{"id":"nsw:sl-2023-0496","name":"Tattoo Industry Regulation 2023","slug":"tattoo-industry-regulation-2023","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"496 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175982,"registerId":"nsw-nsw:sl-2023-0496-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Tattoo Industry Regulation 2023](/view/html/inforce/current/sl-2023-0496).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on 1 September 2023.\n> \n> Note—\n> \n> This regulation replaces the Tattoo Industry Regulation 2013, which is repealed on 1 September 2023 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this regulation—\n> \n> tattooing procedures log, in relation to licensed premises, means a tattooing procedures log required to be kept for the premises under section 31.\n> \n> the Act means the [Tattoo Industry Act 2012](/view/html/inforce/current/act-2012-032).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.\n> \n> **s 3:** Am 2024 (641), Sch 1\\[1\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Permits","content":"# Part 2 Permits\n\nPart 2 Permits","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"Applications for permits","content":"## Division 1 Applications for permits\n\nDivision 1 Applications for permits","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Disqualifying offences—permits","content":"#### 4 Disqualifying offences—permits\n\n4 Disqualifying offences—permits\n\n> For the Act, section 3(1), definition of disqualifying offence, paragraph (a), the following offences are prescribed for all permits—\n> \n> > (a) an offence specified in Schedule 4,\n> \n> > (b) an offence under the law of another Australian jurisdiction, or the law of an overseas jurisdiction, that is substantially the same as, or the equivalent of, an offence specified in Schedule 4.","sortOrder":6},{"sectionNumber":"Division 2","sectionType":"division","heading":"Tattooing shows","content":"## Division 2 Tattooing shows\n\nDivision 2 Tattooing shows","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n5 Definitions\n\n> In this part—\n> \n> authorised participant of a tattooing show—see section 6.\n> \n> personal details of a person means—\n> \n> > (a) the full name of the person, and\n> \n> > (b) the date and place of birth of the person, and\n> \n> > (c) the residential address of the person, and\n> \n> > (d) if the person’s postal address is different from the residential address—the person’s postal address.\n> \n> tattooing show means a body art trade show or exhibition to display designs for body art tattooing or demonstrate body art tattooing techniques or services.\n> \n> tattooing show permit—see section 9(1).\n> \n> unsuitable individual means an individual who—\n> \n> > (a) is under 18 years of age, or\n> \n> > (b) is a controlled member of a declared organisation, or\n> > \n> > Note—\n> > \n> > Controlled members are prohibited from applying for permits—see the [Crimes (Criminal Organisations Control) Act 2012](/view/html/inforce/current/act-2012-009), section 27.\n> \n> > (c) is a member of a prescribed criminal organisation, or\n> \n> > (d) was a member of a prescribed criminal organisation in the period of 12 months before making the application.\n> \n> **s 5:** Am 2024 (641), Sch 1\\[2\\].","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Authorised participants of tattooing shows","content":"#### 6 Authorised participants of tattooing shows\n\n6 Authorised participants of tattooing shows\n\n> > (1) An individual is an authorised participant of a tattooing show if—\n> > \n> > > (a) the personal details of the individual have been given to the Commissioner by the permit holder for the show at least 14 days before the commencement of the show, and\n> > \n> > > (b) the individual is not an unsuitable individual, and\n> > \n> > > (c) the individual has not, in the previous 12 months, been an authorised participant of more than 1 other tattooing show.\n> \n> > (2) An individual stops being an authorised participant of a tattooing show if—\n> > \n> > > (a) the Commissioner gives written notice to the permit holder for the show stating that the individual is not to be an authorised participant of the show, or\n> > \n> > > (b) the individual becomes an unsuitable individual, or\n> > \n> > > (c) the permit holder gives written notice to the Commissioner that the individual is no longer to be an authorised participant of the show.\n> \n> > (3) The Commissioner may give written notice under subsection (2)(a) at any time.","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Tattooing shows exempt from licensing requirements","content":"#### 7 Tattooing shows exempt from licensing requirements\n\n7 Tattooing shows exempt from licensing requirements\n\n> For the Act, section 6(4)(c), the carrying on of the person’s body art tattooing business at premises on which a tattooing show is being conducted by the person is a prescribed circumstance.