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Queensland
PUBLIC HEALTH
(INFECTION CONTROL FOR
PERSONAL APPEARANCE
SERVICES) BILL 2003
Queensland
PUBLIC HEALTH (INFECTION CONTROL
FOR PERSONAL APPEARANCE
SERVICES) BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2-- Application and purpose of Act
3 Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Contravention of this Act does not create civil cause of action. . . . . . . . . . . 11
6 Act does not affect other rights or remedies . . . . . . . . . . . . . . . . . . . . . . . . . 11
7 Purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8 How purpose is to be achieved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 3--Administration and enforcement
9 Local government to administer Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 4--Interpretation
10 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
11 Meaning of "beauty therapy" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
12 Meaning of "body piercing" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
13 Meaning of "hairdressing" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
14 Meaning of "higher risk personal appearance service". . . . . . . . . . . . . . . . . 14
15 Meaning of "non-higher risk personal appearance service" . . . . . . . . . . . . . 14
16 Meaning of "personal appearance service" . . . . . . . . . . . . . . . . . . . . . . . . . . 14
17 Meaning of "skin penetration" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
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Public Health (Infection Control for Personal
Appearance Services) Bill 2003
18 Meaning of "tattooing" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
PART 2--OBLIGATIONS RELATING TO PERSONAL
APPEARANCE SERVICES
Division 1--Obligations to minimise infection risks for personal
appearance services
19 Obligation of business proprietor and operator . . . . . . . . . . . . . . . . . . . . . . . 15
20 How an obligation to minimise an infection risk may be discharged if
there is a regulation or infection control guideline . . . . . . . . . . . . . . . . . . . . 15
21 How an obligation to minimise an infection risk may be discharged if
there is no regulation or infection control guideline . . . . . . . . . . . . . . . . . . . 16
Division 2--Further obligations for higher risk personal appearance
services
22 Licence required for business providing higher risk personal appearance
services .................................................. 16
23 Premises at which higher risk personal appearance services may be
provided ................................................ 16
24 Particular person must hold infection control qualification . . . . . . . . . . . . . 17
25 Business proprietor must ensure particular operator holds an infection
control qualification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 3--Obligations for non-higher risk personal appearance
services
26 Business proprietor must notify commencement of business . . . . . . . . . . . . 17
Division 4--Defences
27 Defences for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PART 3--INFECTION CONTROL GUIDELINES
28 Minister may make infection control guidelines . . . . . . . . . . . . . . . . . . . . . . 19
29 Use of infection control guideline in a proceeding . . . . . . . . . . . . . . . . . . . . 19
PART 4--LICENCES TO CARRY ON BUSINESS PROVIDING
HIGHER RISK PERSONAL APPEARANCE SERVICES
Division 1--Applications for and issue of licences
30 Application for licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
31 Single licence may cover 2 or more premises . . . . . . . . . . . . . . . . . . . . . . . . 20
32 What the application must state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
33 Consideration of application for licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
34 Criteria for granting application for licence . . . . . . . . . . . . . . . . . . . . . . . . . 21
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Public Health (Infection Control for Personal
Appearance Services) Bill 2003
35 Suitability of person to hold licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
36 Suitability of premises at which higher risk personal appearance services
are to be provided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
37 Inquiries into application for licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
38 Decision on application for licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
39 Failure to decide application for licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
40 Term of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
41 Conditions of licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
42 Licensee must comply with licence conditions. . . . . . . . . . . . . . . . . . . . . . . 26
43 Form of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 2--Renewal of licences
44 Applications for renewal of licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
45 Inquiries into application for renewal of licence . . . . . . . . . . . . . . . . . . . . . . 28
46 Licence taken to be in force while application for renewal is considered. . . 28
Division 3--Amendment of licences
47 Application for amendment of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
48 Inquiries into application for amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 4--Transfer of licences
49 Application for transfer of licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
50 Inquiries into application for transfer of licence . . . . . . . . . . . . . . . . . . . . . . 31
Division 5--Suspension or cancellation of licences
51 Grounds for suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
52 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
53 Representations about show cause notices . . . . . . . . . . . . . . . . . . . . . . . . . . 32
54 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 33
55 Suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
56 Immediate suspension of licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
57 Return of cancelled or suspended licence to local government . . . . . . . . . . 34
Division 6--Other provisions about licences
58 Applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
59 Licence issued to more than 1 person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
60 Surrender of licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
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Public Health (Infection Control for Personal
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61 Application for replacement of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
62 Decision about application for replacement of licence . . . . . . . . . . . . . . . . . 36
63 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
64 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
PART 5--MOBILE HIGHER RISK PERSONAL APPEARANCE
SERVICES
65 Notification of intention to provide services from mobile premises . . . . . . . 37
66 Obligations of licensee while in second local government area . . . . . . . . . . 38
67 Action that may be taken by second local government . . . . . . . . . . . . . . . . . 38
68 Notification to first local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
69 Action that may be taken by first local government . . . . . . . . . . . . . . . . . . . 39
PART 6--INVESTIGATION AND ENFORCEMENT
Division 1--Authorised persons
70 Appointment and qualifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
71 Powers of authorised person limited to local government area. . . . . . . . . . . 40
72 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . . . . . . . . . 40
73 Functions of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
74 Issue of identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
75 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
76 When authorised person ceases to hold office. . . . . . . . . . . . . . . . . . . . . . . . 41
77 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
78 Return of identity card. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 2--Powers of authorised persons
Subdivision 1--Entry of places
79 Power to enter places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Subdivision 2--Procedure for entry
80 Entry with consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
81 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
82 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
83 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
84 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
85 Stopping motor vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
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Public Health (Infection Control for Personal
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Subdivision 3--Powers after entry
86 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
87 Failure to help authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
88 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Subdivision 4--Power to seize evidence
89 Seizing evidence at a place that may be entered without consent or warrant 50
90 Seizing evidence at a place that may only be entered with consent or
warrant ............................................... 50
91 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
92 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
93 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
94 Authorised person may require thing's return. . . . . . . . . . . . . . . . . . . . . . . . 52
95 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
96 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
97 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
98 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Subdivision 5--Power to obtain information
99 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
100 Failure to give name or address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
101 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . 55
102 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
103 Failure to certify copy of document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
104 Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Division 3--Monitoring compliance
105 Inspections to monitor compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
106 Inspection fees for businesses providing higher risk personal appearance
services ................................................ 57
107 Inspection fees if non-higher risk personal appearance services provided
only at proprietor's fixed premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
108 Inspection fees if non-higher risk personal appearance services provided
only at places of business other than proprietor's fixed premises . . . . . . . . . 58
109 Inspection fees if non-higher risk personal appearance services provided
both at proprietor's fixed premises and at places of business other than the
proprietor's fixed premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
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Public Health (Infection Control for Personal
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110 Inspection fee after remedial notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
111 Remedial notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
112 Person may be prohibited from providing personal appearance service. . . . 61
Division 4--General enforcement matters
113 Notice of damage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
114 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
115 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
116 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
117 Obstructing an authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
118 Impersonating authorised person. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
PART 7--REVIEWS AND APPEALS
Division 1--Internal review of decisions
119 Appeal process starts with internal review . . . . . . . . . . . . . . . . . . . . . . . . . . 65
120 Application for review to be made to the local government . . . . . . . . . . . . . 65
121 Applying for review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
122 Review decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
123 Stay of operation of decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Division 2--Appeals
124 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
125 Court to which appeal may be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
126 Starting appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
127 Stay of operation of decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
128 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
129 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
130 Appeals to District Court only on questions of law . . . . . . . . . . . . . . . . . . . 69
PART 8--LEGAL PROCEEDINGS
Division 1--Application
131 Application of part. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Division 2--Evidence
132 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
133 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
134 Evidentiary provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
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Public Health (Infection Control for Personal
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Division 3--Proceedings
135 Summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
136 Allegations of false or misleading information or document . . . . . . . . . . . . 71
137 Recovery of costs of investigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
138 Application for order for payment of costs under s 137 . . . . . . . . . . . . . . . . 72
139 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
140 Dealing with forfeited thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
141 Responsibility for acts or omissions of representative . . . . . . . . . . . . . . . . . 72
142 Executive officers must ensure corporation complies with Act. . . . . . . . . . . 73
143 Fines payable to local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
PART 9--MISCELLANEOUS
144 Service of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
