstances beyond the authorised person’s or other person’s control, the authorised person may state the belief in the notice.\n(sec.113-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the authorised person must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\n(sec.113-ssec.5) This section does not apply to damage the authorised person reasonably believes is trivial.\n(sec.113-ssec.6) In this section— owner , of property, includes the person in possession or control of it.\n- (a) an authorised person damages property when exercising or purporting to exercise a power; or\n- (b) a person (the other person ) acting under the direction or authority of an authorised person damages property.","sortOrder":140},{"sectionNumber":"sec.114","sectionType":"section","heading":"Compensation","content":"### sec.114 Compensation\n\nIf a person incurs loss or expense because of the exercise or purported exercise of a power under any of the following subdivisions of division 2 by or for a local government, the person may claim compensation from the local government—\nsubdivision 1 (Entry of places);\nsubdivision 3 (Powers after entry);\nsubdivision 4 (Power to seize evidence).\nWithout limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision.\nCompensation may be claimed and ordered to be paid in a proceeding—\nbrought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\nfor an offence against this Act brought against the person claiming compensation.\nA court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.114-ssec.1) If a person incurs loss or expense because of the exercise or purported exercise of a power under any of the following subdivisions of division 2 by or for a local government, the person may claim compensation from the local government— subdivision 1 (Entry of places); subdivision 3 (Powers after entry); subdivision 4 (Power to seize evidence).\n(sec.114-ssec.2) Without limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision.\n(sec.114-ssec.3) Compensation may be claimed and ordered to be paid in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an offence against this Act brought against the person claiming compensation.\n(sec.114-ssec.4) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n- (a) subdivision 1 (Entry of places);\n- (b) subdivision 3 (Powers after entry);\n- (c) subdivision 4 (Power to seize evidence).\n- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\n- (b) for an offence against this Act brought against the person claiming compensation.","sortOrder":141},{"sectionNumber":"sec.115","sectionType":"section","heading":"False or misleading statements","content":"### sec.115 False or misleading statements\n\nA person must not state anything to an authorised person the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.","sortOrder":142},{"sectionNumber":"sec.116","sectionType":"section","heading":"False or misleading documents","content":"### sec.116 False or misleading documents\n\nA person must not give an authorised person a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the authorised person, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.116-ssec.1) A person must not give an authorised person a document containing information the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units.\n(sec.116-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the authorised person, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) tells the authorised person, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":143},{"sectionNumber":"sec.117","sectionType":"section","heading":"Obstructing an authorised person","content":"### sec.117 Obstructing an authorised person\n\nA person must not obstruct an authorised person in the exercise of a power, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf a person has obstructed an authorised person and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that—\nit is an offence to obstruct the authorised person unless the person has a reasonable excuse; and\nthe authorised person considers the person’s conduct an obstruction.\nIn this section—\nobstruct includes hinder and attempt to obstruct or hinder.\n(sec.117-ssec.1) A person must not obstruct an authorised person in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.117-ssec.2) If a person has obstructed an authorised person and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that— it is an offence to obstruct the authorised person unless the person has a reasonable excuse; and the authorised person considers the person’s conduct an obstruction.\n(sec.117-ssec.3) In this section— obstruct includes hinder and attempt to obstruct or hinder.\n- (a) it is an offence to obstruct the authorised person unless the person has a reasonable excuse; and\n- (b) the authorised person considers the person’s conduct an obstruction.","sortOrder":144},{"sectionNumber":"sec.118","sectionType":"section","heading":"Impersonating authorised person","content":"### sec.118 Impersonating authorised person\n\nA person must not pretend to be an authorised person.\nMaximum penalty—50 penalty units.","sortOrder":145},{"sectionNumber":"pt.7","sectionType":"part","heading":"Reviews","content":"# Reviews","sortOrder":146},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Internal review of decisions","content":"## Internal review of decisions","sortOrder":147},{"sectionNumber":"sec.119","sectionType":"section","heading":"Review process starts with internal review","content":"### sec.119 Review process starts with internal review\n\nSubject to this division, a person who is given, or is entitled to be given, an information notice for a decision under part 4 (the original decision ) may have the decision reviewed under this part.\nThe review must be, in the first instance, by way of an application for internal review under section 120 .\ns 119 amd 2009 No. 24 s 1232\n(sec.119-ssec.1) Subject to this division, a person who is given, or is entitled to be given, an information notice for a decision under part 4 (the original decision ) may have the decision reviewed under this part.\n(sec.119-ssec.2) The review must be, in the first instance, by way of an application for internal review under section 120 .","sortOrder":148},{"sectionNumber":"sec.120","sectionType":"section","heading":"Application for review to be made to the local government","content":"### sec.120 Application for review to be made to the local government\n\nThe person may apply to the local government that gave, or should have given, the person the information notice for a review of the original decision.","sortOrder":149},{"sectionNumber":"sec.121","sectionType":"section","heading":"Applying for review","content":"### sec.121 Applying for review\n\nThe application must be made within 28 days after—\nif the person is given an information notice for the decision—the day the person is given the information notice; or\nif paragraph (a) does not apply—the day the person otherwise becomes aware of the decision.\nThe local government may, at any time, extend the time for applying for the review.\nThe application must be in writing and state fully the grounds of the application.\n(sec.121-ssec.1) The application must be made within 28 days after— if the person is given an information notice for the decision—the day the person is given the information notice; or if paragraph (a) does not apply—the day the person otherwise becomes aware of the decision.\n(sec.121-ssec.2) The local government may, at any time, extend the time for applying for the review.\n(sec.121-ssec.3) The application must be in writing and state fully the grounds of the application.\n- (a) if the person is given an information notice for the decision—the day the person is given the information notice; or\n- (b) if paragraph (a) does not apply—the day the person otherwise becomes aware of the decision.","sortOrder":150},{"sectionNumber":"sec.122","sectionType":"section","heading":"Review decision","content":"### sec.122 Review decision\n\nAfter reviewing the original decision, the local government must make a further decision (the review decision ) to—\nconfirm the original decision; or\namend the original decision; or\nsubstitute another decision for the original decision.\nThe local government must immediately give the applicant notice of the review decision.\nIf the review decision is not the decision sought by the applicant, the notice must be a QCAT information notice.\nIf the local government does not give the notice mentioned in subsection (2) within 40 days after the application is made, the local government is taken to have made a review decision confirming the original decision on the 40th day after the application is made.\nIf the review decision confirms the original decision, for the purpose of a review of the review decision by QCAT, the original decision is taken to be the review decision.\nIf the review decision amends the original decision, for the purpose of a review of the review decision by QCAT, the original decision as amended is taken to be the review decision.\ns 122 amd 2009 No. 24 s 1233\n(sec.122-ssec.1) After reviewing the original decision, the local government must make a further decision (the review decision ) to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision.\n(sec.122-ssec.2) The local government must immediately give the applicant notice of the review decision.\n(sec.122-ssec.3) If the review decision is not the decision sought by the applicant, the notice must be a QCAT information notice.\n(sec.122-ssec.4) If the local government does not give the notice mentioned in subsection (2) within 40 days after the application is made, the local government is taken to have made a review decision confirming the original decision on the 40th day after the application is made.\n(sec.122-ssec.5) If the review decision confirms the original decision, for the purpose of a review of the review decision by QCAT, the original decision is taken to be the review decision.\n(sec.122-ssec.6) If the review decision amends the original decision, for the purpose of a review of the review decision by QCAT, the original decision as amended is taken to be the review decision.\n- (a) confirm the original decision; or\n- (b) amend the original decision; or\n- (c) substitute another decision for the original decision.","sortOrder":151},{"sectionNumber":"sec.123","sectionType":"section","heading":"Stay of operation of original decision","content":"### sec.123 Stay of operation of original decision\n\nIf an application is made for a review of an original decision, the applicant may immediately apply, as provided under the QCAT Act , to QCAT for a stay of the decision.\nQCAT may stay the decision to secure the effectiveness of the review and any later review.