{"id":"tattooing-industry-control-regulations-2016","name":"Tattooing Industry Control Regulations 2016","slug":"tattooing-industry-control-regulations-2016","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237804,"registerId":"sa-tattooing-industry-control-regulations-2016-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Tattooing Industry Control Regulations 2016","content":"South Australia\nTattooing Industry Control Regulations 2016\nunder the Tattooing Industry Control Act 2015\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tCommissioner for Consumer Affairs may disqualify person from providing tattooing services\n5\tProviders of tattooing services etc to provide certain information to Commissioner for Consumer Affairs\n6\tEmployees to provide certain information to Commissioner for Consumer Affairs\n7\tRecord keeping\n8\tExemptions\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Tattooing Industry Control Regulations 2016.\n2—Commencement\nThese regulations will come into operation on the day on which the Tattooing Industry Control Act 2015 comes into operation.\n3—Interpretation\nIn these regulations—\nAct means the Tattooing Industry Control Act 2015.\n4—Commissioner for Consumer Affairs may disqualify person from providing tattooing services\n\t(1)\tFor the purposes of section 8(1)(c) of the Act, the following offences are prescribed:\n\t(a)\tan offence against Part 3A of the Summary Offences Act 1953 (other than an offence against section 21C(1) or 21E of that Act);\n\t(b)\ta serious and organised crime offence (as defined in the Criminal Law Consolidation Act 1935);\n\t(c)\tan offence against the Controlled Substances Act 1984 involving a controlled drug, controlled precursor or controlled plant (other than an offence constituted of possessing a controlled drug, controlled precursor or controlled plant);\n\t(d)\tan indictable offence involving violence;\n\t(e)\tan offence against the Firearms Act 1977 (other than an offence against section 15C, 16, 21A, 21AB or 26 of that Act);\n\t(f)\tan offence of attempting to commit, or assault with an attempt to commit, an offence prescribed by a preceding paragraph;\n\t(g)\tan offence against the law of another jurisdiction that would, if committed in this State, constitute an offence prescribed by a preceding paragraph.\n\t(2)\tFor the purposes of section 8(5)(c) of the Act, a disqualification notice given by the Commissioner for Consumer Affairs must contain a warning that—\n\t(a)\tit is an offence to contravene, or fail to comply with, a disqualification notice; and\n\t(b)\tsuch an offence is punishable by—\n\t(i)\tin the case of a natural person—a maximum term of imprisonment for 4 years; or\n\t(ii)\tin the case of a body corporate—a maximum fine of $250 000.\n5—Providers of tattooing services etc to provide certain information to Commissioner for Consumer Affairs\n\t(1)\tFor the purposes of section 13(3)(c)(iii)(C) of the Act, the following information is required to be included in a notice given by a person proposing to commence carrying on a business in the course of which tattooing services are provided:\n\t(a)\tthe full name, residential address and date of birth of each person who is to be employed in the business to provide services other than tattooing services;\n\t(b)\tthe full name, residential address and date of birth—\n\t(i)\tif the business is to be carried on by a natural person—of each close associate of the person; or\n\t(ii)\tif the business is to be carried on by a body corporate—\n\t(A)\tof each close associate of the body corporate; and\n\t(B)\tof each close associate of each director of the body corporate;\n\t(c)\tthe telephone number and email address—\n\t(i)\tif the business is to be carried on by a natural person—of the person; or\n\t(ii)\tif the business is to be carried on by a body corporate—of each director of the body corporate;\n\t(d)\tif the business is to be carried on by a natural person—any business or trading name under which the person is to provide tattooing services;\n\t(e)\ta copy of the lease agreement (if any) for the premises where tattooing services are to be provided in the course of the business;\n\t(f)\ta statement as to whether any circumstances apply by virtue of which the person proposing to commence carrying on the business would be disqualified from providing tattooing services;\n\t(g)\tan address for service.\n\t(2)\tFor the purposes of section 13(3)(c)(iii)(C) of the Act, the following information is required to be included in a notice given by a person who is carrying on a business in the course of which tattooing services are provided:\n\t(a)\tthe full name, residential address and date of birth of each person who is employed in the business to provide services other than tattooing services;\n\t(b)\tthe full name, residential address and date of birth—\n\t(i)\tif the business is carried on by a natural person—of each close associate of the person; or\n\t(ii)\tif the business is carried on by a body corporate—\n\t(A)\tof each close associate of the body corporate; and\n\t(B)\tof each close associate of each director of the body corporate;\n\t(c)\tthe telephone number and email address—\n\t(i)\tif the business is carried on by a natural person—of the person; or\n\t(ii)\tif the business is carried on by a body corporate—of each director of the body corporate;\n\t(d)\tif the business is carried on by a natural person—any business or trading name under which the person provides tattooing services;\n\t(e)\ta copy of the lease agreement (if any) for the premises where tattooing services are provided in the course of the business;\n\t(f)\ta statement as to whether any circumstances apply by virtue of which the person carrying on the business would be disqualified from providing tattooing services;\n\t(g)\tan address for service;\n\t(h)\tin relation to any tattoo show, exhibition, festival, fair or convention that the person carrying on the business, and any person employed in the business, has participated at, or intends to participate at—the name of the show, exhibition, festival, fair or convention and the date on which it was, or is to be, held.