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Body art tattooists at tattooing shows exempt from licensing requirements","content":"#### 8 Body art tattooists at tattooing shows exempt from licensing requirements\n\n8 Body art tattooists at tattooing shows exempt from licensing requirements\n\n> > (1) For the Act, section 7(2)(b), the following circumstances are prescribed—\n> > \n> > > (a) the individual carries out the body art tattooing procedure at a tattooing show, and\n> > > \n> > > > (i) the individual holds a master licence for premises at which the individual performs body art tattooing procedures as a self-employed individual, or\n> > > \n> > > > (ii) the individual is an authorised participant of the show,\n> > \n> > > (b) the individual is an authorised participant of a tattooing show, and\n> > > \n> > > > (i) the individual is not an Australian citizen or permanent Australian resident, and\n> > > \n> > > > (ii) the performance of a body art tattooing procedure for fee or reward is not in breach of a condition of a visa issued to the applicant to enter Australia, and\n> > > \n> > > > (iii) the individual carries out the body art tattooing procedure at premises for which a master licence is in force, and\n> > > \n> > > > (iv) the individual has not, in the previous 12 months, performed body art tattooing procedures at premises for which a master licence is in force on more than 31 days in total, and\n> > > \n> > > > (v) the individual, when performing body art tattooing procedures at the premises, carries written evidence that the individual is an authorised participant in a show.\n> \n> > (2) The individual must promptly produce the evidence referred to in subsection (1)(b)(v) to an authorised officer if asked to do so by the officer.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Authority conferred by tattooing show permits","content":"#### 9 Authority conferred by tattooing show permits\n\n9 Authority conferred by tattooing show permits\n\n> > (1) For the Act, section 41(2)(c), the Commissioner may grant a permit (a tattooing show permit) authorising the permit holder to conduct a tattooing show—\n> > \n> > > (a) on the permit holder’s own behalf or on behalf of a corporation, partnership or trust, and\n> > \n> > > (b) at the premises specified in the permit, and\n> > \n> > > (c) in accordance with the conditions of the permit, and\n> > \n> > > (d) for the period specified in the permit.\n> \n> > (2) A tattooing show permit does not confer property rights and cannot be transferred, assigned or mortgaged, charged or otherwise encumbered.\n> > \n> > Note—\n> > \n> > A non-transferable licence is not personal property for the purposes of the [Personal Property Securities Act 2009](http://www.legislation.gov.au/) of the Commonwealth. See the definitions of licence and personal property in that Act, section 10.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Applications for tattooing show permits","content":"#### 10 Applications for tattooing show permits\n\n10 Applications for tattooing show permits\n\n> > (1) An individual may apply to the Commissioner for a tattooing show permit.\n> \n> > (2) However, an application must not be made by—\n> > \n> > > (a) an unsuitable individual, or\n> > > \n> > > Note—\n> > > \n> > > Controlled members are prohibited from applying for permits—see the [Crimes (Criminal Organisations Control) Act 2012](/view/html/inforce/current/act-2012-009), section 27.\n> > \n> > > (b) an individual who is not an Australian citizen or permanent Australian resident.\n> > \n> > Note—\n> > \n> > See the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), Part 5A for offences for the making, giving or production of false and misleading applications, information and documentation.\n> \n> > (3) If a proposed tattooing show will be conducted on behalf of a corporation, partnership or trust, the application must be made by the individual nominated by the corporation, partnership or trust to be the events manager for the show.\n> \n> > (4) The application must—\n> > \n> > > (a) be in the approved form, and\n> > \n> > > (b) include the following information—\n> > > \n> > > > (i) the personal details of the applicant,\n> > > \n> > > > (ii) the proposed starting date for the show and the period for which the show is proposed to be conducted,\n> > > \n> > > > (iii) the address of the premises at which the show is proposed to be held,\n> > > \n> > > > (iv) if the applicant will be conducting the show on behalf of a corporation, partnership or trust—evidence, in the approved form, of the individual’s nomination as the events manager for the show, and\n> > \n> > > (c) be accompanied by the application fee for a tattooing show permit specified in Schedule 1, and\n> > \n> > > (d) be made at least 28 days before the proposed starting date for the show.\n> \n> **s 10:** Am 2024 (641), Sch 1\\[3\\].","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Decision on tattooing show permit applications","content":"#### 11 Decision on tattooing show permit applications\n\n11 Decision on tattooing show permit applications\n\n> > (1) The Commissioner may decide an application for a tattooing show permit by—\n> > \n> > > (a) granting the permit, or\n> > \n> > > (b) refusing to grant the permit.\n> \n> > (2) The Commissioner may, if the Commissioner considers it appropriate in the circumstances, treat the application as having been withdrawn.\n> \n> > (3) The Commissioner must consider the following matters when deciding the application—\n> > \n> > > (a) if the applicant has previously applied for a licence under the Act—the decision made in relation to the previous application,\n> > \n> > > (b) if the applicant has previously held a licence under the Act—the applicant’s licence history, including the applicant’s compliance and complaints history,\n> > \n> > > (c) the body art tattooists who are likely to participate in the proposed show,\n> > \n> > > (d) the applicant’s capacity to ensure participants comply with any applicable legislative requirements relating to performing body art tattooing procedures.