6Body art tattooing businesses to be licensed

6 Body art tattooing businesses to be licensed

6 Body art tattooing businesses to be licensed

(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 any premises unless the person is authorised to do so by a master licence.

Maximum penalty—

(a) in the case of a corporation—100 penalty units and in addition, in the case of a continuing offence, 100 penalty units for each day the offence continues, and

(b) in any other case—50 penalty units and in addition, in the case of a continuing offence, 50 penalty units for each day the offence continues.

(2) If a body art tattooing business is carried on (or is proposed to be carried on) at more than one set of premises, a separate master licence is required to be held by a person for each set of premises for the purposes of subsection (1).

(3) A person that requires, allows 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—

(a) in the case of a corporation—100 penalty units and in addition, in the case of a continuing offence, 100 penalty units for each day the offence continues, and

(b) in any other case—50 penalty units and in addition, in the case of a continuing offence, 50 penalty units for each day the offence continues.

(4) Subsection (1) does not apply to a person carrying on a body art tattooing business—

(a) during the period of 7 business days after the death of a licensee who holds a master licence for the premises and, if a new application for a master licence is made during that period, until that application is determined by the Commissioner, or

(b) during the period of 7 business days after a licensee who holds a master licence for the premises becomes unable to carry on the business because he or she is incapacitated and, if a new application is made by another person for a master licence for the premises during that period, until that application is determined by the Commissioner, or

(c) in such other circumstances as may be prescribed by the regulations.

(5) It is a defence in proceedings for an offence against subsection (3) if the person satisfies the court that the person did not know, and could not reasonably have been expected to know, that the body art tattooing business was not being carried on under the authority of a master licence.