61Prohibitions relating to the commercial use of tanning units—the Act, s 40(2) and (3)(c) and (j)

61 Prohibitions relating to the commercial use of tanning units—the Act, s 40(2) and (3)(c) and (j)

61 Prohibitions relating to the commercial use of tanning units—the Act, s 40(2) and (3)(c) and (j)

(1) A person must not operate or provide the use of, or offer to operate or provide the use of, a tanning unit—

(a) for fee or reward, or

(b) in connection with—

(i) other goods or services that are provided for fee or reward, or

(ii) another benefit, including the membership of a club, association or other body, that is provided for fee or reward.

Maximum penalty—

(a) for an individual—250 penalty units, or

(b) otherwise—500 penalty units.

(2) A person must not cause or permit another person to contravene subsection (1).

Maximum penalty—

(a) for an individual—250 penalty units, or

(b) otherwise—500 penalty units.

(3) In proceedings for an offence under this section, it is presumed, in the absence of evidence to the contrary, that a person has offered to operate or provide the use of a tanning unit for fee or reward if the person publishes a restricted tanning advertisement, whether or not the advertisement mentions or specifies a fee or cost for the use of a tanning unit.

(4) In this section—

publish means disseminate, exhibit, provide or communicate by oral, visual, written, electronic or other means, including by newspaper, radio, television, the internet, cinema, billboards, social media, text message, email or other media.

restricted tanning advertisement means an advertisement, notice or information that—

(a) includes—

(i) an image or video depicting all or part of a tanning unit, or

(ii) audio or text referring to or describing a tanning unit, and

(b) solicits, invites or promotes enquiries about the use of a tanning unit, including by providing the name or contact details of the person who published the advertisement or a person who provides the use of a tanning unit.

tanning unit means a non-ionising radiation apparatus designed to produce the tanning of human skin by emitting ultraviolet radiation, whether or not the apparatus also emits other frequencies of light.