\n> \n> > (4) The Commissioner must refuse to grant the permit if—\n> > \n> > > (a) the Commissioner is satisfied the application was not properly made, or\n> > \n> > > (b) the applicant is an unsuitable individual, or\n> > \n> > > (c) the tattooing show is proposed to be held at a hotel or club premises within the meaning of the [Liquor Act 2007](/view/html/inforce/current/act-2007-090), unless the show is held in a function room within the premises.\n> \n> > (5) The Commissioner may grant the permit unconditionally or subject to conditions.\n> \n> > (6) The permit must state the period, of not more than 7 days, during which the permit is in force.\n> \n> > (7) The Commissioner may, at any time, by written notice to the permit holder—\n> > \n> > > (a) revoke the permit, or\n> > \n> > > (b) vary the conditions of the permit.\n> \n> > (8) The Commissioner may not grant more than 2 permits in the same calendar year to—\n> > \n> > > (a) the same individual, or\n> > \n> > > (b) an individual applying on behalf of the same corporation, partnership or trust.\n> \n> **s 11:** Am 2024 (641), Sch 1\\[4\\].","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Requirements on tattooing show permit holders","content":"#### 12 Requirements on tattooing show permit holders\n\n12 Requirements on tattooing show permit holders\n\n> The holder of a tattooing show permit must ensure—\n> \n> > (a) a written list of the personal details of each authorised participant of the show is—\n> > \n> > > (i) kept at the show when the show is open to the public, and\n> > \n> > > (ii) promptly made available to an authorised officer who requests to see the list at any time the show is open to the public, and\n> \n> > (b) no body art tattooing procedure is performed at the show unless the procedure is authorised under—\n> > \n> > > (i) a licence, or\n> > \n> > > (ii) a tattooing show permit.\n> \n> Maximum penalty—20 penalty units.","sortOrder":15},{"sectionNumber":"Division 3","sectionType":"division","heading":"Visiting tattooist permits","content":"## Division 3 Visiting tattooist permits\n\nDivision 3 Visiting tattooist permits","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Maximum period of permits","content":"#### 13 Maximum period of permits\n\n13 Maximum period of permits\n\n> For the Act, section 26A(3), the maximum period a visiting tattooist permit may be granted for is 3 months.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Information to accompany applications for visiting tattooist permits","content":"#### 14 Information to accompany applications for visiting tattooist permits\n\n14 Information to accompany applications for visiting tattooist permits\n\n> For the Act, section 26B(2)(b), the following information is prescribed—\n> \n> > (a) the full name of the applicant,\n> \n> > (b) the date and place of birth of the applicant,\n> \n> > (c) the address at which the applicant intends to reside while in Australia,\n> \n> > (d) if the applicant’s postal address is different from the intended residential address—the applicant’s postal address.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Documents to accompany applications for visiting tattooist permits","content":"#### 15 Documents to accompany applications for visiting tattooist permits\n\n15 Documents to accompany applications for visiting tattooist permits\n\n> > (1) For the Act, section 26B(2)(c) and (3), the following documents are prescribed—\n> > \n> > > (a) a copy of the applicant’s passport,\n> > \n> > > (b) another kind of identification, issued by the Government, the Commonwealth Government, the government of another State or Territory, or an overseas government,\n> > \n> > > (c) if the applicant has a copy of a visa issued to the applicant to enter Australia—a copy of the visa.\n> \n> > (2) For the Act, section 26B(4), if a copy of a visa issued to the applicant was not included in the application, the applicant must give the Commissioner evidence that the applicant has applied for a visa on request of the Commissioner.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Time required to make application for visiting tattooist permits","content":"#### 16 Time required to make application for visiting tattooist permits\n\n16 Time required to make application for visiting tattooist permits\n\n> For the Act, section 26B(2)(d), an application for a visiting tattooist permit must be made at least 28 days before the proposed commencement date for the permit.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Grounds for refusing to grant visiting tattooist permits","content":"#### 17 Grounds for refusing to grant visiting tattooist permits\n\n17 Grounds for refusing to grant visiting tattooist permits\n\n> For the Act, section 26C, the Commissioner may refuse an application for a visiting tattooist permit if—\n> \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, or\n> \n> > (b) the Commissioner is satisfied the application was not properly made, or\n> \n> > (c) the Commissioner is satisfied the applicant is not a fit and proper person to be granted a permit, or\n> \n> > (d) the Commissioner is satisfied that a close associate of the applicant is not a fit and proper person, or\n> \n> > (e) the Commissioner is satisfied that it would be contrary to the public interest for the applicant to be granted a permit, or\n> \n> > (f) the Commissioner is satisfied that the applicant has, within the period of 10 years before the application for the permit was made, been convicted in New South Wales or elsewhere of a disqualifying offence for the type of permit applied for, whether or not the offence is an offence under New South Wales law, or\n> \n> > (g) the Commissioner