145 Protecting officials from liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
146 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
147 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
148 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
PART 10--TRANSITIONAL
149 Definitions for pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
150 Pending applications for licences under pt 5 of the former regulation . . . . . 77
151 Lapsing of licence held under pt 5 of former regulation . . . . . . . . . . . . . . . . 77
152 Action to cancel or suspend a licence under pt 5 of former regulation. . . . . 77
153 Pending application for registration of an establishment under pt 15 of
the former regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
154 Pending application for renewal of registration of an establishment under
pt 15 of the former regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
155 When single licence may be issued for applications under pt 15 of the
former regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
156 Effect of registration of an establishment providing higher risk personal
appearance services under pt 15 of the former regulation. . . . . . . . . . . . . . . 79
157 Application of this Act to a continued licence . . . . . . . . . . . . . . . . . . . . . . . 80
158 Lapsing of registration of establishment registered under pt 15 of the
former regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
159 Application of Act to certain licences relating to establishments previously
registered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
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Public Health (Infection Control for Personal
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160 Offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
161 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
PART 11--AMENDMENT OF ACT AND REGULATIONS
162 Amendments--sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 83
AMENDMENTS OF ACT AND REGULATIONS
HEALTH ACT 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
HEALTH REGULATION 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
ENVIRONMENTAL PROTECTION (WASTE MANAGEMENT)
REGULATION 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 87
DICTIONARY
2003
A BILL
FOR
An Act to minimise the risk of infection that may result from the
provision of personal appearance services, and for other purposes
s1 10 s4
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
1 Short title 4
This Act may be cited as the Public Health (Infection Control for 5
Personal Appearance Services) Act 2003. 6
2 Commencement 7
This Act commences on a day to be fixed by proclamation. 8
Division 2-- Application and purpose of Act 9
3 Application of Act 10
This Act does not apply to a personal appearance service provided in a 11
health-care facility. 12
4 Act binds all persons 13
(1) This Act binds all persons. 14
(2) However, except for part 2, division 1,1 this Act does not bind the 15
State. 16
(3) Nothing in this Act makes the State liable to be prosecuted for an 17
offence. 18
1 Part 2 (Obligations relating to personal appearance services), division 1 (Obligations
to minimise infection risks for personal appearance services)
s5 11 s9
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
5 Contravention of this Act does not create civil cause of action 1
No provision of this Act creates a civil cause of action based on a 2
contravention of the provision. 3
6 Act does not affect other rights or remedies 4
(1) This Act does not affect or limit a civil right or remedy that exists 5
apart from this Act, whether at common law or otherwise. 6
(2) Without limiting subsection (1), compliance with this Act does not 7
necessarily show that a civil obligation that exists apart from this Act has 8
been satisfied or has not been breached. 9
7 Purpose of Act 10
The purpose of this Act is to minimise the risk of infection that may 11
result from the provision of personal appearance services. 12
8 How purpose is to be achieved 13
The purpose is to be achieved by-- 14
(a) requiring business proprietors and operators to take reasonable 15
precautions and care to minimise infection risks; and 16
(b) requiring business proprietors whose business provides higher 17
risk personal appearance services to hold a licence; and 18
(c) requiring operators providing higher risk personal appearance 19
services to hold an infection control qualification; and 20
(d) providing for compliance with this Act to be monitored and 21
enforced. 22
Division 3--Administration and enforcement 23
9 Local government to administer Act 24
(1) The administration and enforcement of this Act is a function of local 25
government for each local government's local government area. 26
s9 12 s9
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(2) To remove doubt, it is declared that a local government may do either 1
or both of the following-- 2
(a) make a resolution or local law that is not inconsistent with this 3
Act about the fees payable to it for providing a service or taking 4
action under this Act; 5
(b) make a local law that is not inconsistent with this Act about any 6
matter dealt with by this Act for which it is necessary or 7
convenient to make provision for carrying out or giving effect to 8
the matter. 9
(3) A resolution or local law under subsection (2)(a) may only prescribe 10
a fee for providing a service or taking action that-- 11
(a) is not more than the cost to the local government of providing the 12
service or taking the action for which the fee is charged; and 13
(b) if a fee is prescribed under a regulation for providing the service 14
or taking the action, is not more than the fee prescribed. 15
(4) Subsection (5) applies if-- 16
(a) the chief executive is satisfied a local government has failed to 17
do anything in the administration or enforcement of this Act; or 18
(b) a local government and the chief executive agree that the chief 19
executive do anything in the administration or enforcement of 20
this Act. 21
(5) The chief executive may do the thing and, if subsection (4)(a) 22
applies, the reasonable costs and expenses incurred by the chief executive 23
are a debt payable by the local government to the State. 24
(6) Without limiting subsections (4) and (5), the chief executive may 25
perform the functions and exercise the powers of a local government 26
including appointing the following to be authorised persons for this Act-- 27
(a) a public service employee in the department; 28
(b) a health service employee under the Health Services Act 1991. 29
(7) An appointment under subsection (6) may be made before or after a 30
failure under subsection (4)(a) or an agreement under subsection (4)(b). 31
s 10 13 s 13
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
Division 4--Interpretation 1
10 Definitions 2
The dictionary in schedule 2 defines particular words used in this Act. 3
11 Meaning of "beauty therapy" 4
"Beauty therapy" means a procedure, other than hairdressing, intended 5
to maintain, alter or enhance a person's appearance, including the 6
following-- 7
(a) facial or body treatments; 8
(b) application of cosmetics; 9
(c) manicure or pedicure; 10
(d) application of, or mending, artificial nails; 11
(e) epilation including by electrolysis or hot or cold wax. 12
12 Meaning of "body piercing" 13
(1) "Body piercing" means the process of penetrating a person's skin or 14
mucous membrane with a sharp instrument for the purpose of implanting 15
jewellery or other foreign material through or into the skin or mucous 16
membrane. 17
(2) However, it does not include the process of piercing a person's ear or 18
nose with a closed piercing instrument that-- 19
(a) does not come into contact with the person's skin or mucous 20
membrane; and 21
(b) is fitted with a sterilised single-use disposable cartridge 22
containing sterilised jewellery and fittings. 23
13 Meaning of "hairdressing" 24
"Hairdressing" means a procedure intended to maintain, alter or 25
enhance a person's appearance involving facial or scalp hair and includes 26
cutting, trimming, styling, colouring, treating or shaving the hair. 27
s 14 14 s 18
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
14 Meaning of "higher risk personal appearance service" 1
"Higher risk personal appearance service" means a personal 2
appearance service involving any of the following skin penetration 3
procedures in which the release of blood or other bodily fluid is an 4
expected result-- 5
(a) body piercing; 6
(b) implanting natural or synthetic substances into a person's skin, 7
including, for example, hair or beads; 8
(c) scarring or cutting a person's skin using a sharp instrument to 9
make a permanent mark, pattern or design; 10
(d) tattooing; 11
(e) another skin penetration procedure prescribed under a regulation. 12
15 Meaning of "non-higher risk personal appearance service" 13
"Non-higher risk personal appearance service" means a personal 14
appearance service other than a higher risk personal appearance service. 15
16 Meaning of "personal appearance service" 16
"Personal appearance service" means beauty therapy, hairdressing or 17
skin penetration that is provided as part of a business transaction. 18
17 Meaning of "skin penetration" 19
"Skin penetration" means a procedure intended to alter or enhance a 20
person's appearance that involves the piercing, cutting, scarring, scraping, 21
puncturing, or tearing of a person's skin or mucous membrane with an 22
instrument. 23
18 Meaning of "tattooing" 24
(1) "Tattooing" means the process of penetrating a person's skin and 25
inserting into it colour pigments to make a permanent mark, pattern or 26
design on the skin. 27
s 19 15 s 20
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(2) Tattooing also includes any process that penetrates the skin and 1
inserts into it colour pigments to make a semipermanent mark, pattern or 2
design on the skin including, for example-- 3
(a) the process known as cosmetic tattooing; or 4
(b) the process for applying semipermanent make-up. 5
PART 2--OBLIGATIONS RELATING TO PERSONAL 6
APPEARANCE SERVICES 7
Division 1--Obligations to minimise infection risks for personal 8
appearance services 9
19 Obligation of business proprietor and operator 10
(1) A business proprietor must-- 11
(a) take all reasonable precautions and care to minimise the risk of 12
infection (the "infection risk") to the proprietor's clients; and 13
(b) ensure each operator employed or otherwise engaged by the 14
proprietor takes all reasonable precautions and care to minimise 15
the infection risk to the proprietor's clients. 16
Maximum penalty--500 penalty units. 17
(2) An operator must take all reasonable precautions and care to 18
minimise the infection risk when providing personal appearance services to 19
a client. 20
Maximum penalty--500 penalty units. 21
(3) Division 4 provides for defences relating to this section. 22
20 How an obligation to minimise an infection risk may be 23
discharged if there is a regulation or infection control guideline 24
(1) If a regulation prescribes a way of minimising an infection risk, a 25
proprietor or operator may discharge the proprietor's or operator's 26
obligation relating to the risk only by following the prescribed way. 27
s 21 16 s 23
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(2) Subject to subsection (1), if infection control guidelines made by the 1
Minister state a way of minimising an infection risk, a business proprietor 2
or operator may discharge the proprietor's or operator's obligation to 3
minimise the risk only by-- 4
(a) adopting and following the stated way; or 5
(b) adopting and following another way that minimises the infection 6
risk. 7
21 How an obligation to minimise an infection risk may be 8
discharged if there is no regulation or infection control guideline 9
(1) This section applies if there is no regulation or infection control 10
guideline prescribing or stating a way to discharge a business proprietor's 11
or operator's obligation to minimise an infection risk. 12
(2) The proprietor or operator may choose an appropriate way to 13
discharge the proprietor's or operator's obligation to minimise the risk. 14
(3) However, the proprietor or operator discharges the proprietor's or 15
operator's obligation to minimise the risk only if the proprietor or operator 16
takes all reasonable precautions and care to minimise the risk. 17
Division 2--Further obligations for higher risk personal appearance 18
services 19
22 Licence required for business providing higher risk personal 20
appearance services 21
A person must not carry on business providing higher risk personal 22
appearance services unless the person holds a licence authorising the 23
person to carry on the business. 24
Maximum penalty--500 penalty units. 25
23 Premises at which higher risk personal appearance services may 26
be provided 27
A licensee must not provide higher risk personal appearance services 28
from premises unless the premises are stated on the licensee's licence. 29
Maximum penalty--500 penalty units. 30
s 24 17 s 26
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
24 Particular person must hold infection control qualification 1
A person must not personally provide a higher risk personal appearance 2
service unless the person holds an infection control qualification. 3
Maximum penalty--200 penalty units. 4
25 Business proprietor must ensure particular operator holds an 5
infection control qualification 6
A business proprietor must ensure an operator employed or otherwise 7
engaged by the proprietor does not provide a higher risk personal 8
appearance service to a client of the proprietor unless the operator holds an 9
infection control qualification. 10
Maximum penalty--500 penalty units. 11
Division 3--Obligations for non-higher risk personal appearance 12
services 13
26 Business proprietor must notify commencement of business 14
(1) Subsection (2) applies if a business proprietor starts carrying on 15
business providing non-higher risk personal appearance services in a local 16
government area. 17
(2) If required to do so under a local law of the local government for the 18
local government area, the business proprietor must give notice, as required 19
