Tattoo Industry Act 2013
sec.42Decision about application for exhibition permit
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sec.42 Decision about application for exhibition permit
The chief executive must, after considering an application for an exhibition permit, decide to— grant the permit; or refuse to grant the permit. 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. 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. 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. The permit may be granted subject to conditions. 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. 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. The permit must state the period, not more than 7 days, during which it is in force. 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. 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. s 42 amd 2016 No. 62 ss 405 , 432 (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. (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. (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. (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. (sec.42-ssec.4) The permit may be granted subject to conditions. (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. (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. (sec.42-ssec.7) The permit must state the period, not more than 7 days, during which it is in force. (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. (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.