\nThe stay—\nmay be given on conditions QCAT considers appropriate; and\noperates for the period fixed by QCAT; and\nmay be revoked or amended by QCAT.\nThe period of the stay must not extend past the time when the local government that made the original decision makes a review decision about the original decision and any later period QCAT allows the applicant to enable the applicant to apply for a review of the review decision.\nAn application under subsection (1) affects the original decision, or carrying out of the original decision, only if the original decision is stayed.\ns 123 prev s 123 om 2009 No. 24 s 1234\npres s 123 ins 2009 No. 48 s 176\n(sec.123-ssec.1) If an application is made for a review of an original decision, the applicant may immediately apply, as provided under the QCAT Act , to QCAT for a stay of the decision.\n(sec.123-ssec.2) QCAT may stay the decision to secure the effectiveness of the review and any later review.\n(sec.123-ssec.3) The stay— may be given on conditions QCAT considers appropriate; and operates for the period fixed by QCAT; and may be revoked or amended by QCAT.\n(sec.123-ssec.4) The period of the stay must not extend past the time when the local government that made the original decision makes a review decision about the original decision and any later period QCAT allows the applicant to enable the applicant to apply for a review of the review decision.\n(sec.123-ssec.5) An application under subsection (1) affects the original decision, or carrying out of the original decision, only if the original decision is stayed.\n- (a) may be given on conditions QCAT considers appropriate; and\n- (b) operates for the period fixed by QCAT; and\n- (c) may be revoked or amended by QCAT.","sortOrder":152},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"External review of decisions","content":"## External review of decisions","sortOrder":153},{"sectionNumber":"sec.124","sectionType":"section","heading":"Who may apply for external review","content":"### sec.124 Who may apply for external review\n\nA person who has applied for the review of an original decision under division 1 and is dissatisfied with the review decision may apply, as provided under the QCAT Act , to QCAT for a review of the review decision.\ns 124 amd 2009 No. 24 s 1236","sortOrder":154},{"sectionNumber":"sec.125","sectionType":"section","heading":null,"content":"### Section sec.125\n\ns 125 om 2009 No. 24 s 1237","sortOrder":155},{"sectionNumber":"sec.126","sectionType":"section","heading":null,"content":"### Section sec.126\n\ns 126 om 2009 No. 24 s 1237","sortOrder":156},{"sectionNumber":"sec.127","sectionType":"section","heading":null,"content":"### Section sec.127\n\ns 127 om 2009 No. 24 s 1237","sortOrder":157},{"sectionNumber":"sec.128","sectionType":"section","heading":null,"content":"### Section sec.128\n\ns 128 om 2009 No. 24 s 1237","sortOrder":158},{"sectionNumber":"sec.129","sectionType":"section","heading":null,"content":"### Section sec.129\n\ns 129 om 2009 No. 24 s 1237","sortOrder":159},{"sectionNumber":"sec.130","sectionType":"section","heading":null,"content":"### Section sec.130\n\ns 130 om 2009 No. 24 s 1237","sortOrder":160},{"sectionNumber":"pt.8","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":161},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Application","content":"## Application","sortOrder":162},{"sectionNumber":"sec.131","sectionType":"section","heading":"Application of part","content":"### sec.131 Application of part\n\nThis part applies to a proceeding under this Act.","sortOrder":163},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":164},{"sectionNumber":"sec.132","sectionType":"section","heading":"Appointments and authority","content":"### sec.132 Appointments and authority\n\nThe following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—\nthe chief executive’s appointment;\na chief executive officer’s appointment;\nan authorised person’s appointment;\nthe authority of the chief executive, a local government, a chief executive officer or an authorised person to do anything under this Act.\n- (a) the chief executive’s appointment;\n- (b) a chief executive officer’s appointment;\n- (c) an authorised person’s appointment;\n- (d) the authority of the chief executive, a local government, a chief executive officer or an authorised person to do anything under this Act.","sortOrder":165},{"sectionNumber":"sec.133","sectionType":"section","heading":"Signatures","content":"### sec.133 Signatures\n\nA signature purporting to be the signature of the chief executive, a chief executive officer or an authorised person is evidence of the signature it purports to be.","sortOrder":166},{"sectionNumber":"sec.134","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.134 Evidentiary provisions\n\nA certificate purporting to be signed by the chief executive or a chief executive officer and stating any of the following matters is evidence of the matter—\na stated document is one of the following things made, given, issued or kept under this Act—\nan appointment, approval or decision;\na notice or requirement;\na licence;\na record, or an extract from a record;\na stated document is another document kept under this Act;\na stated document is a copy of a thing mentioned in paragraph (a) or (b) ;\non a stated day, or during a stated period, a stated person was or was not a licensee;\non a stated day, or during a stated period, a licence—\nwas or was not in force; or\nwas or was not subject to a stated condition;\non a stated day, a licence was suspended or cancelled;\non a stated day, or during a stated period, an appointment as an authorised person was, or was not, in force for a stated person;\non a stated day, a stated person was given a stated notice under this Act;\non a stated day, a stated requirement was made of a stated person;\na stated amount is payable under this Act by a stated person and has not been paid.\nIn a complaint starting a proceeding, a statement that the matter of complaint came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.\n(sec.134-ssec.1) A certificate purporting to be signed by the chief executive or a chief executive officer and stating any of the following matters is evidence of the matter— a stated document is one of the following things made, given, issued or kept under this Act— an appointment, approval or decision; a notice or requirement; a licence; a record, or an extract from a record; a stated document is another document kept under this Act; a stated document is a copy of a thing mentioned in paragraph (a) or (b) ; on a stated day, or during a stated period, a stated person was or was not a licensee; on a stated day, or during a stated period, a licence— was or was not in force; or was or was not subject to a stated condition; on a stated day, a licence was suspended or cancelled; on a stated day, or during a stated period, an appointment as an authorised person was, or was not, in force for a stated person; on a stated day, a stated person was given a stated notice under this Act; on a stated day, a stated requirement was made of a stated person; a stated amount is payable under this Act by a stated person and has not been paid.\n(sec.134-ssec.2) In a complaint starting a proceeding, a statement that the matter of complaint came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.\n- (a) a stated document is one of the following things made, given, issued or kept under this Act— (i) an appointment, approval or decision; (ii) a notice or requirement; (iii) a licence; (iv) a record, or an extract from a record;\n- (i) an appointment, approval or decision;\n- (ii) a notice or requirement;\n- (iii) a licence;\n- (iv) a record, or an extract from a record;\n- (b) a stated document is another document kept under this Act;\n- (c) a stated document is a copy of a thing mentioned in paragraph (a) or (b) ;\n- (d) on a stated day, or during a stated period, a stated person was or was not a licensee;\n- (e) on a stated day, or during a stated period, a licence— (i) was or was not in force; or (ii) was or was not subject to a stated condition;\n- (i) was or was not in force; or\n- (ii) was or was not subject to a stated condition;\n- (f) on a stated day, a licence was suspended or cancelled;\n- (g) on a stated day, or during a stated period, an appointment as an authorised person was, or was not, in force for a stated person;\n- (h) on a stated day, a stated person was given a stated notice under this Act;\n- (i) on a stated day, a stated requirement was made of a stated person;\n- (j) a stated amount is payable under this Act by a stated person and has not been paid.\n- (i) an appointment, approval or decision;\n- (ii) a notice or requirement;\n- (iii) a licence;\n- (iv) a record, or an extract from a record;\n- (i) was or was not in force; or\n- (ii) was or was not subject to a stated condition;","sortOrder":167},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Proceedings","content":"## Proceedings","sortOrder":168},{"sectionNumber":"sec.135","sectionType":"section","heading":"Summary offences","content":"### sec.135 Summary offences\n\nA proceeding for an offence against this Act is to be taken in a summary way under the Justices Act 1886 .\nThe proceeding must start—\nwithin 1 year after the commission of the offence; or\nwithin 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n(sec.135-ssec.1) A proceeding for an offence against this Act is to be taken in a summary way under the Justices Act 1886 .\n(sec.135-ssec.2) The proceeding must start— within 1 year after the commission of the offence; or within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) within 1 year after the commission of the offence; or\n- (b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":169},{"sectionNumber":"sec.136","sectionType":"section","heading":"Allegations of false or misleading information or document","content":"### sec.136 Allegations of false or misleading information or document\n\nIn any proceeding for an offence against this Act defined as involving false or misleading information, or a false or misleading document, it is enough for a charge to state that the information or document was, without specifying which, ‘false or misleading’.","sortOrder":170},{"sectionNumber":"sec.137","sectionType":"section","heading":"Recovery of costs of investigation","content":"### sec.137 Recovery of costs of investigation\n\nThis section applies if—\na court convicts a person of an offence against this Act; and\na local government applies to the court for an order against the person for the payment of the costs the local government has incurred in taking a thing or doing something else during the investigation of the offence; and\nthe court finds the local government has reasonably incurred the costs.