NSW Amends Tattoo Shop and Artist Licensing Laws
Monday 15 May 2017 @ 12.25 p.m. | Legal Research
New laws in NSW will allow tattoo shop owners and tattoo artists to make an application for a license renewal, without having to make a new application, but also provides the Commissioner for Police with an additional ground to make an adverse security determination based on the applicant’s associates. The Tattoo Parlours Amendment Act 2017 was assented on 9 May 2017, after being passed through Parliament without amendment on 2 May 2017. The Act currently has no scheduled date for commencement, but will commence on a day or days to be proclaimed.
Introducing the Bill into Parliament, Parliamentary Secretary Kevin Anderson, who was speaking on behalf of Minister for Police Troy Grant, said:
“The current regulatory framework for tattoo parlours was introduced to curb infiltration of the industry by organised criminal groups. These arrangements require applications for a licence to be made to NSW Fair Trading and a probity check in the form of a security determination to be made by the NSW Police Force. This was intended to clean up the industry and to stop tattoo parlours being used as a front for criminal enterprise.
I understand that, since the scheme has commenced, the scheme has helped reduce bikie involvement in the tattoo industry. However, there is still more work to be done. These amendments will ensure that the Tattoo Parlours Act 2012 remains fit for purpose in limiting infiltration of the body art tattooing industry by organised crime.”
Key Changes
Under the Tattoo Parlours Act 2012 (“the current Act”), there is no operator or tattooist licence renewal process, with applicants having to make a new application upon the expiry of a current licence. The Tattoo Parlours Amendment Act 2017 (“the amendment Act”) will introduce a new section 13A setting out the new licence renewal process. In his second reading speech, Mr Anderson said that:
“The renewal process will cut the red tape that is associated with the requirement to make a brand-new licence application without compromising the integrity of the scheme. While many of the steps for licence renewal are similar to those required when making the original licence application the renewal process will be more streamlined.”
If a licence renewal application is made, the applicant’s current licence will continue to be in force until the application is determined.
The amendment Act also introduces an explicit provision stating that the Commissioner of Police may make an adverse security determination against a licence applicant on the grounds that a close associate of the applicant is not a fit or proper person. The Commissioner will also be allowed to request information from a close associate of the applicant in the process of an investigation.
The amendment Act also makes it a condition of tattooist licences that the holder must give written notice to the regulator of a change in particulars within 14 days of the change. This obligation already exists in regard to operator licences.
A new section 33A will also be inserted by the amendment Act that will abrogate the privilege against self-incrimination in respect of the licensing scheme. In his second reading speech, Mr Anderson said:
“This will mean persons required to provide information by enforcement officers must provide that information regardless of whether their answer would incriminate them. However, section 33A (3) provides protections that limit the use of any answer provided in criminal proceedings against the person if the person objects to providing an answer on the ground that it might incriminate them. This provision addresses the current situation where a person could refuse to answer questions or produce documents requested by enforcement officers if so doing was likely to incriminate them. This is an easy option for anyone who wants to hide criminal activity from those who are tasked with upholding the regulatory scheme.”
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Sources:
Tattoo Parlours Amendment Act 2017 (NSW) - Bill, Explanatory Notes and Second Reading Speech available on TimeBase's LawOne service