is satisfied the applicant—\n> > \n> > > (i) is a member of a prescribed criminal organisation, or\n> > \n> > > (ii) was a member of a prescribed criminal organisation in the period of 12 months before making the application.","sortOrder":21},{"sectionNumber":"Part 3","sectionType":"part","heading":"Licensing","content":"# Part 3 Licensing\n\nPart 3 Licensing","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Definition","content":"#### 18 Definition\n\n18 Definition\n\n> In this part—\n> \n> Minister means the Minister administering the [Police Act 1990](/view/html/inforce/current/act-1990-047).","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Disqualifying offences—licences","content":"#### 19 Disqualifying offences—licences\n\n19 Disqualifying offences—licences\n\n> For the Act, section 3(1), definition of disqualifying offence, paragraph (a), the following offences are prescribed for all licences—\n> \n> > (a) an offence specified in Schedule 4,\n> \n> > (b) an offence under the law of another Australian jurisdiction, or the law of an overseas jurisdiction, that is substantially the same as or the equivalent of an offence specified in Schedule 4.","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Additional information and requirements for applications for licences","content":"#### 20 Additional information and requirements for applications for licences\n\n20 Additional information and requirements for applications for licences\n\n> For the Act, section 11(5)(e) and (f), the following information and requirements are prescribed for applications for licences—\n> \n> > (a) the date and place of birth of the applicant,\n> \n> > (b) other names by which the applicant has previously been known,\n> \n> > (c) for an application for a master licence—the business name of the body art tattooing business carried on or proposed to be carried on at the proposed licensed premises,\n> \n> > (d) evidence satisfying the Commissioner of the applicant’s identity.","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Additional grounds for refusing to grant master licence applications","content":"#### 21 Additional grounds for refusing to grant master licence applications\n\n21 Additional grounds for refusing to grant master licence applications\n\n> For the Act, section 16(5), the Commissioner may refuse to grant a master licence if satisfied of any of the following grounds—\n> \n> > (a) for an application made in connection with a body art tattooing business owned or operated by or for a corporation—the corporation is a corporation—\n> > \n> > > (i) the subject of a winding up order, or\n> > \n> > > (ii) for which a controller or administrator has been appointed,\n> \n> > (b) the applicant is, or was at any time in the last 3 years, concerned in the management of, or a director of, an externally-administered body corporate within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth except for the voluntary winding up of the body corporate,\n> \n> > (c) the applicant has been convicted of an offence under the Act, section 6(1) or (3) or 8(1).","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Additional grounds for refusing to grant tattooist licence applications","content":"#### 22 Additional grounds for refusing to grant tattooist licence applications\n\n22 Additional grounds for refusing to grant tattooist licence applications\n\n> For the Act, section 16(5), the Commissioner may refuse to grant a tattooist licence if satisfied the applicant has been convicted of an offence under the Act, section 7(1) or (1A).","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":"Prescribed criminal organisations","content":"#### 23 Prescribed criminal organisations\n\n23 Prescribed criminal organisations\n\n> For the Act, section 4A, definition of prescribed criminal organisation, the bodies and groups listed in Schedule 3 are prescribed.","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Licensee not to sell or dispose of licence","content":"#### 24 Licensee not to sell or dispose of licence\n\n24 Licensee not to sell or dispose of licence\n\n> For the Act, section 41(2)(a), it is a condition of a licence that the licensee must not—\n> \n> > (a) sell, dispose of, deliver, let out, hire or rent the licence to another person, or\n> \n> > (b) permit another person to use the licence.","sortOrder":32},{"sectionNumber":"Division 4","sectionType":"division","heading":"Special conditions relating to master licences","content":"## Division 4 Special conditions relating to master licences\n\nDivision 4 Special conditions relating to master licences","sortOrder":33},{"sectionNumber":"25","sectionType":"section","heading":"Surrender of master licence for premises under long-term closure order","content":"#### 25 Surrender of master licence for premises under long-term closure order\n\n25 Surrender of master licence for premises under long-term closure order\n\n> For the Act, section 41(2)(a), it is a condition of a master licence that if a closure order has been made under the Act, section 29 for the licensed premises, the licensee must return the licence to the Commissioner within 10 days after the order is made.","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"Notifying Commissioner of lost, stolen or destroyed master licence","content":"#### 26 Notifying Commissioner of lost, stolen or destroyed master licence\n\n26 Notifying Commissioner of lost, stolen or destroyed master licence\n\n> For the Act, section 41(2)(a), it is a condition of a master licence that the licensee must give the Commissioner written