by this section, to the local government that the proprietor has started 20
carrying on business. 21
Maximum penalty--50 penalty units. 22
(3) Notice must be given to the local government within 30 days of 23
starting to carrying on business. 24
(4) The notice must state the following particulars-- 25
(a) the business proprietor's name and address; 26
(b) the type of business and the date the business proprietor started 27
carrying on business; 28
(c) for fixed premises, the address of the premises; 29
s 27 18 s 27
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(d) for mobile premises, a description of the premises that includes 1
the registration number if the premises are a vehicle that is 2
required to be registered. 3
(5) A local government must not charge a fee for a notice given under 4
this section. 5
(6) In this section-- 6
"address" means a place where the business proprietor resides or carries 7
on business. 8
Division 4--Defences 9
27 Defences for div 1 10
(1) Subsection (2) applies if-- 11
(a) there is a proceeding against a person for an offence against 12
section 192 relating to an infection risk; and 13
(b) there is an infection control guideline in force stating a way of 14
minimising the infection risk; and 15
(c) the prosecution has proved that the person has not adopted or 16
followed the stated way. 17
(2) In the proceeding against the person, it is a defence for the person to 18
prove the person, under section 20(2)(b), adopted and followed another 19
way that minimised the infection risk. 20
(3) Also, in a proceeding against a person for an offence against 21
section 19-- 22
(a) it is a defence for the person to prove that the commission of the 23
offence was due to causes over which the person had no control; 24
and 25
(b) the Criminal Code, sections 23 and 24,3 do not apply. 26
(4) In this section, a reference to an infection control guideline is a 27
reference to the guideline as in force at the time of the alleged offence. 28
2 Section 19 (Obligation of business proprietor and operator)
3 Criminal Code, sections 23 (Intention--motive) and 24 (Mistake of fact)
s 28 19 s 29
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
PART 3--INFECTION CONTROL GUIDELINES 1
28 Minister may make infection control guidelines 2
(1) The Minister may make guidelines ("infection control guidelines") 3
stating ways to minimise infection risks. 4
(2) An infection control guideline has no effect unless the Minister 5
notifies the making of the guideline. 6
(3) The chief executive must keep a copy of each infection control 7
guideline and any document applied, adopted or incorporated by the 8
guidelines available for inspection, without charge, during normal business 9
hours at the part of the department that deals with infection control. 10
(4) The chief executive must, if asked, state where a copy of an infection 11
control guideline may be obtained. 12
(5) A notice mentioned in subsection (2) is subordinate legislation. 13
29 Use of infection control guideline in a proceeding 14
In a proceeding under this Act a document purporting to be an infection 15
control guideline is admissible as evidence of the guideline if-- 16
(a) the proceeding relates to a contravention of an obligation 17
imposed on a person under section 19; and 18
(b) it is claimed that the person contravened the obligation by failing 19
to minimise an infection risk; and 20
(c) the infection control guideline is about minimising the infection 21
risk. 22
s 30 20 s 32
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
PART 4--LICENCES TO CARRY ON BUSINESS 1
PROVIDING HIGHER RISK PERSONAL APPEARANCE 2
SERVICES 3
Division 1--Applications for and issue of licences 4
30 Application for licence 5
(1) A person may apply for a licence to carry on business providing 6
higher risk personal appearance services. 7
(2) The application must be made to-- 8
(a) if the services are to be provided from fixed premises--the local 9
government for the area in which the premises are located; or 10
(b) if the services are to be provided from mobile premises--any 11
local government. 12
(3) An application may be made under subsection (2)(b) even though 13
services-- 14
(a) are to be, or may be, provided in another local government area; 15
and 16
(b) are not to be, or may not be, provided in the local government 17
area of the local government to which the application is made. 18
(4) The application must comply with section 58.4 19
31 Single licence may cover 2 or more premises 20
Subject to section 30, if the person proposes to carry on business from 21
2 or more premises, the person may apply to a local government for a 22
single licence to cover all the premises. 23
32 What the application must state 24
(1) The application must state the following-- 25
4 Section 58 (Applications)
s 33 21 s 34
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(a) the name and address of the applicant or, if the applicant is a 1
corporation, the corporation's registered office under the 2
Corporations Act and the names of its directors; 3
(b) for fixed premises, the address of the premises; 4
(c) for mobile premises-- 5
(i) a description of the premises that includes the registration 6
number if the premises are a vehicle that is required to be 7
registered; and 8
(ii) an address, in the local government area of the local 9
government to which the application is made, at which the 10
premises may be inspected for deciding the application; 11
(d) an address for service of documents; 12
(e) the details, required in the approved form for the application, to 13
enable the local government to decide whether-- 14
(i) the applicant is a suitable person to hold a licence; and 15
(ii) the premises at which higher risk personal appearance 16
services are to be provided are suitable for providing the 17
services. 18
(2) In this section-- 19
"address for service" means a place where the applicant resides or intends 20
to carry on business. 21
33 Consideration of application for licence 22
The local government must consider the application and either grant, or 23
refuse to grant, the application. 24
34 Criteria for granting application for licence 25
The local government may grant the application for a licence only if the 26
local government is satisfied-- 27
(a) the applicant is a suitable person to hold a licence; and 28
(b) the premises at which the higher risk personal appearance 29
services are to be provided are suitable for providing the 30
services. 31
s 35 22 s 35
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
35 Suitability of person to hold licence 1
(1) In deciding whether a person is a suitable person to hold a licence, 2
the local government may have regard to the following matters-- 3
(a) whether the person, or if the person is a corporation, an executive 4
officer of the corporation, has a conviction for a relevant offence, 5
other than a spent conviction; 6
(b) whether the person, or if the person is a corporation, an executive 7
officer of the corporation-- 8
(i) held a licence under this division, or a licence or registration 9
under a corresponding law, that was suspended or cancelled; 10
or 11
(ii) has been refused a licence under this division or a licence or 12
registration under a corresponding law; or 13
(iii) has had an application for the registration of an 14
establishment refused under the Health Regulation 1996, 15
part 15; or 16
(iv) has had the registration of an establishment suspended or 17
cancelled under the Health Regulation 1996, part 15; 18
(c) anything else relevant to the person's ability to conduct a 19
business providing higher risk personal appearance services in a 20
way that minimises infection risks. 21
(2) In this section-- 22
"corresponding law" means a law applying, or that applied, in another 23
State, the Commonwealth or a foreign country that provides, or 24
provided for the same matter as this Act or a provision of this Act. 25
"Health Regulation 1996, part 15" means the Health Regulation 1996, 26
part 155 as in force before the commencement of this Act. 27
"relevant offence" means-- 28
(a) an indictable offence, other than an indictable offence that is 29
taken to be a simple offence under the Criminal Code, 30
section 659; or 31
(b) an offence against this Act; or 32
5 Health Regulation 1996, part 15 (Skin penetration)
s 36 23 s 36
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(c) an offence against a corresponding law; or 1
(d) an offence against the Health Act 1937 or a law of another State 2
or the Commonwealth that provides for the same matter as that 3
Act or a provision of that Act; or 4
(e) an offence, relating to the provision of higher risk personal 5
appearance services, against a law applying, or that applied, in 6
the State, the Commonwealth, another State or a foreign country. 7
36 Suitability of premises at which higher risk personal appearance 8
services are to be provided 9
In deciding whether premises at which higher risk personal appearance 10
services are to be provided are suitable for providing the services, the local 11
government may have regard to all the following matters-- 12
(a) for fixed premises-- 13
(i) whether a certificate of classification under the Building Act 14
1975 is in force for the premises; and 15
(ii) whether the premises comply with the Queensland 16
Development Code, part 15; 17
(b) for mobile premises, whether the premises would comply with 18
the Queensland Development Code, part 15 to the extent the part 19
could reasonably apply to mobile premises if mobile premises 20
were a place of business under that part; 21
(c) whether cleaning and waste disposal equipment in the premises 22
will enable safe infection control practices; 23
(d) if equipment used in providing the higher risk personal 24
appearance services is to be sterilised in the premises, whether 25
the sterilising equipment will enable safe infection control 26
practices; 27
(e) if equipment used in providing the higher risk personal 28
appearance services is not to be sterilised in the premises, 29
whether appropriate arrangements have been made to have the 30
equipment sterilised at another place. 31
s 37 24 s 38
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
37 Inquiries into application for licence 1
(1) Before deciding the application, the local government-- 2
(a) may make inquiries to decide the suitability of-- 3
(i) the applicant to hold a licence; and 4
(ii) the premises for providing higher risk personal appearance 5
services; and 6
(b) may, by notice given to the applicant, require the applicant to 7
give the local government within the reasonable time of at least 8
40 days stated in the notice, further information or a document 9
the local government reasonably requires to decide the 10
application. 11
(2) The applicant is taken to have withdrawn the application if, within 12
the stated time, the applicant does not comply with a requirement under 13
subsection (1)(b). 14
(3) A notice under subsection (1)(b) must be given to the applicant 15
within 40 days after the local government receives the application. 16
(4) The information or document under subsection (1)(b) must, if the 17
notice requires, be verified by a statutory declaration. 18
38 Decision on application for licence 19
(1) If the local government decides to grant the application, the local 20
government must-- 21
(a) issue the licence to the applicant; and 22
(b) advise the applicant where a copy of the infection control 23
guidelines may be obtained. 24
(2) If the local government decides to impose conditions on the licence, 25
the local government must immediately give the applicant an information 26
notice for the decision. 27
(3) If the local government decides to refuse to grant the application, the 28
local government must immediately give the applicant an information 29
notice for the decision. 30
s 39 25 s 41
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
39 Failure to decide application for licence 1
(1) Subject to subsections (2) and (3), if the local government fails to 2
decide the application within 40 days after its receipt, the failure is taken to 3
be a decision by the local government to refuse to grant the application. 4
(2) Subsection (3) applies if-- 5
(a) a person has made an application for a licence; and 6
(b) the local government has under section 37(1)(b),6 required the 7
applicant to give the local government further information or a 8
document. 9
(3) The local government is taken to have refused to grant the 10
application if the local government does not decide the application within 11
40 days after the local government receives the further information or 12
document. 13
(4) If the application is refused under this section, the applicant is 14
entitled to be given an information notice by the local government for the 15
decision. 16
40 Term of licence 17
(1) A licence becomes effective on the day of its issue or renewal and 18
ends either-- 19
(a) 3 years after that day; or 20
(b) on the earlier day stated in the licence. 21
(2) The earlier day may be decided by the local government. 22
41 Conditions of licence 23
(1) A licence is subject to the following conditions-- 24
(a) the licensee must comply with this Act; 25
(b) the licensee must ensure that-- 26
(i) the licensee's licence, or a copy of the licence, is displayed 27
at each of the licensee's premises so that it is easily visible 28
to a person as the person enters the premises; and 29
6 Section 37 (Inquiries into application for licence)
s 42 26 s 42
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(ii) a copy of the infection control guidelines are kept at each 1
premises at which the licensee carries on business; and 2
(iii) each of the licensee's fixed premises comply with the 3
Queensland Development Code, part 15; and 4
(iv) each of the licensee's mobile premises comply with the 5
Queensland Development Code, part 15 to the extent the 6
part could reasonably apply to mobile premises if mobile 7
premises were a place of business under that part; and 8
(v) the fixtures, fittings and equipment in the licensee's 9
premises are maintained in good repair and operational 10
order; 11
12
Example--
13
Sterilising units must be regularly maintained.