\n6—Employees to provide certain information to Commissioner for Consumer Affairs\n\t(1)\tFor the purposes of section 14(2)(b) of the Act, the following information is required to be included in a notice given by a person who has commenced employment in the course of which he or she provides tattooing services:\n\t(a)\tthe full name, residential address and date of birth of the person;\n\t(b)\tthe full name, residential address and date of birth of each close associate of the person;\n\t(c)\tthe name and address of the business employing the person;\n\t(d)\ta statement as to whether any circumstances apply by virtue of which the person would be disqualified from providing tattooing services.\n\t(2)\tA person required to give notice under section 14 of the Act must, within 14 days of any change in the information referred to in subregulation (1), notify the Commissioner for Consumer Affairs of the changed information.\nMaximum penalty: $10 000.\n\t(3)\tA notice under subregulation (2) must be given in a manner and form determined by the Commissioner for Consumer Affairs.\n7—Record keeping\nFor the purposes of section 16(1) of the Act, the records to be kept by a person carrying on a business in the course of which tattooing services are provided are—\n\t(a)\ta record of the full name, residential address and date of birth of each person employed in the business; and\n\t(b)\tin the case of a body corporate—\n\t(i)\tthe name of the body corporate; and\n\t(ii)\tany business or trading name under which the body corporate provides tattooing services; and\n\t(iii)\tthe registered address of the body corporate; and\n\t(iv)\tthe full name, residential address and date of birth of each director of the body corporate; and\n\t(c)\tthe full name, residential address and date of birth—\n\t(i)\tif the business is being carried on by a natural person—of each close associate of the person; or\n\t(ii)\tif the business is being carried on by a body corporate—\n\t(A)\tof each close associate of the body corporate; and\n\t(B)\tof each close associate of each director of the body corporate; and\n\t(d)\tin relation to any tattoo show, exhibition, festival, fair or convention that the person carrying on the business, and any person employed in the business, has participated at—the name of the show, exhibition, festival, fair or convention and the date on which it was held.\n8—Exemptions\n\t(1)\tA tattooing service is exempt from the provisions of the Act if—\n\t(a)\tit consists only of cosmetic tattooing; or\n\t(b)\tit consists of tattooing performed on a person in the course of medical treatment.\n\t(2)\tIn this regulation—\ncosmetic tattooing means the use of tattooing as a means of producing designs that resemble makeup, such as eyelining and other permanent enhancing colours to the skin of the face, lips and eyelids.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2016\n41\nGazette 2.6.2016 p2007 \n1.7.2016: r 2\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with the original intent of the parent Act. They provide necessary operational detail for the Act's framework without expanding beyond the core purpose of regulating tattoo industry participants and excluding organised crime figures. The scope remains focused on tattoo business licensing, disqualification, and record-keeping as established by the primary legislation."},"complexity_factors":["Multiple cross-references to the parent Act (Tattooing Industry Control Act 2015) requiring readers to flip between documents to understand full requirements","Nested conditional logic in regulation 5 distinguishing between natural persons and body corporates, with further sub-division for close associates of directors","Extensive personal information collection requirements spanning 7-8 categories per person across multiple stakeholder types (employees, directors, close associates)","Definition of disqualifying offences requires knowledge of 5 separate Acts (Summary Offences Act 1953, Criminal Law Consolidation Act 1935, Controlled Substances Act 1984, Firearms Act 1977, plus other jurisdictions' laws)","Specific exclusion clauses within offence categories (e.g., 'other than an offence against section 21C(1) or 21E') creating exceptions to the disqualification rules","14-day update requirement for employees with penalty provision creating ongoing compliance burden"],"plain_english_summary":"These regulations set out the detailed rules for running a tattoo business in South Australia. They work together with the Tattooing Industry Control Act 2015.