{"id":"qld:act-2013-046","name":"Tattoo Industry Act 2013","slug":"tattoo-industry-act-2013","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"46 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29731,"registerId":"qld-act-2013-046-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":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Tattoo Industry Act 2013 .\ns 1 amd 2016 No. 62 s 410","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act, other than part 9 , commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purpose of Act","content":"### sec.3 Main purpose of Act\n\nThe main purpose of this Act is to regulate the body art tattooing industry to minimise the risk of criminal activity in the industry.\ns 3 sub 2016 No. 62 s 411","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.\ns 4 sub 2016 No. 62 s 411","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Operation of other laws not affected","content":"### sec.5 Operation of other laws not affected\n\nNothing in this Act limits or restricts the operation of another law providing for the carrying out of tattooing procedures or the carrying on of body art tattooing businesses.","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Offences relating to unlicensed body art tattooing","content":"# Offences relating to unlicensed body art tattooing","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Body art tattooing businesses to be licensed","content":"### sec.6 Body art tattooing businesses to be licensed\n\nA person must not carry on a body art tattooing business, whether on the person’s own behalf or on behalf of another person, at premises unless the person is authorised to do so by an operator licence.\nMaximum penalty—\nfor a first offence—500 penalty units; or\nfor a second offence—700 penalty units or 6 months imprisonment; or\nfor a third or later offence—1000 penalty units or 18 months imprisonment.\nTo remove any doubt, it is declared that if a body art tattooing business is carried on, or is proposed to be carried on, at more than 1 premises, a separate operator licence is required to be held by a person for each premises.\nA person who requires or permits a body art tattooing business to be carried on at premises on the person’s behalf in contravention of subsection (1) is guilty of an offence.\nMaximum penalty—\nfor a first offence—500 penalty units; or\nfor a second offence—700 penalty units or 6 months imprisonment; or\nfor a third or later offence—1000 penalty units or 18 months imprisonment.\nSubsection (1) does not apply to a person carrying on a body art tattooing business—\nduring the period of 7 business days after the death of a licensee who holds an operator licence for the premises and, if a new application for an operator licence is made during that period, until that application is decided by the chief executive; or\nduring the period of 7 business days after a licensee who holds an operator licence for the premises becomes unable to carry on the business because the licensee is incapacitated and, if a new application is made by another person for an operator licence for the premises during that period, until that application is decided by the chief executive; or\nunder a permit; or\notherwise in circumstances prescribed by regulation.\nIt is a defence in proceedings for an offence against subsection (3) if the person satisfies the court the person did not know, and could not reasonably have been expected to know, the body art tattooing business was not being carried on under the authority of an operator licence.\ns 6 amd 2016 No. 62 s 412\n(sec.6-ssec.1) A person must not carry on a body art tattooing business, whether on the person’s own behalf or on behalf of another person, at premises unless the person is authorised to do so by an operator licence. Maximum penalty— for a first offence—500 penalty units; or for a second offence—700 penalty units or 6 months imprisonment; or for a third or later offence—1000 penalty units or 18 months imprisonment.\n(sec.6-ssec.2) To remove any doubt, it is declared that if a body art tattooing business is carried on, or is proposed to be carried on, at more than 1 premises, a separate operator licence is required to be held by a person for each premises.\n(sec.6-ssec.3) A person who requires or permits a body art tattooing business to be carried on at premises on the person’s behalf in contravention of subsection (1) is guilty of an offence. Maximum penalty— for a first offence—500 penalty units; or for a second offence—700 penalty units or 6 months imprisonment; or for a third or later offence—1000 penalty units or 18 months imprisonment.\n(sec.6-ssec.4) Subsection (1) does not apply to a person carrying on a body art tattooing business— during the period of 7 business days after the death of a licensee who holds an operator licence for the premises and, if a new application for an operator licence is made during that period, until that application is decided by the chief executive; or during the period of 7 business days after a licensee who holds an operator licence for the premises becomes unable to carry on the business because the licensee is incapacitated and, if a new application is made by another person for an operator licence for the premises during that period, until that application is decided by the chief executive; or under a permit; or otherwise in circumstances prescribed by regulation.\n(sec.6-ssec.5) It is a defence in proceedings for an offence against subsection (3) if the person satisfies the court the person did not know, and could not reasonably have been expected to know, the body art tattooing business was not being carried on under the authority of an operator licence.\n- (a) for a first offence—500 penalty units; or\n- (b) for a second offence—700 penalty units or 6 months imprisonment; or\n- (c) for a third or later offence—1000 penalty units or 18 months imprisonment.\n- (a) for a first offence—500 penalty units; or\n- (b) for a second offence—700 penalty units or 6 months imprisonment; or\n- (c) for a third or later offence—1000 penalty units or 18 months imprisonment.\n- (a) during the period of 7 business days after the death of a licensee who holds an operator licence for the premises and, if a new application for an operator licence is made during that period, until that application is decided by the chief executive; or\n- (b) during the period of 7 business days after a licensee who holds an operator licence for the premises becomes unable to carry on the business because the licensee is incapacitated and, if a new application is made by another person for an operator licence for the premises during that period, until that application is decided by the chief executive; or\n- (c) under a permit; or\n- (d) otherwise in circumstances prescribed by regulation.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Body art tattooists to be licensed","content":"### sec.7 Body art tattooists to be licensed\n\nAn individual must not perform a body art tattooing procedure for fee or reward unless authorised to do so by a tattooist licence.\nMaximum penalty—\nfor a first offence—500 penalty units; or\nfor a second offence—700 penalty units or 6 months imprisonment; or\nfor a third or later offence—1000 penalty units or 18 months imprisonment.\nAn individual must not perform a body art tattooing procedure, whether or not for fee or reward, at licensed premises unless authorised to do so by a tattooist licence.\nMaximum penalty—\nfor a first offence—500 penalty units; or\nfor a second offence—700 penalty units or 6 months imprisonment; or\nfor a third or later offence—1000 penalty units or 18 months imprisonment.\nSubsections (1) and (2) do not apply to an individual who performs a body art tattooing procedure—\nif the individual carries out the procedure as a self-employed individual at premises for which the individual holds an operator licence; or\nunder a permit; or\notherwise in circumstances prescribed by regulation.\ns 7 amd 2016 No. 62 s 413\n(sec.7-ssec.1) An individual must not perform a body art tattooing procedure for fee or reward unless authorised to do so by a tattooist licence. Maximum penalty— for a first offence—500 penalty units; or for a second offence—700 penalty units or 6 months imprisonment; or for a third or later offence—1000 penalty units or 18 months imprisonment.\n(sec.7-ssec.2) An individual must not perform a body art tattooing procedure, whether or not for fee or reward, at licensed premises unless authorised to do so by a tattooist licence. Maximum penalty— for a first offence—500 penalty units; or for a second offence—700 penalty units or 6 months imprisonment; or for a third or later offence—1000 penalty units or 18 months imprisonment.\n(sec.7-ssec.3) Subsections (1) and (2) do not apply to an individual who performs a body art tattooing procedure— if the individual carries out the procedure as a self-employed individual at premises for which the individual holds an operator licence; or under a permit; or otherwise in circumstances prescribed by regulation.\n- (a) for a first offence—500 penalty units; or\n- (b) for a second offence—700 penalty units or 6 months imprisonment; or\n- (c) for a third or later offence—1000 penalty units or 18 months imprisonment.\n- (a) for a first offence—500 penalty units; or\n- (b) for a second offence—700 penalty units or 6 months imprisonment; or\n- (c) for a third or later offence—1000 penalty units or 18 months imprisonment.\n- (a) if the individual carries out the procedure as a self-employed individual at premises for which the individual holds an operator licence; or\n- (b) under a permit; or\n- (c) otherwise in circumstances prescribed by regulation.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Employed body art tattooists to be licensed","content":"### sec.8 Employed body art tattooists to be licensed\n\nA person must not employ an individual to work as a body art tattooist unless the individual is the holder of a tattooist licence.\nMaximum penalty—\nfor a first offence—500 penalty units; or\nfor a second offence—700 penalty units or 6 months imprisonment; or\nfor a third or later offence—1000 penalty units or 18 months imprisonment.\nSubsection (1) does not apply to the employment of an individual to work as a body art tattooist in circumstances prescribed under a regulation.\nIt is a defence in proceedings for an offence against subsection (1) if the person satisfies the court the person did not know, and could not reasonably have been expected to know, the individual employed to work as a body art tattooist was unlicensed.\n(sec.8-ssec.1) A person must not employ an individual to work as a body art tattooist unless the individual is the holder of a tattooist licence. Maximum penalty— for a first offence—500 penalty units; or for a second offence—700 penalty units or 6 months imprisonment; or for a third or later offence—1000 penalty units or 18 months imprisonment.\n(sec.8-ssec.2) Subsection (1) does not apply to the employment of an individual to work as a body art tattooist in circumstances prescribed under a regulation.\n(sec.8-ssec.3) It is a defence in proceedings for an offence against subsection (1) if the person satisfies the court the person did not know, and could not reasonably have been expected to know, the individual employed to work as a body art tattooist was unlicensed.\n- (a) for a first offence—500 penalty units; or\n- (b) for a second offence—700 penalty units or 6 months imprisonment; or\n- (c) for a third or later offence—1000 penalty units or 18 months imprisonment.","sortOrder":9},{"sectionNumber":"pt.3","sectionType":"part","heading":"Licensing scheme","content":"# Licensing scheme","sortOrder":10},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Types of licences and authorisation conferred by licence","content":"### sec.9 Types of licences and authorisation conferred by licence\n\nThe following types of licence may be granted and held under this Act—\nan operator licence;\na tattooist licence.\nAn operator licence authorises the licensee to carry on a body art tattooing business, whether on the licensee’s own behalf or on behalf of another person, at the premises stated in the licence.\nA tattooist licence authorises the licensee to perform body art tattooing procedures.\n(sec.9-ssec.1) The following types of licence may be granted and held under this Act— an operator licence; a tattooist licence.\n(sec.9-ssec.2) An operator licence authorises the licensee to carry on a body art tattooing business, whether on the licensee’s own behalf or on behalf of another person, at the premises stated in the licence.\n(sec.9-ssec.3) A tattooist licence authorises the licensee to perform body art tattooing procedures.\n- (a) an operator licence;\n- (b) a tattooist licence.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Licence conditions—general provisions","content":"### sec.10 Licence conditions—general provisions\n\nA licence is subject to the conditions—\nthe chief executive may impose for a particular licence; and\nimposed under this Act.\nSubject to subsection (4) , the chief executive may impose, vary or revoke conditions on a licence for the reasons, and in the circumstances, the chief executive considers appropriate.\nThe chief executive may—\nimpose a condition at the time the licence is granted by stating it on the licence that is granted; and\nimpose, vary or revoke conditions on a licence after it is granted by notice given to the licensee.\nNothing in this section authorises the chief executive—\nto impose a condition that is inconsistent with a condition imposed under this Act; or\nto vary or revoke a condition imposed under this Act.\nA licensee must comply with any conditions to which the licence is subject.\nMaximum penalty for subsection (5) —40 penalty units.\n(sec.10-ssec.1) A licence is subject to the conditions— the chief executive may impose for a particular licence; and imposed under this Act.\n(sec.10-ssec.2) Subject to subsection (4) , the chief executive may impose, vary or revoke conditions on a licence for the reasons, and in the circumstances, the chief executive considers appropriate.\n(sec.10-ssec.3) The chief executive may— impose a condition at the time the licence is granted by stating it on the licence that is granted; and impose, vary or revoke conditions on a licence after it is granted by notice given to the licensee.\n(sec.10-ssec.4) Nothing in this section authorises the chief executive— to impose a condition that is inconsistent with a condition imposed under this Act; or to vary or revoke a condition imposed under this Act.\n(sec.10-ssec.5) A licensee must comply with any conditions to which the licence is subject. Maximum penalty for subsection (5) —40 penalty units.\n- (a) the chief executive may impose for a particular licence; and\n- (b) imposed under this Act.\n- (a) impose a condition at the time the licence is granted by stating it on the licence that is granted; and\n- (b) impose, vary or revoke conditions on a licence after it is granted by notice given to the licensee.\n- (a) to impose a condition that is inconsistent with a condition imposed under this Act; or\n- (b) to vary or revoke a condition imposed under this Act.","sortOrder":13},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Licence applications and granting of licences","content":"## Licence applications and granting of licences","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Licence applications","content":"### sec.11 Licence applications\n\nAn application for a licence must be made to the chief executive.\nAn application for a licence may only be made by an individual.\nAn application for an operator licence for a body art tattooing business that is owned or operated by or on behalf of a corporation, partnership or trust must be made by an individual nominated by the corporation, partners or trustees to be the premises manager for the purposes of carrying on that business at the premises for which the licence is sought.\nAn application for a licence may not be made by—\nan individual who is under 18 years; or\nan individual who is not an Australian citizen or Australian resident.\nAn application for a licence must—\nbe in the approved form; and\nstate whether the licence is sought for a term of 1 or 3 years; and\nstate the following for the applicant—\nfull name;\ndate and place of birth;\nresidential address;\nany other names by which the applicant has previously been known;\nif the applicant has a driver licence—the licence number; and\nbe accompanied by evidence of the applicant’s identity that is satisfactory to the chief executive; and\nThe chief executive may adopt a system under which—\npoints are assigned to the applicant for producing particular evidence of identity; and\nthe applicant is required to achieve a total number of points stated by the chief executive.\nbe accompanied by—\nthe fee prescribed under a regulation; and\nthe other information and particulars, if any, prescribed under a regulation; and\ncomply with any other requirement prescribed under a regulation.\nIf, before or when the application is made, the chief executive requires the payment of costs under section 15A (1) , the application must also be accompanied by the amount of the costs required to be paid.\nAn application for a licence may be considered by the chief executive only if—\nthe commissioner holds the applicant’s fingerprints and palm prints taken under section 35E ; or\nthe applicant consents to having the applicant’s fingerprints and palm prints taken by the commissioner under section 35E .\nIf a regulation prescribes a fee for taking an applicant’s fingerprints under section 35E , the application must be accompanied by the fee.\nHowever, subsection (8) does not apply if the commissioner already holds the relevant person’s fingerprints taken under section 35E .\nIf an applicant’s fingerprints are not taken under section 35E for the application, the chief executive must refund to the applicant any fee paid under subsection (8) .\nIf, before an application for a licence is decided by the chief executive, a change occurs in the information provided in, or in connection with, the application (including any information provided under this subsection), the applicant must within 7 business days after the change give notice to the chief executive of the particulars of the change.\nMaximum penalty for subsection (6) —20 penalty units.\nThe Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 does not apply in relation to an application for a licence.\nIn this section—\ndriver licence see the Transport Operations (Road Use Management) Act 1995 , schedule 4 .\ns 11 amd 2016 No. 62 ss 400 , 414\n(sec.11-ssec.1) An application for a licence must be made to the chief executive.\n(sec.11-ssec.2) An application for a licence may only be made by an individual.\n(sec.11-ssec.3) An application for an operator licence for a body art tattooing business that is owned or operated by or on behalf of a corporation, partnership or trust must be made by an individual nominated by the corporation, partners or trustees to be the premises manager for the purposes of carrying on that business at the premises for which the licence is sought.\n(sec.11-ssec.4) An application for a licence may not be made by— an individual who is under 18 years; or an individual who is not an Australian citizen or Australian resident.\n(sec.11-ssec.5) An application for a licence must— be in the approved form; and state whether the licence is sought for a term of 1 or 3 years; and state the following for the applicant— full name; date and place of birth; residential address; any other names by which the applicant has previously been known; if the applicant has a driver licence—the licence number; and be accompanied by evidence of the applicant’s identity that is satisfactory to the chief executive; and The chief executive may adopt a system under which— points are assigned to the applicant for producing particular evidence of identity; and the applicant is required to achieve a total number of points stated by the chief executive. be accompanied by— the fee prescribed under a regulation; and the other information and particulars, if any, prescribed under a regulation; and comply with any other requirement prescribed under a regulation.\n(sec.11-ssec.6) If, before or when the application is made, the chief executive requires the payment of costs under section 15A (1) , the application must also be accompanied by the amount of the costs required to be paid.\n(sec.11-ssec.7) An application for a licence may be considered by the chief executive only if— the commissioner holds the applicant’s fingerprints and palm prints taken under section 35E ; or the applicant consents to having the applicant’s fingerprints and palm prints taken by the commissioner under section 35E .\n(sec.11-ssec.8) If a regulation prescribes a fee for taking an applicant’s fingerprints under section 35E , the application must be accompanied by the fee.\n(sec.11-ssec.9) However, subsection (8) does not apply if the commissioner already holds the relevant person’s fingerprints taken under section 35E .\n(sec.11-ssec.10) If an applicant’s fingerprints are not taken under section 35E for the application, the chief executive must refund to the applicant any fee paid under subsection (8) .\n(sec.11-ssec.11) If, before an application for a licence is decided by the chief executive, a change occurs in the information provided in, or in connection with, the application (including any information provided under this subsection), the applicant must within 7 business days after the change give notice to the chief executive of the particulars of the change. Maximum penalty for subsection (6) —20 penalty units.\n(sec.11-ssec.12) The Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 does not apply in relation to an application for a licence.\n(sec.11-ssec.13) In this section— driver licence see the Transport Operations (Road Use Management) Act 1995 , schedule 4 .\n- (a) an individual who is under 18 years; or\n- (b) an individual who is not an Australian citizen or Australian resident.\n- (a) be in the approved form; and\n- (b) state whether the licence is sought for a term of 1 or 3 years; and\n- (c) state the following for the applicant— (i) full name; (ii) date and place of birth; (iii) residential address; (iv) any other names by which the applicant has previously been known; (v) if the applicant has a driver licence—the licence number; and\n- (i) full name;\n- (ii) date and place of birth;\n- (iii) residential address;\n- (iv) any other names by which the applicant has previously been known;\n- (v) if the applicant has a driver licence—the licence number; and\n- (d) be accompanied by evidence of the applicant’s identity that is satisfactory to the chief executive; and Example for paragraph (d) — The chief executive may adopt a system under which— (a) points are assigned to the applicant for producing particular evidence of identity; and (b) the applicant is required to achieve a total number of points stated by the chief executive.\n- (a) points are assigned to the applicant for producing particular evidence of identity; and\n- (b) the applicant is required to achieve a total number of points stated by the chief executive.\n- (e) be accompanied by— (i) the fee prescribed under a regulation; and (ii) the other information and particulars, if any, prescribed under a regulation; and\n- (i) the fee prescribed under a regulation; and\n- (ii) the other information and particulars, if any, prescribed under a regulation; and\n- (f) comply with any other requirement prescribed under a regulation.\n- (i) full name;\n- (ii) date and place of birth;\n- (iii) residential address;\n- (iv) any other names by which the applicant has previously been known;\n- (v) if the applicant has a driver licence—the licence number; and\n- (a) points are assigned to the applicant for producing particular evidence of identity; and\n- (b) the applicant is required to achieve a total number of points stated by the chief executive.