\nThe court may order the person to pay the local government an amount equal to the costs if it is satisfied it would be just to make the order in the circumstances of the particular case.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n(sec.137-ssec.1) This section applies if— a court convicts a person of an offence against this Act; and a local government applies to the court for an order against the person for the payment of the costs the local government has incurred in taking a thing or doing something else during the investigation of the offence; and the court finds the local government has reasonably incurred the costs.\n(sec.137-ssec.2) The court may order the person to pay the local government an amount equal to the costs if it is satisfied it would be just to make the order in the circumstances of the particular case.\n(sec.137-ssec.3) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n- (a) a court convicts a person of an offence against this Act; and\n- (b) a local government applies to the court for an order against the person for the payment of the costs the local government has incurred in taking a thing or doing something else during the investigation of the offence; and\n- (c) the court finds the local government has reasonably incurred the costs.","sortOrder":171},{"sectionNumber":"sec.138","sectionType":"section","heading":"Application for order for payment of costs under s 137","content":"### sec.138 Application for order for payment of costs under s 137\n\nAn application to a court under section 137 is, and any order made by the court on the application is a judgment, in the court’s civil jurisdiction.\nAny issue on the application is to be decided on the balance of probabilities.\n(sec.138-ssec.1) An application to a court under section 137 is, and any order made by the court on the application is a judgment, in the court’s civil jurisdiction.\n(sec.138-ssec.2) Any issue on the application is to be decided on the balance of probabilities.","sortOrder":172},{"sectionNumber":"sec.139","sectionType":"section","heading":"Forfeiture on conviction","content":"### sec.139 Forfeiture on conviction\n\nOn conviction of a person for an offence against this Act, a court may order the forfeiture to a local government of—\nanything used to commit the offence; or\nanything else the subject of the offence.\nThe court may make the order—\nwhether or not the thing has been seized; and\nif the thing has been seized, whether or not the thing has been returned to its owner.\nThe court may make any order to enforce the forfeiture it considers appropriate.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n(sec.139-ssec.1) On conviction of a person for an offence against this Act, a court may order the forfeiture to a local government of— anything used to commit the offence; or anything else the subject of the offence.\n(sec.139-ssec.2) The court may make the order— whether or not the thing has been seized; and if the thing has been seized, whether or not the thing has been returned to its owner.\n(sec.139-ssec.3) The court may make any order to enforce the forfeiture it considers appropriate.\n(sec.139-ssec.4) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n- (a) anything used to commit the offence; or\n- (b) anything else the subject of the offence.\n- (a) whether or not the thing has been seized; and\n- (b) if the thing has been seized, whether or not the thing has been returned to its owner.","sortOrder":173},{"sectionNumber":"sec.140","sectionType":"section","heading":"Dealing with forfeited thing","content":"### sec.140 Dealing with forfeited thing\n\nOn the forfeiture of a thing to a local government, the thing becomes the local government’s property and may be dealt with by the local government as the local government considers appropriate.\nWithout limiting subsection (1) , the local government may destroy the thing.\n(sec.140-ssec.1) On the forfeiture of a thing to a local government, the thing becomes the local government’s property and may be dealt with by the local government as the local government considers appropriate.\n(sec.140-ssec.2) Without limiting subsection (1) , the local government may destroy the thing.","sortOrder":174},{"sectionNumber":"sec.141","sectionType":"section","heading":"Responsibility for acts or omissions of representative","content":"### sec.141 Responsibility for acts or omissions of representative\n\nThis section applies in a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\nIn this section—\nrepresentative means—\nfor a corporation—an executive officer, employee or agent of the corporation; or\nfor an individual—an employee or agent of the individual.\nstate of mind of a person includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\n(sec.141-ssec.1) This section applies in a proceeding for an offence against this Act.\n(sec.141-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.141-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n(sec.141-ssec.4) In this section— representative means— for a corporation—an executive officer, employee or agent of the corporation; or for an individual—an employee or agent of the individual. state of mind of a person includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) for a corporation—an executive officer, employee or agent of the corporation; or\n- (b) for an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":175},{"sectionNumber":"sec.142","sectionType":"section","heading":"Liability of executive officer—particular offences committed by corporation","content":"### sec.142 Liability of executive officer—particular offences committed by corporation\n\nAn executive officer of a corporation commits an offence if—\nthe corporation commits an offence against an executive liability provision; and\nthe officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.\nMaximum penalty—the penalty for a contravention of the executive liability provision by an individual.\nIn deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to—\nwhether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and\nwhether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and\nany other relevant matter.\nThe executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision.\nThis section does not affect—\nthe liability of the corporation for the offence against the executive liability provision; or\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.\nIn this section—\nexecutive liability provision means any of the following provisions—\nsection 19 (1)\nsection 19 (2) .\ns 142 sub 2013 No. 51 s 172\n(sec.142-ssec.1) An executive officer of a corporation commits an offence if— the corporation commits an offence against an executive liability provision; and the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual.\n(sec.142-ssec.2) In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to— whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and any other relevant matter.\n(sec.142-ssec.3) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision.\n(sec.142-ssec.4) This section does not affect— the liability of the corporation for the offence against the executive liability provision; or the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.\n(sec.142-ssec.5) In this section— executive liability provision means any of the following provisions— section 19 (1) section 19 (2) .\n- (a) the corporation commits an offence against an executive liability provision; and\n- (b) the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.\n- (a) whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and\n- (b) whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and\n- (c) any other relevant matter.\n- (a) the liability of the corporation for the offence against the executive liability provision; or\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.\n- • section 19 (1)\n- • section 19 (2) .","sortOrder":176},{"sectionNumber":"sec.143","sectionType":"section","heading":"Fines payable to local government","content":"### sec.143 Fines payable to local government\n\nThis section applies if—\na proceeding for an offence about a matter is taken by a local government; and\na court imposes a fine for the offence.\nThe fine must be paid to the local government.\n(sec.143-ssec.1) This section applies if— a proceeding for an offence about a matter is taken by a local government; and a court imposes a fine for the offence.\n(sec.143-ssec.2) The fine must be paid to the local government.\n- (a) a proceeding for an offence about a matter is taken by a local government; and\n- (b) a court imposes a fine for the offence.","sortOrder":177},{"sectionNumber":"pt.9","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":178},{"sectionNumber":"sec.144","sectionType":"section","heading":"Service of documents","content":"### sec.144 Service of documents\n\nIf a document is required or permitted under this Act to be given to a person, the document may be given to the person by facsimile transmission directed and sent to—\nthe last transmission number given to the giver of the document by the person as the facsimile transmission number for service of documents on the person; or\nthe facsimile transmission number operated—\nat the address of the person last known to the giver of the document; or\nif the person is a corporation, at the corporation’s registered office under the Corporations Act .\nA document given under subsection (1) is taken to have been given on the day the document is transmitted.\nThis section does not limit any other means of giving documents authorised or permitted by law including, for example, under the Acts Interpretation Act 1954 , part 10 .\n(sec.144-ssec.1) If a document is required or permitted under this Act to be given to a person, the document may be given to the person by facsimile transmission directed and sent to— the last transmission number given to the giver of the document by the person as the facsimile transmission number for service of documents on the person; or the facsimile transmission number operated— at the address of the person last known to the giver of the document; or if the person is a corporation, at the corporation’s registered office under the Corporations Act .\n(sec.144-ssec.2) A document given under subsection (1) is taken to have been given on the day the document is transmitted.\n(sec.144-ssec.3) This section does not limit any other means of giving documents authorised or permitted by law including, for example, under the Acts Interpretation Act 1954 , part 10 .