Under the Tattooing Industry Control Act 2015 (SA) some people are automatically prohibited from providing tattooing services, and additionally, the Commissioner for Consumer Affairs can disqualify a person from providing tattooing services.
Tattooing services is defined broadly and includes owning the business or even tattooing someone for no fee or reward [s 4].
The main groups automatically disqualified under the Act include:
- Members or close associates of a member of declared organisations, people under control orders,and criminal organisations under Serious and Organised Crime laws [see Serious and Organised Crime];
- Those declared and criminal organisations as a body corporate; and
- Those disqualified under other States or Commonwealth laws [s 7(2)-(3)].
In addition to this, the Commissioner for Consumer Affairs has broad power to disqualify a person from providing tattooing services if the person has been involved in various types of criminal activity. This includes some drug offences, indictable offences involving violence, some assault offences, some Firearms offences, and those with links to serious and organised crime [see s 8 and reg 4 Tattooing Industry Control Regulations 2016 (SA)].
A disqualified person who provides tattooing services is guilty of an offence [s 7 Tattooing Industry Control Act 2015 (SA)].
Natural person - 4 years imprisonment
Body corporate - $250 000
Anyone who proposes to be a provider of tattooing services has to give notice to the Commissioner for Consumer Affairs [s 13].
Maximum penalty: Natural person - 1 year imprisonment ; Body corporate - $100 000
Any person starting employment (paid or unpaid) providing tattooing services must notify the Commissioner for Consumer Affairs within 28 days [s 14].
Maximum penalty: $100 000 or 1 year imprisonment
There are also provisions for record keeping and failing to follow directions of authorised officers which also have high penalties [see for example s 12, s 16].
Keeping some items, such as firearms, weapons or explosives in a place where tattooing services are provided is an offence [s 21].
Maximum penalty: 2 years imprisonment
A tattooing service is exempt from the provisions of the Act if it consists of only cosmetic tattooing (resembling makeup), or tattooing performed on a person in the course of medical treatment [reg 8 Tattooing Industry Control Regulations 2016 (SA)].
Additionally, the Minister can grant exemptions under the Act [s 23].
Forms and more information:
See the Consumer and Business Services website: http://www.cbs.sa.gov.au/
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.