\n- (i) the fee prescribed under a regulation; and\n- (ii) the other information and particulars, if any, prescribed under a regulation; and\n- (a) the commissioner holds the applicant’s fingerprints and palm prints taken under section 35E ; or\n- (b) the applicant consents to having the applicant’s fingerprints and palm prints taken by the commissioner under section 35E .","sortOrder":15},{"sectionNumber":"sec.11A","sectionType":"section","heading":"Additional information required for applications for operator licences","content":"### sec.11A Additional information required for applications for operator licences\n\nIn addition to the matters mentioned in section 11 (5) , an application for an operator licence must—\nfor fixed premises—state the address of the fixed premises proposed to be licensed; and\nfor mobile premises—\nstate a description of the mobile premises proposed to be licensed that includes the registration number if the premises are a vehicle that is required to be registered; and\nstate the address of a fixed premises at which records relating to the body art tattooing business proposed to be carried on at the mobile premises may be inspected; and\nstate the business name of the body art tattooing business carried on or proposed to be carried on at the proposed licensed premises; and\nstate the name and residential address of each staff member employed, or proposed to be employed, to work at the proposed licensed premises; and\nif the business to which the application relates is owned or operated by or on behalf of a corporation—\nstate the name and ACN or ARBN, if any, of the corporation and the names of the directors or members of its governing body; and\nbe accompanied by evidence in the approved form that the applicant has been nominated by the corporation to be the premises manager; and\nif the business to which the application relates is owned or operated by or on behalf of a partnership—\nstate the trading name of the partnership and the names of the partners, including any silent partners; and\nbe accompanied by evidence in the approved form that the applicant has been nominated by the partnership to be the premises manager; and\nif the business to which the application relates is owned or operated by or on behalf of a trust—\nstate the name of each trustee; and\nif a trustee is a corporation—state the information mentioned in paragraph (e) (i) ; and\nbe accompanied by evidence in the approved form that the applicant has been nominated by the trustees to be the premises manager.\ns 11A ins 2016 No. 62 s 415\n- (a) for fixed premises—state the address of the fixed premises proposed to be licensed; and\n- (b) for mobile premises— (i) state a description of the mobile premises proposed to be licensed that includes the registration number if the premises are a vehicle that is required to be registered; and (ii) state the address of a fixed premises at which records relating to the body art tattooing business proposed to be carried on at the mobile premises may be inspected; and\n- (i) state a description of the mobile premises proposed to be licensed that includes the registration number if the premises are a vehicle that is required to be registered; and\n- (ii) state the address of a fixed premises at which records relating to the body art tattooing business proposed to be carried on at the mobile premises may be inspected; and\n- (c) state the business name of the body art tattooing business carried on or proposed to be carried on at the proposed licensed premises; and\n- (d) state the name and residential address of each staff member employed, or proposed to be employed, to work at the proposed licensed premises; and\n- (e) if the business to which the application relates is owned or operated by or on behalf of a corporation— (i) state the name and ACN or ARBN, if any, of the corporation and the names of the directors or members of its governing body; and (ii) be accompanied by evidence in the approved form that the applicant has been nominated by the corporation to be the premises manager; and\n- (i) state the name and ACN or ARBN, if any, of the corporation and the names of the directors or members of its governing body; and\n- (ii) be accompanied by evidence in the approved form that the applicant has been nominated by the corporation to be the premises manager; and\n- (f) if the business to which the application relates is owned or operated by or on behalf of a partnership— (i) state the trading name of the partnership and the names of the partners, including any silent partners; and (ii) be accompanied by evidence in the approved form that the applicant has been nominated by the partnership to be the premises manager; and\n- (i) state the trading name of the partnership and the names of the partners, including any silent partners; and\n- (ii) be accompanied by evidence in the approved form that the applicant has been nominated by the partnership to be the premises manager; and\n- (g) if the business to which the application relates is owned or operated by or on behalf of a trust— (i) state the name of each trustee; and (ii) if a trustee is a corporation—state the information mentioned in paragraph (e) (i) ; and (iii) be accompanied by evidence in the approved form that the applicant has been nominated by the trustees to be the premises manager.\n- (i) state the name of each trustee; and\n- (ii) if a trustee is a corporation—state the information mentioned in paragraph (e) (i) ; and\n- (iii) be accompanied by evidence in the approved form that the applicant has been nominated by the trustees to be the premises manager.\n- (i) state a description of the mobile premises proposed to be licensed that includes the registration number if the premises are a vehicle that is required to be registered; and\n- (ii) state the address of a fixed premises at which records relating to the body art tattooing business proposed to be carried on at the mobile premises may be inspected; and\n- (i) state the name and ACN or ARBN, if any, of the corporation and the names of the directors or members of its governing body; and\n- (ii) be accompanied by evidence in the approved form that the applicant has been nominated by the corporation to be the premises manager; and\n- (i) state the trading name of the partnership and the names of the partners, including any silent partners; and\n- (ii) be accompanied by evidence in the approved form that the applicant has been nominated by the partnership to be the premises manager; and\n- (i) state the name of each trustee; and\n- (ii) if a trustee is a corporation—state the information mentioned in paragraph (e) (i) ; and\n- (iii) be accompanied by evidence in the approved form that the applicant has been nominated by the trustees to be the premises manager.","sortOrder":16},{"sectionNumber":"sec.11B","sectionType":"section","heading":"Additional information required for applications for tattooist licences","content":"### sec.11B Additional information required for applications for tattooist licences\n\nIn addition to the matters mentioned in section 11 (5) , an application for a tattooist licence must be accompanied by evidence in the approved form of previous, existing or impending employment as a body art tattooist.\ns 11B ins 2016 No. 62 s 415","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"Criteria for granting application","content":"### sec.12 Criteria for granting application\n\nThe chief executive may grant an application for a licence only if the chief executive is satisfied—\nthe application is properly made; and\nthe applicant is a fit and proper person to hold the licence; and\nit would not be contrary to the public interest for the licence to be granted.\nIn deciding whether the applicant is a fit and proper person to hold the licence, the chief executive must have regard to the following—\nthe criminal history of the applicant;\nin dealings in which the person has been involved, whether the person has—\nshown dishonesty or lack of integrity; or\nused harassing tactics;\ninformation about the person that indicates—\nthe person is a risk to public safety; or\nthe holding of a licence by the person would be contrary to the public interest;\nwhether the applicant is subject to an order under the Public Health (Infection Control for Personal Appearance Services) Act 2003 made in connection with the carrying out of skin penetration procedures;\nwhether the applicant holds, or has held, a licence, permit or other authority under an Act administered by a relevant Minister that has been suspended, cancelled or revoked;\nwhether the applicant is disqualified from holding a licence, permit or other authority under an Act administered by a relevant Minister;\nwhether the person has taken advantage, as a debtor, of the laws of bankruptcy;\nanything else relevant to the person’s suitability to hold the licence.\nA person is not a fit and proper person to hold a licence if the person—\nwithin 10 years before applying for the licence, has been convicted of a prescribed offence for which a conviction was recorded; or\nis subject to a relevant control order.\nThe chief executive may not have regard to criminal intelligence in deciding whether—\na person is a fit and proper person to hold a licence; or\nit would be contrary to the public interest for the licence to be granted.\ns 12 sub 2016 No. 62 s 416\n(sec.12-ssec.1) The chief executive may grant an application for a licence only if the chief executive is satisfied— the application is properly made; and the applicant is a fit and proper person to hold the licence; and it would not be contrary to the public interest for the licence to be granted.\n(sec.12-ssec.2) In deciding whether the applicant is a fit and proper person to hold the licence, the chief executive must have regard to the following— the criminal history of the applicant; in dealings in which the person has been involved, whether the person has— shown dishonesty or lack of integrity; or used harassing tactics; information about the person that indicates— the person is a risk to public safety; or the holding of a licence by the person would be contrary to the public interest; whether the applicant is subject to an order under the Public Health (Infection Control for Personal Appearance Services) Act 2003 made in connection with the carrying out of skin penetration procedures; whether the applicant holds, or has held, a licence, permit or other authority under an Act administered by a relevant Minister that has been suspended, cancelled or revoked; whether the applicant is disqualified from holding a licence, permit or other authority under an Act administered by a relevant Minister; whether the person has taken advantage, as a debtor, of the laws of bankruptcy; anything else relevant to the person’s suitability to hold the licence.\n(sec.12-ssec.3) A person is not a fit and proper person to hold a licence if the person— within 10 years before applying for the licence, has been convicted of a prescribed offence for which a conviction was recorded; or is subject to a relevant control order.\n(sec.12-ssec.4) The chief executive may not have regard to criminal intelligence in deciding whether— a person is a fit and proper person to hold a licence; or it would be contrary to the public interest for the licence to be granted.\n- (a) the application is properly made; and\n- (b) the applicant is a fit and proper person to hold the licence; and\n- (c) it would not be contrary to the public interest for the licence to be granted.\n- (a) the criminal history of the applicant;\n- (b) in dealings in which the person has been involved, whether the person has— (i) shown dishonesty or lack of integrity; or (ii) used harassing tactics;\n- (i) shown dishonesty or lack of integrity; or\n- (ii) used harassing tactics;\n- (c) information about the person that indicates— (i) the person is a risk to public safety; or (ii) the holding of a licence by the person would be contrary to the public interest;\n- (i) the person is a risk to public safety; or\n- (ii) the holding of a licence by the person would be contrary to the public interest;\n- (d) whether the applicant is subject to an order under the Public Health (Infection Control for Personal Appearance Services) Act 2003 made in connection with the carrying out of skin penetration procedures;\n- (e) whether the applicant holds, or has held, a licence, permit or other authority under an Act administered by a relevant Minister that has been suspended, cancelled or revoked;\n- (f) whether the applicant is disqualified from holding a licence, permit or other authority under an Act administered by a relevant Minister;\n- (g) whether the person has taken advantage, as a debtor, of the laws of bankruptcy;\n- (h) anything else relevant to the person’s suitability to hold the licence.\n- (i) shown dishonesty or lack of integrity; or\n- (ii) used harassing tactics;\n- (i) the person is a risk to public safety; or\n- (ii) the holding of a licence by the person would be contrary to the public interest;\n- (a) within 10 years before applying for the licence, has been convicted of a prescribed offence for which a conviction was recorded; or\n- (b) is subject to a relevant control order.\n- (a) a person is a fit and proper person to hold a licence; or\n- (b) it would be contrary to the public interest for the licence to be granted.","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Additional criteria for operator licences","content":"### sec.13 Additional criteria for operator licences\n\nWithout limiting section 12 (2) , in deciding whether a person is a fit and proper person to hold an operator licence, the chief executive must also have regard to the following—\nwhether the applicant has been convicted of an offence against section 6 (1) or (3) or 8 (1) ;\nfor an application for a body art tattooing business owned or operated by or on behalf of a corporation—whether the corporation is the subject of a winding-up order or a corporation for which a controller or administrator has been appointed;\nwhether the applicant is, or was at any time in the last 3 years, a director of or concerned in the management of an externally-administered body corporate under the Corporations Act other than the voluntary winding-up of the body corporate;\nwhether a closure order under section 47 is, or has been, in force in relation to the proposed licensed premises.\ns 13 (prev s 12A) ins 2016 No. 62 s 416\nrenum 2016 No. 62 s 447\n- (a) whether the applicant has been convicted of an offence against section 6 (1) or (3) or 8 (1) ;\n- (b) for an application for a body art tattooing business owned or operated by or on behalf of a corporation—whether the corporation is the subject of a winding-up order or a corporation for which a controller or administrator has been appointed;\n- (c) whether the applicant is, or was at any time in the last 3 years, a director of or concerned in the management of an externally-administered body corporate under the Corporations Act other than the voluntary winding-up of the body corporate;\n- (d) whether a closure order under section 47 is, or has been, in force in relation to the proposed licensed premises.","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"Additional criteria for tattooist licences","content":"### sec.14 Additional criteria for tattooist licences\n\nWithout limiting section 12 (2) , in deciding whether a person is a fit and proper person to hold a tattooist licence, the chief executive must also have regard to whether the applicant has been convicted of an offence against section 7 (1) or (2) .\ns 14 (prev s 12B) ins 2016 No. 62 s 416\nrenum 2016 No. 62 s 447","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Inquiries about applicants, licensees and relevant persons","content":"### sec.15 Inquiries about applicants, licensees and relevant persons\n\nThe chief executive may make inquiries about an applicant for a licence, a licensee or a relevant person for the applicant or licensee to assist in deciding—\nwhether the applicant or licensee is, or continues to be, a fit and proper person to hold the licence; and\nwhether it is contrary to the public interest for the licence to be granted to the applicant or held by the licensee.\nWithout limiting subsection (1) , the chief executive may ask the commissioner to give the chief executive the following written information about the applicant, licensee or relevant person—\na report about the applicant’s, licensee’s or relevant person’s criminal history;\na brief description of the nature of the offence giving rise to a conviction or charge mentioned in the applicant’s, licensee’s or relevant person’s criminal history.\nThe commissioner must comply with the request.\nIf the applicant, licensee or relevant person is, or has been, subject to a control order or a registered corresponding control order, the commissioner’s report must—\nstate the details of the order; or\nbe accompanied by a copy of the order.\nThe duty imposed on the commissioner to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access.\nIn this section—\napplicant for a licence includes an applicant for the renewal of a licence.\noffence includes alleged offence.\ns 15 sub 2016 No. 62 s 419\n(sec.15-ssec.1) The chief executive may make inquiries about an applicant for a licence, a licensee or a relevant person for the applicant or licensee to assist in deciding— whether the applicant or licensee is, or continues to be, a fit and proper person to hold the licence; and whether it is contrary to the public interest for the licence to be granted to the applicant or held by the licensee.\n(sec.15-ssec.2) Without limiting subsection (1) , the chief executive may ask the commissioner to give the chief executive the following written information about the applicant, licensee or relevant person— a report about the applicant’s, licensee’s or relevant person’s criminal history; a brief description of the nature of the offence giving rise to a conviction or charge mentioned in the applicant’s, licensee’s or relevant person’s criminal history.\n(sec.15-ssec.3) The commissioner must comply with the request.\n(sec.15-ssec.4) If the applicant, licensee or relevant person is, or has been, subject to a control order or a registered corresponding control order, the commissioner’s report must— state the details of the order; or be accompanied by a copy of the order.\n(sec.15-ssec.5) The duty imposed on the commissioner to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access.\n(sec.15-ssec.6) In this section— applicant for a licence includes an applicant for the renewal of a licence. offence includes alleged offence.\n- (a) whether the applicant or licensee is, or continues to be, a fit and proper person to hold the licence; and\n- (b) whether it is contrary to the public interest for the licence to be granted to the applicant or held by the licensee.\n- (a) a report about the applicant’s, licensee’s or relevant person’s criminal history;\n- (b) a brief description of the nature of the offence giving rise to a conviction or charge mentioned in the applicant’s, licensee’s or relevant person’s criminal history.\n- (a) state the details of the order; or\n- (b) be accompanied by a copy of the order.","sortOrder":21},{"sectionNumber":"sec.15A","sectionType":"section","heading":"Costs of criminal history report","content":"### sec.15A Costs of criminal history report\n\nThe chief executive may require an applicant for a licence or a licensee to pay the reasonable, but no more than actual, costs of obtaining a report under section 15 (2) about—\nthe applicant or licensee; or\na relevant person for the applicant or licensee.\nThe chief executive must refund to an applicant an amount paid under subsection (1) if—\nthe chief executive refuses the application without asking for the report; or\nthe applicant withdraws the application before the chief executive asks for the report.\nIn this section—\napplicant for a licence includes an applicant for the renewal of a licence.\ns 15A ins 2016 No. 62 s 419\n(sec.15A-ssec.1) The chief executive may require an applicant for a licence or a licensee to pay the reasonable, but no more than actual, costs of obtaining a report under section 15 (2) about— the applicant or licensee; or a relevant person for the applicant or licensee.\n(sec.15A-ssec.2) The chief executive must refund to an applicant an amount paid under subsection (1) if— the chief executive refuses the application without asking for the report; or the applicant withdraws the application before the chief executive asks for the report.\n(sec.15A-ssec.3) In this section— applicant for a licence includes an applicant for the renewal of a licence.\n- (a) the applicant or licensee; or\n- (b) a relevant person for the applicant or licensee.\n- (a) the chief executive refuses the application without asking for the report; or\n- (b) the applicant withdraws the application before the chief executive asks for the report.","sortOrder":22},{"sectionNumber":"sec.15B","sectionType":"section","heading":"Notice of change in criminal history","content":"### sec.15B Notice of change in criminal history\n\nThis section applies if—\nthe commissioner reasonably suspects a person is the holder of, or an applicant for, a licence; and\nthe person’s criminal history changes.\nThe commissioner may give the chief executive a written notice about the change in the person’s criminal history.\nThe notice must—\nstate the following details—\nthe person’s name and any other name the commissioner believes the person may use or may have used;\nthe person’s address;\nthe person’s date and place of birth;\na brief description of the nature of the offence giving rise to the conviction or charge to which the change relates; and\nif the change includes the person becoming subject to a control order or a registered corresponding control order—\nstate the details of the order; or\nbe accompanied by a copy of the order.\nThe chief executive may confirm the suspicion of the commissioner mentioned in subsection (1) (a) .\nFor a person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history.\nIn this section—\noffence includes alleged offence.\ns 15B ins 2016 No. 62 s 419\n(sec.15B-ssec.1) This section applies if— the commissioner reasonably suspects a person is the holder of, or an applicant for, a licence; and the person’s criminal history changes.\n(sec.15B-ssec.2) The commissioner may give the chief executive a written notice about the change in the person’s criminal history.\n(sec.15B-ssec.3) The notice must— state the following details— the person’s name and any other name the commissioner believes the person may use or may have used; the person’s address; the person’s date and place of birth; a brief description of the nature of the offence giving rise to the conviction or charge to which the change relates; and if the change includes the person becoming subject to a control order or a registered corresponding control order— state the details of the order; or be accompanied by a copy of the order.\n(sec.15B-ssec.4) The chief executive may confirm the suspicion of the commissioner mentioned in subsection (1) (a) .\n(sec.15B-ssec.5) For a person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history.\n(sec.15B-ssec.6) In this section— offence includes alleged offence.\n- (a) the commissioner reasonably suspects a person is the holder of, or an applicant for, a licence; and\n- (b) the person’s criminal history changes.\n- (a) state the following details— (i) the person’s name and any other name the commissioner believes the person may use or may have used; (ii) the person’s address; (iii) the person’s date and place of birth; (iv) a brief description of the nature of the offence giving rise to the conviction or charge to which the change relates; and\n- (i) the person’s name and any other name the commissioner believes the person may use or may have used;\n- (ii) the person’s address;\n- (iii) the person’s date and place of birth;\n- (iv) a brief description of the nature of the offence giving rise to the conviction or charge to which the change relates; and\n- (b) if the change includes the person becoming subject to a control order or a registered corresponding control order— (i) state the details of the order; or (ii) be accompanied by a copy of the order.\n- (i) state the details of the order; or\n- (ii) be accompanied by a copy of the order.\n- (i) the person’s name and any other name the commissioner believes the person may use or may have used;\n- (ii) the person’s address;\n- (iii) the person’s date and place of birth;\n- (iv) a brief description of the nature of the offence giving rise to the conviction or charge to which the change relates; and\n- (i) state the details of the order; or\n- (ii) be accompanied by a copy of the order.","sortOrder":23},{"sectionNumber":"sec.16","sectionType":"section","heading":"Chief executive may require further information","content":"### sec.16 Chief executive may require further information\n\nThe chief executive may, by written notice given to an applicant for a licence, or the renewal of a licence, require the applicant to do 1 or more of the following things—\ngive, in a stated way, stated information the chief executive considers relevant to the investigation of the application;\nproduce, in a stated way, stated records the chief executive considers relevant to the investigation of the application and permit the chief executive to examine, take extracts from and make copies of the records;\nauthorise a person described in the notice to comply with a requirement mentioned in paragraph (a) or (b) ;\ngive the chief executive the authorisation or consent the chief executive requires to enable the chief executive to obtain, from another person, information relevant to the investigation of the application.\nA person who complies with a requirement of a notice under this section does not incur a liability to another person merely because of the compliance.\nThe applicant is taken to have withdrawn the applicant’s application if, within a reasonable time stated in the notice, the applicant fails to comply with a requirement under this section in relation to the application.\nIn this section—\ninformation includes financial and other confidential information.