\n- (a) the last transmission number given to the giver of the document by the person as the facsimile transmission number for service of documents on the person; or\n- (b) the facsimile transmission number operated— (i) at the address of the person last known to the giver of the document; or (ii) if the person is a corporation, at the corporation’s registered office under the Corporations Act .\n- (i) at the address of the person last known to the giver of the document; or\n- (ii) if the person is a corporation, at the corporation’s registered office under the Corporations Act .\n- (i) at the address of the person last known to the giver of the document; or\n- (ii) if the person is a corporation, at the corporation’s registered office under the Corporations Act .","sortOrder":179},{"sectionNumber":"sec.145","sectionType":"section","heading":"Protecting officials from liability","content":"### sec.145 Protecting officials from liability\n\nAn official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to—\nif the official is the chief executive officer of a local government, an authorised person appointed by a local government or acting under the direction of an authorised person appointed by a local government—the local government; or\nif paragraph (a) does not apply—the State.\nIn this section—\nofficial means—\nthe Minister; or\nthe chief executive; or\na chief executive officer; or\nan authorised person; or\na person acting under the direction of an authorised person.\n(sec.145-ssec.1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.145-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to— if the official is the chief executive officer of a local government, an authorised person appointed by a local government or acting under the direction of an authorised person appointed by a local government—the local government; or if paragraph (a) does not apply—the State.\n(sec.145-ssec.3) In this section— official means— the Minister; or the chief executive; or a chief executive officer; or an authorised person; or a person acting under the direction of an authorised person.\n- (a) if the official is the chief executive officer of a local government, an authorised person appointed by a local government or acting under the direction of an authorised person appointed by a local government—the local government; or\n- (b) if paragraph (a) does not apply—the State.\n- (a) the Minister; or\n- (b) the chief executive; or\n- (c) a chief executive officer; or\n- (d) an authorised person; or\n- (e) a person acting under the direction of an authorised person.","sortOrder":180},{"sectionNumber":"sec.146","sectionType":"section","heading":"Delegation by chief executive","content":"### sec.146 Delegation by chief executive\n\nThe chief executive may delegate the chief executive’s powers under this Act to the following appropriately qualified persons—\na public service employee in the department;\na health service employee under the Hospital and Health Boards Act 2011 .\nIn this section—\nappropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.\na person’s classification level in the department\ns 146 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\n(sec.146-ssec.1) The chief executive may delegate the chief executive’s powers under this Act to the following appropriately qualified persons— a public service employee in the department; a health service employee under the Hospital and Health Boards Act 2011 .\n(sec.146-ssec.2) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power. a person’s classification level in the department\n- (a) a public service employee in the department;\n- (b) a health service employee under the Hospital and Health Boards Act 2011 .","sortOrder":181},{"sectionNumber":"sec.147","sectionType":"section","heading":"Approval of forms","content":"### sec.147 Approval of forms\n\nA local government may approve forms for use under this Act.","sortOrder":182},{"sectionNumber":"sec.148","sectionType":"section","heading":"Regulation-making power","content":"### sec.148 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , a regulation may—\nprescribe ways to minimise the risk of infection relating to personal appearance services; and\nset fees payable under this Act and the matters for which the fees are payable including fees for section 9 (3) (b) ; and\nimpose a penalty of not more than 20 penalty units for a contravention of a provision of a regulation.\n(sec.148-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.148-ssec.2) Without limiting subsection (1) , a regulation may— prescribe ways to minimise the risk of infection relating to personal appearance services; and set fees payable under this Act and the matters for which the fees are payable including fees for section 9 (3) (b) ; and impose a penalty of not more than 20 penalty units for a contravention of a provision of a regulation.\n- (a) prescribe ways to minimise the risk of infection relating to personal appearance services; and\n- (b) set fees payable under this Act and the matters for which the fees are payable including fees for section 9 (3) (b) ; and\n- (c) impose a penalty of not more than 20 penalty units for a contravention of a provision of a regulation.","sortOrder":183},{"sectionNumber":"pt.10","sectionType":"part","heading":"Transitional","content":"# Transitional","sortOrder":184},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Transitional provisions for Act No. 81 of 2003","content":"## Transitional provisions for Act No. 81 of 2003","sortOrder":185},{"sectionNumber":"sec.149","sectionType":"section","heading":"Definitions for pt 10","content":"### sec.149 Definitions for pt 10\n\nIn this part—\ncommencement means the commencement of this part.\nformer regulation means the Health Regulation 1996 as in force before the commencement.","sortOrder":186},{"sectionNumber":"sec.150","sectionType":"section","heading":"Pending applications for licences under pt 5 of the former regulation","content":"### sec.150 Pending applications for licences under pt 5 of the former regulation\n\nThis section applies to each of the following applications made under part 5 of the former regulation pending immediately before the commencement—\nan application for a licence;\nan application for the renewal of a licence;\nan application for the transfer of a licence.\nThe application lapses and the fee paid by the applicant to a local government for the application must be refunded in full to the applicant by the local government.\n(sec.150-ssec.1) This section applies to each of the following applications made under part 5 of the former regulation pending immediately before the commencement— an application for a licence; an application for the renewal of a licence; an application for the transfer of a licence.\n(sec.150-ssec.2) The application lapses and the fee paid by the applicant to a local government for the application must be refunded in full to the applicant by the local government.\n- (a) an application for a licence;\n- (b) an application for the renewal of a licence;\n- (c) an application for the transfer of a licence.","sortOrder":187},{"sectionNumber":"sec.151","sectionType":"section","heading":"Lapsing of licence held under pt 5 of former regulation","content":"### sec.151 Lapsing of licence held under pt 5 of former regulation\n\nThis section applies if a person is the holder of a licence under part 5 of the former regulation immediately before the commencement.\nOn the commencement the licence lapses.\n(sec.151-ssec.1) This section applies if a person is the holder of a licence under part 5 of the former regulation immediately before the commencement.\n(sec.151-ssec.2) On the commencement the licence lapses.","sortOrder":188},{"sectionNumber":"sec.152","sectionType":"section","heading":"Action to cancel or suspend a licence under pt 5 of former regulation","content":"### sec.152 Action to cancel or suspend a licence under pt 5 of former regulation\n\nThis section applies if a licence under part 5 of the former regulation lapses under section 151.\nA notice under the former regulation to show cause why a notice should not be given cancelling or suspending the licence also lapses.\n(sec.152-ssec.1) This section applies if a licence under part 5 of the former regulation lapses under section 151.\n(sec.152-ssec.2) A notice under the former regulation to show cause why a notice should not be given cancelling or suspending the licence also lapses.","sortOrder":189},{"sectionNumber":"sec.153","sectionType":"section","heading":"Pending application for registration of an establishment under pt 15 of the former regulation","content":"### sec.153 Pending application for registration of an establishment under pt 15 of the former regulation\n\nThis section applies to an application for registration of an establishment ( the premises ) made under part 15 of the former regulation.\nThe application is taken to be an application for a licence to carry on business providing higher risk personal appearance services from the premises made under the relevant section of this Act if—\nthe application is pending immediately before the commencement; and\nthe services to be provided at the premises are higher risk personal appearance services.\nA local government—\nmay assess the suitability of the applicant and the premises under this Act; and\nfor that purpose may make inquiries and require further information or a document under section 37.\nHowever, if a regulation states that section 36(a)(ii) does not apply to an application to which this section applies made before a stated date, section 36(a)(ii) does not apply to an application made before the stated date.\nThe stated date under subsection (4) must not be more than 1 year after the commencement.\nIf the services to be provided at the premises are not higher risk personal appearance services—\nthe application lapses; and\nthe fee paid by the applicant to a local government for the application must be refunded in full to the applicant by the local government.\n(sec.153-ssec.1) This section applies to an application for registration of an establishment ( the premises ) made under part 15 of the former regulation.\n(sec.153-ssec.2) The application is taken to be an application for a licence to carry on business providing higher risk personal appearance services from the premises made under the relevant section of this Act if— the application is pending immediately before the commencement; and the services to be provided at the premises are higher risk personal appearance services.\n(sec.153-ssec.3) A local government— may assess the suitability of the applicant and the premises under this Act; and for that purpose may make inquiries and require further information or a document under section 37.