notice that the licence has been lost, stolen or destroyed within 10 days after the licensee becomes aware the licence has been lost, stolen or destroyed.","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Particulars to be given—change of licence particulars special condition","content":"#### 27 Particulars to be given—change of licence particulars special condition\n\n27 Particulars to be given—change of licence particulars special condition\n\n> The following changes in particulars must be included in a notice given for the purposes of the condition imposed on a master licence by the Act, section 22(1)—\n> \n> > (a) if the last time the particulars were given was in connection with the application for the licence—a change in the particulars required to be given in connection with the licence application by or under the Act, sections 11 and 12 since the application was made,\n> \n> > (b) if the last time the particulars were given was in a notice given for the Act, section 22(1)—a change in the particulars since the notice was given.","sortOrder":36},{"sectionNumber":"28","sectionType":"section","heading":"Particulars to be given—change in staff special condition","content":"#### 28 Particulars to be given—change in staff special condition\n\n28 Particulars to be given—change in staff special condition\n\n> The following particulars, in connection with a change in staff employment, must be included in a notice given for the condition imposed on a master licence by the Act, section 23(1) for a change in staff employment—\n> \n> > (a) for a new staff member employed to work at the licensed premises—\n> > \n> > > (i) the full name of the new staff member, and\n> > \n> > > (ii) the residential address of the new staff member, and\n> > \n> > > (iii) the date of birth of the new staff member, and\n> > \n> > > (iv) the date on which the new staff member commenced work at the premises, and\n> > \n> > > (v) the position in which the new staff member is employed to work,\n> \n> > (b) for a staff member who has stopped being employed to work at the licensed premises—\n> > \n> > > (i) the full name of the former staff member, and\n> > \n> > > (ii) the date of birth of the former staff member, and\n> > \n> > > (iii) the date on which the former staff member commenced work at the premises, and\n> > \n> > > (iv) the date on which the former staff member stopped being employed to work at the premises, and\n> > \n> > > (v) the position in which the former staff member was employed to work immediately before the former staff member stopped being a staff member.","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Display of licensing information certificate","content":"#### 29 Display of licensing information certificate\n\n29 Display of licensing information certificate\n\n> For the Act, section 24, a licensing information certificate issued by the Commissioner for the licensed premises is prescribed.","sortOrder":38},{"sectionNumber":"Division 5","sectionType":"division","heading":"Cancellation of licences","content":"## Division 5 Cancellation of licences\n\nDivision 5 Cancellation of licences","sortOrder":39},{"sectionNumber":"30","sectionType":"section","heading":"Additional grounds for cancelling master licences","content":"#### 30 Additional grounds for cancelling master licences\n\n30 Additional grounds for cancelling master licences\n\n> For the Act, section 26(2)(b), the following circumstances are prescribed for master licences—\n> \n> > (a) for a body art tattooing business owned or operated by or for a corporation—the Commissioner is satisfied the corporation is a corporation that is the subject of a winding up order or for which a controller or administrator has been appointed,\n> \n> > (b) the Commissioner is satisfied—\n> > \n> > > (i) a prohibition order under the [Public Health Act 2010](/view/html/inforce/current/act-2010-127), Part 3 in connection with the carrying out of skin penetration procedures is in force for the licensed premises, or\n> > \n> > > (ii) a person has been convicted of an offence under the [Public Health Act 2010](/view/html/inforce/current/act-2010-127) or the regulations under that Act in connection with carrying out skin penetration procedures at the licensed premises,\n> \n> > (c) the Commissioner is satisfied that a closure order made under the Act, section 29 is in force for the licensed premises.","sortOrder":40},{"sectionNumber":"Division 6","sectionType":"division","heading":"Keeping of records","content":"## Division 6 Keeping of records\n\nDivision 6 Keeping of records","sortOrder":41},{"sectionNumber":"31","sectionType":"section","heading":"Tattooing procedures log to be kept for licensed premises","content":"#### 31 Tattooing procedures log to be kept for licensed premises\n\n31 Tattooing procedures log to be kept for licensed premises\n\n> > (1) For the Act, section 41(2)(g), the licensee under a master licence must ensure a tattooing procedures log in the approved form is kept for each calendar year, or part of a calendar year, during which the master licence is in force.\n> \n> > (2) The licensee under a master licence or, for a former master 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.\n> \n> > (3) A person who contravenes a provision of this section is guilty of an offence.