\ns 16 sub 2016 No. 62 s 419\n(sec.16-ssec.1) The chief executive may, by written notice given to an applicant for a licence, or the renewal of a licence, require the applicant to do 1 or more of the following things— give, in a stated way, stated information the chief executive considers relevant to the investigation of the application; produce, in a stated way, stated records the chief executive considers relevant to the investigation of the application and permit the chief executive to examine, take extracts from and make copies of the records; authorise a person described in the notice to comply with a requirement mentioned in paragraph (a) or (b) ; give the chief executive the authorisation or consent the chief executive requires to enable the chief executive to obtain, from another person, information relevant to the investigation of the application.\n(sec.16-ssec.2) A person who complies with a requirement of a notice under this section does not incur a liability to another person merely because of the compliance.\n(sec.16-ssec.3) The applicant is taken to have withdrawn the applicant’s application if, within a reasonable time stated in the notice, the applicant fails to comply with a requirement under this section in relation to the application.\n(sec.16-ssec.4) In this section— information includes financial and other confidential information.\n- (a) give, in a stated way, stated information the chief executive considers relevant to the investigation of the application;\n- (b) produce, in a stated way, stated records the chief executive considers relevant to the investigation of the application and permit the chief executive to examine, take extracts from and make copies of the records;\n- (c) authorise a person described in the notice to comply with a requirement mentioned in paragraph (a) or (b) ;\n- (d) give the chief executive the authorisation or consent the chief executive requires to enable the chief executive to obtain, from another person, information relevant to the investigation of the application.","sortOrder":24},{"sectionNumber":"sec.16A","sectionType":"section","heading":"Use of information obtained under s 15 , 15B , 16 or 61","content":"### sec.16A Use of information obtained under s 15 , 15B , 16 or 61\n\nThis section applies to the chief executive in considering information about a person obtained under section 15 , 15B , 16 or 61 .\nInformation about a conviction of the person may be used only for making a decision about whether the person is, or continues to be, a fit and proper person to hold a licence.\nInformation about a charge made against the person for a prescribed offence may be used only for deciding whether to grant a licence to the person, or to suspend, or to refuse to renew, the person’s licence.\nWhen making a decision mentioned in subsection (2) , the chief executive must have regard to the following matters relating to information about the commission of the offence by the person—\nwhen the offence was committed;\nthe nature of the offence and its relevance to the person carrying out a body art tattoo business, or body art tattoo procedures, under the licence;\nanything else the chief executive considers relevant to the decision.\nWhen making a decision mentioned in subsection (3) , the chief executive must have regard to the following matters relating to information about the alleged or possible commission of the offence by the person—\nwhen the offence is alleged to have been committed or may possibly have been committed;\nthe nature of the alleged or possible offence and its relevance to the person carrying out a body art tattoo business, or body art tattoo procedures, under the licence;\nanything else the chief executive considers relevant to the decision.\ns 16A ins 2016 No. 62 s 419\n(sec.16A-ssec.1) This section applies to the chief executive in considering information about a person obtained under section 15 , 15B , 16 or 61 .\n(sec.16A-ssec.2) Information about a conviction of the person may be used only for making a decision about whether the person is, or continues to be, a fit and proper person to hold a licence.\n(sec.16A-ssec.3) Information about a charge made against the person for a prescribed offence may be used only for deciding whether to grant a licence to the person, or to suspend, or to refuse to renew, the person’s licence.\n(sec.16A-ssec.4) When making a decision mentioned in subsection (2) , the chief executive must have regard to the following matters relating to information about the commission of the offence by the person— when the offence was committed; the nature of the offence and its relevance to the person carrying out a body art tattoo business, or body art tattoo procedures, under the licence; anything else the chief executive considers relevant to the decision.\n(sec.16A-ssec.5) When making a decision mentioned in subsection (3) , the chief executive must have regard to the following matters relating to information about the alleged or possible commission of the offence by the person— when the offence is alleged to have been committed or may possibly have been committed; the nature of the alleged or possible offence and its relevance to the person carrying out a body art tattoo business, or body art tattoo procedures, under the licence; anything else the chief executive considers relevant to the decision.\n- (a) when the offence was committed;\n- (b) the nature of the offence and its relevance to the person carrying out a body art tattoo business, or body art tattoo procedures, under the licence;\n- (c) anything else the chief executive considers relevant to the decision.\n- (a) when the offence is alleged to have been committed or may possibly have been committed;\n- (b) the nature of the alleged or possible offence and its relevance to the person carrying out a body art tattoo business, or body art tattoo procedures, under the licence;\n- (c) anything else the chief executive considers relevant to the decision.","sortOrder":25},{"sectionNumber":"sec.17","sectionType":"section","heading":"Decision on application","content":"### sec.17 Decision on application\n\nThe chief executive may, after considering an application for a licence and any other information obtained in relation to the application, decide to—\ngrant the licence; or\nrefuse to grant the licence.\nIf the applicant has been charged with a prescribed offence, the chief executive may defer making a decision to grant or refuse to grant the licence until the end of the proceeding for the charge.\nIf the chief executive decides to grant the licence, the chief executive must promptly give the applicant—\nthe licence; and\nif the licence is subject to a condition under section 10 (1) (a) —a QCAT information notice for the decision to impose the condition.\nIf the chief executive decides to refuse to grant the licence, the chief executive must give the applicant a QCAT information notice for the decision.\ns 17 amd 2016 No. 62 s 420\n(sec.17-ssec.1) The chief executive may, after considering an application for a licence and any other information obtained in relation to the application, decide to— grant the licence; or refuse to grant the licence.\n(sec.17-ssec.2) If the applicant has been charged with a prescribed offence, the chief executive may defer making a decision to grant or refuse to grant the licence until the end of the proceeding for the charge.\n(sec.17-ssec.3) If the chief executive decides to grant the licence, the chief executive must promptly give the applicant— the licence; and if the licence is subject to a condition under section 10 (1) (a) —a QCAT information notice for the decision to impose the condition.\n(sec.17-ssec.4) If the chief executive decides to refuse to grant the licence, the chief executive must give the applicant a QCAT information notice for the decision.\n- (a) grant the licence; or\n- (b) refuse to grant the licence.\n- (a) the licence; and\n- (b) if the licence is subject to a condition under section 10 (1) (a) —a QCAT information notice for the decision to impose the condition.","sortOrder":26},{"sectionNumber":"sec.18","sectionType":"section","heading":"Term of licence","content":"### sec.18 Term of licence\n\nA licence may be granted for a term of 1 year or 3 years.\nA licence comes into force on the day stated in the licence.\nA licence stops being in force if it is surrendered, cancelled or otherwise stops being in force.\nSee also the Penalties and Sentences Act 1992 , section 161U .\nA licence suspended under this or another Act is taken not to be in force for this Act during the period of the suspension.\ns 18 amd 2016 No. 62 ss 401 , 421\n(sec.18-ssec.1) A licence may be granted for a term of 1 year or 3 years.\n(sec.18-ssec.2) A licence comes into force on the day stated in the licence.\n(sec.18-ssec.3) A licence stops being in force if it is surrendered, cancelled or otherwise stops being in force. See also the Penalties and Sentences Act 1992 , section 161U .\n(sec.18-ssec.4) A licence suspended under this or another Act is taken not to be in force for this Act during the period of the suspension.","sortOrder":27},{"sectionNumber":"sec.19","sectionType":"section","heading":"Form of licence","content":"### sec.19 Form of licence\n\nA licence must be in the approved form.\nTo remove any doubt, it is declared that the chief executive may approve a form of operator licence for display in the licensed premises.\n(sec.19-ssec.1) A licence must be in the approved form.\n(sec.19-ssec.2) To remove any doubt, it is declared that the chief executive may approve a form of operator licence for display in the licensed premises.","sortOrder":28},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Special conditions relating to licences generally","content":"## Special conditions relating to licences generally","sortOrder":29},{"sectionNumber":"sec.20","sectionType":"section","heading":"Commissioner to make security determinations about applicants and licensees","content":"### sec.20 Commissioner to make security determinations about applicants and licensees\n\ns 20 om 2016 No. 62 s 422","sortOrder":30},{"sectionNumber":"sec.21","sectionType":"section","heading":"Commissioner may require further information","content":"### sec.21 Commissioner may require further information\n\ns 21 om 2016 No. 62 s 422","sortOrder":31},{"sectionNumber":"sec.22","sectionType":"section","heading":"Disclosure of criminal intelligence information","content":"### sec.22 Disclosure of criminal intelligence information\n\ns 22 om 2016 No. 62 s 422","sortOrder":32},{"sectionNumber":"sec.23","sectionType":"section","heading":"Licensee not to sell or dispose of licence","content":"### sec.23 Licensee not to sell or dispose of licence\n\nIt is a condition of a licence that the licensee must not—\nsell, dispose of, deliver, loan, hire or rent the licence to another person; or\npermit another person to use the licence.\n- (a) sell, dispose of, deliver, loan, hire or rent the licence to another person; or\n- (b) permit another person to use the licence.","sortOrder":33},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Special conditions relating to operator licences","content":"## Special conditions relating to operator licences","sortOrder":34},{"sectionNumber":"sec.24","sectionType":"section","heading":"Inspection of financial records","content":"### sec.24 Inspection of financial records\n\nIt is a condition of an operator licence that the licensee must ensure the requirements of this section about the financial records used, received or produced in connection with the carrying on of a body art tattooing business at licensed premises (the business financial records ) are complied with.\nThe business financial records must be made available for inspection by an authorised officer at the place at which they are kept at any reasonable time requested by the officer by notice given to the licensee.\nAn authorised officer inspecting the business financial records must be permitted to take copies of, or take extracts or make notes from, those records.\nIn this section—\nfinancial records includes—\ninvoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes and vouchers; and\ndocuments of prime entry; and\nworking papers and other documents needed to explain—\nthe methods by which financial statements, including, for example, profit and loss statements, balance sheets and cash flow statements, are made up; and\nadjustments to be made in preparing financial statements.\n(sec.24-ssec.1) It is a condition of an operator licence that the licensee must ensure the requirements of this section about the financial records used, received or produced in connection with the carrying on of a body art tattooing business at licensed premises (the business financial records ) are complied with.\n(sec.24-ssec.2) The business financial records must be made available for inspection by an authorised officer at the place at which they are kept at any reasonable time requested by the officer by notice given to the licensee.\n(sec.24-ssec.3) An authorised officer inspecting the business financial records must be permitted to take copies of, or take extracts or make notes from, those records.\n(sec.24-ssec.4) In this section— financial records includes— invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes and vouchers; and documents of prime entry; and working papers and other documents needed to explain— the methods by which financial statements, including, for example, profit and loss statements, balance sheets and cash flow statements, are made up; and adjustments to be made in preparing financial statements.\n- (a) invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes and vouchers; and\n- (b) documents of prime entry; and\n- (c) working papers and other documents needed to explain— (i) the methods by which financial statements, including, for example, profit and loss statements, balance sheets and cash flow statements, are made up; and (ii) adjustments to be made in preparing financial statements.\n- (i) the methods by which financial statements, including, for example, profit and loss statements, balance sheets and cash flow statements, are made up; and\n- (ii) adjustments to be made in preparing financial statements.\n- (i) the methods by which financial statements, including, for example, profit and loss statements, balance sheets and cash flow statements, are made up; and\n- (ii) adjustments to be made in preparing financial statements.","sortOrder":35},{"sectionNumber":"sec.25","sectionType":"section","heading":"Change of licence particulars","content":"### sec.25 Change of licence particulars\n\nIt is a condition of an operator licence that the licensee must give the chief executive notice of any change in the licensee’s particulars within 14 business days after the change.\nIn this section—\nlicensee’s particulars means the information required to be provided by the licensee in connection with the licence application under section 11 (5) or 11A .\ns 25 amd 2016 No. 62 s 423\n(sec.25-ssec.1) It is a condition of an operator licence that the licensee must give the chief executive notice of any change in the licensee’s particulars within 14 business days after the change.\n(sec.25-ssec.2) In this section— licensee’s particulars means the information required to be provided by the licensee in connection with the licence application under section 11 (5) or 11A .","sortOrder":36},{"sectionNumber":"sec.26","sectionType":"section","heading":"Operator not to permit procedures by unlicensed body art tattooists on licensed premises","content":"### sec.26 Operator not to permit procedures by unlicensed body art tattooists on licensed premises\n\nIt is a condition of an operator licence that the licensee must not permit an individual to perform a body art tattooing procedure at the licensed premises unless the individual is the holder of a tattooist licence.","sortOrder":37},{"sectionNumber":"sec.27","sectionType":"section","heading":"Changes in staff members","content":"### sec.27 Changes in staff members\n\nIt is a condition of an operator licence that the licensee must, within 20 business days after a change in staff employment, give notice to the chief executive of the change.\nThere is a change in staff employment if—\na new staff member is employed to work at the licensed premises; or\na staff member stops being employed to work at the licensed premises.\nThe notice must include the following particulars—\nfor a new staff member employed to work at the licensed premises—\nthe full name and the residential address of the new staff member; and\nthe date of birth of the new staff member; and\nthe date on which the new staff member started work at the premises; and\nthe position in which the new staff member is employed to work;\nfor a staff member who has stopped being employed to work at the licensed premises—\nthe full name of the former staff member; and\nthe date of birth of the former staff member; and\nthe date on which the former staff member started work at the premises; and\nthe date on which the former staff member stopped being employed to work at the premises; and\nthe position in which the former staff member was employed to work immediately before he or she stopped being a staff member;\nany other particulars prescribed by regulation.\ns 27 amd 2016 No. 62 s 424\n(sec.27-ssec.1) It is a condition of an operator licence that the licensee must, within 20 business days after a change in staff employment, give notice to the chief executive of the change.\n(sec.27-ssec.2) There is a change in staff employment if— a new staff member is employed to work at the licensed premises; or a staff member stops being employed to work at the licensed premises.\n(sec.27-ssec.3) The notice must include the following particulars— for a new staff member employed to work at the licensed premises— the full name and the residential address of the new staff member; and the date of birth of the new staff member; and the date on which the new staff member started work at the premises; and the position in which the new staff member is employed to work; for a staff member who has stopped being employed to work at the licensed premises— the full name of the former staff member; and the date of birth of the former staff member; and the date on which the former staff member started work at the premises; and the date on which the former staff member stopped being employed to work at the premises; and the position in which the former staff member was employed to work immediately before he or she stopped being a staff member; any other particulars prescribed by regulation.\n- (a) a new staff member is employed to work at the licensed premises; or\n- (b) a staff member stops being employed to work at the licensed premises.\n- (a) for a new staff member employed to work at the licensed premises— (i) the full name and the residential address of the new staff member; and (ii) the date of birth of the new staff member; and (iii) the date on which the new staff member started work at the premises; and (iv) the position in which the new staff member is employed to work;\n- (i) the full name and the residential address of the new staff member; and\n- (ii) the date of birth of the new staff member; and\n- (iii) the date on which the new staff member started work at the premises; and\n- (iv) the position in which the new staff member is employed to work;\n- (b) for a staff member who has stopped being employed to work at the licensed premises— (i) the full name of the former staff member; and (ii) the date of birth of the former staff member; and (iii) the date on which the former staff member started work at the premises; and (iv) the date on which the former staff member stopped being employed to work at the premises; and (v) the position in which the former staff member was employed to work immediately before he or she stopped being a staff member;\n- (i) the full name of the former staff member; and\n- (ii) the date of birth of the former staff member; and\n- (iii) the date on which the former staff member started work at the premises; and\n- (iv) the date on which the former staff member stopped being employed to work at the premises; and\n- (v) the position in which the former staff member was employed to work immediately before he or she stopped being a staff member;\n- (c) any other particulars prescribed by regulation.\n- (i) the full name and the residential address of the new staff member; and\n- (ii) the date of birth of the new staff member; and\n- (iii) the date on which the new staff member started work at the premises; and\n- (iv) the position in which the new staff member is employed to work;\n- (i) the full name of the former staff member; and\n- (ii) the date of birth of the former staff member; and\n- (iii) the date on which the former staff member started work at the premises; and\n- (iv) the date on which the former staff member stopped being employed to work at the premises; and\n- (v) the position in which the former staff member was employed to work immediately before he or she stopped being a staff member;","sortOrder":38},{"sectionNumber":"sec.28","sectionType":"section","heading":"Display of operator licence","content":"### sec.28 Display of operator licence\n\nIt is a condition of an operator licence that the licensee must conspicuously display the licensee’s licence at the licensed premises.","sortOrder":39},{"sectionNumber":"sec.29","sectionType":"section","heading":"Advertisements","content":"### sec.29 Advertisements\n\nIt is a condition of an operator licence that the licensee must ensure the licence number is included in an advertisement relating to the body art tattooing business carried on at the licensed premises.","sortOrder":40},{"sectionNumber":"sec.30","sectionType":"section","heading":"Surrender of operator licence for premises under long-term closure order","content":"### sec.30 Surrender of operator licence for premises under long-term closure order\n\nIt is a condition of an operator licence that, if a closure order has been made under section 47 in relation to the licensed premises, the licensee must return the licence to the chief executive within 7 business days after the order is made.","sortOrder":41},{"sectionNumber":"sec.31","sectionType":"section","heading":"Notifying chief executive of lost, stolen or destroyed operator licence","content":"### sec.31 Notifying chief executive of lost, stolen or destroyed operator licence\n\nIt is a condition of an operator licence that the licensee must give the chief executive a notice that the licence has been lost, stolen or destroyed within 7 business days after the licensee becomes aware it has been lost, stolen or destroyed.","sortOrder":42},{"sectionNumber":"sec.32","sectionType":"section","heading":"Notifying chief executive of existence of a prescribed licence cancellation circumstance","content":"### sec.32 Notifying chief executive of existence of a prescribed licence cancellation circumstance\n\nIt is a condition of an operator licence that the licensee must give a notice to the chief executive that a prescribed licence cancellation circumstance has happened or exists within 7 business days after the licensee becomes aware it has happened or exists.\nIn this section—\nprescribed licence cancellation circumstance means a circumstance mentioned in section 34 of a type that, if the chief executive were satisfied it had happened or exists, would enable the chief executive to cancel an operator licence.\n(sec.32-ssec.1) It is a condition of an operator licence that the licensee must give a notice to the chief executive that a prescribed licence cancellation circumstance has happened or exists within 7 business days after the licensee becomes aware it has happened or exists.\n(sec.32-ssec.2) In this section— prescribed licence cancellation circumstance means a circumstance mentioned in section 34 of a type that, if the chief executive were satisfied it had happened or exists, would enable the chief executive to cancel an operator licence.","sortOrder":43},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Suspension and cancellation of licences","content":"## Suspension and cancellation of licences","sortOrder":44},{"sectionNumber":"sec.33","sectionType":"section","heading":"Suspension of licence","content":"### sec.33 Suspension of licence\n\nThe chief executive may, if the chief executive is satisfied there may be grounds for cancelling a licence, suspend the licence by giving the licensee a QCAT information notice—\nstating that the licence is suspended and the reasons for suspending it; and\nrequesting the person give the chief executive, within a stated period of not less than 14 business days from the day the notice is given, written reasons as to why the licence should not be cancelled; and\nstating that the licence will be cancelled unless the person gives the chief executive sufficient reasons as to why the licence should not be cancelled; and\nstating the period, not more than 60 days from the day on which the notice is given, during which the licence is suspended.\nSee also the Penalties and Sentences Act 1992 , section 161U .\nThe decision takes effect on the later of the following—\nthe day on which the notice is given to the licensee;\nthe day stated in the notice.