(c) other reasonable conditions the local government considers 14
appropriate to give effect to this Act and that are stated in the 15
licence. 16
(2) Conditions may be imposed under subsection (1)(c)-- 17
(a) when a licence is issued, renewed, amended or transferred; or 18
(b) at another time if the local government considers this is 19
necessary to minimise the infection risk associated with the 20
provision of higher risk personal appearance services under the 21
licensee's licence. 22
(3) If the local government decides to impose conditions on the licence 23
under subsection (2)(b), the local government must immediately give the 24
licensee an information notice for the decision. 25
42 Licensee must comply with licence conditions 26
(1) A licensee must not contravene a condition of the licence. 27
Maximum penalty--200 penalty units. 28
(2) The penalty under subsection (1) may be imposed whether or not the 29
licence is suspended or cancelled because of the contravention. 30
s 43 27 s 44
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
43 Form of licence 1
(1) A licence must be in the approved form and must state the following 2
particulars-- 3
(a) the licensee's name and address for service of documents; 4
(b) for fixed premises, the address of the premises in the local 5
government area of the local government that issues the licence; 6
(c) for mobile premises, a description of the premises that includes 7
the registration number if the premises are a vehicle that is 8
required to be registered; 9
(d) the day the licence becomes effective; 10
(e) the term of the licence, including the day the licence expires; 11
(f) the licence number; 12
(g) the licence conditions. 13
(2) In this section-- 14
"address for service" means a place where the licensee resides or carries 15
on business. 16
Division 2--Renewal of licences 17
44 Applications for renewal of licence 18
(1) A licensee may apply to the local government that issued a licence 19
for the renewal of the licence. 20
(2) The application must be made at least 1 month before the licence 21
ends. 22
(3) The application must comply with section 58. 23
(4) The local government must consider the application and renew, or 24
refuse to renew, the licence. 25
(5) In deciding whether to grant the application, the local government 26
may have regard to-- 27
(a) the matters to which the local government may have regard in 28
deciding whether an applicant for a licence is a suitable person to 29
s 45 28 s 46
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
hold the licence and whether the premises are suitable for 1
providing higher risk personal appearance services;7 and 2
(b) the results of inspections to monitor compliance with this Act 3
during the current term of the licence. 4
(6) If the local government decides to refuse to renew the licence, the 5
local government must immediately give the licensee an information notice 6
for the decision. 7
(7) If the local government decides to impose conditions on the licence, 8
the local government must immediately give the licensee an information 9
notice for the decision. 10
(8) A licence may be renewed by-- 11
(a) endorsing the existing licence; or 12
(b) cancelling the existing licence and issuing another licence. 13
45 Inquiries into application for renewal of licence 14
(1) Before deciding the application, the local government may, by notice 15
given to the licensee, require the licensee to give the local government, 16
within a reasonable period of at least 40 days stated in the notice, further 17
information or a document the local government reasonably requires to 18
decide the application. 19
(2) The licensee is taken to have withdrawn the application if, within the 20
stated period, the licensee does not comply with the requirement. 21
46 Licence taken to be in force while application for renewal is 22
considered 23
(1) If an application is made under section 44, the licensee's licence is 24
taken to continue in force from the day that it would, apart from this 25
section, have ended until the application is decided under section 44 or 26
taken to have been withdrawn under section 45(2). 27
(2) However, if the application is refused, the licence continues in force 28
until the information notice for the decision is given to the licensee. 29
7 Sections 35 and 36 state the matters.
s 47 29 s 48
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(3) Subsection (1) does not apply if the licence is earlier suspended or 1
cancelled. 2
Division 3--Amendment of licences 3
47 Application for amendment of licence 4
(1) A licensee may apply to the local government that issued a licence 5
for an amendment of the licence. 6
(2) The application must comply with section 58. 7
(3) The local government must consider the application and amend, or 8
refuse to amend, the licence. 9
(4) Without limiting subsection (1), the local government may amend a 10
licence by changing the location of the premises, or adding additional 11
premises, from which the licensee proposes to carry on business providing 12
higher risk personal appearance services. 13
(5) If the amendment relates to the premises covered by the licence, the 14
local government may amend the licence only if the local government is 15
satisfied on reasonable grounds that the premises comply with the 16
requirements of this Act. 17
(6) If the local government decides to refuse to amend the licence, the 18
local government must immediately give the licensee an information notice 19
for the decision. 20
(7) If the local government decides to impose conditions on the amended 21
licence, the local government must immediately give the licensee an 22
information notice for the decision. 23
(8) A licence may be amended by-- 24
(a) endorsing the existing licence with details of the amendment; or 25
(b) cancelling the existing licence and issuing another licence 26
containing the amendment. 27
48 Inquiries into application for amendment 28
(1) Before deciding the application, the local government may, by notice 29
given to the licensee, require the licensee to give the local government, 30
within a reasonable period of at least 40 days stated in the notice, further 31
s 49 30 s 49
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
information or a document the local government reasonably requires to 1
decide the application. 2
(2) The licensee is taken to have withdrawn the application if, within the 3
stated period, the licensee does not comply with the requirement. 4
Division 4--Transfer of licences 5
49 Application for transfer of licence 6
(1) A licensee may apply to the local government that issued a licence 7
for the transfer of the licence. 8
(2) The application must comply with section 58. 9
(3) The local government must consider the application and either grant 10
or refuse to grant the application. 11
(4) The local government may grant the application only if the local 12
government is satisfied-- 13
(a) the proposed transferee is a suitable person to hold a licence; and 14
(b) the premises at which the higher risk personal appearance 15
services are to be provided are suitable for providing the 16
services. 17
(5) In deciding whether to grant the application, the local government 18
may, in relation to the proposed transferee, have regard to the matters to 19
which the local government may have regard in deciding whether a person 20
is a suitable person to hold a licence and whether the premises are suitable 21
for providing higher risk personal appearance services.8 22
(6) If the local government decides to refuse to transfer the licence, the 23
local government must immediately give the licensee an information notice 24
for the decision. 25
(7) If the local government decides to impose conditions on the 26
transferred licence, the local government must immediately give the 27
transferee an information notice for the decision. 28
8 Sections 35 and 36 state the matters.
s 50 31 s 51
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(8) A licence may be transferred by-- 1