\n> > \n> > Maximum penalty—20 penalty units.","sortOrder":42},{"sectionNumber":"32","sectionType":"section","heading":"Tattooists to make contemporaneous entries in tattooing procedures log for licensed premises","content":"#### 32 Tattooists to make contemporaneous entries in tattooing procedures log for licensed premises\n\n32 Tattooists to make contemporaneous entries in tattooing procedures log for licensed premises\n\n> For the Act, section 41(2)(g), an 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 containing the following particulars concerning the procedure is made in the tattooing procedures log for the premises—\n> \n> > (a) the date or dates on which the procedure was performed,\n> \n> > (b) the full name and tattooist licence number of the individual performing the procedure,\n> \n> > (c) the following payment details, if relevant—\n> > \n> > > (i) the amount charged for performing the procedure,\n> > \n> > > (ii) the method of payment,\n> > \n> > > (iii) the receipt number.\n> \n> Maximum penalty—20 penalty units.","sortOrder":43},{"sectionNumber":"33","sectionType":"section","heading":"Keeping records for licensed premises","content":"#### 33 Keeping records for licensed premises\n\n33 Keeping records for licensed premises\n\n> > (1) For the Act, section 41(2)(g), the licensee under a master licence must ensure that a record, whether in written or electronic form, that the licensee keeps in connection with the carrying on of a body art tattooing business at the licensed premises is—\n> > \n> > > (a) in the English language, and\n> > \n> > > (b) in a form that allows the record to be readily accessed by an authorised officer for inspection, and\n> > \n> > > (c) kept at the licensed premises at all times.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) In this section—\n> > \n> > record, in connection with a body art tattooing business, includes a record required to be kept or made under the Act or this regulation.","sortOrder":44},{"sectionNumber":"Division 6A","sectionType":"division","heading":"Exemptions from licensing requirements","content":"## Division 6A Exemptions from licensing requirements\n\nDivision 6A Exemptions from licensing requirements\n\n**pt 3, div 6A:** Ins 2024 (641), Sch 1\\[5\\].","sortOrder":45},{"sectionNumber":"33A","sectionType":"section","heading":"Exemption where multiple body art tattooing businesses at licensed premises","content":"#### 33A Exemption where multiple body art tattooing businesses at licensed premises\n\n33A Exemption where multiple body art tattooing businesses at licensed premises\n\n> For the Act, section 6(4)(c), the carrying on of a person’s body art tattooing business is a prescribed circumstance if—\n> \n> > (a) the person holds a tattooist licence, and\n> \n> > (b) the person carries on the body art tattooing business at a licensed premises, and\n> \n> > (c) another person holds a master licence for the premises.\n> \n> **s 33A:** Ins 2024 (641), Sch 1\\[5\\].","sortOrder":46},{"sectionNumber":"Division 7","sectionType":"division","heading":"Offences relating to licences","content":"## Division 7 Offences relating to licences\n\nDivision 7 Offences relating to licences","sortOrder":47},{"sectionNumber":"34","sectionType":"section","heading":"Misuse of licences","content":"#### 34 Misuse of licences\n\n34 Misuse of licences\n\n> For the Act, section 41(2)(b), a person must not—\n> \n> > (a) make a representation, or enable or allow a representation to be made, to the effect that the person is a licensee if the person does not hold a licence, or\n> \n> > (b) forge or steal a licence, or\n> \n> > (c) deface, damage, alter or destroy a licence without the permission of the Commissioner, or\n> \n> > (d) have another person’s licence in the person’s possession without a reasonable excuse.\n> \n> Maximum penalty—\n> \n> > (a) for a corporation—40 penalty units, or\n> \n> > (b) otherwise—20 penalty units.","sortOrder":48},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":49},{"sectionNumber":"35","sectionType":"section","heading":"Fees","content":"#### 35 Fees\n\n35 Fees\n\n> > (1) For the Act, section 41(2)(e), the fees payable under the Act and this regulation are listed in Schedule 1.\n> \n> > (2) The total application fee payable is set out in Schedule 1 under the heading “Total”.\n> \n> > (3) An amount specified in relation to an application fee in Schedule 1 under the heading “Processing component” is taken to be a fee to cover the costs incurred by the Commissioner in processing the application.\n> \n> > (4) For the Act, section 41(2)(e1), the fixed component of a fee paid in relation to an application under the Act or this regulation must be refunded to the applicant if the application is refused or withdrawn.\n> \n> **s 35:** Am 2024 (641), Sch 1\\[6\\]–\\[9\\].","sortOrder":50},{"sectionNumber":"36","sectionType":"section","heading":"Replacement of licence","content":"#### 36 Replacement of licence\n\n36 Replacement of licence\n\n> For the Act, section 41(2)(e), the Commissioner may, on the payment of the fee set out in Schedule 1, issue a replacement licence to a person if satisfied the person is the holder of a licence that has been lost, stolen, damaged, destroyed or defaced.