\ns 33 amd 2016 No. 62 ss 402 , 425\n(sec.33-ssec.1) The chief executive may, if the chief executive is satisfied there may be grounds for cancelling a licence, suspend the licence by giving the licensee a QCAT information notice— stating that the licence is suspended and the reasons for suspending it; and requesting the person give the chief executive, within a stated period of not less than 14 business days from the day the notice is given, written reasons as to why the licence should not be cancelled; and stating that the licence will be cancelled unless the person gives the chief executive sufficient reasons as to why the licence should not be cancelled; and stating the period, not more than 60 days from the day on which the notice is given, during which the licence is suspended. See also the Penalties and Sentences Act 1992 , section 161U .\n(sec.33-ssec.2) The decision takes effect on the later of the following— the day on which the notice is given to the licensee; the day stated in the notice.\n- (a) stating that the licence is suspended and the reasons for suspending it; and\n- (b) requesting the person give the chief executive, within a stated period of not less than 14 business days from the day the notice is given, written reasons as to why the licence should not be cancelled; and\n- (c) stating that the licence will be cancelled unless the person gives the chief executive sufficient reasons as to why the licence should not be cancelled; and\n- (d) stating the period, not more than 60 days from the day on which the notice is given, during which the licence is suspended.\n- (a) the day on which the notice is given to the licensee;\n- (b) the day stated in the notice.","sortOrder":45},{"sectionNumber":"sec.34","sectionType":"section","heading":"Cancellation of licence","content":"### sec.34 Cancellation of licence\n\nThe chief executive may cancel a licence—\nif the chief executive is satisfied the licensee—\nis no longer a fit and proper person to hold the licence; or\nsupplied information that was, to the licensee’s knowledge, false or misleading in a material particular in, or in connection with, the application for, or renewal of, the licence; or\ncontravened this Act, whether or not the licensee has been convicted of an offence for the contravention; or\ncontravened a condition of the licence; or\nin other circumstances prescribed by regulation.\nFor deciding whether a person is not, or is no longer, a fit and proper person to hold the licence, the chief executive may have regard to the matters mentioned in sections 12 to 14 to which the chief executive may have regard in deciding whether an applicant for a licence is a fit and proper person to hold a licence.\nThe chief executive may not have regard to criminal intelligence in deciding whether a person is not, or is no longer, a fit and proper person to hold the licence.\nThe chief executive must not cancel a licence under subsection (2) or (3) without first—\nsuspending the licence; and\nconsidering any reasons given by the licensee under section 33 as to why the licence should not be cancelled.\nThe chief executive may cancel a licence by giving the licensee a QCAT information notice stating that the licence is cancelled and the reasons for cancelling it.\nThe decision takes effect on the later of the following—\nthe day on which the notice is given to the licensee;\nthe day stated in the notice.\ns 34 amd 2016 No. 62 ss 403 , 426\n(sec.34-ssec.1) The chief executive may cancel a licence— if the chief executive is satisfied the licensee— is no longer a fit and proper person to hold the licence; or supplied information that was, to the licensee’s knowledge, false or misleading in a material particular in, or in connection with, the application for, or renewal of, the licence; or contravened this Act, whether or not the licensee has been convicted of an offence for the contravention; or contravened a condition of the licence; or in other circumstances prescribed by regulation.\n(sec.34-ssec.2) For deciding whether a person is not, or is no longer, a fit and proper person to hold the licence, the chief executive may have regard to the matters mentioned in sections 12 to 14 to which the chief executive may have regard in deciding whether an applicant for a licence is a fit and proper person to hold a licence.\n(sec.34-ssec.3) The chief executive may not have regard to criminal intelligence in deciding whether a person is not, or is no longer, a fit and proper person to hold the licence.\n(sec.34-ssec.4) The chief executive must not cancel a licence under subsection (2) or (3) without first— suspending the licence; and considering any reasons given by the licensee under section 33 as to why the licence should not be cancelled.\n(sec.34-ssec.5) The chief executive may cancel a licence by giving the licensee a QCAT information notice stating that the licence is cancelled and the reasons for cancelling it.\n(sec.34-ssec.6) The decision takes effect on the later of the following— the day on which the notice is given to the licensee; the day stated in the notice.\n- (a) if the chief executive is satisfied the licensee— (i) is no longer a fit and proper person to hold the licence; or (ii) supplied information that was, to the licensee’s knowledge, false or misleading in a material particular in, or in connection with, the application for, or renewal of, the licence; or (iii) contravened this Act, whether or not the licensee has been convicted of an offence for the contravention; or (iv) contravened a condition of the licence; or\n- (i) is no longer a fit and proper person to hold the licence; or\n- (ii) supplied information that was, to the licensee’s knowledge, false or misleading in a material particular in, or in connection with, the application for, or renewal of, the licence; or\n- (iii) contravened this Act, whether or not the licensee has been convicted of an offence for the contravention; or\n- (iv) contravened a condition of the licence; or\n- (b) in other circumstances prescribed by regulation.\n- (i) is no longer a fit and proper person to hold the licence; or\n- (ii) supplied information that was, to the licensee’s knowledge, false or misleading in a material particular in, or in connection with, the application for, or renewal of, the licence; or\n- (iii) contravened this Act, whether or not the licensee has been convicted of an offence for the contravention; or\n- (iv) contravened a condition of the licence; or\n- (a) suspending the licence; and\n- (b) considering any reasons given by the licensee under section 33 as to why the licence should not be cancelled.\n- (a) the day on which the notice is given to the licensee;\n- (b) the day stated in the notice.","sortOrder":46},{"sectionNumber":"sec.34A","sectionType":"section","heading":"Automatic cancellation on conviction","content":"### sec.34A Automatic cancellation on conviction\n\nA person’s licence is cancelled if the person is convicted of a prescribed offence for which a conviction is recorded.\nThe person must return the licence to the chief executive within 14 days after its cancellation.\nMaximum penalty for subsection (2) —20 penalty units.\ns 34A ins 2016 No. 62 s 427\n(sec.34A-ssec.1) A person’s licence is cancelled if the person is convicted of a prescribed offence for which a conviction is recorded.\n(sec.34A-ssec.2) The person must return the licence to the chief executive within 14 days after its cancellation. Maximum penalty for subsection (2) —20 penalty units.","sortOrder":47},{"sectionNumber":"sec.35","sectionType":"section","heading":"Return of suspended or cancelled licence","content":"### sec.35 Return of suspended or cancelled licence\n\nIf the chief executive cancels or suspends a person’s licence, the chief executive may give the person a notice requiring the person to return the licence as stated within a stated period, of not less than 14 days.\nThe person must comply with the notice, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nIf a licence returned to the chief executive is still current at the end of the suspension period, the chief executive must return the licence to the licensee.\n(sec.35-ssec.1) If the chief executive cancels or suspends a person’s licence, the chief executive may give the person a notice requiring the person to return the licence as stated within a stated period, of not less than 14 days.\n(sec.35-ssec.2) The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.35-ssec.3) If a licence returned to the chief executive is still current at the end of the suspension period, the chief executive must return the licence to the licensee.","sortOrder":48},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"Renewal of licences","content":"## Renewal of licences","sortOrder":49},{"sectionNumber":"sec.35A","sectionType":"section","heading":"Renewal of licence","content":"### sec.35A Renewal of licence\n\nA licensee may apply to the chief executive for the renewal of the licensee’s licence before the licence ends.\nThe application must be—\nin the approved form; and\naccompanied by—\nthe fee prescribed by regulation; and\nif, before or when the application is made, the chief executive requires the payment of costs under section 15A (1) —the amount of costs required to be paid.\nAn application for renewal of a licence may be considered by the chief executive only if—\nthe commissioner holds the applicant’s fingerprints and palm prints taken under section 35E ; or\nthe applicant consents to having the applicant’s fingerprints and palm prints taken by the commissioner under section 35E .\nIf a regulation prescribes a fee for taking an applicant’s fingerprints under section 35E , the application must be accompanied by the fee.\nHowever, subsection (4) does not apply if the commissioner already holds the relevant person’s fingerprints taken under section 35E .\nIf an applicant’s fingerprints are not taken under section 35E for the application, the chief executive must refund to the applicant any fee paid under subsection (4) .\nIf the chief executive receives an application for the renewal of a licence, the chief executive must renew the licence unless the chief executive considers reasonable grounds exist to refuse to renew the licence under section 35C .\nHowever, if the applicant has been charged with a relevant offence, the chief executive may defer making a decision about renewing the licence until the proceeding for the charge ends.\nIf an application is made under subsection (1) for the renewal of a licence and the chief executive has not, before the licence ends, decided whether to renew the licence, the licence is taken to continue in force until the day—\nthe chief executive decides the application; or\nthe licensee withdraws the application.\nIn this section—\nrelevant offence means—\na prescribed offence; or\nan offence a conviction for which would result in the person convicted being disqualified from holding a licence, permit or other authority under an Act administered by a relevant Minister.\ns 35A ins 2016 No. 62 s 428\n(sec.35A-ssec.1) A licensee may apply to the chief executive for the renewal of the licensee’s licence before the licence ends.\n(sec.35A-ssec.2) The application must be— in the approved form; and accompanied by— the fee prescribed by regulation; and if, before or when the application is made, the chief executive requires the payment of costs under section 15A (1) —the amount of costs required to be paid.\n(sec.35A-ssec.3) An application for renewal of a licence may be considered by the chief executive only if— the commissioner holds the applicant’s fingerprints and palm prints taken under section 35E ; or the applicant consents to having the applicant’s fingerprints and palm prints taken by the commissioner under section 35E .\n(sec.35A-ssec.4) If a regulation prescribes a fee for taking an applicant’s fingerprints under section 35E , the application must be accompanied by the fee.\n(sec.35A-ssec.5) However, subsection (4) does not apply if the commissioner already holds the relevant person’s fingerprints taken under section 35E .\n(sec.35A-ssec.6) If an applicant’s fingerprints are not taken under section 35E for the application, the chief executive must refund to the applicant any fee paid under subsection (4) .\n(sec.35A-ssec.7) If the chief executive receives an application for the renewal of a licence, the chief executive must renew the licence unless the chief executive considers reasonable grounds exist to refuse to renew the licence under section 35C .\n(sec.35A-ssec.8) However, if the applicant has been charged with a relevant offence, the chief executive may defer making a decision about renewing the licence until the proceeding for the charge ends.\n(sec.35A-ssec.9) If an application is made under subsection (1) for the renewal of a licence and the chief executive has not, before the licence ends, decided whether to renew the licence, the licence is taken to continue in force until the day— the chief executive decides the application; or the licensee withdraws the application.\n(sec.35A-ssec.10) In this section— relevant offence means— a prescribed offence; or an offence a conviction for which would result in the person convicted being disqualified from holding a licence, permit or other authority under an Act administered by a relevant Minister.\n- (a) in the approved form; and\n- (b) accompanied by— (i) the fee prescribed by regulation; and (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 15A (1) —the amount of costs required to be paid.\n- (i) the fee prescribed by regulation; and\n- (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 15A (1) —the amount of costs required to be paid.\n- (i) the fee prescribed by regulation; and\n- (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 15A (1) —the amount of costs required to be paid.\n- (a) the commissioner holds the applicant’s fingerprints and palm prints taken under section 35E ; or\n- (b) the applicant consents to having the applicant’s fingerprints and palm prints taken by the commissioner under section 35E .\n- (a) the chief executive decides the application; or\n- (b) the licensee withdraws the application.\n- (a) a prescribed offence; or\n- (b) an offence a conviction for which would result in the person convicted being disqualified from holding a licence, permit or other authority under an Act administered by a relevant Minister.","sortOrder":50},{"sectionNumber":"sec.35B","sectionType":"section","heading":"Term of renewed licence","content":"### sec.35B Term of renewed licence\n\nA licence granted under this division (a renewed licence ) begins at the end of the day on which, apart from its renewal, the licence being renewed would have ended.\nA renewed licence is granted for the term, of 1 year or 3 years, stated in the renewed licence.\ns 35B ins 2016 No. 62 s 428\n(sec.35B-ssec.1) A licence granted under this division (a renewed licence ) begins at the end of the day on which, apart from its renewal, the licence being renewed would have ended.\n(sec.35B-ssec.2) A renewed licence is granted for the term, of 1 year or 3 years, stated in the renewed licence.","sortOrder":51},{"sectionNumber":"sec.35C","sectionType":"section","heading":"Grounds for refusal to renew","content":"### sec.35C Grounds for refusal to renew\n\nEach of the following is a ground to refuse to renew a licence—\nthe applicant—\nis not a fit and proper person to hold the licence; or\nhas supplied information that was, to the licensee’s knowledge, false or misleading in a material particular in, or in connection with, the application for renewal of the licence; or\nhas contravened a provision of this Act, whether or not the licensee has been convicted of an offence for the contravention; or\nhas contravened a condition of the licence to which the application for renewal relates;\nit would be contrary to the public interest for the licence to be granted;\nanother ground prescribed by regulation.\nWithout limiting subsection (1) , it is a ground to refuse to renew an operator licence that a closure order made under section 47 is, or has been, in force in relation to the licensed premises.\nFor deciding whether a person continues to be a fit and proper person to hold the licence, the chief executive may have regard to the matters mentioned in sections 12 to 14 to which the chief executive may have regard in deciding whether an applicant for a licence is a fit and proper person to hold a licence.\nA person is not, or is no longer, a fit and proper person to hold a licence if the person is subject to a relevant control order.\nThe chief executive may not have regard to criminal intelligence in deciding whether—\na person is not, or is no longer, a fit and proper person to hold a licence; or\nit would be contrary to the public interest for the licence to be granted.\ns 35C ins 2016 No. 62 s 428\n(sec.35C-ssec.1) Each of the following is a ground to refuse to renew a licence— the applicant— is not a fit and proper person to hold the licence; or has supplied information that was, to the licensee’s knowledge, false or misleading in a material particular in, or in connection with, the application for renewal of the licence; or has contravened a provision of this Act, whether or not the licensee has been convicted of an offence for the contravention; or has contravened a condition of the licence to which the application for renewal relates; it would be contrary to the public interest for the licence to be granted; another ground prescribed by regulation.\n(sec.35C-ssec.2) Without limiting subsection (1) , it is a ground to refuse to renew an operator licence that a closure order made under section 47 is, or has been, in force in relation to the licensed premises.\n(sec.35C-ssec.3) For deciding whether a person continues to be a fit and proper person to hold the licence, the chief executive may have regard to the matters mentioned in sections 12 to 14 to which the chief executive may have regard in deciding whether an applicant for a licence is a fit and proper person to hold a licence.\n(sec.35C-ssec.4) A person is not, or is no longer, a fit and proper person to hold a licence if the person is subject to a relevant control order.\n(sec.35C-ssec.5) The chief executive may not have regard to criminal intelligence in deciding whether— a person is not, or is no longer, a fit and proper person to hold a licence; or it would be contrary to the public interest for the licence to be granted.\n- (a) the applicant— (i) is not a fit and proper person to hold the licence; or (ii) has supplied information that was, to the licensee’s knowledge, false or misleading in a material particular in, or in connection with, the application for renewal of the licence; or (iii) has contravened a provision of this Act, whether or not the licensee has been convicted of an offence for the contravention; or (iv) has contravened a condition of the licence to which the application for renewal relates;\n- (i) is not a fit and proper person to hold the licence; or\n- (ii) has supplied information that was, to the licensee’s knowledge, false or misleading in a material particular in, or in connection with, the application for renewal of the licence; or\n- (iii) has contravened a provision of this Act, whether or not the licensee has been convicted of an offence for the contravention; or\n- (iv) has contravened a condition of the licence to which the application for renewal relates;\n- (b) it would be contrary to the public interest for the licence to be granted;\n- (c) another ground prescribed by regulation.\n- (i) is not a fit and proper person to hold the licence; or\n- (ii) has supplied information that was, to the licensee’s knowledge, false or misleading in a material particular in, or in connection with, the application for renewal of the licence; or\n- (iii) has contravened a provision of this Act, whether or not the licensee has been convicted of an offence for the contravention; or\n- (iv) has contravened a condition of the licence to which the application for renewal relates;\n- (a) a person is not, or is no longer, a fit and proper person to hold a licence; or\n- (b) it would be contrary to the public interest for the licence to be granted.","sortOrder":52},{"sectionNumber":"sec.35D","sectionType":"section","heading":"Procedure for refusal to renew","content":"### sec.35D Procedure for refusal to renew\n\nIf the chief executive considers reasonable grounds exist to refuse to renew a licence, the chief executive must give the applicant a written notice that—\nstates the chief executive proposes not to renew the licence; and\nstates the grounds for proposing not to renew the licence; and\ninvites the person to show within a stated period, not less than 28 business days after the notice is given to the person, why the application should not be refused.\nIf, after considering all representations made within the stated period, the chief executive still believes that grounds not to renew the licence exist, the chief executive may decide to refuse to renew the licence.\nIf the chief executive decides to refuse to renew the licence, the chief executive must give the applicant a QCAT information notice for the decision.\nThe decision takes effect on the later of the following—\nthe day on which the notice is given to the licensee;\nthe day stated in the notice.\ns 35D ins 2016 No. 62 s 428\n(sec.35D-ssec.1) If the chief executive considers reasonable grounds exist to refuse to renew a licence, the chief executive must give the applicant a written notice that— states the chief executive proposes not to renew the licence; and states the grounds for proposing not to renew the licence; and invites the person to show within a stated period, not less than 28 business days after the notice is given to the person, why the application should not be refused.\n(sec.35D-ssec.2) If, after considering all representations made within the stated period, the chief executive still believes that grounds not to renew the licence exist, the chief executive may decide to refuse to renew the licence.\n(sec.35D-ssec.3) If the chief executive decides to refuse to renew the licence, the chief executive must give the applicant a QCAT information notice for the decision.\n(sec.35D-ssec.4) The decision takes effect on the later of the following— the day on which the notice is given to the licensee; the day stated in the notice.\n- (a) states the chief executive proposes not to renew the licence; and\n- (b) states the grounds for proposing not to renew the licence; and\n- (c) invites the person to show within a stated period, not less than 28 business days after the notice is given to the person, why the application should not be refused.\n- (a) the day on which the notice is given to the licensee;\n- (b) the day stated in the notice.","sortOrder":53},{"sectionNumber":"pt.3-div.7","sectionType":"division","heading":"Fingerprint and palm print procedures","content":"## Fingerprint and palm print procedures","sortOrder":54},{"sectionNumber":"sec.35E","sectionType":"section","heading":"Fingerprinting and palm printing of applicants","content":"### sec.35E Fingerprinting and palm printing of applicants\n\nAn applicant for a licence, or the renewal of a licence, must consent to having his or her fingerprints and palm prints taken by the commissioner to confirm the applicant’s identity.\nThe chief executive must refuse to decide an application for a licence, or the renewal of a licence, if the applicant refuses to be fingerprinted and palm printed.\nIf the applicant consents to having his or her fingerprints and palm prints taken by the commissioner, the chief executive must ask the commissioner to take the applicant’s fingerprints and palm prints—\nto assist the chief executive in deciding whether the applicant is an appropriate person to hold a licence; and\nto assist the chief executive in identifying the applicant for the purpose mentioned in paragraph (a) .\nThe commissioner must comply with a request made under subsection (3) .\nThe commissioner must give the chief executive information about an applicant’s identity derived from fingerprints and palm prints of the person taken under subsection (4) .\nThe commissioner may use the fingerprints and palm prints of an applicant taken under subsection (4) only—\nto comply with subsection (5) ; or\nfor performing a function of the police service.\ns 35E (prev s 13) amd 2016 No. 62 s 417 (1)\nreloc and renum 2016 No. 62 s 417 (2)\n(sec.35E-ssec.1) An applicant for a licence, or the renewal of a licence, must consent to having his or her fingerprints and palm prints taken by the commissioner to confirm the applicant’s identity.\n(sec.35E-ssec.2) The chief executive must refuse to decide an application for a licence, or the renewal of a licence, if the applicant refuses to be fingerprinted and palm printed.\n(sec.35E-ssec.3) If the applicant consents to having his or her fingerprints and palm prints taken by the commissioner, the chief executive must ask the commissioner to take the applicant’s fingerprints and palm prints— to assist the chief executive in deciding whether the applicant is an appropriate person to hold a licence; and to assist the chief executive in identifying the applicant for the purpose mentioned in paragraph (a) .\n(sec.35E-ssec.4) The commissioner must comply with a request made under subsection (3) .\n(sec.35E-ssec.5) The commissioner must give the chief executive information about an applicant’s identity derived from fingerprints and palm prints of the person taken under subsection (4) .