South Australia regulation

Tattooing Industry Control Regulations 2016

In ForceSA

Jurisdiction

South Australia

Collection

regulation

Plain English Summary

5/10 complexity

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).

They 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.

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Tattooing Industry Control Regulations 2016

South Australia Tattooing Industry Control Regulations 2016 under the Tattooing Industry Control Act 2015

Contents 1 Short title 2 Commencement 3 Interpretation 4 Commissioner for Consumer Affairs may disqualify person from providing tattooing services 5 Providers of tattooing services etc to provide certain information to Commissioner for Consumer Affairs 6 Employees to provide certain information to Commissioner for Consumer Affairs 7 Record keeping 8 Exemptions Legislative history

1—Short title These regulations may be cited as the Tattooing Industry Control Regulations 2016. 2—Commencement These regulations will come into operation on the day on which the Tattooing Industry Control Act 2015 comes into operation. 3—Interpretation In these regulations— Act means the Tattooing Industry Control Act 2015. 4—Commissioner for Consumer Affairs may disqualify person from providing tattooing services (1) For the purposes of section 8(1)(c) of the Act, the following offences are prescribed: (a) an offence against Part 3A of the Summary Offences Act 1953 (other than an offence against section 21C(1) or 21E of that Act); (b) a serious and organised crime offence (as defined in the Criminal Law Consolidation Act 1935); (c) an 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); (d) an indictable offence involving violence; (e) an offence against the Firearms Act 1977 (other than an offence against section 15C, 16, 21A, 21AB or 26 of that Act); (f) an offence of attempting to commit, or assault with an attempt to commit, an offence prescribed by a preceding paragraph; (g) an offence against the law of another jurisdiction that would, if committed in this State, constitute an offence prescribed by a preceding paragraph. (2) For 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— (a) it is an offence to contravene, or fail to comply with, a disqualification notice; and (b) such an offence is punishable by— (i) in the case of a natural person—a maximum term of imprisonment for 4 years; or (ii) in the case of a body corporate—a maximum fine of $250 000. 5—Providers of tattooing services etc to provide certain information to Commissioner for Consumer Affairs (1) For 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: (a) the 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; (b) the full name, residential address and date of birth— (i) if the business is to be carried on by a natural person—of each close associate of the person; or (ii) if the business is to be carried on by a body corporate— (A) of each close associate of the body corporate; and (B) of each close associate of each director of the body corporate; (c) the telephone number and email address— (i) if the business is to be carried on by a natural person—of the person; or (ii) if the business is to be carried on by a body corporate—of each director of the body corporate; (d) if 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; (e) a copy of the lease agreement (if any) for the premises where tattooing services are to be provided in the course of the business; (f) a 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; (g) an address for service. (2) For 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: (a) the full name, residential address and date of birth of each person who is employed in the business to provide services other than tattooing services; (b) the full name, residential address and date of birth— (i) if the business is carried on by a natural person—of each close associate of the person; or (ii) if the business is carried on by a body corporate— (A) of each close associate of the body corporate; and (B) of each close associate of each director of the body corporate; (c) the telephone number and email address— (i) if the business is carried on by a natural person—of the person; or (ii) if the business is carried on by a body corporate—of each director of the body corporate; (d) if the business is carried on by a natural person—any business or trading name under which the person provides tattooing services; (e) a copy of the lease agreement (if any) for the premises where tattooing services are provided in the course of the business; (f) a statement as to whether any circumstances apply by virtue of which the person carrying on the business would be disqualified from providing tattooing services; (g) an address for service; (h) in 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. 6—Employees to provide certain information to Commissioner for Consumer Affairs (1) For 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: (a) the full name, residential address and date of birth of the person; (b) the full name, residential address and date of birth of each close associate of the person; (c) the name and address of the business employing the person; (d) a statement as to whether any circumstances apply by virtue of which the person would be disqualified from providing tattooing services. (2) A 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. Maximum penalty: $10 000. (3) A notice under subregulation (2) must be given in a manner and form determined by the Commissioner for Consumer Affairs. 7—Record keeping For 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— (a) a record of the full name, residential address and date of birth of each person employed in the business; and (b) in the case of a body corporate— (i) the name of the body corporate; and (ii) any business or trading name under which the body corporate provides tattooing services; and (iii) the registered address of the body corporate; and (iv) the full name, residential address and date of birth of each director of the body corporate; and (c) the full name, residential address and date of birth— (i) if the business is being carried on by a natural person—of each close associate of the person; or (ii) if the business is being carried on by a body corporate— (A) of each close associate of the body corporate; and (B) of each close associate of each director of the body corporate; and (d) in 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. 8—Exemptions (1) A tattooing service is exempt from the provisions of the Act if— (a) it consists only of cosmetic tattooing; or (b) it consists of tattooing performed on a person in the course of medical treatment. (2) In this regulation— cosmetic 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. Legislative history Notes • For 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. Principal regulations Year No Reference Commencement 2016 41 Gazette 2.6.2016 p2007 1.7.2016: r 2