\n\n**What the regulations do:**\n\n*   **Ban certain criminals from the industry** — The Commissioner for Consumer Affairs can disqualify people from working in tattooing if they have serious criminal convictions. This includes organised crime offences, serious drug offences (beyond simple possession), violent crimes, and firearms offences. The regulations spell out exactly which crimes trigger this ban.\n\n*   **Require detailed information from businesses** — Anyone starting or running a tattoo business must tell the Commissioner:\n    *   Personal details of all employees (even those not tattooing)\n    *   Details of \"close associates\" (business partners, family members, or others with significant influence) of the owner and directors\n    *   Contact information, lease agreements, and business names\n    *   Whether anyone involved would be disqualified due to criminal history\n    *   Details of any tattoo conventions or shows they attend\n\n*   **Require information from employees** — Tattoo artists must provide their personal details, close associate information, and criminal disqualification status to the Commissioner. They must update this information within 14 days if anything changes.\n\n*   **Require record keeping** — Tattoo businesses must keep detailed records of employees, directors, close associates, and convention attendance.\n\n*   **Exempt cosmetic and medical tattooing** — Tattooing that is purely cosmetic (like permanent makeup) or performed as part of medical treatment doesn't have to follow these rules.\n\n**Who it affects:**\n\n*   Tattoo studio owners and operators\n*   Tattoo artists and employees\n*   Close associates of business owners (family, partners, or others with influence)\n\n**Why it matters:**\n\nThese regulations are designed to keep organised crime out of the tattoo industry by creating a paper trail of who owns and works in tattoo businesses. The extensive reporting on \"close associates\" is particularly aimed at identifying hidden interests or control by criminal figures who might not appear as official owners."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"These regulations operationalise and specify administrative requirements under the Tattooing Industry Control Act 2015 (disqualifying offences, information/notice content, record-keeping and exemptions). They do not, on their face, expand or narrow the Act’s substantive coverage; they prescribe procedures, information duties and penalties to implement the Act (see regs 4–8)."},"complexity_factors":["Cross-references to multiple other Acts to define disqualifying offences (reg 4 references Summary Offences Act 1953, Criminal Law Consolidation Act 1935, Controlled Substances Act 1984, Firearms Act 1977)","Detailed mandatory information and disclosure lists for both new and operating businesses (regs 5(1)–(2))","Ongoing employee notification and update requirement with a monetary penalty (reg 6(2); Maximum penalty $10,000)","Record‑keeping specifications differing by business form (natural person v body corporate) and including associates and event participation (reg 7)","Commissioner discretion over notice form and manner (reg 6(3)) and statutory content requirements for disqualification notices (reg 4(2))","Narrow statutory exemptions with a defined technical term (reg 8—definition of cosmetic tattooing)","Criminal penalties attaching to contravention of disqualification notices with differing caps for individuals and corporations (reg 4(2)(b))"],"plain_english_summary":"These regulations set out the administrative rules that make the Tattooing Industry Control Act 2015 work in practice. They prescribe criminal grounds for disqualification (reg 4), the personal and business information providers and employees must give or keep (regs 5–7), the Commissioner’s notice content and form (reg 4(2), reg 6(3)), and narrow exemptions for cosmetic and medical tattooing (reg 8).\n\nThey matter because they place ongoing data‑collection, update and record‑keeping obligations on tattoo businesses and workers and attach penalties for non‑compliance, while giving the Commissioner operational discretion."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available. The page returned a 'Page Not Found' error, preventing any analysis of whether the regulations evolved beyond their original stated purpose."},"complexity_factors":["No legislative text was retrievable — a 404 error was returned instead of the actual regulations","Complexity cannot be meaningfully assessed without the substantive content","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"These regulations set out detailed legal rules under South Australian law for the tattooing industry — likely covering licensing/registration, premises health and safety, age or consent limits, and compliance/enforcement. They directly affect tattoo artists, studio owners and consumers by defining who can operate, how services must be provided, and enforcement risks for non‑compliance. To read the text, search the SA legislation site or contact OPCWeb@sa.gov.au about the broken link."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/tattooing-industry-control-regulations-2016","history":"/api/acts/tattooing-industry-control-regulations-2016/history","analysis":"/api/acts/tattooing-industry-control-regulations-2016/analysis","conflicts":"/api/acts/tattooing-industry-control-regulations-2016/conflicts","importantCases":"/api/acts/tattooing-industry-control-regulations-2016/important-cases","documents":"/api/acts/tattooing-industry-control-regulations-2016/documents"}}