\n(sec.35E-ssec.6) The commissioner may use the fingerprints and palm prints of an applicant taken under subsection (4) only— to comply with subsection (5) ; or for performing a function of the police service.\n- (a) to assist the chief executive in deciding whether the applicant is an appropriate person to hold a licence; and\n- (b) to assist the chief executive in identifying the applicant for the purpose mentioned in paragraph (a) .\n- (a) to comply with subsection (5) ; or\n- (b) for performing a function of the police service.","sortOrder":55},{"sectionNumber":"sec.35F","sectionType":"section","heading":"Destruction of fingerprints and palm prints","content":"### sec.35F Destruction of fingerprints and palm prints\n\nA person who formerly held a licence, but is not currently a licensee, may apply to the commissioner to have the person’s fingerprints or palm prints obtained under section 35E , and any copies of the prints, destroyed.\nThe commissioner may decide to grant or refuse the application.\nIf the commissioner decides to grant the application, the commissioner must ensure that the former licensee’s fingerprints or palm prints obtained under section 35E , and copies of the prints, are destroyed as soon as practicable in the presence of a justice.\nIf the commissioner decides to refuse the application, the commissioner must give the applicant notice of the decision.\nIf an application for a licence is withdrawn or refused, the chief executive must ask the commissioner to ensure the applicant’s fingerprints or palm prints obtained under section 35E , and copies of the prints, are destroyed as soon as practicable after the application is withdrawn or refused.\nThe commissioner must comply with a request under subsection (5) in the presence of a justice.\nAs soon as practicable after the applicant’s fingerprints or palm prints, or copies of the prints, are destroyed under subsection (3) or (6) , the commissioner must give the applicant a notice stating that the fingerprints or palm prints, or copies, have been destroyed.\ns 35F (prev s 14) amd 2016 No. 62 s 418 (1)\nreloc and renum 2016 No. 62 s 418 (2)\n(sec.35F-ssec.1) A person who formerly held a licence, but is not currently a licensee, may apply to the commissioner to have the person’s fingerprints or palm prints obtained under section 35E , and any copies of the prints, destroyed.\n(sec.35F-ssec.2) The commissioner may decide to grant or refuse the application.\n(sec.35F-ssec.3) If the commissioner decides to grant the application, the commissioner must ensure that the former licensee’s fingerprints or palm prints obtained under section 35E , and copies of the prints, are destroyed as soon as practicable in the presence of a justice.\n(sec.35F-ssec.4) If the commissioner decides to refuse the application, the commissioner must give the applicant notice of the decision.\n(sec.35F-ssec.5) If an application for a licence is withdrawn or refused, the chief executive must ask the commissioner to ensure the applicant’s fingerprints or palm prints obtained under section 35E , and copies of the prints, are destroyed as soon as practicable after the application is withdrawn or refused.\n(sec.35F-ssec.6) The commissioner must comply with a request under subsection (5) in the presence of a justice.\n(sec.35F-ssec.7) As soon as practicable after the applicant’s fingerprints or palm prints, or copies of the prints, are destroyed under subsection (3) or (6) , the commissioner must give the applicant a notice stating that the fingerprints or palm prints, or copies, have been destroyed.","sortOrder":56},{"sectionNumber":"pt.3-div.8","sectionType":"division","heading":"Keeping of records","content":"## Keeping of records","sortOrder":57},{"sectionNumber":"sec.36","sectionType":"section","heading":"Tattooing procedures log","content":"### sec.36 Tattooing procedures log\n\nThe licensee for an operator licence must ensure a tattooing procedures log is kept, in the approved form, for each calendar year, or part of a calendar year, during which the operator licence is in force.\nMaximum penalty—100 penalty units.\nThe licensee for an operator licence (or, in the case of a former operator licence, the former licensee) must keep the tattooing procedures log for the licensed premises (or former licensed premises) for 3 years after the end of the calendar year, or part of the calendar year, to which the log relates.\nMaximum penalty—100 penalty units.\n(sec.36-ssec.1) The licensee for an operator licence must ensure a tattooing procedures log is kept, in the approved form, for each calendar year, or part of a calendar year, during which the operator licence is in force. Maximum penalty—100 penalty units.\n(sec.36-ssec.2) The licensee for an operator licence (or, in the case of a former operator licence, the former licensee) must keep the tattooing procedures log for the licensed premises (or former licensed premises) for 3 years after the end of the calendar year, or part of the calendar year, to which the log relates. Maximum penalty—100 penalty units.","sortOrder":58},{"sectionNumber":"sec.37","sectionType":"section","heading":"Tattooists to make contemporaneous entries in tattooing procedures log","content":"### sec.37 Tattooists to make contemporaneous entries in tattooing procedures log\n\nAn individual who performs a body art tattooing procedure, whether or not for a fee or reward, on another individual at licensed premises must ensure a contemporaneous record is made in the tattooing procedures log kept by the holder of the operator licence for the licensed premises of the following particulars concerning the procedure—\nthe date on which the procedure was performed;\nthe full name and tattooist licence number of the individual performing the procedure;\nthe amount, if any, charged for performing the procedure, the method of payment and receipt number, if any, for the payment.\nMaximum penalty—200 penalty units.\n- (a) the date on which the procedure was performed;\n- (b) the full name and tattooist licence number of the individual performing the procedure;\n- (c) the amount, if any, charged for performing the procedure, the method of payment and receipt number, if any, for the payment.","sortOrder":59},{"sectionNumber":"sec.38","sectionType":"section","heading":"Way in which records for licensed premises to be kept","content":"### sec.38 Way in which records for licensed premises to be kept\n\nThe licensee under an operator licence must ensure any record the licensee keeps in connection with the carrying on of a body art tattooing business at the licensed premises—\nis kept in the English language and in a way that permits the record to be readily accessible by an authorised officer for inspection; and\nis at all times kept—\nfor a licensed premises that is a fixed premises—at the licensed premises; or\nfor a licensed premises that is a mobile premises—at the fixed premises mentioned in section 11A (1) (b) (ii) .\nMaximum penalty—200 penalty units.\nIn this section—\nrecord , in connection with a body art tattooing business, includes any record that is required to be kept or made under this Act.\ns 38 amd 2016 No. 62 s 429\n(sec.38-ssec.1) The licensee under an operator licence must ensure any record the licensee keeps in connection with the carrying on of a body art tattooing business at the licensed premises— is kept in the English language and in a way that permits the record to be readily accessible by an authorised officer for inspection; and is at all times kept— for a licensed premises that is a fixed premises—at the licensed premises; or for a licensed premises that is a mobile premises—at the fixed premises mentioned in section 11A (1) (b) (ii) . Maximum penalty—200 penalty units.\n(sec.38-ssec.2) In this section— record , in connection with a body art tattooing business, includes any record that is required to be kept or made under this Act.\n- (a) is kept in the English language and in a way that permits the record to be readily accessible by an authorised officer for inspection; and\n- (b) is at all times kept— (i) for a licensed premises that is a fixed premises—at the licensed premises; or (ii) for a licensed premises that is a mobile premises—at the fixed premises mentioned in section 11A (1) (b) (ii) .\n- (i) for a licensed premises that is a fixed premises—at the licensed premises; or\n- (ii) for a licensed premises that is a mobile premises—at the fixed premises mentioned in section 11A (1) (b) (ii) .\n- (i) for a licensed premises that is a fixed premises—at the licensed premises; or\n- (ii) for a licensed premises that is a mobile premises—at the fixed premises mentioned in section 11A (1) (b) (ii) .","sortOrder":60},{"sectionNumber":"pt.3-div.9","sectionType":"division","heading":"Offences relating to licences","content":"## Offences relating to licences","sortOrder":61},{"sectionNumber":"sec.39","sectionType":"section","heading":"Misuse of licences","content":"### sec.39 Misuse of licences\n\nA person (the first person ) must not—\nrepresent, or cause or allow another person to represent, that the first person is a licensee if the first person does not hold a licence; or\nforge or steal a licence; or\ndeface, damage, alter or destroy a licence without the chief executive’s permission; or\npossess another person’s licence without a reasonable excuse.\nMaximum penalty—40 penalty units.\n- (a) represent, or cause or allow another person to represent, that the first person is a licensee if the first person does not hold a licence; or\n- (b) forge or steal a licence; or\n- (c) deface, damage, alter or destroy a licence without the chief executive’s permission; or\n- (d) possess another person’s licence without a reasonable excuse.","sortOrder":62},{"sectionNumber":"pt.4","sectionType":"part","heading":"Permits relating to unlicensed body art tattooing","content":"# Permits relating to unlicensed body art tattooing","sortOrder":63},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Body art tattooing shows and exhibitions","content":"## Body art tattooing shows and exhibitions","sortOrder":64},{"sectionNumber":"sec.40","sectionType":"section","heading":"Authority conferred by permit","content":"### sec.40 Authority conferred by permit\n\nA permit granted under this division (an exhibition permit ) authorises the permit holder to conduct a body art tattooing show or exhibition, whether on the permit holder’s behalf or on behalf of another person—\nat the place stated in the permit; and\nunder the conditions of the permit; and\nfor the period stated in the permit.\ns 40 amd 2016 No. 62 s 430\n- (a) at the place stated in the permit; and\n- (b) under the conditions of the permit; and\n- (c) for the period stated in the permit.","sortOrder":65},{"sectionNumber":"sec.41","sectionType":"section","heading":"Application for exhibition permit","content":"### sec.41 Application for exhibition permit\n\nAn application for an exhibition permit must be made to the chief executive.\nAn application for an exhibition permit may only be made by an individual.\nAn application for an exhibition permit for a body art tattooing show or exhibition to be conducted by or on behalf of a corporation, partnership or trust must be made by an individual nominated by the corporation, partners or trustees to be the events manager for the show or exhibition.\nAn application for an exhibition permit may not be made by an individual who—\nis under 18 years; or\nis not an Australian citizen or Australian resident.\nAn application for an exhibition permit must—\nbe in the approved form; and\nstate the full name, date and place of birth, and residential address of the applicant; and\nbe accompanied by evidence of the applicant’s identity that is satisfactory to the chief executive; and\nThe chief executive may adopt a system under which—\npoints are assigned to the applicant for producing particular evidence of identity; and\nthe applicant is required to achieve a total number of points stated by the chief executive.\nif the applicant’s postal address is different from the applicant’s residential address—state the applicant’s postal address; and\nstate the proposed commencement date for the permit; and\nbe made at least 28 days before the proposed commencement date; and\nstate the address of the place at which it is proposed to conduct the show or exhibition; and\nif the show or exhibition to which the application relates is to be conducted by or on behalf of a corporation, partnership or trust—be accompanied by evidence in the approved form demonstrating the applicant has been nominated by the corporation, partners or trustees to be the events manager; and\nbe accompanied by the fee prescribed under a regulation for the type of show or exhibition concerned.\ns 41 amd 2016 No. 62 ss 404 , 431\n(sec.41-ssec.1) An application for an exhibition permit must be made to the chief executive.\n(sec.41-ssec.2) An application for an exhibition permit may only be made by an individual.\n(sec.41-ssec.3) An application for an exhibition permit for a body art tattooing show or exhibition to be conducted by or on behalf of a corporation, partnership or trust must be made by an individual nominated by the corporation, partners or trustees to be the events manager for the show or exhibition.\n(sec.41-ssec.4) An application for an exhibition permit may not be made by an individual who— is under 18 years; or is not an Australian citizen or Australian resident.\n(sec.41-ssec.5) An application for an exhibition permit must— be in the approved form; and state the full name, date and place of birth, and residential address of the applicant; and be accompanied by evidence of the applicant’s identity that is satisfactory to the chief executive; and The chief executive may adopt a system under which— points are assigned to the applicant for producing particular evidence of identity; and the applicant is required to achieve a total number of points stated by the chief executive. if the applicant’s postal address is different from the applicant’s residential address—state the applicant’s postal address; and state the proposed commencement date for the permit; and be made at least 28 days before the proposed commencement date; and state the address of the place at which it is proposed to conduct the show or exhibition; and if the show or exhibition to which the application relates is to be conducted by or on behalf of a corporation, partnership or trust—be accompanied by evidence in the approved form demonstrating the applicant has been nominated by the corporation, partners or trustees to be the events manager; and be accompanied by the fee prescribed under a regulation for the type of show or exhibition concerned.\n- (a) is under 18 years; or\n- (b) is not an Australian citizen or Australian resident.\n- (a) be in the approved form; and\n- (b) state the full name, date and place of birth, and residential address of the applicant; and\n- (c) be accompanied by evidence of the applicant’s identity that is satisfactory to the chief executive; and Example for paragraph (c) — The chief executive may adopt a system under which— (a) points are assigned to the applicant for producing particular evidence of identity; and (b) the applicant is required to achieve a total number of points stated by the chief executive.\n- (a) points are assigned to the applicant for producing particular evidence of identity; and\n- (b) the applicant is required to achieve a total number of points stated by the chief executive.\n- (d) if the applicant’s postal address is different from the applicant’s residential address—state the applicant’s postal address; and\n- (e) state the proposed commencement date for the permit; and\n- (f) be made at least 28 days before the proposed commencement date; and\n- (g) state the address of the place at which it is proposed to conduct the show or exhibition; and\n- (h) if the show or exhibition to which the application relates is to be conducted by or on behalf of a corporation, partnership or trust—be accompanied by evidence in the approved form demonstrating the applicant has been nominated by the corporation, partners or trustees to be the events manager; and\n- (i) be accompanied by the fee prescribed under a regulation for the type of show or exhibition concerned.\n- (a) points are assigned to the applicant for producing particular evidence of identity; and\n- (b) the applicant is required to achieve a total number of points stated by the chief executive.","sortOrder":66},{"sectionNumber":"sec.42","sectionType":"section","heading":"Decision about application for exhibition permit","content":"### sec.42 Decision about application for exhibition permit\n\nThe chief executive must, after considering an application for an exhibition permit, decide to—\ngrant the permit; or\nrefuse to grant the permit.\nThe chief executive must take the following matters into account in deciding whether to grant the permit—\nwhether the applicant has ever applied for a licence and, if so, any decision in relation to the application;\nwhether the applicant has ever held a licence and, if so, the applicant’s licence history, including compliance and complaints history;\nthe body art tattooists likely to participate in the proposed show or exhibition;\nthe applicant’s capacity to ensure participants comply with Acts relating to the performance of body art tattooing procedures.\nThe chief executive may decide not to grant the permit if the chief executive is satisfied the application for the permit was not properly made.\nThe chief executive may also decide not to grant the permit if—\nthe grant of the permit would result in more than 2 exhibition permits being granted to the same individual, or an individual applying on behalf of the same corporation, partnership or trust, in the same calendar year; and\nthe chief executive reasonably believes the individual is seeking to avoid applying for or holding a licence.\nThe permit may be granted subject to conditions.\nIf the chief executive decides to grant the permit, the chief executive must promptly give the applicant—\nthe permit; and\nif the permit is granted subject to a condition—a QCAT information notice for the decision to impose the condition.\nIf the chief executive decides to refuse to grant the permit, the chief executive must give the applicant a QCAT information notice for the decision.\nThe permit must state the period, not more than 7 days, during which it is in force.\nThe chief executive may, at any time, revoke the permit, or vary the conditions of the permit, by giving the permit holder a QCAT information notice for the decision.\nA revocation or variation under subsection (8) takes effect on the later of the following—\nthe day on which the QCAT information notice is given to the permit holder;\nthe day stated in the QCAT information notice.\ns 42 amd 2016 No. 62 ss 405 , 432\n(sec.42-ssec.1) The chief executive must, after considering an application for an exhibition permit, decide to— grant the permit; or refuse to grant the permit.\n(sec.42-ssec.2) The chief executive must take the following matters into account in deciding whether to grant the permit— whether the applicant has ever applied for a licence and, if so, any decision in relation to the application; whether the applicant has ever held a licence and, if so, the applicant’s licence history, including compliance and complaints history; the body art tattooists likely to participate in the proposed show or exhibition; the applicant’s capacity to ensure participants comply with Acts relating to the performance of body art tattooing procedures.\n(sec.42-ssec.3) The chief executive may decide not to grant the permit if the chief executive is satisfied the application for the permit was not properly made.\n(sec.42-ssec.3A) The chief executive may also decide not to grant the permit if— the grant of the permit would result in more than 2 exhibition permits being granted to the same individual, or an individual applying on behalf of the same corporation, partnership or trust, in the same calendar year; and the chief executive reasonably believes the individual is seeking to avoid applying for or holding a licence.\n(sec.42-ssec.4) The permit may be granted subject to conditions.\n(sec.42-ssec.5) If the chief executive decides to grant the permit, the chief executive must promptly give the applicant— the permit; and if the permit is granted subject to a condition—a QCAT information notice for the decision to impose the condition.\n(sec.42-ssec.6) If the chief executive decides to refuse to grant the permit, the chief executive must give the applicant a QCAT information notice for the decision.\n(sec.42-ssec.7) The permit must state the period, not more than 7 days, during which it is in force.\n(sec.42-ssec.8) The chief executive may, at any time, revoke the permit, or vary the conditions of the permit, by giving the permit holder a QCAT information notice for the decision.\n(sec.42-ssec.9) A revocation or variation under subsection (8) takes effect on the later of the following— the day on which the QCAT information notice is given to the permit holder; the day stated in the QCAT information notice.\n- (a) grant the permit; or\n- (b) refuse to grant the permit.\n- (a) whether the applicant has ever applied for a licence and, if so, any decision in relation to the application;\n- (b) whether the applicant has ever held a licence and, if so, the applicant’s licence history, including compliance and complaints history;\n- (c) the body art tattooists likely to participate in the proposed show or exhibition;\n- (d) the applicant’s capacity to ensure participants comply with Acts relating to the performance of body art tattooing procedures.\n- (a) the grant of the permit would result in more than 2 exhibition permits being granted to the same individual, or an individual applying on behalf of the same corporation, partnership or trust, in the same calendar year; and\n- (b) the chief executive reasonably believes the individual is seeking to avoid applying for or holding a licence.\n- (a) the permit; and\n- (b) if the permit is granted subject to a condition—a QCAT information notice for the decision to impose the condition.\n- (a) the day on which the QCAT information notice is given to the permit holder;\n- (b) the day stated in the QCAT information notice.","sortOrder":67},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Visiting overseas body art tattooists","content":"## Visiting overseas body art tattooists","sortOrder":68},{"sectionNumber":"sec.43","sectionType":"section","heading":"Authority conferred by permit","content":"### sec.43 Authority conferred by permit\n\nA permit granted under this division (a visiting tattooist permit ) authorises the permit holder to perform body art tattooing procedures—\nunder the conditions of the permit; and\nfor the period stated in the permit.\n- (a) under the conditions of the permit; and\n- (b) for the period stated in the permit.","sortOrder":69},{"sectionNumber":"sec.44","sectionType":"section","heading":"Application for visiting tattooist permit","content":"### sec.44 Application for visiting tattooist permit\n\nAn application for a visiting tattooist permit to perform body art tattooing procedures must be made to the chief executive.\nAn application for a visiting tattooist permit may only be made by an individual who is not an Australian resident.\nAn application for a visiting tattooist permit may not be made by an individual who is under 18 years.\nAn application for a visiting tattooist permit must—\nbe in the approved form, and\nstate the proposed commencement date for the permit; and\nbe made at least 28 days before the proposed commencement date; and\nstate the following—\nthe full name of the applicant;\nthe date and place of birth of the applicant;\nthe address at which the applicant intends to reside while in Australia and, if the applicant’s postal address is different from that intended residential address, the applicant’s postal address; and\nbe accompanied by the following—\na copy of the applicant’s passport;\na copy of any visa issued to the applicant to enter Australia;\nif a visa has not been issued to the applicant to enter Australia—evidence that the applicant has applied for a visa at least 7 days before the proposed commencement date for the permit;\ninformation in the approved form concerning the matter mentioned in section 45 (2) ;\nthe fee prescribed under a regulation.\ns 44 amd 2016 No. 62 ss 406 , 433\n(sec.44-ssec.1) An application for a visiting tattooist permit to perform body art tattooing procedures must be made to the chief executive.\n(sec.44-ssec.2) An application for a visiting tattooist permit may only be made by an individual who is not an Australian resident.\n(sec.44-ssec.3) An application for a visiting tattooist permit may not be made by an individual who is under 18 years.\n(sec.44-ssec.4) An application for a visiting tattooist permit must— be in the approved form, and state the proposed commencement date for the permit; and be made at least 28 days before the proposed commencement date; and state the following— the full name of the applicant; the date and place of birth of the applicant; the address at which the applicant intends to reside while in Australia and, if the applicant’s postal address is different from that intended residential address, the applicant’s postal address; and be accompanied by the following— a copy of the applicant’s passport; a copy of any visa issued to the applicant to enter Australia; if a visa has not been issued to the applicant to enter Australia—evidence that the applicant has applied for a visa at least 7 days before the proposed commencement date for the permit; information in the approved form concerning the matter mentioned in section 45 (2) ; the fee prescribed under a regulation.