\n> \n> **s 36:** Am 2024 (641), Sch 1\\[10\\].","sortOrder":51},{"sectionNumber":"37","sectionType":"section","heading":"Savings","content":"#### 37 Savings\n\n37 Savings\n\n> Any act, matter or thing that, immediately before the repeal of the Tattoo Industry Regulation 2013, had effect under that regulation continues to have effect under this regulation.","sortOrder":52},{"sectionNumber":"38","sectionType":"section","heading":null,"content":"#### 38\n\n38 (Repealed)","sortOrder":53},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Fees","content":"# Schedule 1 Fees\n\nSchedule 1 Fees\n\nsections 35 and 36\n\n|  | Type of fee | Fixed component | Processing component | Total |\n|  | Master licences |\n| 1 | Application for grant of master licence— |  |  |  |\n| (a) 1 year | $480 | $120 | $600 |\n| (b) 3 years | $1380 | $120 | $1500 |\n| (c) 5 years | $2280 | $120 | $2400 |\n| 2 | Application for renewal of master licence— |  |  |  |\n| (a) 1 year | $470 | $80 | $550 |\n| (b) 3 years | $1295 | $80 | $1375 |\n| (c) 5 years | $2120 | $80 | $2200 |\n| 3 | Application for restoration of master licence— |  |  |  |\n| (a) 1 year | $430 | $120 | $550 |\n| (b) 3 years | $1255 | $120 | $1375 |\n| (c) 5 years | $2080 | $120 | $2200 |\n|  | Tattooist licences |\n| 4 | Application for grant of tattooist licence— |  |  |  |\n| (a) 1 year | $30 | $120 | $150 |\n| (b) 3 years | $255 | $120 | $375 |\n| (c) 5 years | $480 | $120 | $600 |\n| 5 | Application for renewal of tattooist licence— |  |  |  |\n| (a) 1 year | $60 | $80 | $140 |\n| (b) 3 years | $270 | $80 | $350 |\n| (c) 5 years | $480 | $80 | $560 |\n| 6 | Application for restoration of tattooist licence— |  |  |  |\n| (a) 1 year | $30 | $120 | $150 |\n| (b) 3 years | $255 | $120 | $375 |\n| (c) 5 years | $480 | $120 | $600 |\n|  | Other fees |\n| 7 | Fingerprint fee | Nil | $40 | $40 |\n| 8 | Application for replacement of licence or permit | Nil | $65 | $65 |\n| 9 | Application for tattooing show permit | $60 | $90 | $150 |\n| 10 | Application for visiting tattooist permit | $40 | $60 | $100 |\n\n**sch 1:** Subst 2024 (641), Sch 1\\[12\\].","sortOrder":55},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 2 Penalty notice offences\n\nSchedule 2 Penalty notice offences\n\n| Provision | Penalty |\n| Offences under the Act |\n| Section 6(1) and (3) | for a corporation—$1,100otherwise—$550 |\n| Section 7(1) and (1A) | for a first offence—$550for a second or later offence—$1,100 |\n| Section 8(1) | for a corporation—$1,100otherwise—$550 |\n| Section 8A(1) and (2) | for a corporation—$1,100otherwise—$550 |\n| Section 8A(3)–(5) | $550 |\n| Section 10(5) | $550 |\n| Section 11(6) | $220 |\n| Section 25(2) | $220 |\n| Section 26(7) | $220 |\n| Section 30(1) | for a corporation—$1,100otherwise—$550 |\n| Section 32 | $220 |\n| Section 35A(1) | $550 |\n| Section 35B | $550 |\n| Offences under this regulation |\n| Section 12 | $550 |\n| Section 31(3) | $550 |\n| Section 32 | $220 |\n| Section 33(1) | $220 |\n| Section 34(c) and (d) | $220 |","sortOrder":56},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Prescribed criminal organisations","content":"# Schedule 3 Prescribed criminal organisations\n\nSchedule 3 Prescribed criminal organisations\n\nsection 23\n\nBandidos\n\nBlack Uhlans\n\nBrothers for Life\n\nComanchero\n\nFinks\n\nFourth Reich\n\nGladiators\n\nGypsy Joker\n\nHells Angels\n\nHighway 61\n\nIron Horsemen\n\nLife and Death\n\nLone Wolf\n\nMobshitters\n\nMongols\n\nMongrel Mob\n\nNo Surrender\n\nNomads\n\nOdin’s Warriors\n\nOutcasts\n\nOutlaws\n\nPhoenix\n\nRebels\n\nRock Machine\n\nSatudarah","sortOrder":58},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Disqualifying offences","content":"# Schedule 4 Disqualifying offences\n\nSchedule 4 Disqualifying offences\n\nsections 4 and 19","sortOrder":59}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulation appears consistent with its original purpose of regulating the tattoo industry, licensing practitioners, and preventing criminal infiltration. The 2024 amendments added an exemption for multiple businesses at licensed premises (section 33A) and updated fees, but these are incremental adjustments rather than scope expansion."},"complexity_factors":["Moderate length with 38 sections plus 4 schedules, though some sections are very short","Heavy cross-referencing to the parent Tattoo Industry Act 2012 and other legislation (Crimes Act 1900, Firearms Act 1996, Public Health Act 2010, etc.)","Multiple nested conditions in sections 8(1) and 11(4) with layered eligibility criteria","Dual permit systems (tattooing show permits and visiting tattooist permits) with overlapping but distinct requirements","Defined terms scattered across sections 3, 5, and 18 rather than consolidated","Schedule 4 contains 14 categories of disqualifying offences with varying thresholds (some require imprisonment, others specific dollar amounts)","2024 amendments inserted new division 6A and modified multiple sections, indicating evolving regulatory scope"],"plain_english_summary":"**What this legislation does:**\n\nThis regulation sets out the detailed rules for running tattoo businesses and holding tattoo conventions in New South Wales. It works together with the Tattoo Industry Act 2012 to control who can legally tattoo people, where they can do it, and how the industry is monitored.\n\n**Who it affects:**\n\n- **Tattoo artists** – must hold a licence (either a master licence for business owners or a tattooist licence for employees)\n- **Tattoo business owners** – need master licences for their premises and must keep detailed records\n- **International tattoo artists** – can apply for short-term \"visiting tattooist permits\" (up to 3 months)\n- **Tattoo show organisers** – need special permits to run conventions or trade shows\n- **People with criminal records** – certain serious convictions (called \"disqualifying offences\") will prevent you from getting a licence or permit\n\n**Key requirements:**\n\n- **Licences:** Master licences last 1, 3 or 5 years and cost between $550–$2,400. Tattooist licences cost $140–$600.