(a) endorsing the existing licence with details of the transfer; or 2
(b) cancelling the existing licence and issuing another licence to the 3
transferee. 4
50 Inquiries into application for transfer of licence 5
(1) Before deciding the application, the local government may, by notice 6
given to the licensee, require the licensee to give the local government, 7
within a reasonable period of at least 40 days stated in the notice, further 8
information or a document the local government reasonably requires to 9
decide the application. 10
(2) The licensee is taken to have withdrawn the application if, within the 11
stated period, the licensee does not comply with the requirement. 12
Division 5--Suspension or cancellation of licences 13
51 Grounds for suspension or cancellation 14
(1) Each of the following is a ground for suspending or cancelling a 15
licence-- 16
(a) the licensee is not, or is no longer, a suitable person to hold the 17
licence; 18
(b) the licensee has contravened a condition of the licence; 19
(c) the licence was issued because of a materially false or misleading 20
representation or declaration. 21
(2) For forming a belief that the ground mentioned in subsection (1)(a) 22
exists, the local government may have regard to the matters to which the 23
local government may have regard in deciding whether a proposed licensee 24
is a suitable person to hold the licence.9 25
9 Section 35 states the matters.
s 52 32 s 53
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
52 Show cause notice 1
(1) This section applies if the local government that issued a licence 2
believes a ground exists to suspend or cancel the licence, and-- 3
(a) the licensee has not been given, and it is not intended to give the 4
licensee, a remedial notice about a matter to which the ground 5
relates; or 6
(b) the licensee has been given a remedial notice about a matter to 7
which the ground relates and the licensee has failed, without a 8
reasonable excuse, to comply with the notice. 9
(2) The local government must give the licensee a notice under this 10
section (a "show cause notice"). 11
(3) The show cause notice must state the following-- 12
(a) the action (the "proposed action") the local government 13
proposes taking under this division; 14
(b) the grounds for the proposed action; 15
(c) an outline of the facts and circumstances forming the basis for 16
the grounds; 17
(d) if the proposed action is suspension of the licence--the proposed 18
suspension period; 19
(e) an invitation to the licensee to show within a stated period (the 20
"show cause period") why the proposed action should not be 21
taken. 22
(4) The show cause period must be a period ending at least 21 days after 23
the show cause notice is given to the licensee. 24
53 Representations about show cause notices 25
(1) The licensee may make written representations about the show cause 26
notice to the local government in the show cause period. 27
(2) The local government must consider all representations (the 28
"accepted representations") made under subsection (1). 29
s 54 33 s 56
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
54 Ending show cause process without further action 1
(1) This section applies if, after considering the accepted representations 2
for the show cause notice, the local government no longer believes a 3
ground exists to suspend or cancel the licence. 4
(2) The local government must not take any further action about the 5
show cause notice. 6
(3) The local government must give the licensee a notice that no further 7
action is to be taken about the show cause notice. 8
55 Suspension or cancellation 9
(1) This section applies if, after considering the accepted representations 10
for the show cause notice, the local government-- 11
(a) still believes a ground exists to suspend or cancel the licence; and 12
(b) believes suspension or cancellation of the licence is warranted. 13
(2) This section also applies if there are no accepted representations for 14
the show cause notice. 15
(3) The local government may-- 16
(a) if the proposed action stated in the show cause notice was to 17
suspend the licence for a stated period--suspend the licence for 18
not longer than the stated period; or 19
(b) if the proposed action stated in the show cause notice was to 20
cancel the licence--either cancel the licence or suspend it for a 21
period. 22
(4) The local government must immediately give an information notice 23
for the decision to the licensee. 24
(5) The decision takes effect on the later of the following days-- 25
(a) the day the information notice is given to the licensee; 26
(b) the day stated in the information notice for that purpose. 27
56 Immediate suspension of licence 28
(1) The local government may suspend a licence immediately if the local 29
government believes-- 30
s 57 34 s 57
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(a) a ground exists to suspend or cancel the licence; and 1
(b) it is necessary to suspend the licence immediately because there 2
is an immediate and serious risk of infection to the licensee's 3
clients. 4
(2) The suspension-- 5
(a) must be effected by an information notice given by the local 6
government to the licensee about the decision to suspend the 7
licencee's licence together with a show cause notice; and 8
(b) operates immediately the notices are given; and 9
(c) continues to operate until the earliest of the following happens-- 10
(i) the local government cancels the remaining period of the 11
suspension; 12
(ii) the show cause notice is finally dealt with; 13
(iii) 40 days have passed since the notices were given to the 14
licensee. 15
(3) Subsection (4) applies if-- 16
(a) a suspension under this section stops because-- 17
(i) the local government cancels the remaining period of the 18
suspension; or 19
(ii) the show cause notice is finally dealt with by a decision 20
being made not to cancel or suspend the licence; or 21
(iii) 40 days have passed since the notices mentioned in 22
subsection (2)(a) were given to the licensee; and 23
(b) the licensee has returned the licence to the local government 24
under section 57. 25
(4) The local government must, as soon as practicable, give the licence to 26
the licensee. 27
57 Return of cancelled or suspended licence to local government 28
(1) This section applies if the local government has cancelled or 29
suspended a licence and given an information notice for the decision to the 30
licensee. 31
s 58 35 s 60
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(2) The licensee must return the licence to the local government within 1
7 days after receiving the information notice, unless the licensee has a 2
reasonable excuse. 3
Maximum penalty for subsection (2)--20 penalty units. 4
Division 6--Other provisions about licences 5
58 Applications 6
(1) This section applies to the following applications-- 7
(a) an application for a licence under section 30; 8
(b) an application for the renewal of a licence under section 44; 9
(c) an application for an amendment of a licence under section 47; 10
(d) an application for the transfer of a licence under section 49. 11
(2) The application must-- 12
(a) be in the approved form; and 13
(b) be signed by or for the applicant; and 14
(c) be accompanied by the fee for the application. 15
59 Licence issued to more than 1 person 16
If a licence is issued jointly to more than 1 person, a reference in this Act 17
to the licensee is a reference to each of the persons. 18
60 Surrender of licence 19
(1) A licensee may surrender the licence by notice given to the local 20
government that issued the licence. 21
(2) The licence must accompany the notice. 22
(3) The surrender takes effect on the later of the following-- 23
(a) the day the notice is given; 24
(b) the day specified in the notice. 25
s 61 36 s 64
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
61 Application for replacement of licence 1
(1) A licensee may apply for replacement of the licensee's licence if the 2
licence has been damaged, destroyed, lost or stolen. 3
(2) The application must-- 4
(a) be made to the local government that issued the licence; and 5
(b) include information about the circumstances in which the licence 6
was damaged, destroyed, lost or stolen; and 7
(c) be accompanied by the fee for the application. 8
62 Decision about application for replacement of licence 9
(1) The local government must consider the application and either grant, 10
or refuse to grant, the application. 11
(2) The local government must grant the application if the local 12
government is satisfied the licence has been destroyed, lost or stolen, or 13
damaged in a way to require its replacement. 14
(3) If the local government decides to grant the application, the local 15
government must, as soon as practicable, issue another licence to the 16
applicant to replace the damaged, destroyed, lost or stolen licence. 17
(4) If the local government decides to refuse to grant the application, the 18
local government must immediately give the applicant an information 19
notice for the decision. 20
63 False or misleading statements 21
A person must not, for an application made under this part, state 22
anything the person knows is false or misleading in a material particular. 23
Maximum penalty--50 penalty units. 24
64 False or misleading documents 25
(1) A person must not, for an application made under this part, give a 26
document containing information the person knows is false or misleading 27
in a material particular. 28
Maximum penalty--50 penalty units. 29
s 65 37 s 65
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(2) Subsection (1) does not apply to a person if the person, when giving 1
the document-- 2
(a) tells the local government, to the best of the person's ability, how 3
it is false or misleading; and 4
(b) if the person has, or can reasonably obtain, the correct 5
information--gives the correct information to the local 6
government. 7
PART 5--MOBILE HIGHER RISK PERSONAL 8
APPEARANCE SERVICES 9
65 Notification of intention to provide services from mobile premises 10
(1) This section applies if a licensee intends to provide higher risk 11
personal appearance services from mobile premises to which the licence 12
relates in the local government area of a second local government. 13
(2) At least 7 days before the licensee provides the higher risk personal 14
appearance services, the licensee must notify the second local government 15
of the following-- 16
(a) the dates the licensee intends to provide higher risk personal 17
appearance services in the second local government area; 18
(b) the places at which the higher risk personal appearance services 19
are intended to be provided; 20
(c) the licensee's licence details; 21
(d) details of the infection control qualification of the operator who 22
will provide the higher risk personal appearance services; 23
(e) other information reasonably required by the second local 24
government to ensure the licensee and operator will take 25
reasonable precautions and care to minimise the risk of infection 26
in providing the higher risk personal appearance services. 27
Maximum penalty--50 penalty units. 28
(3) However, notification under subsection (2) may be a period that is 29
less than 7 days if the second local government agrees to the lesser period. 30
s 66 38 s 68
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(4) Notification under subsection (2) must be by-- 1
(a) phone; or 2
(b) letter, fax, email or other means of written communication. 3
(5) If the licensee notifies the second local government by phone, the 4
licensee must immediately confirm the details provided by letter, fax, email 5
or other means of written communication. 6
Maximum penalty--10 penalty units. 7
66 Obligations of licensee while in second local government area 8
For the period the licensee provides higher risk personal appearance 9
services from mobile premises in a second local government area the 10
licensee has the obligations under the licensee's licence. 11
67 Action that may be taken by second local government 12
(1) This section applies for the period the licensee provides higher risk 13
personal appearance services from mobile premises in a second local 14
government area. 15
(2) The second local government has the same powers as the first local 16
government would have had if the higher risk personal appearance services 17
were being provided in the first local government area. 18
(3) However, the second local government may not cancel, suspend, 19
impose conditions on, or take any other action in relation to the licensee's 20
licence. 21
68 Notification to first local government 22
(1) This section applies if-- 23
(a) a licensee or an operator employed or otherwise engaged by the 24
licensee has provided higher risk personal appearance services 25
from mobile premises in a second local government area; and 26
(b) the second local government considers that the licensee or 27
operator has done or omitted to do something that, if done or 28
omitted to be done in the first local government area, would be a 29
contravention of the conditions of the licensee's licence. 30
s 69 39 s 70
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(2) The second local government may advise the first local government 1
of the thing done or omitted to be done. 2
69 Action that may be taken by first local government 3
(1) This section applies if the second local government has advised the 4