\n- (a) be in the approved form, and\n- (b) state the proposed commencement date for the permit; and\n- (c) be made at least 28 days before the proposed commencement date; and\n- (d) state the following— (i) the full name of the applicant; (ii) the date and place of birth of the applicant; (iii) the address at which the applicant intends to reside while in Australia and, if the applicant’s postal address is different from that intended residential address, the applicant’s postal address; and\n- (i) the full name of the applicant;\n- (ii) the date and place of birth of the applicant;\n- (iii) the address at which the applicant intends to reside while in Australia and, if the applicant’s postal address is different from that intended residential address, the applicant’s postal address; and\n- (e) be accompanied by the following— (i) a copy of the applicant’s passport; (ii) a copy of any visa issued to the applicant to enter Australia; (iii) if a visa has not been issued to the applicant to enter Australia—evidence that the applicant has applied for a visa at least 7 days before the proposed commencement date for the permit; (iv) information in the approved form concerning the matter mentioned in section 45 (2) ; (v) the fee prescribed under a regulation.\n- (i) a copy of the applicant’s passport;\n- (ii) a copy of any visa issued to the applicant to enter Australia;\n- (iii) if a visa has not been issued to the applicant to enter Australia—evidence that the applicant has applied for a visa at least 7 days before the proposed commencement date for the permit;\n- (iv) information in the approved form concerning the matter mentioned in section 45 (2) ;\n- (v) the fee prescribed under a regulation.\n- (i) the full name of the applicant;\n- (ii) the date and place of birth of the applicant;\n- (iii) the address at which the applicant intends to reside while in Australia and, if the applicant’s postal address is different from that intended residential address, the applicant’s postal address; and\n- (i) a copy of the applicant’s passport;\n- (ii) a copy of any visa issued to the applicant to enter Australia;\n- (iii) if a visa has not been issued to the applicant to enter Australia—evidence that the applicant has applied for a visa at least 7 days before the proposed commencement date for the permit;\n- (iv) information in the approved form concerning the matter mentioned in section 45 (2) ;\n- (v) the fee prescribed under a regulation.","sortOrder":70},{"sectionNumber":"sec.45","sectionType":"section","heading":"Decision about application for visiting tattooist permit","content":"### sec.45 Decision about application for visiting tattooist permit\n\nThe chief executive must, after considering an application for a visiting tattooist permit, decide to—\ngrant the permit; or\nrefuse to grant the permit.\nThe chief executive is to take into account, in deciding whether to grant the permit, the applicant’s capacity to comply with Acts relating to the performance of body art tattooing procedures.\nThe chief executive may decide not to grant the permit if the chief executive is satisfied the application was not properly made.\nThe chief executive may also refuse to grant the permit if—\nthe grant of the permit would result in more than 2 visiting tattooist permits being granted to the same individual in the same calendar year; and\nthe chief executive reasonably believes the individual is seeking to avoid applying for or holding a licence.\nThe permit may be granted unconditionally or subject to conditions.\nIf the chief executive decides to grant the permit, the chief executive must promptly give the applicant—\nthe permit; and\nif the permit is granted subject to a condition—a QCAT information notice for the decision to impose the condition.\nIf the chief executive decides to refuse to grant the permit, the chief executive must give the applicant a QCAT information notice for the decision.\nA permit must state the period, not more than 31 days, during which it is in force.\nThe chief executive may at any time, by notice given to the permit holder, revoke the permit or vary the conditions of the permit.\nThe chief executive may, at any time, revoke the permit, or vary the conditions of the permit, by giving the permit holder a QCAT information notice for the decision.\nA revocation or variation under subsection (8) takes effect on the later of the following—\nthe day on which the QCAT information notice is given to the permit holder;\nthe day stated in the QCAT information notice.\ns 45 amd 2016 No. 62 ss 407 , 434\n(sec.45-ssec.1) The chief executive must, after considering an application for a visiting tattooist permit, decide to— grant the permit; or refuse to grant the permit.\n(sec.45-ssec.2) The chief executive is to take into account, in deciding whether to grant the permit, the applicant’s capacity to comply with Acts relating to the performance of body art tattooing procedures.\n(sec.45-ssec.3) The chief executive may decide not to grant the permit if the chief executive is satisfied the application was not properly made.\n(sec.45-ssec.4) The chief executive may also refuse to grant the permit if— the grant of the permit would result in more than 2 visiting tattooist permits being granted to the same individual in the same calendar year; and the chief executive reasonably believes the individual is seeking to avoid applying for or holding a licence.\n(sec.45-ssec.5) The permit may be granted unconditionally or subject to conditions.\n(sec.45-ssec.6) If the chief executive decides to grant the permit, the chief executive must promptly give the applicant— the permit; and if the permit is granted subject to a condition—a QCAT information notice for the decision to impose the condition.\n(sec.45-ssec.7) If the chief executive decides to refuse to grant the permit, the chief executive must give the applicant a QCAT information notice for the decision.\n(sec.45-ssec.8) A permit must state the period, not more than 31 days, during which it is in force.\n(sec.45-ssec.9) The chief executive may at any time, by notice given to the permit holder, revoke the permit or vary the conditions of the permit.\n(sec.45-ssec.10) The chief executive may, at any time, revoke the permit, or vary the conditions of the permit, by giving the permit holder a QCAT information notice for the decision.\n(sec.45-ssec.11) A revocation or variation under subsection (8) takes effect on the later of the following— the day on which the QCAT information notice is given to the permit holder; the day stated in the QCAT information notice.\n- (a) grant the permit; or\n- (b) refuse to grant the permit.\n- (a) the grant of the permit would result in more than 2 visiting tattooist permits being granted to the same individual in the same calendar year; and\n- (b) the chief executive reasonably believes the individual is seeking to avoid applying for or holding a licence.\n- (a) the permit; and\n- (b) if the permit is granted subject to a condition—a QCAT information notice for the decision to impose the condition.\n- (a) the day on which the QCAT information notice is given to the permit holder;\n- (b) the day stated in the QCAT information notice.","sortOrder":71},{"sectionNumber":"pt.5","sectionType":"part","heading":"Enforcement","content":"# Enforcement","sortOrder":72},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Closure orders","content":"## Closure orders","sortOrder":73},{"sectionNumber":"sec.46","sectionType":"section","heading":"Interim closure of unlicensed or illegal body art tattooing businesses","content":"### sec.46 Interim closure of unlicensed or illegal body art tattooing businesses\n\nThe commissioner may make an order that stated premises be closed (an interim closure order ) if—\nthe commissioner is satisfied a body art tattooing business is being carried on at the premises without the authority of an operator licence; or\nthe commissioner reasonably suspects serious criminal offences are being committed at the premises.\nThe interim closure order must be—\nserved on the person apparently in charge of the premises, if any; or\nposted in a conspicuous place—\nfor a licensed premises that is a fixed premises—at the entrance to the licensed premises; or\nfor a licensed premises that is a mobile premises—\non the mobile premises; or\nat the entrance to the fixed premises mentioned in section 11A (1) (b) (ii) .\nThe interim closure order—\ntakes effect from the time it is served or posted; and\ncontinues until the first of the following happens—\nthe commissioner revokes it;\nthe end of 72 hours after it was served or posted.\nNo more than 1 interim closure order may be made for the same premises in a period of 7 days.\ns 46 amd 2016 No. 62 s 435\n(sec.46-ssec.1) The commissioner may make an order that stated premises be closed (an interim closure order ) if— the commissioner is satisfied a body art tattooing business is being carried on at the premises without the authority of an operator licence; or the commissioner reasonably suspects serious criminal offences are being committed at the premises.\n(sec.46-ssec.2) The interim closure order must be— served on the person apparently in charge of the premises, if any; or posted in a conspicuous place— for a licensed premises that is a fixed premises—at the entrance to the licensed premises; or for a licensed premises that is a mobile premises— on the mobile premises; or at the entrance to the fixed premises mentioned in section 11A (1) (b) (ii) .\n(sec.46-ssec.3) The interim closure order— takes effect from the time it is served or posted; and continues until the first of the following happens— the commissioner revokes it; the end of 72 hours after it was served or posted.\n(sec.46-ssec.4) No more than 1 interim closure order may be made for the same premises in a period of 7 days.\n- (a) the commissioner is satisfied a body art tattooing business is being carried on at the premises without the authority of an operator licence; or\n- (b) the commissioner reasonably suspects serious criminal offences are being committed at the premises.\n- (a) served on the person apparently in charge of the premises, if any; or\n- (b) posted in a conspicuous place— (i) for a licensed premises that is a fixed premises—at the entrance to the licensed premises; or (ii) for a licensed premises that is a mobile premises— (A) on the mobile premises; or (B) at the entrance to the fixed premises mentioned in section 11A (1) (b) (ii) .\n- (i) for a licensed premises that is a fixed premises—at the entrance to the licensed premises; or\n- (ii) for a licensed premises that is a mobile premises— (A) on the mobile premises; or (B) at the entrance to the fixed premises mentioned in section 11A (1) (b) (ii) .\n- (A) on the mobile premises; or\n- (B) at the entrance to the fixed premises mentioned in section 11A (1) (b) (ii) .\n- (i) for a licensed premises that is a fixed premises—at the entrance to the licensed premises; or\n- (ii) for a licensed premises that is a mobile premises— (A) on the mobile premises; or (B) at the entrance to the fixed premises mentioned in section 11A (1) (b) (ii) .\n- (A) on the mobile premises; or\n- (B) at the entrance to the fixed premises mentioned in section 11A (1) (b) (ii) .\n- (A) on the mobile premises; or\n- (B) at the entrance to the fixed premises mentioned in section 11A (1) (b) (ii) .\n- (a) takes effect from the time it is served or posted; and\n- (b) continues until the first of the following happens— (i) the commissioner revokes it; (ii) the end of 72 hours after it was served or posted.\n- (i) the commissioner revokes it;\n- (ii) the end of 72 hours after it was served or posted.\n- (i) the commissioner revokes it;\n- (ii) the end of 72 hours after it was served or posted.","sortOrder":74},{"sectionNumber":"sec.47","sectionType":"section","heading":"Long-term closure of body art tattooing businesses","content":"### sec.47 Long-term closure of body art tattooing businesses\n\nA magistrate may, on the application of the commissioner, order that stated premises be closed for a stated period if the magistrate is satisfied that—\na body art tattooing business is being carried on at the premises without the authority of an operator licence; or\nthere have been, or there are likely to be, serious criminal offences committed at or in connection with the premises.\nAn application may be made regardless of whether an interim closure order is, or has been, in force in relation to the premises.\ns 47 amd 2016 No. 62 s 436\n(sec.47-ssec.1) A magistrate may, on the application of the commissioner, order that stated premises be closed for a stated period if the magistrate is satisfied that— a body art tattooing business is being carried on at the premises without the authority of an operator licence; or there have been, or there are likely to be, serious criminal offences committed at or in connection with the premises.\n(sec.47-ssec.2) An application may be made regardless of whether an interim closure order is, or has been, in force in relation to the premises.\n- (a) a body art tattooing business is being carried on at the premises without the authority of an operator licence; or\n- (b) there have been, or there are likely to be, serious criminal offences committed at or in connection with the premises.","sortOrder":75},{"sectionNumber":"sec.48","sectionType":"section","heading":"Body art tattooing business may not be carried on in closed premises","content":"### sec.48 Body art tattooing business may not be carried on in closed premises\n\nA person must not, while a closure order is in force in relation to premises—\ncarry on a body art tattooing business at the premises; or\nwork as a body art tattooist at those premises.\nMaximum penalty—100 penalty units.\nIt is a defence in proceedings for an offence against this section if the person satisfies the court the person did not know, and could not reasonably have been expected to know, a closure order was in force in relation to the premises.\n(sec.48-ssec.1) A person must not, while a closure order is in force in relation to premises— carry on a body art tattooing business at the premises; or work as a body art tattooist at those premises. Maximum penalty—100 penalty units.\n(sec.48-ssec.2) It is a defence in proceedings for an offence against this section if the person satisfies the court the person did not know, and could not reasonably have been expected to know, a closure order was in force in relation to the premises.\n- (a) carry on a body art tattooing business at the premises; or\n- (b) work as a body art tattooist at those premises.","sortOrder":76},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Powers of entry","content":"## Powers of entry","sortOrder":77},{"sectionNumber":"sec.49","sectionType":"section","heading":"Production of authorised officer’s identity card","content":"### sec.49 Production of authorised officer’s identity card\n\nAn authorised officer may exercise a power under this division in relation to a person only if the officer first produces or displays the officer’s identity card for inspection by the person.\nIf, for any reason, it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for inspection by the person at the first reasonable opportunity.\n(sec.49-ssec.1) An authorised officer may exercise a power under this division in relation to a person only if the officer first produces or displays the officer’s identity card for inspection by the person.\n(sec.49-ssec.2) If, for any reason, it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for inspection by the person at the first reasonable opportunity.","sortOrder":78},{"sectionNumber":"sec.50","sectionType":"section","heading":"Entry of premises by authorised officer","content":"### sec.50 Entry of premises by authorised officer\n\nAn authorised officer may at any reasonable time enter licensed premises, or any other premises the authorised officer reasonably suspects are being used to perform body art tattooing procedures for fee or reward, if—\nthe occupier of the premises consents to the entry; or\nit is a public place and the entry is made when the place is open to the public; or\nthe entry is authorised by a warrant; or\nfor licensed premises—the premises are open for carrying on the business or otherwise open for entry.\nThis section does not confer a power to enter premises or a part of premises used only for residential purposes without the consent of the occupier or the authority of a search warrant.\nBefore asking for the consent of an occupier, an authorised officer must give a reasonable explanation to the occupier—\nabout the purpose of the entry, including the powers intended to be exercised; and\nthat the occupier is not required to consent; and\nthat the consent may be given subject to conditions and may be withdrawn at any time.\n(sec.50-ssec.1) An authorised officer may at any reasonable time enter licensed premises, or any other premises the authorised officer reasonably suspects are being used to perform body art tattooing procedures for fee or reward, if— the occupier of the premises consents to the entry; or it is a public place and the entry is made when the place is open to the public; or the entry is authorised by a warrant; or for licensed premises—the premises are open for carrying on the business or otherwise open for entry.\n(sec.50-ssec.2) This section does not confer a power to enter premises or a part of premises used only for residential purposes without the consent of the occupier or the authority of a search warrant.\n(sec.50-ssec.3) Before asking for the consent of an occupier, an authorised officer must give a reasonable explanation to the occupier— about the purpose of the entry, including the powers intended to be exercised; and that the occupier is not required to consent; and that the consent may be given subject to conditions and may be withdrawn at any time.\n- (a) the occupier of the premises consents to the entry; or\n- (b) it is a public place and the entry is made when the place is open to the public; or\n- (c) the entry is authorised by a warrant; or\n- (d) for licensed premises—the premises are open for carrying on the business or otherwise open for entry.\n- (a) about the purpose of the entry, including the powers intended to be exercised; and\n- (b) that the occupier is not required to consent; and\n- (c) that the consent may be given subject to conditions and may be withdrawn at any time.","sortOrder":79},{"sectionNumber":"sec.51","sectionType":"section","heading":"Warrants","content":"### sec.51 Warrants\n\nAn authorised officer may apply to a magistrate for a warrant for a place.\nThe application must—\nbe sworn; and\nset out the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require that additional information supporting the application be given by a statutory declaration.\nThe magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing (the evidence ) that may provide evidence of the commission of an offence against this Act; and\nthe evidence is, or may be within the next 7 days, at the place.\nThe warrant must state—\nthat the authorised officer is authorised, with assistance and force that may be necessary and reasonable—\nto enter the place; and\nto exercise the authorised officer’s powers under this Act; and\nthe evidence for which the warrant is issued; and\nthe hours of the day when entry may be made; and\nthe day, within 14 days after the warrant’s issue, on which the warrant stops having effect.\n(sec.51-ssec.1) An authorised officer may apply to a magistrate for a warrant for a place.\n(sec.51-ssec.2) The application must— be sworn; and set out the grounds on which the warrant is sought.\n(sec.51-ssec.3) The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require that additional information supporting the application be given by a statutory declaration.\n(sec.51-ssec.4) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing (the evidence ) that may provide evidence of the commission of an offence against this Act; and the evidence is, or may be within the next 7 days, at the place.\n(sec.51-ssec.5) The warrant must state— that the authorised officer is authorised, with assistance and force that may be necessary and reasonable— to enter the place; and to exercise the authorised officer’s powers under this Act; and the evidence for which the warrant is issued; and the hours of the day when entry may be made; and the day, within 14 days after the warrant’s issue, on which the warrant stops having effect.\n- (a) be sworn; and\n- (b) set out the grounds on which the warrant is sought.\n- (a) there is a particular thing (the evidence ) that may provide evidence of the commission of an offence against this Act; and\n- (b) the evidence is, or may be within the next 7 days, at the place.\n- (a) that the authorised officer is authorised, with assistance and force that may be necessary and reasonable— (i) to enter the place; and (ii) to exercise the authorised officer’s powers under this Act; and\n- (i) to enter the place; and\n- (ii) to exercise the authorised officer’s powers under this Act; and\n- (b) the evidence for which the warrant is issued; and\n- (c) the hours of the day when entry may be made; and\n- (d) the day, within 14 days after the warrant’s issue, on which the warrant stops having effect.\n- (i) to enter the place; and\n- (ii) to exercise the authorised officer’s powers under this Act; and","sortOrder":80},{"sectionNumber":"sec.52","sectionType":"section","heading":"Authorised officer’s general powers in a place","content":"### sec.52 Authorised officer’s general powers in a place\n\nAfter entering a place under section 50 , an authorised officer may exercise a power mentioned in subsection (2) only if—\nthe occupier of the place consents to the exercise of the power; or\nthe entry was authorised by a warrant.\nThe authorised officer may—\nsearch any part of the place; or\nif entry was authorised by a warrant—seize the evidence for which the warrant was issued; or\nseize a thing if the authorised officer believes on reasonable grounds—\nthe thing is evidence of the commission of an offence against this Act; and\nthe seizure is necessary to prevent—\nthe concealment, loss or destruction of the thing; or\nthe use of the thing in committing, continuing or repeating an offence against this Act; or\ninspect, examine, photograph or film anything in or on the place; or\ntake extracts from, or make copies of, any documents in or on the place; or\ntake into or onto the place any person, equipment and materials that the authorised officer reasonably requires for the purpose of exercising any powers in relation to the place.\n(sec.52-ssec.1) After entering a place under section 50 , an authorised officer may exercise a power mentioned in subsection (2) only if— the occupier of the place consents to the exercise of the power; or the entry was authorised by a warrant.\n(sec.52-ssec.2) The authorised officer may— search any part of the place; or if entry was authorised by a warrant—seize the evidence for which the warrant was issued; or seize a thing if the authorised officer believes on reasonable grounds— the thing is evidence of the commission of an offence against this Act; and the seizure is necessary to prevent— the concealment, loss or destruction of the thing; or the use of the thing in committing, continuing or repeating an offence against this Act; or inspect, examine, photograph or film anything in or on the place; or take extracts from, or make copies of, any documents in or on the place; or take into or onto the place any person, equipment and materials that the authorised officer reasonably requires for the purpose of exercising any powers in relation to the place.\n- (a) the occupier of the place consents to the exercise of the power; or\n- (b) the entry was authorised by a warrant.\n- (a) search any part of the place; or\n- (b) if entry was authorised by a warrant—seize the evidence for which the warrant was issued; or\n- (c) seize a thing if the authorised officer believes on reasonable grounds— (i) the thing is evidence of the commission of an offence against this Act; and (ii) the seizure is necessary to prevent— (A) the concealment, loss or destruction of the thing; or (B) the use of the thing in committing, continuing or repeating an offence against this Act; or\n- (i) the thing is evidence of the commission of an offence against this Act; and\n- (ii) the seizure is necessary to prevent— (A) the concealment, loss or destruction of the thing; or (B) the use of the thing in committing, continuing or repeating an offence against this Act; or\n- (A) the concealment, loss or destruction of the thing; or\n- (B) the use of the thing in committing, continuing or repeating an offence against this Act; or\n- (d) inspect, examine, photograph or film anything in or on the place; or\n- (e) take extracts from, or make copies of, any documents in or on the place; or\n- (f) take into or onto the place any person, equipment and materials that the authorised officer reasonably requires for the purpose of exercising any powers in relation to the place.