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Tattooing Industry Control Regulations 2016

South Australia Tattooing Industry Control Regulations 2016 under the Tattooing Industry Control Act 2015

1—Short title These regulations may be cited as the Tattooing Industry Control Regulations 2016. 2—Commencement These regulations will come into operation on the day on which the Tattooing Industry Control Act 2015 comes into operation. 3—Interpretation In these regulations— Act means the Tattooing Industry Control Act 2015. 4—Commissioner for Consumer Affairs may disqualify person from providing tattooing services (1) For the purposes of section 8(1)(c) of the Act, the following offences are prescribed: (a) an offence against Part 3A of the Summary Offences Act 1953 (other than an offence against section 21C(1) or 21E of that Act); (b) a serious and organised crime offence (as defined in the Criminal Law Consolidation Act 1935); (c) an 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); (d) an indictable offence involving violence; (e) an offence against the Firearms Act 1977 (other than an offence against section 15C, 16, 21A, 21AB or 26 of that Act); (f) an offence of attempting to commit, or assault with an attempt to commit, an offence prescribed by a preceding paragraph; (g) an offence against the law of another jurisdiction that would, if committed in this State, constitute an offence prescribed by a preceding paragraph. (2) For 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— (a) it is an offence to contravene, or fail to comply with, a disqualification notice; and (b) such an offence is punishable by— (i) in the case of a natural person—a maximum term of imprisonment for 4 years; or (ii) in the case of a body corporate—a maximum fine of $250 000. 5—Providers of tattooing services etc to provide certain information to Commissioner for Consumer Affairs (1) For 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: (a) the 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; (b) the full name, residential address and date of birth— (i) if the business is to be carried on by a natural person—of each close associate of the person; or (ii) if the business is to be carried on by a body corporate— (A) of each close associate of the body corporate; and (B) of each close associate of each director of the body corporate; (c) the telephone number and email address— (i) if the business is to be carried on by a natural person—of the person; or (ii) if the business is to be carried on by a body corporate—of each director of the body corporate; (d) if 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; (e) a copy of the lease agreement (if any) for the premises where tattooing services are to be provided in the course of the business; (f) a 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; (g) an address for service. (2) For 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: (a) the full name, residential address and date of birth of each person who is employed in the business to provide services other than tattooing services; (b) the full name, residential address and date of birth— (i) if the business is carried on by a natural person—of each close associate of the person; or (ii) if the business is carried on by a body corporate— (A) of each close associate of the body corporate; and (B) of each close associate of each director of the body corporate; (c) the telephone number and email address— (i) if the business is carried on by a natural person—of the person; or (ii) if the business is carried on by a body corporate—of each director of the body corporate; (d) if the business is carried on by a natural person—any business or trading name under which the person provides tattooing services; (e) a copy of the lease agreement (if any) for the premises where tattooing services are provided in the course of the business; (f) a statement as to whether any circumstances apply by virtue of which the person carrying on the business would be disqualified from providing tattooing services; (g) an address for service; (h) in 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. 6—Employees to provide certain information to Commissioner for Consumer Affairs (1) For 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: (a) the full name, residential address and date of birth of the person; (b) the full name, residential address and date of birth of each close associate of the person; (c) the name and address of the business employing the person; (d) a statement as to whether any circumstances apply by virtue of which the person would be disqualified from providing tattooing services. (2) A 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. Maximum penalty: $10 000. (3) A notice under subregulation (2) must be given in a manner and form determined by the Commissioner for Consumer Affairs. 7—Record keeping For 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— (a) a record of the full name, residential address and date of birth of each person employed in the business; and (b) in the case of a body corporate— (i) the name of the body corporate; and (ii) any business or trading name under which the body corporate provides tattooing services; and (iii) the registered address of the body corporate; and (iv) the full name, residential address and date of birth of each director of the body corporate; and (c) the full name, residential address and date of birth— (i) if the business is being carried on by a natural person—of each close associate of the person; or (ii) if the business is being carried on by a body corporate— (A) of each close associate of the body corporate; and (B) of each close associate of each director of the body corporate; and (d) in 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. 8—Exemptions (1) A tattooing service is exempt from the provisions of the Act if— (a) it consists only of cosmetic tattooing; or (b) it consists of tattooing performed on a person in the course of medical treatment. (2) In this regulation— cosmetic 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. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Principal regulations Year No Reference Commencement 2016 41 Gazette 2.6.2016 p2007 1.7.2016: r 2