\n(sec.153-ssec.4) However, if a regulation states that section 36(a)(ii) does not apply to an application to which this section applies made before a stated date, section 36(a)(ii) does not apply to an application made before the stated date.\n(sec.153-ssec.5) The stated date under subsection (4) must not be more than 1 year after the commencement.\n(sec.153-ssec.6) If the services to be provided at the premises are not higher risk personal appearance services— the application lapses; and the fee paid by the applicant to a local government for the application must be refunded in full to the applicant by the local government.\n- (a) the application is pending immediately before the commencement; and\n- (b) the services to be provided at the premises are higher risk personal appearance services.\n- (a) may assess the suitability of the applicant and the premises under this Act; and\n- (b) for that purpose may make inquiries and require further information or a document under section 37.\n- (a) the application lapses; and\n- (b) the fee paid by the applicant to a local government for the application must be refunded in full to the applicant by the local government.","sortOrder":190},{"sectionNumber":"sec.154","sectionType":"section","heading":"Pending application for renewal of registration of an establishment under pt15 of the former regulation","content":"### sec.154 Pending application for renewal of registration of an establishment under pt15 of the former regulation\n\nThis section applies to an application for renewal of registration of an establishment ( the premises ) made under part 15 of the former regulation.\nThe application is taken to be an application for renewal of a licence to carry on business providing higher risk personal appearance services from the premises made under the relevant section of this Act if—\nthe application is pending immediately before the commencement; and\nthe services being provided at the premises are higher risk personal appearance services.\nA local government—\nmay assess the suitability of the applicant and the premises under this Act; and\nfor that purpose may make inquiries and require further information or a document under section 45.\nHowever, if a regulation states that section 36(a)(ii) does not apply to an application to which this section applies made before a stated date, section 36(a)(ii) does not apply to an application made before the stated date.\nThe stated date under subsection (4) must not be more than 1 year after the commencement.\nIf the services being provided at the premises are not higher risk personal appearance services—\nthe application lapses; and\nthe fee paid by the applicant to a local government for the application must be refunded in full to the applicant by the local government.\n(sec.154-ssec.1) This section applies to an application for renewal of registration of an establishment ( the premises ) made under part 15 of the former regulation.\n(sec.154-ssec.2) The application is taken to be an application for renewal of a licence to carry on business providing higher risk personal appearance services from the premises made under the relevant section of this Act if— the application is pending immediately before the commencement; and the services being provided at the premises are higher risk personal appearance services.\n(sec.154-ssec.3) A local government— may assess the suitability of the applicant and the premises under this Act; and for that purpose may make inquiries and require further information or a document under section 45.\n(sec.154-ssec.4) However, if a regulation states that section 36(a)(ii) does not apply to an application to which this section applies made before a stated date, section 36(a)(ii) does not apply to an application made before the stated date.\n(sec.154-ssec.5) The stated date under subsection (4) must not be more than 1 year after the commencement.\n(sec.154-ssec.6) If the services being provided at the premises are not higher risk personal appearance services— the application lapses; and the fee paid by the applicant to a local government for the application must be refunded in full to the applicant by the local government.\n- (a) the application is pending immediately before the commencement; and\n- (b) the services being provided at the premises are higher risk personal appearance services.\n- (a) may assess the suitability of the applicant and the premises under this Act; and\n- (b) for that purpose may make inquiries and require further information or a document under section 45.\n- (a) the application lapses; and\n- (b) the fee paid by the applicant to a local government for the application must be refunded in full to the applicant by the local government.","sortOrder":191},{"sectionNumber":"sec.155","sectionType":"section","heading":"When single licence may be issued for applications under pt 15 of the former regulation","content":"### sec.155 When single licence may be issued for applications under pt 15 of the former regulation\n\nThis section applies if a local government has received applications for registration or renewal of registration of 2 or more establishments ( the premises ) to which sections 153(2) and 154(2) apply.\nThe local government may issue a single licence to cover all the premises.\n(sec.155-ssec.1) This section applies if a local government has received applications for registration or renewal of registration of 2 or more establishments ( the premises ) to which sections 153(2) and 154(2) apply.\n(sec.155-ssec.2) The local government may issue a single licence to cover all the premises.","sortOrder":192},{"sectionNumber":"sec.156","sectionType":"section","heading":"Effect of registration of an establishment providing higher risk personal appearance services under pt 15 of the former regulation","content":"### sec.156 Effect of registration of an establishment providing higher risk personal appearance services under pt 15 of the former regulation\n\nThis section applies if—\na person is the proprietor of an establishment ( the premises ) registered under part 15 of the former regulation immediately before the commencement; and\nservices being provided at the premises are higher risk personal appearance services.\nOn the commencement, the registration is taken to be a licence issued to the person to carry on business providing higher risk personal appearance services from the premises under this Act (a continued licence ).\nSubject to this part, a continued licence remains in force for the remainder of the period of the registration under the former regulation.\nSubsection (2) applies to a registration under part 15 of the former regulation even if the registration was suspended at the commencement.\nHowever, the suspension is taken to continue as a suspension of the continued licence.\n(sec.156-ssec.1) This section applies if— a person is the proprietor of an establishment ( the premises ) registered under part 15 of the former regulation immediately before the commencement; and services being provided at the premises are higher risk personal appearance services.\n(sec.156-ssec.2) On the commencement, the registration is taken to be a licence issued to the person to carry on business providing higher risk personal appearance services from the premises under this Act (a continued licence ).\n(sec.156-ssec.3) Subject to this part, a continued licence remains in force for the remainder of the period of the registration under the former regulation.\n(sec.156-ssec.4) Subsection (2) applies to a registration under part 15 of the former regulation even if the registration was suspended at the commencement.\n(sec.156-ssec.5) However, the suspension is taken to continue as a suspension of the continued licence.\n- (a) a person is the proprietor of an establishment ( the premises ) registered under part 15 of the former regulation immediately before the commencement; and\n- (b) services being provided at the premises are higher risk personal appearance services.","sortOrder":193},{"sectionNumber":"sec.157","sectionType":"section","heading":"Application of this Act to a continued licence","content":"### sec.157 Application of this Act to a continued licence\n\nThis Act applies to a continued licence for the remainder of the period of registration under the former regulation.\nHowever, if a regulation states that section 41(1)(b)(iii) and (iv) does not apply to a continued licence until a stated date, section 41(1)(b)(iii) and (iv) does not apply to the licence until the date.\nThe stated date under subsection (2) must not be more than 1 year after the commencement.\nFor a continued licence, for the remainder of the period of the registration under the former regulation, a local government may not charge an inspection fee under part 6, division 3 for inspecting the premises to which the licence relates.\nSubsection (6) applies to an application for the renewal of a continued licence.\nIf a regulation states that section 36(a)(ii) does not apply to an application for renewal made before a stated date, section 36(a)(ii) does not apply to an application made before the stated date.\nThe stated date under subsection (6) must not be more than 1 year after the commencement.\n(sec.157-ssec.1) This Act applies to a continued licence for the remainder of the period of registration under the former regulation.\n(sec.157-ssec.2) However, if a regulation states that section 41(1)(b)(iii) and (iv) does not apply to a continued licence until a stated date, section 41(1)(b)(iii) and (iv) does not apply to the licence until the date.\n(sec.157-ssec.3) The stated date under subsection (2) must not be more than 1 year after the commencement.\n(sec.157-ssec.4) For a continued licence, for the remainder of the period of the registration under the former regulation, a local government may not charge an inspection fee under part 6, division 3 for inspecting the premises to which the licence relates.\n(sec.157-ssec.5) Subsection (6) applies to an application for the renewal of a continued licence.\n(sec.157-ssec.6) If a regulation states that section 36(a)(ii) does not apply to an application for renewal made before a stated date, section 36(a)(ii) does not apply to an application made before the stated date.\n(sec.157-ssec.7) The stated date under subsection (6) must not be more than 1 year after the commencement.","sortOrder":194},{"sectionNumber":"sec.158","sectionType":"section","heading":"Lapsing of registration of establishment registered under pt 15 of the former regulation","content":"### sec.158 Lapsing of registration of establishment registered under pt 15 of the former regulation\n\nThis section applies if—\na person is the proprietor of an establishment ( the premises ) registered under part 15 of the former regulation immediately before the commencement; and\nservices being provided at the premises are not higher risk personal appearance services.