\n- (i) the thing is evidence of the commission of an offence against this Act; and\n- (ii) the seizure is necessary to prevent— (A) the concealment, loss or destruction of the thing; or (B) the use of the thing in committing, continuing or repeating an offence against this Act; or\n- (A) the concealment, loss or destruction of the thing; or\n- (B) the use of the thing in committing, continuing or repeating an offence against this Act; or\n- (A) the concealment, loss or destruction of the thing; or\n- (B) the use of the thing in committing, continuing or repeating an offence against this Act; or","sortOrder":81},{"sectionNumber":"sec.53","sectionType":"section","heading":"Procedure after thing seized","content":"### sec.53 Procedure after thing seized\n\nAs soon as practicable after a thing is seized by an authorised officer, the authorised officer must give a receipt for it to the person from whom it was seized.\nThe authorised officer must allow a person who would be entitled to the seized thing if it were not in the authorised officer’s possession—\nto inspect it; or\nif it is a document—to take extracts from it or make copies of it.\nThe authorised officer must return the seized thing to the person at the end of—\n12 months; or\nif a prosecution for an offence involving it is started within 12 months—the proceeding for the offence and any appeal from the proceeding.\nDespite subsection (3) , the authorised officer must return the seized thing to the person if the authorised officer is satisfied that—\nits retention as evidence is no longer necessary; and\nits return is not likely to result in its use in repeating the offence.\n(sec.53-ssec.1) As soon as practicable after a thing is seized by an authorised officer, the authorised officer must give a receipt for it to the person from whom it was seized.\n(sec.53-ssec.2) The authorised officer must allow a person who would be entitled to the seized thing if it were not in the authorised officer’s possession— to inspect it; or if it is a document—to take extracts from it or make copies of it.\n(sec.53-ssec.3) The authorised officer must return the seized thing to the person at the end of— 12 months; or if a prosecution for an offence involving it is started within 12 months—the proceeding for the offence and any appeal from the proceeding.\n(sec.53-ssec.4) Despite subsection (3) , the authorised officer must return the seized thing to the person if the authorised officer is satisfied that— its retention as evidence is no longer necessary; and its return is not likely to result in its use in repeating the offence.\n- (a) to inspect it; or\n- (b) if it is a document—to take extracts from it or make copies of it.\n- (a) 12 months; or\n- (b) if a prosecution for an offence involving it is started within 12 months—the proceeding for the offence and any appeal from the proceeding.\n- (a) its retention as evidence is no longer necessary; and\n- (b) its return is not likely to result in its use in repeating the offence.","sortOrder":82},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Other enforcement provisions","content":"## Other enforcement provisions","sortOrder":83},{"sectionNumber":"sec.54","sectionType":"section","heading":"Production of licences","content":"### sec.54 Production of licences\n\nA licensee must not, without reasonable excuse, fail to produce the licensee’s licence to an authorised officer if asked to do so by the authorised officer.\nMaximum penalty—20 penalty units.","sortOrder":84},{"sectionNumber":"sec.55","sectionType":"section","heading":"Obstruction of authorised officer","content":"### sec.55 Obstruction of authorised officer\n\nA person must not obstruct an authorised officer exercising a power under this Act unless the person has a reasonable excuse.\nMaximum penalty—60 penalty units.\nIf a person has obstructed an authorised officer and the officer decides to proceed with the exercise of the power, the officer must, if practicable, warn the person that—\nit is an offence to cause an obstruction unless the person has a reasonable excuse; and\nthe officer considers the person’s conduct an obstruction.\nIn this section—\nobstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.\n(sec.55-ssec.1) A person must not obstruct an authorised officer exercising a power under this Act unless the person has a reasonable excuse. Maximum penalty—60 penalty units.\n(sec.55-ssec.2) If a person has obstructed an authorised officer and the officer decides to proceed with the exercise of the power, the officer must, if practicable, warn the person that— it is an offence to cause an obstruction unless the person has a reasonable excuse; and the officer considers the person’s conduct an obstruction.\n(sec.55-ssec.3) In this section— obstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.\n- (a) it is an offence to cause an obstruction unless the person has a reasonable excuse; and\n- (b) the officer considers the person’s conduct an obstruction.","sortOrder":85},{"sectionNumber":"pt.6","sectionType":"part","heading":"Review","content":"# Review","sortOrder":86},{"sectionNumber":"sec.56","sectionType":"section","heading":"Review by QCAT of particular decisions of chief executive","content":"### sec.56 Review by QCAT of particular decisions of chief executive\n\nA person may apply to QCAT for a review of a decision of the chief executive to—\nrefuse to grant a licence to the person; or\nimpose a condition on a licence granted to the person; or\nsuspend or cancel a licence granted to the person; or\nrefuse to grant a permit to the person; or\nimpose a condition on a permit granted to the person; or\nrevoke, or vary a condition, on a permit granted to the person.\nThe application to QCAT must be made as provided under the QCAT Act .\ns 56 amd 2016 No. 62 s 408\n(sec.56-ssec.1) A person may apply to QCAT for a review of a decision of the chief executive to— refuse to grant a licence to the person; or impose a condition on a licence granted to the person; or suspend or cancel a licence granted to the person; or refuse to grant a permit to the person; or impose a condition on a permit granted to the person; or revoke, or vary a condition, on a permit granted to the person.\n(sec.56-ssec.2) The application to QCAT must be made as provided under the QCAT Act .\n- (a) refuse to grant a licence to the person; or\n- (b) impose a condition on a licence granted to the person; or\n- (c) suspend or cancel a licence granted to the person; or\n- (d) refuse to grant a permit to the person; or\n- (e) impose a condition on a permit granted to the person; or\n- (f) revoke, or vary a condition, on a permit granted to the person.","sortOrder":87},{"sectionNumber":"sec.57","sectionType":"section","heading":"Confidentiality of criminal intelligence in proceedings","content":"### sec.57 Confidentiality of criminal intelligence in proceedings\n\ns 57 sub 2013 No. 64 s 186\nom 2016 No. 62 s 437","sortOrder":88},{"sectionNumber":"sec.58","sectionType":"section","heading":"Application of Judicial Review Act 1991","content":"### sec.58 Application of Judicial Review Act 1991\n\ns 58 amd 2013 No. 64 s 187\nom 2016 No. 62 s 437","sortOrder":89},{"sectionNumber":"pt.7","sectionType":"part","heading":"General","content":"# General","sortOrder":90},{"sectionNumber":"sec.59","sectionType":"section","heading":"False or misleading statements","content":"### sec.59 False or misleading statements\n\nA person must not state anything to an official that the person knows is false or misleading in a material particular.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nIn this section—\nofficial means—\nthe chief executive; or\nan authorised officer; or\nthe commissioner.\ns 59 amd 2016 No. 62 s 438\n(sec.59-ssec.1) A person must not state anything to an official that the person knows is false or misleading in a material particular. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.59-ssec.2) In this section— official means— the chief executive; or an authorised officer; or the commissioner.\n- (a) the chief executive; or\n- (b) an authorised officer; or\n- (c) the commissioner.","sortOrder":91},{"sectionNumber":"sec.60","sectionType":"section","heading":"False or misleading documents","content":"### sec.60 False or misleading documents\n\nA person must not give an official a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the official, 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.\nIn this section—\nofficial means—\nthe chief executive; or\nan authorised officer; or\nthe commissioner.\ns 60 amd 2016 No. 62 s 439\n(sec.60-ssec.1) A person must not give an official a document containing information the person knows is false or misleading in a material particular. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.60-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the official, 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(sec.60-ssec.3) In this section— official means— the chief executive; or an authorised officer; or the commissioner.\n- (a) tells the official, 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.\n- (a) the chief executive; or\n- (b) an authorised officer; or\n- (c) the commissioner.","sortOrder":92},{"sectionNumber":"sec.61","sectionType":"section","heading":"Exchange of information","content":"### sec.61 Exchange of information\n\nThe chief executive may enter into an arrangement (an information-sharing arrangement ) with a relevant agency for the purpose of sharing or exchanging information—\nheld by the chief executive or the relevant agency; or\nto which the chief executive or the relevant agency has access.\nAn information-sharing arrangement may relate only to information that assists—\nthe chief executive perform the chief executive’s functions under this Act; or\nthe relevant agency perform its functions.\nUnder an information-sharing arrangement, the chief executive and the relevant agency are, despite another Act or law, authorised to—\nask for and receive information held by the other party to the arrangement or to which the other party has access; and\ndisclose information to the other party.\nThe chief executive may use criminal intelligence given to the chief executive by the commissioner under an information-sharing arrangement only for monitoring compliance with this Act.\nIn this section—\ninformation does not include information given to the chief executive or a relevant agency, or to which the chief executive or relevant agency has access, under the Crime and Corruption Act 2001 .\nrelevant agency means the following—\nthe commissioner;\nthe chief executive of a department;\na local government;\na person prescribed by regulation.\ns 61 sub 2016 No. 62 s 440\n(sec.61-ssec.1) The chief executive may enter into an arrangement (an information-sharing arrangement ) with a relevant agency for the purpose of sharing or exchanging information— held by the chief executive or the relevant agency; or to which the chief executive or the relevant agency has access.\n(sec.61-ssec.2) An information-sharing arrangement may relate only to information that assists— the chief executive perform the chief executive’s functions under this Act; or the relevant agency perform its functions.\n(sec.61-ssec.3) Under an information-sharing arrangement, the chief executive and the relevant agency are, despite another Act or law, authorised to— ask for and receive information held by the other party to the arrangement or to which the other party has access; and disclose information to the other party.\n(sec.61-ssec.4) The chief executive may use criminal intelligence given to the chief executive by the commissioner under an information-sharing arrangement only for monitoring compliance with this Act.\n(sec.61-ssec.5) In this section— information does not include information given to the chief executive or a relevant agency, or to which the chief executive or relevant agency has access, under the Crime and Corruption Act 2001 . relevant agency means the following— the commissioner; the chief executive of a department; a local government; a person prescribed by regulation.\n- (a) held by the chief executive or the relevant agency; or\n- (b) to which the chief executive or the relevant agency has access.\n- (a) the chief executive perform the chief executive’s functions under this Act; or\n- (b) the relevant agency perform its functions.\n- (a) ask for and receive information held by the other party to the arrangement or to which the other party has access; and\n- (b) disclose information to the other party.\n- (a) the commissioner;\n- (b) the chief executive of a department;\n- (c) a local government;\n- (d) a person prescribed by regulation.","sortOrder":93},{"sectionNumber":"sec.62","sectionType":"section","heading":"Confidentiality","content":"### sec.62 Confidentiality\n\nThis section applies if a person gains confidential information through involvement in the administration of this Act.\nThe person must not make a record of the information or disclose the information to another person, other than under subsection (4) .\nMaximum penalty—35 penalty units.\nWithout limiting subsection (1) , a person gains confidential information through involvement in the administration of this Act if the person gains the information because of being, or an opportunity given by being—\nthe chief executive; or\na public service employee employed in the department; or\na person engaged by the chief executive for this Act.\nA person may make a record of confidential information or disclose it to another person—\nfor this Act; or\nto discharge a function under another law; or\nfor a proceeding in a court or QCAT; or\nif authorised by a court or QCAT in the interests of justice; or\nif required or permitted by law; or\nfor information other than criminal intelligence—if the person is authorised in writing by the person to whom the information relates.\nThe chief executive must destroy the following as soon as practicable after it is no longer needed for the purpose for which it was requested or given—\na report about the criminal history of a person given under section 15 (3) ;\na copy of a control order accompanying a report about the criminal history of a person given under section 15 (3) ;\na notice given under section 15B (2) ;\ninformation about a person obtained under section 61 .\nSubsection (5) applies despite the Public Records Act 2023 .\nIn this section—\nconfidential information —\nincludes information about a person’s affairs; but\ndoes not include statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.\ns 62 sub 2016 No. 62 s 440\namd 2023 No. 33 s 107 sch 4\n(sec.62-ssec.1) This section applies if a person gains confidential information through involvement in the administration of this Act.\n(sec.62-ssec.2) The person must not make a record of the information or disclose the information to another person, other than under subsection (4) . Maximum penalty—35 penalty units.\n(sec.62-ssec.3) Without limiting subsection (1) , a person gains confidential information through involvement in the administration of this Act if the person gains the information because of being, or an opportunity given by being— the chief executive; or a public service employee employed in the department; or a person engaged by the chief executive for this Act.\n(sec.62-ssec.4) A person may make a record of confidential information or disclose it to another person— for this Act; or to discharge a function under another law; or for a proceeding in a court or QCAT; or if authorised by a court or QCAT in the interests of justice; or if required or permitted by law; or for information other than criminal intelligence—if the person is authorised in writing by the person to whom the information relates.\n(sec.62-ssec.5) The chief executive must destroy the following as soon as practicable after it is no longer needed for the purpose for which it was requested or given— a report about the criminal history of a person given under section 15 (3) ; a copy of a control order accompanying a report about the criminal history of a person given under section 15 (3) ; a notice given under section 15B (2) ; information about a person obtained under section 61 .\n(sec.62-ssec.6) Subsection (5) applies despite the Public Records Act 2023 .\n(sec.62-ssec.7) In this section— confidential information — includes information about a person’s affairs; but does not include statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.\n- (a) the chief executive; or\n- (b) a public service employee employed in the department; or\n- (c) a person engaged by the chief executive for this Act.\n- (a) for this Act; or\n- (b) to discharge a function under another law; or\n- (c) for a proceeding in a court or QCAT; or\n- (d) if authorised by a court or QCAT in the interests of justice; or\n- (e) if required or permitted by law; or\n- (f) for information other than criminal intelligence—if the person is authorised in writing by the person to whom the information relates.\n- (a) a report about the criminal history of a person given under section 15 (3) ;\n- (b) a copy of a control order accompanying a report about the criminal history of a person given under section 15 (3) ;\n- (c) a notice given under section 15B (2) ;\n- (d) information about a person obtained under section 61 .\n- (a) includes information about a person’s affairs; but\n- (b) does not include statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.","sortOrder":94},{"sectionNumber":"sec.63","sectionType":"section","heading":"Protection from liability","content":"### sec.63 Protection from liability\n\nAn official does not incur civil liability for an act or omission done honestly and without negligence under this Act.\nA liability that would, apart from this section, attach to an official attaches instead to the State.\nIn this section—\nofficial means—\nthe chief executive; or\nthe commissioner; or\nan authorised officer; or\na person acting under the direction of an authorised officer; or\na public service employee.\ns 63 amd 2016 No. 62 s 441\n(sec.63-ssec.1) An official does not incur civil liability for an act or omission done honestly and without negligence under this Act.\n(sec.63-ssec.2) A liability that would, apart from this section, attach to an official attaches instead to the State.\n(sec.63-ssec.3) In this section— official means— the chief executive; or the commissioner; or an authorised officer; or a person acting under the direction of an authorised officer; or a public service employee.\n- (a) the chief executive; or\n- (b) the commissioner; or\n- (c) an authorised officer; or\n- (d) a person acting under the direction of an authorised officer; or\n- (e) a public service employee.","sortOrder":95},{"sectionNumber":"sec.64","sectionType":"section","heading":"Proceeding for offence","content":"### sec.64 Proceeding for offence\n\nA proceeding for an offence against this Act is to be taken in a summary way under the Justices Act 1886 .\nA proceeding may be started within—\n1 year after the offence is committed; or\n2 years after the offence comes to the complainant’s knowledge, but within 3 years after the offence is committed.\n(sec.64-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.64-ssec.2) A proceeding may be started within— 1 year after the offence is committed; or 2 years after the offence comes to the complainant’s knowledge, but within 3 years after the offence is committed.\n- (a) 1 year after the offence is committed; or\n- (b) 2 years after the offence comes to the complainant’s knowledge, but within 3 years after the offence is committed.","sortOrder":96},{"sectionNumber":"sec.65","sectionType":"section","heading":"Evidentiary aids","content":"### sec.65 Evidentiary aids\n\nA certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matters—\nthat on a stated day, or during a stated period, a stated person was, or was not, the holder of a licence;\nthat on a stated day a licence held by a stated person had been cancelled or surrendered;\nthat on a stated day, or during a stated period, a licence held by a stated person was suspended;\nthat on a stated day, or during a stated period, a licence held by a stated person was subject to stated conditions;\nthat on a stated day, or during a stated period, stated premises were, or were not, licensed premises;\nthat on a stated day, or during a stated period, a stated person was, or was not, the holder of a permit;\nthat on a stated day a permit held by a stated person had been revoked or had expired;\nthat on a stated day, or during a stated period, a permit held by a stated person was subject to stated conditions.\nA certificate purporting to be signed by the commissioner and stating that on a stated day, or during a stated period, stated premises were, or were not, subject to an interim closure order, is evidence of the matter.\n(sec.65-ssec.1) A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matters— that on a stated day, or during a stated period, a stated person was, or was not, the holder of a licence; that on a stated day a licence held by a stated person had been cancelled or surrendered; that on a stated day, or during a stated period, a licence held by a stated person was suspended; that on a stated day, or during a stated period, a licence held by a stated person was subject to stated conditions; that on a stated day, or during a stated period, stated premises were, or were not, licensed premises; that on a stated day, or during a stated period, a stated person was, or was not, the holder of a permit; that on a stated day a permit held by a stated person had been revoked or had expired; that on a stated day, or during a stated period, a permit held by a stated person was subject to stated conditions.\n(sec.65-ssec.2) A certificate purporting to be signed by the commissioner and stating that on a stated day, or during a stated period, stated premises were, or were not, subject to an interim closure order, is evidence of the matter.\n- (a) that on a stated day, or during a stated period, a stated person was, or was not, the holder of a licence;\n- (b) that on a stated day a licence held by a stated person had been cancelled or surrendered;\n- (c) that on a stated day, or during a stated period, a licence held by a stated person was suspended;\n- (d) that on a stated day, or during a stated period, a licence held by a stated person was subject to stated conditions;\n- (e) that on a stated day, or during a stated period, stated premises were, or were not, licensed premises;\n- (f) that on a stated day, or during a stated period, a stated person was, or was not, the holder of a permit;\n- (g) that on a stated day a permit held by a stated person had been revoked or had expired;\n- (h) that on a stated day, or during a stated period, a permit held by a stated person was subject to stated conditions.","sortOrder":97},{"sectionNumber":"sec.66","sectionType":"section","heading":"No compensation payable for exercise of regulatory functions","content":"### sec.66 No compensation payable for exercise of regulatory functions\n\nNo compensation is payable to any person or body for—\nthe closure of premises under this Act; or\na refusal to grant a licence under this Act; or\nthe suspension or cancellation of a licence under this Act; or\nthe exercise of any other function in connection with any such closure, refusal, suspension or cancellation.\nSubsection (1) extends to the purported exercise in good faith of any of the functions mentioned in that subsection.\nIn this section—\ncompensation includes damages and any other form of monetary compensation.\n(sec.66-ssec.1) No compensation is payable to any person or body for— the closure of premises under this Act; or a refusal to grant a licence under this Act; or the suspension or cancellation of a licence under this Act; or the exercise of any other function in connection with any such closure, refusal, suspension or cancellation.\n(sec.66-ssec.2) Subsection (1) extends to the purported exercise in good faith of any of the functions mentioned in that subsection.\n(sec.66-ssec.3) In this section— compensation includes damages and any other form of monetary compensation.\n- (a) the closure of premises under this Act; or\n- (b) a refusal to grant a licence under this Act; or\n- (c) the suspension or cancellation of a licence under this Act; or\n- (d) the exercise of any other function in connection with any such closure, refusal, suspension or cancellation.","sortOrder":98},{"sectionNumber":"sec.67","sectionType":"section","heading":"Delegation by chief executive","content":"### sec.67 Delegation by chief executive\n\nThe chief executive may delegate the chief executive’s functions under this Act to an appropriately qualified officer or employee of the department.\nIn this section—\nfunction includes power.\n(sec.67-ssec.1) The chief executive may delegate the chief executive’s functions under this Act to an appropriately qualified officer or employee of the department.