\n- **Criminal background checks:** You cannot get a licence if you've been convicted of serious crimes involving guns, drugs, violence, sexual offences, fraud, or if you're linked to outlaw motorcycle gangs or other declared criminal organisations (Schedule 3 lists 26 specific groups including Hells Angels, Bandidos, and Comanchero).\n- **Record keeping:** Tattoo businesses must keep a \"tattooing procedures log\" recording every tattoo done, including dates, artist details, and payment information. These records must be kept for 3 years.\n- **Tattoo shows:** Organisers must apply 28 days in advance, provide details of all participating artists, and ensure no-one under 18 or linked to criminal groups participates. Shows cannot be held in pubs or clubs unless in a separate function room.\n- **Visiting artists:** International artists can work for up to 3 months but are limited to 31 days of tattooing per year and must carry proof they're authorised participants.\n\n**Why it matters:**\n\nThis regulation aims to keep organised crime out of the tattoo industry (which has historically been linked to outlaw motorcycle gangs) while ensuring public health and safety through proper licensing, hygiene standards, and record-keeping. It also creates a legal pathway for international tattoo artists to work temporarily in NSW."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content is available in the provided document to determine whether the regulation's scope has changed from its original intent. The three point-in-time versions (2023, 2024, 2025) indicate the regulation has been amended at least twice, which could reflect scope changes, but this cannot be confirmed without access to the actual regulatory text."},"complexity_factors":["Only metadata and status information was provided — the substantive legal content of the regulation is absent, making full analysis impossible","The regulation itself (not visible here) may be more complex, but cannot be assessed from this document","Reference to a related Crimes Amendment Bill adds a layer of cross-legislative context that would need to be examined separately","Staged repeal mechanism under the Subordinate Legislation Act 1989 adds a procedural consideration for those relying on the regulation long-term"],"plain_english_summary":"This NSW regulation governs the tattoo industry, came into force 30 Aug 2023, has two updates (Dec 2024, Sep 2025) and is set to automatically repeal on 1 Sep 2028. The provided text is metadata only; the actual regulatory rules aren’t included.\n\nIt likely affects tattoo artists, studio owners, clients and regulators, and—given its link to the Crimes Amendment (Prohibited Organisation Symbols) Bill 2026—signals a focus on limiting organised‑crime/OMCG influence in the sector."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This instrument replaces the Tattoo Industry Regulation 2013 (commencement note; s2) and updates scope and mechanics: it introduces/updates exemptions (s33A), visiting‑tattooist application and document rules (ss13–16), grounds for refusal and limits on permits (ss17, 11), a revised fee schedule with fixed/processing components and refund rules (s35, Schedule 1), expanded record‑keeping obligations (ss31–33) and lists prescribed criminal organisations and disqualifying offences (Schedules 3–4)."},"complexity_factors":["Multiple permit and licence types with distinct eligibility, duration and limits (tattooing show permits ss9–11; visiting tattooist permits ss13–17; master and tattooist licences pt 3)","Significant Commissioner discretion to grant, condition, vary or revoke permits and licences (ss9(1)–(3), 11(5)–(7), 17)","Cross‑references to multiple Acts and to the Tattoo Industry Act for definitions and procedural gates (s3, throughout)","Detailed record‑keeping and retention requirements imposing operational burden (tattooing procedures log; ss31–33: contemporaneous entries, 3‑year retention)","Prescribed disqualifying offences and a long list of prescribed criminal organisations that affect eligibility (Schedules 3–4; ss4, 19, 23)","Layered fee structure with fixed and processing components, refunds for refused/withdrawn applications, and multiple fee types in Schedule 1 (s35, Schedule 1)","Specific residency and visa checks for visiting or show participants and limits on days and number of permits per year (ss8, 10(2)(b), 13, 16–17)","Numerical and procedural limits (max permit durations, number of permits per year, and 7‑day cap for show permits; ss9(6), 11(8), 13)","Penalty notice schedule and differing penalties for corporations vs individuals (Schedule 2; various offence provisions)"],"plain_english_summary":"This regulation sets the rules for licensing, permits, fees, record‑keeping and offences in the tattoo industry — who needs master or tattooist licences, how tattooing shows and visiting tattooists are permitted, and what conduct is disqualifying or penalised. It affects licensees, tattooists, event organisers, applicants (including non‑residents) and authorised officers. Applicants and licensees pay fees (Schedule 1; s35). The Commissioner grants, conditions, refuses or revokes permits (ss9, 11, 17). Businesses must keep annual tattooing procedure logs for 3 years and keep participant lists at shows (ss31–33, 12)."}},"importantCases":[],"_links":{"self":"/api/acts/tattoo-industry-regulation-2023","history":"/api/acts/tattoo-industry-regulation-2023/history","analysis":"/api/acts/tattoo-industry-regulation-2023/analysis","conflicts":"/api/acts/tattoo-industry-regulation-2023/conflicts","importantCases":"/api/acts/tattoo-industry-regulation-2023/important-cases","documents":"/api/acts/tattoo-industry-regulation-2023/documents"}}