first local government of a thing done or omitted to be done by the licensee 5
or an operator employed or otherwise engaged by the licensee while in the 6
second local government area. 7
(2) The first local government may take action in relation to the thing 8
done or omitted to be done by the licensee or operator as if the thing had 9
been done or omitted to be done in the first local government area. 10
PART 6--INVESTIGATION AND ENFORCEMENT 11
Division 1--Authorised persons 12
70 Appointment and qualifications 13
(1) A local government may appoint any of the following persons as 14
authorised persons for the local government and its area-- 15
(a) employees of the local government; 16
(b) if another local government consents--employees of the other 17
local government; 18
(c) other persons under contract to the local government. 19
(2) However, a local government may appoint a person as an authorised 20
person only if the local government is satisfied the person is qualified for 21
appointment because the person has the necessary expertise or experience 22
to be an authorised person. 23
s 71 40 s 74
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
71 Powers of authorised person limited to local government area 1
An authorised person may exercise a power under this Act only in 2
relation to the local government and its area for which the person is 3
appointed. 4
72 Appointment conditions and limit on powers 5
(1) An authorised person holds office on any conditions stated in-- 6
(a) the authorised person's instrument of appointment; or 7
(b) a signed notice given to the authorised person. 8
(2) The instrument of appointment or a signed notice given to the 9
authorised person may limit the authorised person's powers under this Act. 10
(3) In this section-- 11
"signed notice" means a notice signed by the local government. 12
73 Functions of authorised persons 13
An authorised person has the following functions relating to the 14
provision of personal appearance services-- 15
(a) to enforce this Act; 16
(b) to monitor compliance with this Act by inspecting businesses 17
providing personal appearance services; 18
(c) to help achieve the purpose of this Act by providing advice and 19
information on how the purpose may be achieved. 20
74 Issue of identity cards 21
(1) The local government must issue an identity card to each authorised 22
person. 23
(2) The identity card must-- 24
(a) contain a copy of a recent photo of the authorised person; and 25
(b) contain a copy of the authorised person's signature; and 26
(c) identify the person as an authorised person under this Act; and 27
(d) state an expiry date for the card. 28
s 75 41 s 77
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(3) This section does not prevent the issue of a single identity card to a 1
person for this Act and other purposes. 2
75 Production or display of identity card 3
(1) In exercising a power under this Act in relation to a person, an 4
authorised person must-- 5
(a) produce the authorised person's identity card for the other 6
person's inspection before exercising the power; or 7
(b) have the identity card displayed so it is clearly visible to the other 8
person when exercising the power. 9
(2) However, if it is not practicable to comply with subsection (1), the 10
authorised person must produce the identity card for the other person's 11
inspection at the first reasonable opportunity. 12
(3) For subsection (1), an authorised person does not exercise a power in 13
relation to a person only because the authorised person has entered a place 14
as mentioned in section 79(1)(b) or (2). 15
76 When authorised person ceases to hold office 16
(1) An authorised person ceases to hold office if any of the following 17
happens-- 18
(a) the term of office stated in a condition of office ends; 19
(b) under another condition of office, the authorised person ceases to 20
hold office; 21
(c) the authorised person's resignation under section 77 takes effect. 22
(2) Subsection (1) does not limit the ways an authorised person may 23
cease to hold office. 24
(3) In this section-- 25
"condition of office" means a condition on which the authorised person 26
holds office. 27
77 Resignation 28
An authorised person may resign by notice to the local government. 29
s 78 42 s 79
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
78 Return of identity card 1
A person who ceases to be an authorised person must return the person's 2
identity card to the local government within 21 days after ceasing to be an 3
authorised person, unless the person has a reasonable excuse. 4
Maximum penalty--10 penalty units. 5
Division 2--Powers of authorised persons 6
Subdivision 1--Entry of places 7
79 Power to enter places 8
(1) An authorised person may enter a place if-- 9
(a) its occupier consents to the entry; or 10
(b) it is a public place and the entry is made when it is open to the 11
public; or 12
(c) the entry is authorised by a warrant; or 13
(d) it is premises at which a business proprietor carries on business 14
providing personal appearance services and is-- 15
(i) open for carrying on business; or 16
(ii) otherwise open for entry. 17
(2) For the purpose of asking the occupier of a place for consent to enter, 18
an authorised person may, without the occupier's consent or a warrant-- 19
(a) enter land around premises at the place to an extent that is 20
reasonable to contact the occupier; or 21
(b) enter part of the place the authorised person reasonably considers 22
members of the public ordinarily are allowed to enter when they 23
wish to contact the occupier. 24
(3) For subsection (1)(d), premises does not include a part of the place 25
where a person resides. 26
s 80 43 s 80
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
Subdivision 2--Procedure for entry 1
80 Entry with consent 2
(1) This section applies if an authorised person intends to ask the 3
occupier of a place to consent to the authorised person or another 4
authorised person entering the place. 5
(2) Before asking for the consent, the authorised person must tell the 6
occupier-- 7
(a) the purpose of the entry; and 8
(b) that the occupier is not required to consent. 9
(3) If the consent is given, the authorised person may ask the occupier to 10
sign an acknowledgment of the consent. 11
(4) The acknowledgment must state-- 12
(a) the occupier has been told-- 13
(i) the purpose of the entry; and 14
(ii) that the occupier is not required to consent; and 15
(b) the purpose of the entry; and 16
(c) the occupier gives the authorised person consent to enter the 17
place and exercise powers under this division; and 18
(d) the time and date the consent was given. 19
(5) If the occupier signs an acknowledgment, the authorised person must 20
immediately give a copy to the occupier. 21
(6) If-- 22
(a) an issue arises in a proceeding about whether the occupier 23
consented to the entry; and 24
(b) an acknowledgment complying with subsection (4) for the entry 25
is not produced in evidence; 26
the onus of proof is on the person relying on the lawfulness of the entry to 27
prove the occupier consented. 28
s 81 44 s 82
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
81 Application for warrant 1
(1) An authorised person may apply to a magistrate for a warrant for a 2
place. 3
(2) The application must be sworn and state the grounds on which the 4
warrant is sought. 5
(3) The magistrate may refuse to consider the application until the 6
authorised person gives the magistrate all the information the magistrate 7
requires about the application in the way the magistrate requires. 8
9
Example--
10
The magistrate may require additional information supporting the application to be
11
given by statutory declaration.
82 Issue of warrant 12
(1) The magistrate may issue a warrant only if the magistrate is satisfied 13
there are reasonable grounds for suspecting-- 14
(a) there is a particular thing or activity (the "evidence") that may 15
provide evidence of an offence against this Act; and 16
(b) the evidence is at the place, or may be at the place, within the 17
next 7 days. 18
(2) The warrant must state-- 19
(a) that a stated authorised person may, with necessary and 20
reasonable help and force-- 21
(i) enter the place and any other place necessary for entry; and 22
(ii) exercise the authorised person's powers under this division; 23
and 24
(b) the offence for which the warrant is sought; and 25
(c) the evidence that may be seized under the warrant; and 26
(d) the hours of the day or night when the place may be entered; and 27
(e) the date, within 14 days after the warrant's issue, the warrant 28
ends. 29
s 83 45 s 83
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
83 Special warrants 1
(1) An authorised person may apply for a warrant (a "special warrant") 2
by phone, fax, radio or another form of communication if the authorised 3
person considers it necessary because of-- 4
(a) urgent circumstances; or 5
(b) other special circumstances, including, for example, the 6
authorised person's remote location. 7
(2) Before applying for the special warrant, the authorised person must 8
prepare an application stating the grounds on which the warrant is sought. 9
(3) The authorised person may apply for the special warrant before the 10
application is sworn. 11
(4) After issuing the special warrant, the magistrate must immediately 12
fax a copy ("facsimile warrant") to the authorised person if it is 13
reasonably practicable to fax the copy. 14
(5) If it is not reasonably practicable to fax a copy to the authorised 15
person-- 16
(a) the magistrate must tell the authorised person-- 17
(i) what the terms of the warrant are; and 18
(ii) the date and time the warrant is issued; and 19
(b) the authorised person must complete a form of warrant (a 20
"warrant form") and write on it-- 21
(i) the magistrate's name; and 22
(ii) the date and time the magistrate issued the special warrant; 23
and 24
(iii) the terms of the special warrant. 25
(6) The facsimile warrant, or the warrant form properly completed by the 26
authorised person, authorises the entry and the exercise of the other powers 27
stated in the warrant issued. 28
(7) The authorised person must, at the first reasonable opportunity, send 29
to the magistrate-- 30
(a) the sworn application; and 31
(b) if the authorised person completed a warrant form--the 32
completed warrant form. 33
s 84 46 s 84
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(8) On receiving the documents, the magistrate must attach them to the 1
special warrant. 2
(9) If-- 3
(a) an issue arises in a proceeding about whether an exercise of a 4
power was authorised by a special warrant; and 5
(b) the warrant is not produced in evidence; 6
the onus of proof is on the person relying on the lawfulness of the exercise 7
of the power to prove a special warrant authorised the exercise of 8
the power. 9
84 Warrants--procedure before entry 10
(1) This section applies if an authorised person named in a warrant 11
issued under this division for a place is intending to enter the place under 12
the warrant. 13
(2) Before entering the place, the authorised person must do or make a 14
reasonable attempt to do the following things-- 15
(a) identify himself or herself to a person present at the place who is 16
an occupier of the place by producing a copy of the authorised 17
person's identity card or other document evidencing the 18
authorised person's appointment; 19
(b) give the person a copy of the warrant or, if the entry is authorised 20
by a facsimile warrant or warrant form mentioned in 21
section 83(6), a copy of the facsimile warrant or warrant form; 22
(c) tell the person the authorised person is permitted by the warrant 23
to enter the place; 24
(d) give the person an opportunity to allow the authorised person 25
immediate entry to the place without using force. 26
(3) However, the authorised person need not comply with subsection (2) 27
if the authorised person believes on reasonable grounds that immediate 28
entry to the place is required to ensure the effective execution of the 29
warrant is not frustrated. 30
s 85 47 s 85
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
85 Stopping motor vehicle 1
(1) This section applies if an authorised person suspects on reasonable 2
grounds, or is aware, that a thing in or on a motor vehicle may provide 3
evidence of the commission of an offence against this Act. 4
(2) For the purpose of exercising the powers of an authorised person 5
under this division, an authorised person may-- 6
(a) if the motor vehicle is moving--ask or signal the person in 7
control of the motor vehicle to stop the motor vehicle; and 8
(b) whether or not the motor vehicle is moving--ask or signal the 9
person in control of the motor vehicle to bring the motor vehicle 10
to a convenient place within a reasonable distance to allow the 11
authorised person to exercise the authorised person's powers 12
under this division. 13
(3) When asking or signalling the person in control of a moving vehicle 14
to stop the vehicle or bring it to a convenient place, the authorised person 15
must clearly identify himself or herself as an authorised person exercising 16
the authorised person's powers under this Act. 17
18
Examples--
19
1. If the authorised person is in a moving motor vehicle, he or she may use a loud
20
hailer to identify himself of herself as an authorised person exercising powers
21
under this Act.