\n(sec.67-ssec.2) In this section— function includes power.","sortOrder":99},{"sectionNumber":"sec.68","sectionType":"section","heading":"Delegation by commissioner","content":"### sec.68 Delegation by commissioner\n\nThe commissioner may delegate the commissioner’s functions under this Act to an appropriately qualified police officer.\nIn this section—\nfunction includes power.\n(sec.68-ssec.1) The commissioner may delegate the commissioner’s functions under this Act to an appropriately qualified police officer.\n(sec.68-ssec.2) In this section— function includes power.","sortOrder":100},{"sectionNumber":"sec.69","sectionType":"section","heading":"Approved forms","content":"### sec.69 Approved forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":101},{"sectionNumber":"sec.70","sectionType":"section","heading":"Regulation-making power","content":"### sec.70 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , a regulation may be made about the following—\nsetting fees payable under this Act, including the waiver, reduction, postponement or refund of fees payable or paid;\nthe making, keeping and inspection of records in connection with the carrying on of a body art tattooing business.\ns 70 amd 2016 No. 62 s 442\n(sec.70-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.70-ssec.2) Without limiting subsection (1) , a regulation may be made about the following— setting fees payable under this Act, including the waiver, reduction, postponement or refund of fees payable or paid; the making, keeping and inspection of records in connection with the carrying on of a body art tattooing business.\n- (a) setting fees payable under this Act, including the waiver, reduction, postponement or refund of fees payable or paid;\n- (b) the making, keeping and inspection of records in connection with the carrying on of a body art tattooing business.","sortOrder":102},{"sectionNumber":"sec.71","sectionType":"section","heading":"Act to be reviewed","content":"### sec.71 Act to be reviewed\n\ns 71 om 2016 No. 62 s 443","sortOrder":103},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":104},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Transitional provision for Tattoo Parlours Act 2013","content":"## Transitional provision for Tattoo Parlours Act 2013","sortOrder":105},{"sectionNumber":"sec.72","sectionType":"section","heading":"Making of closure orders pending the commencement of section 6","content":"### sec.72 Making of closure orders pending the commencement of section 6\n\nA closure order may not be made on the ground mentioned in section 46(1)(a) or 47(1)(a) until section 6(1) commences.","sortOrder":106},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016","content":"## Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016","sortOrder":107},{"sectionNumber":"sec.73","sectionType":"section","heading":"Applications not finally decided","content":"### sec.73 Applications not finally decided\n\nThis section applies if, immediately before the commencement, the chief executive had not finally decided an application for the grant of a licence or permit.\nThe application is taken to have been withdrawn.\ns 73 ins 2016 No. 62 s 445\n(sec.73-ssec.1) This section applies if, immediately before the commencement, the chief executive had not finally decided an application for the grant of a licence or permit.\n(sec.73-ssec.2) The application is taken to have been withdrawn.","sortOrder":108},{"sectionNumber":"sec.74","sectionType":"section","heading":"Show cause process not finally decided","content":"### sec.74 Show cause process not finally decided\n\nThis section applies if—\nthe chief executive had given a QCAT notice mentioned in section 33(1) or 34(5) (the show cause notice ) to a person; and\nimmediately before the commencement, the chief executive had not finally dealt with the matters relating to the show cause notice (the show cause process ).\nThe show cause process must continue under this Act as in force after the commencement.\ns 74 ins 2016 No. 62 s 445\n(sec.74-ssec.1) This section applies if— the chief executive had given a QCAT notice mentioned in section 33(1) or 34(5) (the show cause notice ) to a person; and immediately before the commencement, the chief executive had not finally dealt with the matters relating to the show cause notice (the show cause process ).\n(sec.74-ssec.2) The show cause process must continue under this Act as in force after the commencement.\n- (a) the chief executive had given a QCAT notice mentioned in section 33(1) or 34(5) (the show cause notice ) to a person; and\n- (b) immediately before the commencement, the chief executive had not finally dealt with the matters relating to the show cause notice (the show cause process ).","sortOrder":109},{"sectionNumber":"sec.75","sectionType":"section","heading":"Proceedings not finally decided","content":"### sec.75 Proceedings not finally decided\n\nThis section applies if immediately before the commencement the following proceedings had been started but not finally dealt with—\na proceeding before QCAT for a review of a decision mentioned in repealed section 57(1);\na proceeding about a decision mentioned in repealed section 57(1) in the Supreme Court.\nThe proceeding is discontinued.\nQCAT or the Supreme Court must return to the commissioner any criminal intelligence report or other criminal information mentioned in repealed section 20(3) relating to the proceeding in QCAT’s or the Supreme Court’s possession or control.\nFor subsection (1), a proceeding had not been finally dealt with if—\nQCAT or the Supreme Court had not made a decision; or\nQCAT or the Supreme Court had made a decision but the appeal period for the decision had not ended; or\nQCAT or the Supreme Court had made a decision and an appeal against the decision had been started but not ended.\nIn this section—\nrepealed , in relation to a provision of this Act, means the provision as in force immediately before the commencement.\ns 75 ins 2016 No. 62 s 445\n(sec.75-ssec.1) This section applies if immediately before the commencement the following proceedings had been started but not finally dealt with— a proceeding before QCAT for a review of a decision mentioned in repealed section 57(1); a proceeding about a decision mentioned in repealed section 57(1) in the Supreme Court.\n(sec.75-ssec.2) The proceeding is discontinued.\n(sec.75-ssec.3) QCAT or the Supreme Court must return to the commissioner any criminal intelligence report or other criminal information mentioned in repealed section 20(3) relating to the proceeding in QCAT’s or the Supreme Court’s possession or control.\n(sec.75-ssec.4) For subsection (1), a proceeding had not been finally dealt with if— QCAT or the Supreme Court had not made a decision; or QCAT or the Supreme Court had made a decision but the appeal period for the decision had not ended; or QCAT or the Supreme Court had made a decision and an appeal against the decision had been started but not ended.\n(sec.75-ssec.5) In this section— repealed , in relation to a provision of this Act, means the provision as in force immediately before the commencement.\n- (a) a proceeding before QCAT for a review of a decision mentioned in repealed section 57(1);\n- (b) a proceeding about a decision mentioned in repealed section 57(1) in the Supreme Court.\n- (a) QCAT or the Supreme Court had not made a decision; or\n- (b) QCAT or the Supreme Court had made a decision but the appeal period for the decision had not ended; or\n- (c) QCAT or the Supreme Court had made a decision and an appeal against the decision had been started but not ended.","sortOrder":110},{"sectionNumber":"sec.76","sectionType":"section","heading":"Additional prescribed offences","content":"### sec.76 Additional prescribed offences\n\nUntil the expiry of the Criminal Code, sections 60A and 60B , the definition prescribed offence for this Act is taken to include a reference to those sections.\ns 76 ins 2016 No. 62 s 445","sortOrder":111},{"sectionNumber":"sec.77","sectionType":"section","heading":null,"content":"### Section sec.77\n\ns 77 ins 2016 No. 62 s 445\nexp 9 March 2019 (see s 77(5))","sortOrder":112}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":704},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2013 form. The 2016 amendments (Serious and Organised Crime Legislation Amendment Act 2016) substantially broadened the scope by: removing criminal intelligence provisions that were subject to legal challenge; adding automatic licence cancellation for prescribed offences; introducing detailed fingerprinting procedures; creating specific permit categories with annual limits; adding extensive record-keeping obligations; and strengthening enforcement powers. The original Act was primarily about licensing, but the amended version operates as a comprehensive regulatory and law enforcement tool."},"complexity_factors":["Extensive cross-referencing between sections (e.g., sections 12-14 for 'fit and proper person' criteria)","Multiple nested exceptions and defences (e.g., section 6 has 4 exemption categories plus a separate defence provision)","Dual licensing system with overlapping but distinct requirements for operators and tattooists","Heavy reliance on regulations for operational details (fees, prescribed offences, record-keeping specifics)","Fingerprinting and palm printing procedures with destruction protocols (sections 35E-35F)","Complex transitional provisions from 2016 amendments that discontinued existing applications","Multiple information-sharing arrangements with other agencies (section 61)","Detailed evidentiary provisions including certificate-based proof systems (section 65)","Conditional logic for permit limitations (2 per year rules with anti-avoidance provisions)","Extensive definitions and defined terms in Schedule 1 (referenced but not shown in extract)"],"plain_english_summary":"This Act creates a licensing scheme for the tattoo industry in Queensland, designed to reduce criminal activity in the sector.\n\n**Who needs a licence:**\n- **Operator licence**: Required for anyone running a tattoo business (shop owner, mobile operator, or person managing premises for a company, partnership or trust). Each premises needs its own separate licence.\n- **Tattooist licence**: Required for anyone performing tattooing for payment, or anyone tattooing at licensed premises regardless of payment.\n\n**Key requirements:**\n- Applicants must be Australian citizens or residents, aged 18+, and pass a \"fit and proper person\" test\n- Mandatory fingerprinting and palm printing for identity verification\n- Criminal history checks are conducted, with automatic licence cancellation for certain convictions\n- Detailed record-keeping required, including logs of all tattooing procedures\n- Financial records must be available for inspection\n\n**Special permits:**\n- **Exhibition permits**: For temporary tattoo shows/events (max 7 days, limited to 2 per year per person/entity)\n- **Visiting tattooist permits**: For overseas tattooists working temporarily in Queensland (max 31 days, limited to 2 per year)\n\n**Enforcement powers:**\n- Police can issue 72-hour interim closure orders for unlicensed operations or suspected serious criminal activity\n- Magistrates can issue longer-term closure orders\n- Authorised officers can enter premises, inspect records, and seize evidence\n\n**Penalties:**\n- Operating without a licence: up to 1,000 penalty units or 18 months imprisonment for repeat offences\n- Employing unlicensed tattooists: similar penalties\n- False statements to officials: up to 200 penalty units or 2 years imprisonment\n\n**Review rights:**\n- Most licensing decisions can be reviewed by QCAT (Queensland Civil and Administrative Tribunal)"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This version broadens the Act from a simple health/safety licensing regime to a law‑enforcement‑oriented regulatory regime. Key scope expansions (largely via 2016 amendments) include: mandatory fingerprinting/palm‑printing of applicants with police involvement (s35E–35F); routine criminal‑history reporting and criminal‑intelligence notices from the commissioner (s15, s15B); explicit information‑sharing arrangements with police and other agencies (s61); powers to inspect financial records at licensed premises (s24); enhanced closure powers (immediate interim closures by the commissioner and long‑term closure orders by a magistrate) (s46–47); automatic licence cancellation on conviction for prescribed offences (s34A); and stronger administrative vetting and sanctioning powers vested in the chief executive (s10, s12–14, s33–35). These measures extend the Act’s practical reach toward detecting and disrupting organised or serious criminal activity in the industry beyond traditional public‑health or consumer‑protection licensing functions (compare s3 purpose and the operational tools in the cited sections)."},"complexity_factors":["Two licence classes plus multiple permit types (operator, tattooist, exhibition permit, visiting tattooist permit) with different application rules (s9, s40–45).","Extensive application requirements and identity verification systems, including optional points-based identity evidence and mandatory fingerprints/palm prints unless already held (s11, s11A, s11B, s35E).","Detailed \"fit and proper person\" criteria with multiple sub-factors and disqualifications (s12–14), including restrictions on use of criminal intelligence (s12(4), s16A).","Multiple conditional defences and exceptions (e.g. short temporary operation after death/incapacity of licensee, permits, regulations) creating nested exceptions (s6(4)–(5), s7(3)).","Administrative powers concentrated in the chief executive: broad discretion to impose/vary licence conditions, suspend/cancel, and require information (s10, s16, s33–35).","Enforcement toolkit combining administrative closure (interim by commissioner with 72-hour limit and long-term by magistrate), warranted entry, seizure and inspection powers, and specific procedural rules (s46–53).","Record-keeping and disclosure obligations across different parts (tattooing log, financial records, staff change notifications) with varying retention periods and inspection rules (s24, s27, s36–38, s53).","Information-sharing and confidentiality rules that link to other agencies and statutes (s61, s62) and transitional cross-references to other Acts (e.g. Public Health Act, Criminal Law (Rehabilitation)).","Penalty structure with multiple tiers for repeat offences, automatic cancellation on certain convictions, and criminal vs administrative consequences (s6–8, s34A, s66).","Numerous cross-references, transitional provisions and delegated/regulatory rulemaking powers (s70, pt.8), increasing interpretive complexity."],"plain_english_summary":"**What this law does (mechanics)\n\n- Creates a licensing regime for the tattoo industry with two licence types: an operator licence (for premises / business) and a tattooist licence (for people who do tattooing) (s9).\n- Makes it an offence to run a tattoo business or tattoo someone at licensed premises without the correct licence or permit, with escalating penalties for repeat offending (s6–8).\n- Requires licence applications to be made by individuals, sets identity and eligibility requirements (age, citizenship/residency), and requires applicants to provide a range of personal and business details (s11, s11A, s11B).\n- Requires checks on applicants’ criminal history and gives the chief executive power to obtain criminal history reports; in many cases applicants must consent to fingerprints and palm prints being taken and supplied to the commissioner (police) (s15, s15A, s35E).\n- Gives the chief executive broad powers to refuse, grant, condition, suspend or cancel licences based on ‘‘fit and proper person’’ tests that explicitly include criminal history, public safety risk and similar matters; some convictions trigger automatic cancellation (s12–14, s33–35, s34A).\n- Imposes licence conditions and record‑keeping obligations on operators, including a tattooing procedures log to be kept for 3 years, obligation to display licence and include licence numbers in advertisements, notify staff changes, and allow inspection of financial records (s10, s24, s25–29, s36–38).\n- Provides short-term (interim) and long-term closure powers for premises where unlicensed or criminal activity is suspected (interim closure by commissioner up to 72 hours; long‑term closure by magistrate) (s46–47). While a closure order is in force, no tattooing may be done at the premises (s48).\n- Gives authorised officers powers to enter (with consent, when premises are open, or under warrant), inspect, copy records, seize evidence and otherwise enforce the Act (s49–53). Warrants are available from a magistrate where reasonable grounds exist (s51).\n- Enables limited information sharing between the chief executive and relevant agencies (including the police) for administration and compliance, but restricts some uses of criminal intelligence (s61, s16A).\n- Provides administrative review rights to QCAT for certain chief executive decisions (s56), confidentiality protections for information obtained in the administration of the Act (s62), and immunity for officials acting honestly and without negligence (s63).\n\n**Who is affected\n\n- Tattoo business owners and premises managers (operator licence holders) — they must obtain and keep licences, maintain logs and financial records, display licences, notify staff changes, and provide access for inspections (s6, s24, s27, s28, s36–38).\n- Individual tattooists — must hold tattooist licences to work on licensed premises or to perform tattooing for reward (s7). Employees must be licensed (s8).\n- Visiting overseas tattooists and event organisers — the Act provides short permits for visiting tattooists and separate temporary exhibition permits for shows (s40–45).\n- Prospective entrants to the industry — subject to identity checks, fingerprinting and fit‑and‑proper assessments (s11, s12, s35E).\n- Enforcement agencies and the chief executive — given investigatory and closure powers, and the ability to share information with other agencies (s46–53, s61).\n\n**Why it matters (stated purpose vs practical effect)\n\n- The Act states its main purpose is to regulate the body art tattooing industry to minimise the risk of criminal activity (s3). To achieve that the law: (a) raises entry standards (identity, criminal-history screening and fingerprinting), (b) increases transparency of business operations (records, financial inspection, display requirements), and (c) gives enforcement powers to close premises quickly and to seize evidence (s11, s15, s35E, s24, s46–53).\n\n- Trade-offs, costs and incentives to note (mechanical effects and who pays/decides):\n  - Who decides: the chief executive holds most licensing discretion (grant, condition, suspension, cancellation) and the commissioner (police) supplies criminal-history information and can order interim closures; magistrates decide long-term closures (s12, s15, s33, s46–47).\n  - Who pays: applicants and licensees bear compliance costs — application/renewal fees (set by regulation), possible costs of criminal-history reports (s15A), time and expense for identity checks and fingerprinting (s11, s35E), record-keeping and responding to inspection requests (s24, s36–38).\n  - Behaviour changes incentivised: operators must keep detailed logs, be ready for financial inspections, and exclude unlicensed tattooists; applicants with relevant convictions or control orders will be excluded or subject to automatic cancellation (s36–38, s26, s12, s34A).\n  - Competitive effects: increased regulatory overhead raises barriers to entry and ongoing compliance cost, which tends to advantage established businesses that can absorb administrative burdens; temporary visiting artists face caps and short permit windows which limit supply of short-term specialists (s41–45).\n  - Enforcement benefits concentrated: law‑enforcement-focused powers (fingerprinting, criminal-history checks, info sharing, closure orders) target criminal behaviour but impose diffuse compliance costs across all lawful operators (s15, s35E, s46, s61).\n  - Administrative discretion and implementation risk: the chief executive may impose, vary or revoke licence conditions for reasons the chief executive considers appropriate (subject to some statutory limits) and has wide investigatory powers — this centralised discretion increases the risk of inconsistent application and raises the need for robust operational guidance and resourcing (s10, s16, s61).\n  - Remedies and checks: decisions about refusal/conditions/suspension/cancellation are reviewable by QCAT (s56), and some statutory limits exist on the use of criminal intelligence in decisions (s12(4), s16A(1), s34(3), s35C(5)).\n\n**Concrete mechanisms that produce costs or benefits (examples with sections)\n- Quick temporary closure: commissioner can order immediate interim closure for up to 72 hours (s46). That enables fast disruption of suspected illegal activity but also risks short-term business interruption without immediate court process.\n- Long-term closure: magistrate can order premises closed for a stated period where serious offences have occurred or licensing is absent (s47). No compensation is payable for closures or refusals to grant licences (s66).\n- Fingerprint requirement: applicants must consent to fingerprinting; refusal prevents the application being decided (s35E). Previously-held prints can be destroyed on application after licence ends, subject to police discretion (s35F).\n- Financial inspections: operator licence condition requires making financial records available for inspection and copying by authorised officers (s24). This can reveal bookkeeping and transaction details to enforcement officers.\n- Limits on visiting artists: visiting tattooist permits are time‑limited (max 31 days) and the regime caps the number of permits to a person to avoid permit‑circumvention of licensing (s44–45).\n\n**Net effect (mechanical summary)\n- The Act builds a licensing and enforcement architecture focused on preventing and responding to criminal involvement in tattooing: stricter entry checks, ongoing record-keeping, investigatory and closure powers, and information sharing with law enforcement. These measures increase compliance costs and regulatory discretion while offering administrative tools for enforcement. Remedies include QCAT review and limited statutory constraints on the use of criminal intelligence."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's original 2013 focus on basic licensing to minimise criminal activity was substantially expanded by 2016 amendments (No. 62), which added detailed organised crime countermeasures including control order provisions, criminal intelligence rules, mandatory biometric data collection (fingerprints/palm prints), more granular application requirements for different business structures (corporations, partnerships, trusts), automatic licence cancellation on conviction of prescribed offences, formal renewal procedures, and enhanced information-sharing between the chief executive and the police commissioner. The scope grew from a straightforward licensing regime into a comprehensive organised crime prevention framework targeting the tattoo industry."},"complexity_factors":["Dual licence system (operator licence + tattooist licence) with different requirements and conditions for each","Tiered penalty structure escalating from fines to imprisonment based on repeat offences","Multiple cross-references to other Queensland legislation (e.g., Criminal Law (Rehabilitation of Offenders) Act 1986, Public Health (Infection Control for Personal Appearance Services) Act 2003, Penalties and Sentences Act 1992, Corporations Act, Transport Operations Act)","Complex eligibility criteria involving subjective 'fit and proper person' test with many enumerated factors","Mandatory fingerprinting and palm printing requirements with police (commissioner) involvement","Involvement of criminal intelligence and control orders (organised crime provisions) with specific rules about when they can and cannot be used in decision-making","Different application requirements for businesses owned by corporations, partnerships and trusts, each with specific sub-requirements","Significant 2016 amendments renumbering and restructuring many sections, creating potential confusion in tracking legislative history","Multiple procedural pathways for suspension, cancellation, refusal to renew, and automatic cancellation on conviction","Interaction with rehabilitation of offenders legislation explicitly excluded for licence applications"],"plain_english_summary":"The Tattoo Industry Act 2013 makes licences mandatory for tattoo shops, individual tattooists and nominated managers of corporate owners, aiming to keep criminals out of the trade. \n\nIt imposes strict \"fit and proper\" checks (including criminal-history and fingerprinting), ongoing reporting and display duties, heavy fines and possible jail for unlicensed or disqualified operators."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/tattoo-industry-act-2013","history":"/api/acts/tattoo-industry-act-2013/history","analysis":"/api/acts/tattoo-industry-act-2013/analysis","conflicts":"/api/acts/tattoo-industry-act-2013/conflicts","importantCases":"/api/acts/tattoo-industry-act-2013/important-cases","documents":"/api/acts/tattoo-industry-act-2013/documents"}}