\nThe registration of the establishment lapses.\n(sec.158-ssec.1) This section applies if— a person is the proprietor of an establishment ( the premises ) registered under part 15 of the former regulation immediately before the commencement; and services being provided at the premises are not higher risk personal appearance services.\n(sec.158-ssec.2) The registration of the establishment lapses.\n- (a) a person is the proprietor of an establishment ( the premises ) registered under part 15 of the former regulation immediately before the commencement; and\n- (b) services being provided at the premises are not higher risk personal appearance services.","sortOrder":195},{"sectionNumber":"sec.159","sectionType":"section","heading":"Application of Act to certain licences relating to establishments previously registered","content":"### sec.159 Application of Act to certain licences relating to establishments previously registered\n\nThis section applies if—\na person is—\nthe proprietor of an establishment ( the premises )—\nregistered under part 15 of the former regulation immediately before the commencement; or\nregistered under part 15 of the former regulation before the commencement and for which an application for renewal is pending immediately before the commencement; or\nan applicant for registration of an establishment (also the premises ) made under part 15 of the former regulation pending immediately before the commencement; and\nservices being provided, or to be provided, at the premises are higher risk personal appearance services; and\na licence relating to the premises is subsequently issued under this Act.\nThis Act applies to the licence mentioned in subsection (1)(c).\nHowever, if a regulation states that for a licence issued before a stated date, section 41(1)(b)(iii) and (iv) does not apply to the licence until a stated date, section 41(1)(b)(iii) and (iv) does not apply to the licence until the date.\nThe stated date under subsection (3) must not be more than 1 year after the commencement.\n(sec.159-ssec.1) This section applies if— a person is— the proprietor of an establishment ( the premises )— registered under part 15 of the former regulation immediately before the commencement; or registered under part 15 of the former regulation before the commencement and for which an application for renewal is pending immediately before the commencement; or an applicant for registration of an establishment (also the premises ) made under part 15 of the former regulation pending immediately before the commencement; and services being provided, or to be provided, at the premises are higher risk personal appearance services; and a licence relating to the premises is subsequently issued under this Act.\n(sec.159-ssec.2) This Act applies to the licence mentioned in subsection (1)(c).\n(sec.159-ssec.3) However, if a regulation states that for a licence issued before a stated date, section 41(1)(b)(iii) and (iv) does not apply to the licence until a stated date, section 41(1)(b)(iii) and (iv) does not apply to the licence until the date.\n(sec.159-ssec.4) The stated date under subsection (3) must not be more than 1 year after the commencement.\n- (a) a person is— (i) the proprietor of an establishment ( the premises )— (A) registered under part 15 of the former regulation immediately before the commencement; or (B) registered under part 15 of the former regulation before the commencement and for which an application for renewal is pending immediately before the commencement; or (ii) an applicant for registration of an establishment (also the premises ) made under part 15 of the former regulation pending immediately before the commencement; and\n- (i) the proprietor of an establishment ( the premises )— (A) registered under part 15 of the former regulation immediately before the commencement; or (B) registered under part 15 of the former regulation before the commencement and for which an application for renewal is pending immediately before the commencement; or\n- (A) registered under part 15 of the former regulation immediately before the commencement; or\n- (B) registered under part 15 of the former regulation before the commencement and for which an application for renewal is pending immediately before the commencement; or\n- (ii) an applicant for registration of an establishment (also the premises ) made under part 15 of the former regulation pending immediately before the commencement; and\n- (b) services being provided, or to be provided, at the premises are higher risk personal appearance services; and\n- (c) a licence relating to the premises is subsequently issued under this Act.\n- (i) the proprietor of an establishment ( the premises )— (A) registered under part 15 of the former regulation immediately before the commencement; or (B) registered under part 15 of the former regulation before the commencement and for which an application for renewal is pending immediately before the commencement; or\n- (A) registered under part 15 of the former regulation immediately before the commencement; or\n- (B) registered under part 15 of the former regulation before the commencement and for which an application for renewal is pending immediately before the commencement; or\n- (ii) an applicant for registration of an establishment (also the premises ) made under part 15 of the former regulation pending immediately before the commencement; and\n- (A) registered under part 15 of the former regulation immediately before the commencement; or\n- (B) registered under part 15 of the former regulation before the commencement and for which an application for renewal is pending immediately before the commencement; or","sortOrder":196},{"sectionNumber":"sec.160","sectionType":"section","heading":"Offences","content":"### sec.160 Offences\n\nA proceeding for an offence against a provision of the former regulation may be started or continued, and the provisions of the former regulation, and other provisions of the Health Act 1937 , that are necessary or convenient to be used in relation to the proceeding continue to apply, as if this Act had not commenced.\nFor subsection (1), the Acts Interpretation Act 1954 , section 20 applies, but does not limit the subsection.\n(sec.160-ssec.1) A proceeding for an offence against a provision of the former regulation may be started or continued, and the provisions of the former regulation, and other provisions of the Health Act 1937 , that are necessary or convenient to be used in relation to the proceeding continue to apply, as if this Act had not commenced.\n(sec.160-ssec.2) For subsection (1), the Acts Interpretation Act 1954 , section 20 applies, but does not limit the subsection.","sortOrder":197},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Transitional provisions for Health and Other Legislation Amendment Act 2022","content":"## Transitional provisions for Health and Other Legislation Amendment Act 2022","sortOrder":198},{"sectionNumber":"sec.161","sectionType":"section","heading":"Continuing application of former pt 4, div 2","content":"### sec.161 Continuing application of former pt 4, div 2\n\nThis section applies if—\nbefore the commencement, a person made an application under former section 44; and\nimmediately before the commencement, the application—\nhad not been decided under former section 44; and\nwas not taken to have been withdrawn under section 45(2); and\nhad not been otherwise withdrawn.\nFormer part 4, division 2 continues to apply in relation to the application as if the Health and Other Legislation Amendment Act 2022 had not commenced.\nIn this section—\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\ns 161 prev s 161 exp 1 July 2005 (see s 161(3))\npres s 161 ins 2022 No. 1 s 112\n(sec.161-ssec.1) This section applies if— before the commencement, a person made an application under former section 44; and immediately before the commencement, the application— had not been decided under former section 44; and was not taken to have been withdrawn under section 45(2); and had not been otherwise withdrawn.\n(sec.161-ssec.2) Former part 4, division 2 continues to apply in relation to the application as if the Health and Other Legislation Amendment Act 2022 had not commenced.\n(sec.161-ssec.3) In this section— former , for a provision of this Act, means the provision as in force from time to time before the commencement.\n- (a) before the commencement, a person made an application under former section 44; and\n- (b) immediately before the commencement, the application— (i) had not been decided under former section 44; and (ii) was not taken to have been withdrawn under section 45(2); and (iii) had not been otherwise withdrawn.\n- (i) had not been decided under former section 44; and\n- (ii) was not taken to have been withdrawn under section 45(2); and\n- (iii) had not been otherwise withdrawn.\n- (i) had not been decided under former section 44; and\n- (ii) was not taken to have been withdrawn under section 45(2); and\n- (iii) had not been otherwise withdrawn.","sortOrder":199},{"sectionNumber":"sec.162","sectionType":"section","heading":"Application of pt 4, div 2A","content":"### sec.162 Application of pt 4, div 2A\n\nThis section applies if—\na person’s licence expired before the commencement; and\non the commencement, the period under section 46A(2), for making an application for restoration of the licence, has not expired.\nPart 4, division 2A applies in relation to the licence.\ns 162 ins 2022 No. 1 s 112\n(sec.162-ssec.1) This section applies if— a person’s licence expired before the commencement; and on the commencement, the period under section 46A(2), for making an application for restoration of the licence, has not expired.\n(sec.162-ssec.2) Part 4, division 2A applies in relation to the licence.\n- (a) a person’s licence expired before the commencement; and\n- (b) on the commencement, the period under section 46A(2), for making an application for restoration of the licence, has not expired.","sortOrder":200}],"analysis":{"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original stated purpose of minimising infection risks from personal appearance services. Amendments over time (2011, 2013, 2019, 2020, 2022) have refined administrative processes (e.g., adding licence restoration provisions) and updated cross-references to other legislation, but have not materially expanded or contracted the fundamental scope of the regulatory scheme."