22
2. If the authorised person is standing at the side of the road, he or she may use a sign
23
to identify himself of herself as an authorised person exercising powers under this
24
Act.
(4) Despite section 75,10 for the purpose of exercising a power under 25
subsection (2)(a), the authorised person must-- 26
(a) have with him or her the authorised person's identity card; and 27
(b) produce the identity card for the person's inspection immediately 28
after the motor vehicle is stopped. 29
(5) The person must comply with the authorised person's request or 30
signal, unless the person has a reasonable excuse. 31
Maximum penalty--50 penalty units. 32
10 Section 75 (Production or display of identity card)
s 86 48 s 86
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(6) It is a reasonable excuse for the person not to obey the request or 1
signal if-- 2
(a) in a case to which subsection (3) applies, the authorised person 3
has not complied with the subsection; or 4
(b) to immediately obey the request or signal would have 5
endangered the person or someone else or caused loss or damage 6
to property, and the person obeys the request or signal as soon as 7
it is practicable to obey it. 8
(7) If the motor vehicle is stopped, the authorised person may direct the 9
person-- 10
(a) not to move the motor vehicle until the authorised person has 11
exercised the authorised person's powers under this division; or 12
(b) to move the motor vehicle to, and keep it at, a stated reasonable 13
place to allow the authorised person to exercise the authorised 14
person's powers under this division. 15
(8) When giving the direction, the authorised person must warn the 16
person it is an offence not to comply with the direction, unless the person 17
has a reasonable excuse. 18
(9) The person must comply with the authorised person's direction, 19
unless the person has a reasonable excuse. 20
Maximum penalty for subsection (9)--50 penalty units. 21
Subdivision 3--Powers after entry 22
86 General powers after entering places 23
(1) This section applies to an authorised person who enters a place. 24
(2) However, if an authorised person enters a place to get the occupier's 25
consent to enter a place, this section applies to the authorised person only if 26
the consent is given or the entry is otherwise authorised. 27
(3) For monitoring and enforcing compliance with this Act, the 28
authorised person may-- 29
(a) search any part of the place; or 30
(b) inspect, measure, test, photograph or film any part of the place or 31
anything at the place; or 32
s 87 49 s 88
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(c) take a thing, or a sample of or from a thing, at the place for 1
analysis or testing; or 2
(d) take an extract from, or copy, a document at the place; or 3
(e) take into or onto the place any persons, equipment and materials 4
the authorised person reasonably requires for exercising a power 5
under this division; or 6
(f) require the occupier of the place, or a person at the place, to give 7
the authorised person reasonable help to exercise the authorised 8
person's powers under paragraphs (a) to (e); or 9
(g) require the occupier of the place, or a person at the place, to give 10
the authorised person information to help the authorised person 11
find out whether this Act is being complied with. 12
(4) When making a requirement mentioned in subsection (3)(f) or (g), 13
the authorised person must warn the person it is an offence to fail to 14
comply with the requirement, unless the person has a reasonable excuse. 15
87 Failure to help authorised person 16
(1) A person required to give reasonable help under section 86(3)(f) 17
must comply with the requirement, unless the person has a reasonable 18
excuse. 19
Maximum penalty--50 penalty units. 20
(2) If a requirement under section 86(3)(f) relates to a document, it is a 21
reasonable excuse for the person not to comply with the requirement that 22
complying with the requirement might tend to incriminate the person. 23
88 Failure to give information 24
(1) A person of whom a requirement is made under section 86(3)(g) 25
must comply with the requirement, unless the person has a reasonable 26
excuse.11 27
Maximum penalty--50 penalty units. 28
11 Also, a person must not state anything the person knows to be false or misleading in
a material particular--see section 115 (False or misleading statements).
s 89 50 s 90
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(2) It is a reasonable excuse for the person to fail to comply with the 1
requirement that complying with the requirement might tend to incriminate 2
the person. 3
Subdivision 4--Power to seize evidence 4
89 Seizing evidence at a place that may be entered without consent or 5
warrant 6
An authorised person who enters a place under this division without the 7
consent of the occupier and without a warrant, may seize a thing at the 8
place only if the authorised person reasonably believes the thing is 9
evidence of an offence against this Act. 10
90 Seizing evidence at a place that may only be entered with consent 11
or warrant 12
(1) This section applies if-- 13
(a) an authorised person is authorised to enter a place under this 14
division only with the consent of the occupier or a warrant; and 15
(b) the authorised person enters the place after obtaining the 16
necessary consent or warrant. 17
(2) If the authorised person enters the place with the occupier's consent, 18
the authorised person may seize a thing at the place only if-- 19
(a) the authorised person reasonably believes the thing is evidence of 20
an offence against this Act; and 21
(b) seizure of the thing is consistent with the purpose of entry as told 22
to the occupier when asking for the occupier's consent. 23
(3) If the authorised person enters the place with a warrant, the 24
authorised person may seize the evidence for which the warrant was issued. 25
(4) The authorised person also may seize anything else at the place if the 26
authorised person reasonably believes-- 27
(a) the thing is evidence of an offence against this Act; and 28
(b) the seizure is necessary to prevent the thing being-- 29
s 91 51 s 93
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(i) hidden, lost or destroyed; or 1
(ii) used to continue, or repeat, the offence. 2
(5) Also, the authorised person may seize a thing at the place if the 3
authorised person reasonably believes it has just been used in committing 4
an offence against this Act. 5
91 Securing seized things 6
Having seized a thing, an authorised person may-- 7
(a) move the thing from the place where it was seized (the "place of 8
seizure"); or 9
(b) leave the thing at the place of seizure, but take reasonable action 10
to restrict access to it. 11
12
Examples of restricting access to a thing--
13
1. Sealing a thing and marking it to show access to it is restricted.
14
2. Sealing the entrance to a room where the thing is situated and marking
15
it to show access to it is restricted.
92 Tampering with seized things 16
(1) If an authorised person restricts access to a seized thing, a person 17
must not tamper with the thing, or something restricting access to the thing, 18
without an authorised person's approval. 19
Maximum penalty--50 penalty units. 20
(2) In this section-- 21
"tamper" includes attempt to tamper. 22
93 Powers to support seizure 23
(1) To enable a thing to be seized, an authorised person may require the 24
person in control of it-- 25
(a) to take it to a stated reasonable place by a stated reasonable time; 26
and 27
(b) if necessary, to remain in control of it at the stated place for a 28
reasonable time. 29
s 94 52 s 95
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(2) The requirement-- 1
(a) must be made by notice; or 2
(b) if for any reason it is not practicable to give the notice, may be 3
made orally and confirmed by notice as soon as practicable. 4
(3) A further requirement may be made under this section about the 5
same thing if it is necessary and reasonable to make the further 6
requirement. 7
(4) A person of whom the requirement is made under subsection (1) 8
or (3) must comply with the requirement, unless the person has a 9
reasonable excuse. 10
Maximum penalty--50 penalty units. 11
(5) Subject to section 114, the cost of complying with subsection (4)
12
12
must be borne by the person. 13
94 Authorised person may require thing's return 14
(1) If an authorised person has required a person to take a thing to a 15
stated place by a stated reasonable time under section 93 the authorised 16
person may require the person to return the thing to the place from which it 17
was taken. 18
(2) A person of whom the requirement is made under subsection (1) 19
must comply with the requirement, unless the person has a reasonable 20
excuse. 21
Maximum penalty--50 penalty units. 22
(3) Subject to section 114, the cost of complying with subsection (2) 23
must be borne by the person. 24
95 Receipts for seized things 25
(1) As soon as practicable after an authorised person seizes a thing, the 26
authorised person must give a receipt for it to the person from whom it was 27
seized. 28
12 Section 114 (Compensation)
s 96 53 s 97
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(2) However, if for any reason it is not practicable to comply with 1
subsection (1), the authorised person must leave the receipt at the place of 2
seizure in a conspicuous position and in a reasonably secure way. 3
(3) The receipt must describe generally each thing seized and its 4
condition. 5
(4) This section does not apply to a thing if it is impracticable or would 6
be unreasonable to give the receipt, given the thing's nature, condition and 7
value. 8
96 Forfeiture of seized things 9
(1) A seized thing is forfeited to the local government for whom the 10
authorised person was acting if the authorised person who seized the 11
thing-- 12
(a) can not find its owner, after making reasonable inquiries; or 13
(b) can not return it to its owner, after making reasonable efforts. 14
(2) In applying subsection (1)-- 15
(a) subsection (1)(a) does not require the authorised person to make 16
inquiries if it would be unreasonable to make inquiries to find the 17
owner; and 18
(b) subsection (1)(b) does not require the authorised person to make 19
efforts if it would be unreasonable to make efforts to return the 20
thing to its owner. 21
(3) Regard must be had to a thing's nature, condition and value in 22
deciding-- 23
(a) whether it is reasonable to make inquiries or efforts; and 24
(b) if making inquiries or efforts, what inquiries or efforts, including 25
the period over which they are made, are reasonable. 26
97 Return of seized things 27
(1) If a thing has been seized but not forfeited, the authorised person 28
must return it to its owner-- 29
(a) at the end of 6 months; or 30
s 98 54 s 99
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(b) if a proceeding for an offence involving the thing is started within 1
6 months, at the end of the proceeding and any appeal from the 2
proceeding. 3
(2) However, unless the thing has been forfeited, the authorised person 4
must immediately return a thing seized as evidence to its owner if the 5
authorised person stops being satisfied its continued retention as evidence 6
is necessary. 7
98 Access to seized things 8