},"complexity_factors":["Two-tiered regulatory system distinguishing 'higher risk' from 'non-higher risk' services, each with different obligations","Multi-layered licence management process covering applications, renewals, restorations, amendments, transfers, and suspensions/cancellations","Dual administration structure: local councils as primary enforcers with state government (chief executive) as backup — creating overlapping jurisdictional rules","Complex definitions that draw fine distinctions (e.g., tattooing includes cosmetic tattooing and semi-permanent makeup; body piercing excludes certain closed cartridge ear/nose piercings)","Interplay between this Act, infection control guidelines, and regulations — with a hierarchy of compliance obligations depending on which instruments exist","Modified criminal law defences: standard Criminal Code defences (sections 23 and 24) are explicitly excluded, replaced with specific statutory defences","Cross-references to multiple other legislative instruments including Building Act 1975, Queensland Development Code MP 5.2, Medicines and Poisons Act 2019, Hospital and Health Boards Act 2011, and Corporations Act","Executive liability provisions creating personal liability for corporate officers","Civil liability explicitly excluded despite regulatory obligations, creating potential confusion for affected parties about their legal remedies"],"plain_english_summary":"## What This Law Does\n\nThis Queensland law regulates businesses that provide **personal appearance services** — things like hairdressing, beauty therapy, tattooing, body piercing, and skin treatments — to reduce the risk of spreading infections (like hepatitis or HIV) to customers.\n\n## Who It Affects\n\n**If you run a tattoo studio, piercing shop, or similar business** that breaks the skin (called a \"higher risk\" service), you must:\n- Hold a **licence** from your local council\n- Ensure your staff hold a formal **infection control qualification**\n- Meet strict premises standards and display your licence prominently\n- Renew your licence every 3 years\n\n**If you run a hairdressing salon, beauty salon, nail bar, or waxing studio** (called \"non-higher risk\" services), you must:\n- Take all reasonable steps to prevent infection\n- Notify your local council you've started business (if your council requires it)\n\n**If you personally perform** tattooing, body piercing, scarification, or implanting materials under skin, you need an infection control qualification — even if you're not the business owner.\n\n**If you're a customer**, this law protects you by setting minimum hygiene standards. However, you **cannot sue** a business simply because they broke this law — you'd need to rely on other legal rights (like negligence) to do that.\n\n## How It Works in Practice\n\n- **Local councils** (not state government) are the main enforcers — they inspect premises, issue licences, and can suspend or cancel licences if there's a serious infection risk\n- The **State Health Minister** can publish infection control guidelines that businesses must follow\n- Businesses can have their licences suspended **immediately** if there's a serious and immediate risk to clients\n- Fines can reach **500 penalty units** (a significant amount) for serious breaches\n- The law **does not apply** to services provided in hospitals or other healthcare facilities\n\n## Why It Matters\n\nWithout proper hygiene, services like tattooing and piercing can transmit serious blood-borne diseases. This law creates a licensing system and sets hygiene standards to protect the public, while giving local councils the tools to shut down unsafe operators quickly."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.4","severity":"high","reasoning":"Section 4(2) makes the State subject to Part 2 Division 1 (the core infection minimisation obligations including s.19 with 500 penalty unit maxima). Section 4(3) then removes any prosecutorial consequence. The State is nominally bound by the most significant obligations in the Act yet faces zero legal consequence for breach, making the binding operative provision illusory.","confidence":0.9,"description":"The Act purports to bind all persons in subsection (1), then immediately carves out the State in subsection (2) except for Part 2 Division 1, then in subsection (3) declares the State cannot be prosecuted. The Act therefore binds the State for Part 2 Division 1 obligations but simultaneously immunises it from prosecution for any offence under the Act, rendering the binding of the State for Part 2 Division 1 entirely unenforceable and therefore meaningless."},{"type":"impossible_compliance","section":"sec.12","severity":"medium","reasoning":"Section 12(2)(a) requires the closed piercing instrument to not come into contact with the skin or mucous membrane, yet the entire purpose of the device is to pierce through that skin or membrane to implant jewellery. Even a gun-style piercing device that uses spring-loaded cartridges still drives the stud through the earlobe, necessarily contacting skin. The exclusion's condition is physically incoherent.","confidence":0.85,"description":"The exclusion from 'body piercing' for closed piercing instruments that 'do not come into contact with the person's skin or mucous membrane' is physically impossible. Any instrument that penetrates skin or mucous membrane to implant jewellery must, by the laws of physics, come into contact with the skin or mucous membrane it penetrates. The exclusion describes a device that cannot exist."},{"type":"impossible_compliance","section":"sec.37","severity":"high","reasoning":"The 40-day deemed refusal clock in s.39(1) runs from receipt. The s.37(3) notice must be given within 40 days. The s.37(1)(b) response period is at least 40 days from notice. If notice is given on day 1, the applicant has until day 41 to respond, but s.39(1) would have already deemed a refusal on day 40. Section 39(2)-(3) provides a saving provision that resets the clock after further information is received, but only 'if' the local government has issued the s.37(1)(b) notice — the base s.39(1) provision still creates an apparent impossibility that the saving provision must patch, and the patch only works if notice is given before day 40, creating a narrow window.","confidence":0.75,"description":"Section 37(1)(b) requires the notice to the applicant to allow 'a reasonable time of at least 40 days', but section 37(3) requires the notice to be given 'within 40 days after the local government receives the application'. If the local government sends the notice on exactly day 40, the applicant must then be given at least 40 further days to respond, meaning the total process could extend well beyond 40 days. However, section 39(1) deems a refusal if the application is not decided 'within 40 days after its receipt', creating an impossible compliance scenario where the local government is simultaneously required to give 40 days notice for further information and decide the application within 40 days of receipt."},{"type":"circular_definition","section":"sec.46A","severity":"medium","reasoning":"The restored licence term starts from the date of original expiry (not the date of restoration decision). This means the operator may receive a restored licence with a term that has already partly run. If restoration is decided on day 29 of the 30-day application window, the new 3-year term started 29 days earlier. While arguably intentional to avoid gaps, the drafting conflates the deemed-in-force fiction of s.46C with the actual commencement of the new licence term.","confidence":0.7,"description":"Section 46A(6)(b) provides that upon restoration the licence 'continues in force for the period of up to 3 years stated in the licence, or in the notice mentioned in paragraph (a), starting on the day the licence would have expired but for section 46C'. Section 46C however deems the expired licence to be in force during the restoration process. This creates a circular reference: the starting date of the restored licence depends on when the licence 'would have expired but for section 46C', but section 46C itself is what keeps the licence alive during the restoration process, meaning the starting date of the new licence term is the date the original licence expired, potentially causing the new licence term to begin retroactively before restoration is granted."},{"type":"other","section":"sec.27","severity":"medium","reasoning":"The exclusion of Criminal Code ss.23-24 while substituting only a 'no control' defence creates an asymmetry. A licensee who makes a reasonable mistake about infection control procedures has no Criminal Code s.24 defence available, yet the standard for liability under s.19 is 'all reasonable precautions and care'. The interplay between the strict obligation standard and the excluded defences creates logical inconsistency in fault attribution.","confidence":0.72,"description":"Section 27(3)(b) excludes the application of Criminal Code sections 23 and 24 in proceedings under section 19, while section 27(3)(a) simultaneously provides a defence for causes 'over which the person had no control'. Criminal Code s.23 deals with accident and s.24 with mistake of fact — standard mens rea defences. The Act excludes these general defences but substitutes a narrower defence covering only complete absence of control. This creates an absurdity where a person who acts in genuine honest and reasonable mistake of fact (ordinarily protected by s.24) has no defence, but someone whose offence was caused by completely uncontrollable factors does."},{"type":"self_contradicting","section":"sec.56","severity":"high","reasoning":"The immediate suspension is triggered by an 'immediate and serious risk of infection'. The show cause period must be at least 21 days. Allowing 21 days for representations plus processing time routinely exceeds 40 days. The automatic 40-day lapse of the immediate suspension can therefore force a dangerous operator back into business before the show cause process concludes, directly contrary to the infection-risk rationale for immediate suspension.","confidence":0.88,"description":"Section 56(2)(c)(iii) provides that an immediate suspension automatically lapses after 40 days. This means that if an 'immediate and serious risk of infection to clients' exists and the show cause process takes longer than 40 days (the show cause period alone must be at least 21 days per s.52(4), plus processing time), the licensee may resume operating while presenting a serious infection risk, defeating the entire purpose of the immediate suspension power."},{"type":"other","section":"sec.9","severity":"low","reasoning":"The dual cap in s.9(3) is potentially self-defeating. The section delegates administration to local government but then allows the State (via regulation) to cap fees below cost-recovery level. If the regulatory fee is set lower than the local government's actual cost, the local government must subsidise State-mandated regulatory functions from its general revenue.","confidence":0.65,"description":"Section 9(3) provides that a local government's resolution or local law prescribing fees must not exceed the lesser of: (a) the cost of the service, and (b) the fee prescribed under regulation. However, if no regulation prescribes a fee, condition (b) has no content. The section then appears to permit any fee up to cost. But if a regulation prescribes a fee, it caps the local government fee at that amount even if the local government's actual costs are higher. This means a poorly set regulation fee could prevent local governments from recovering their actual costs of administration, undermining the functional delegation of administration to local government."},{"type":"circular_definition","section":"sec.20","severity":"low","reasoning":"The structure of ss.19-21 creates a circularity: s.19 sets the obligation; s.20 says guidelines are the exclusive means of discharge when they exist; but s.20(2)(b) permits discharge by any other way that achieves the same outcome as s.19, meaning the guidelines add no mandatory standard beyond what s.19 already requires for persons who can demonstrate equivalent compliance.","confidence":0.6,"description":"Section 20(2)(b) allows compliance with an infection control guideline obligation by 'adopting and following another way that minimises the infection risk'. However, section 19 already requires 'all reasonable precautions and care to minimise the infection risk'. Section 20(2) purports to be the exclusive means of discharging the s.19 obligation when guidelines exist, yet s.20(2)(b)'s alternative pathway ('another way that minimises the risk') is essentially the same as the baseline s.19 obligation, making the guideline regime redundant for persons who would satisfy s.19 anyway."}],"contradictions":[{"severity":"high","section_a":"sec.4(1)","section_b":"sec.4(3)","confidence":0.88,"description":"Section 4(1) declares the Act binds all persons (which includes the State as a legal person), while section 4(3) declares that nothing in the Act makes the State liable to be prosecuted for an offence. The binding in s.4(1) and s.4(2) is rendered wholly unenforceable against the State given s.4(3) removes the only enforcement mechanism available under a criminal regulatory statute."},{"severity":"high","section_a":"sec.39(1)","section_b":"sec.37(1)(b) and sec.37(3)","confidence":0.78,"description":"Section 39(1) deems the local government to have refused a licence application if not decided within 40 days of receipt. Section 37(3) requires any further-information notice to be issued within 40 days of receipt. Section 37(1)(b) requires that notice to allow at least 40 days for response. The only saving provision in s.39(2)-(3) resets the clock, but the base 40-day deemed refusal in s.39(1) appears to operate simultaneously with the further-information process, creating a potential contradiction between the authority to seek further information (which necessarily extends the process beyond 40 days) and the deemed refusal if not decided within 40 days."},{"severity":"medium","section_a":"sec.22","section_b":"sec.3","confidence":0.82,"description":"Section 22 prohibits carrying on a business providing higher risk personal appearance services without a licence, with no exception for health-care facilities. Section 3 disapplies the entire Act to personal appearance services provided in health-care facilities. The contradiction is that the licence requirement in s.22 would not apply to higher risk services in health-care facilities by operation of s.3, meaning the same procedure (e.g., a tattoo or body piercing) requires a licence in a beauty salon but not in a health-care facility, despite arguably presenting the same or greater infection risk context."},{"severity":"low","section_a":"sec.5","section_b":"sec.6","confidence":0.65,"description":"Section 5 provides that no provision of the Act creates a civil cause of action based on contravention. Section 6(1) provides that the Act does not affect or limit civil rights or remedies existing apart from the Act. Section 6(2) then states that compliance with the Act does not necessarily show that a civil obligation has been satisfied. These provisions are logically consistent on their face but create a contradictory practical outcome: breach of the Act cannot found a civil claim (s.5), but compliance with the Act does not satisfy pre-existing civil obligations (s.6(2)), meaning the Act's standards are simultaneously not a floor and not a ceiling for civil liability, making its practical civil law relevance entirely unclear."},{"severity":"medium","section_a":"sec.24","section_b":"sec.25","confidence":0.85,"description":"Section 24 prohibits any person from personally providing a higher risk personal appearance service without an infection control qualification (maximum penalty 200 units). Section 25 requires a business proprietor to ensure operators do not provide such services without the qualification (maximum penalty 500 units). The proprietor's penalty for failing to ensure operator compliance (500 units) is significantly higher than the operator's own penalty for non-compliance (200 units), creating an inverted incentive structure where the person directly performing the risky procedure faces lower liability than the person managing them."},{"severity":"low","section_a":"sec.44(2)","section_b":"sec.46","confidence":0.6,"description":"Section 44(2) requires a renewal application to be made 'within 60 days before the licence ends', implying applications made after licence expiry are out of time. Section 46 provides that the licence continues in force during the renewal process. However, the insertion of s.46A (restoration) for expired licences implies that a licence can expire without a timely renewal application being made, contradicting the implication in s.44(2) that the renewal mechanism is the only pathway and must occur pre-expiry. The coexistence of renewal (pre-expiry) and restoration (post-expiry) processes is not internally contradictory per se, but s.44(2)'s strict timing creates ambiguity about what happens to applications made in the period between licence expiry and the 30-day restoration window in s.46A(2)."},{"severity":"high","section_a":"sec.56(2)(c)(iii)","section_b":"sec.52(4)","confidence":0.87,"description":"Section 56(2)(c)(iii) provides that an immediate suspension automatically lapses after 40 days. Section 52(4) requires the show cause period to be at least 21 days. Given that after the show cause period ends the local government must then consider representations and make a decision, the show cause process will in many cases extend beyond 40 days, causing the immediate suspension to automatically lapse under s.56(2)(c)(iii) before the show cause process is finalised, directly contradicting the purpose of immediate suspension for serious infection risks."}]},"kimi_summary":{"_metrics":{"completionTokens":602},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of infection control in personal appearance services. While amendments have added procedural refinements (licence restoration in 2022, updated references to the Hospital and Health Boards Act 2011), the core scope — licensing higher-risk services, qualifications for operators, and local government enforcement — has not expanded beyond this purpose."},"complexity_factors":["Multiple defined service categories with overlapping definitions (beauty therapy, hairdressing, skin penetration, higher risk vs non-higher risk)","Extensive cross-referencing between sections (e.g., suitability criteria in ss 35-36 referenced throughout licensing decisions)","Conditional licensing pathways with 40-day decision timelines and deemed refusal provisions","Mobile services provisions creating dual-jurisdiction complexities between 'first' and 'second' local governments","Nested exceptions and defences in Part 2 Division 4 (ss 27, 111)","Transitional provisions spanning multiple former regulatory regimes (Health Regulation 1996, Part 15 registrations)","Executive liability provisions (s 142) creating corporate officer liability alongside corporate liability","QCAT review mechanisms layered over internal review processes"],"plain_english_summary":"This Queensland law sets rules to stop infections spreading through beauty and personal services like hairdressing, tattooing, body piercing, and cosmetic procedures.\n\n**Who it covers:**\n- **Business owners** (proprietors) running personal appearance services\n- **Workers** (operators) actually doing the services\n- **Local councils** who enforce the rules\n\n**Two tiers of services:**\n- **Higher risk** — where skin is broken and blood or fluid is expected (tattooing, body piercing, scarification, cosmetic tattooing). These need a **licence** and workers need an **infection control qualification**.\n- **Non-higher risk** — hairdressing, beauty therapy, waxing, nails. These don't need a licence but must follow infection control rules.\n\n**Key requirements:**\n- Everyone must take \"reasonable precautions\" to minimise infection risk\n- Higher risk businesses must be licensed by their local council\n- Licensed premises must meet building and hygiene standards\n- Workers doing higher risk services must hold a recognised infection control qualification\n- Mobile operators must notify councils 7 days before working in their area\n\n**Enforcement:**\n- Local council inspectors can enter premises, check records, take samples, and seize equipment\n- They can issue **remedial notices** requiring fixes, or **show cause notices** leading to licence suspension or cancellation\n- Courts can ban offenders from working in the industry\n\n**Why it matters:**\nBlood-borne diseases like hepatitis and HIV can spread through unsterile equipment. This law aims to protect both clients and workers through licensing, training, and inspection — without creating new rights to sue for breaches."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/public-health-infection-control-for-personal-appearance-services-act-2003","history":"/api/acts/public-health-infection-control-for-personal-appearance-services-act-2003/history","analysis":"/api/acts/public-health-infection-control-for-personal-appearance-services-act-2003/analysis","conflicts":"/api/acts/public-health-infection-control-for-personal-appearance-services-act-2003/conflicts","importantCases":"/api/acts/public-health-infection-control-for-personal-appearance-services-act-2003/important-cases","documents":"/api/acts/public-health-infection-control-for-personal-appearance-services-act-2003/documents"}}