(1) Until a thing that has been seized is forfeited or returned, an 9
authorised person must allow its owner to inspect it and, if it is a document, 10
to copy it. 11
(2) Subsection (1) does not apply if it is impracticable or would be 12
unreasonable to allow the inspection or copying. 13
Subdivision 5--Power to obtain information 14
99 Power to require name and address 15
(1) This section applies if-- 16
(a) an authorised person finds a person committing an offence 17
against this Act; or 18
(b) an authorised person finds a person in circumstances that lead, or 19
has information that leads, the authorised person reasonably to 20
suspect the person has just committed an offence against this Act. 21
(2) The authorised person may require the person to state the person's 22
name and residential address. 23
(3) When making the requirement, the authorised person must warn the 24
person it is an offence to fail to state the person's name or residential 25
address, unless the person has a reasonable excuse. 26
(4) The authorised person may require the person to give the authorised 27
person evidence of the correctness of the stated name or residential address 28
if the authorised person reasonably suspects the stated name or address to 29
be false. 30
s 100 55 s 101
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(5) A requirement under subsection (2) or (4) is a "personal details 1
requirement". 2
100 Failure to give name or address 3
(1) A person of whom a personal details requirement is made must 4
comply with the requirement, unless the person has a reasonable excuse. 5
Maximum penalty--50 penalty units. 6
(2) A person does not commit an offence against subsection (1) if-- 7
(a) the person was required to state the person's name and residential 8
address by an authorised person who suspected the person had 9
committed an offence against this Act; and 10
(b) the person is not proved to have committed the offence against 11
this Act. 12
101 Power to require production of documents 13
(1) An authorised person may require a person to make available for 14
inspection by an authorised person, or produce to the authorised person for 15
inspection, at a reasonable time and place nominated by the authorised 16
person-- 17
(a) a document issued to the person under this Act; or 18
(b) a document required to be kept by the person under this Act. 19
(2) The authorised person may keep the document to copy it. 20
(3) If the authorised person copies the document, or an entry in the 21
document, the authorised person may require the person responsible for 22
keeping the document to certify the copy as a true copy of the document or 23
entry. 24
(4) The authorised person must return the document to the person as 25
soon as practicable after copying it. 26
(5) However, if a requirement (a "document certification 27
requirement") is made of a person under subsection (3), the authorised 28
person may keep the document until the person complies with the 29
requirement. 30
(6) A requirement under subsection (1) is a "document production 31
requirement". 32
s 102 56 s 105
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
102 Failure to produce document 1
(1) A person of whom a document production requirement is made must 2
comply with the requirement, unless the person has a reasonable excuse. 3
Maximum penalty--50 penalty units. 4
(2) It is not a reasonable excuse for an individual not to comply with a 5
document production requirement that complying with the requirement 6
might tend to incriminate the individual. 7
103 Failure to certify copy of document 8
A person of whom a document certification requirement is made must 9
comply with the requirement, unless the person has a reasonable excuse. 10
Maximum penalty--50 penalty units. 11
104 Power to require information 12
(1) This section applies if an authorised person reasonably believes-- 13
(a) an offence against this Act has been committed; and 14
(b) a person may be able to give information about the offence. 15
(2) The authorised person may, by notice given to the person, require the 16
person to give information about the offence to the authorised person at a 17
stated reasonable time and place. 18
(3) The person must comply with a requirement under subsection (2), 19
unless the person has a reasonable excuse. 20
Maximum penalty--50 penalty units. 21
(4) It is a reasonable excuse for an individual to fail to give information 22
if giving the information might tend to incriminate the individual. 23
Division 3--Monitoring compliance 24
105 Inspections to monitor compliance 25
(1) Local governments may monitor compliance with this Act by having 26
authorised persons inspect places of business in the local governments' 27
areas. 28
s 106 57 s 106
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(2) Local governments may recover their monitoring costs by charging 1
business proprietors reasonable fees for inspections carried out. 2
(3) This division states the inspections for which local governments may 3
charge fees. 4
(4) Nothing in this division limits the number of inspections an 5
authorised person may conduct at a place of business. 6
106 Inspection fees for businesses providing higher risk personal 7
appearance services 8
(1) This section applies if a business proprietor carries on a business 9
providing higher risk personal appearance services at the proprietor's 10
premises. 11
(2) Subsection (3) applies if the premises are fixed premises to which a 12
licence relates. 13
(3) The local government for an area in which the premises are located 14
may charge the proprietor the following fees for inspections at the 15
proprietor's premises-- 16
(a) if the proprietor carries on business at 1 premises 17
only--1 inspection fee in any 12 month period; 18
(b) if the proprietor carries on business at 2 or more 19
premises--1 inspection fee for each premises in any 12 month 20
period. 21
(4) Subsection (5) applies if the premises are mobile premises to which a 22
licence relates. 23
(5) A local government for the area in which the higher risk personal 24
appearance services are provided may charge the proprietor the following 25
fees for inspections at the proprietor's premises-- 26
(a) if the proprietor carries on business at 1 premises 27
only--1 inspection fee in any 12 month period; 28
(b) if the proprietor carries on business at 2 or more 29
premises--1 inspection fee for each premises in any 12 month 30
period. 31
s 107 58 s 108
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
1
Example for subsection (5)--
2
If a business proprietor provides higher risk personal appearance services from the
3
same mobile premises in 2 local government areas, each of the local governments may
4
charge a fee for inspecting the premises.
107 Inspection fees if non-higher risk personal appearance services 5
provided only at proprietor's fixed premises 6
(1) This section applies if a business proprietor carries on a business 7
providing non-higher risk personal appearance services only at the 8
proprietor's fixed premises. 9
(2) The local government for the area in which the premises are located 10
may charge the proprietor the following fees for inspections at the 11
proprietor's premises-- 12
(a) if the proprietor carries on business at 1 premises 13
only--1 inspection fee in any 12 month period; 14
(b) if the proprietor carries on business at 2 or more 15
premises--1 inspection fee for each premises in any 12 month 16
period. 17
18
Example for subsection (2)(b)--
19
A business proprietor provides hairdressing services at 3 of the proprietor's
20
fixed premises. Three inspection fees may be charged if each of the
21
premises are inspected in a 12 month period.
108 Inspection fees if non-higher risk personal appearance services 22
provided only at places of business other than proprietor's fixed 23
premises 24
(1) This section applies if a business proprietor provides non-higher risk 25
personal appearance services only at places of business that are not the 26
proprietor's fixed premises. 27
(2) A local government for an area in which any of the places of business 28
are located may charge the proprietor 1 inspection fee in any 12 month 29
period. 30
(3) However, if a local government (the "first local government") has 31
charged a business proprietor an inspection fee under this section, another 32
local government may not charge the proprietor an inspection fee under 33
s 109 59 s 111
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
this section within 12 months of the fee being charged by the first local 1
government. 2
109 Inspection fees if non-higher risk personal appearance services 3
provided both at proprietor's fixed premises and at places of 4
business other than the proprietor's fixed premises 5
(1) This section applies if a business proprietor carries on a business 6
providing non-higher risk personal appearance services at both-- 7
(a) the proprietor's fixed premises; and 8
(b) places of business that are not the proprietor's fixed premises. 9
(2) The proprietor may be charged only the inspection fees under 10
section 107.13 11
12
Example--
13
A person carries on a hairdressing business from 2 fixed premises and also provides
14
hairdressing services in clients' homes in 2 local government areas. The only fees that
15
may be charged are for inspecting the fixed premises.
110 Inspection fee after remedial notice 16
(1) Subsection (2) applies if an authorised person has given a remedial 17
notice to a business proprietor. 18
(2) The local government for whom the authorised person was acting 19
may charge the business proprietor 1 inspection fee to check if the remedial 20
notice has been complied with. 21
(3) An inspection fee under this section is in addition to the inspection 22
fees that may be charged under sections 106 to 109. 23
111 Remedial notice 24
(1) This section applies if an authorised person reasonably believes-- 25
(a) a business proprietor, or an operator employed or otherwise 26
engaged by the proprietor-- 27
13 Section 107 (Inspection fees if non-higher risk personal appearance services
provided only at proprietor's fixed premises)
s 111 60 s 111
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(i) is contravening a provision of this Act; or 1
(ii) has contravened a provision of this Act in circumstances 2
that make it likely the contravention will continue or be 3
repeated; and 4
(b) a matter relating to the contravention is capable of being 5
remedied; and 6
(c) it is appropriate to give the business proprietor an opportunity to 7
remedy the matter; and 8
(d) for a business proprietor who is a licensee, a local government 9
has not given a show cause notice to the business proprietor 10
under section 52 relating to the contravention. 11
(2) The authorised person may give the business proprietor a notice (a 12
"remedial notice") requiring the business proprietor to remedy the 13
contravention or have the contravention remedied. 14
(3) The remedial notice must state the following-- 15
(a) that the authorised person reasonably believes the business 16
proprietor or operator-- 17
(i) is contravening a provision of this Act; or 18
(ii) has contravened a provision of this Act in circumstances 19
that make it likely the contravention will continue or be 20
repeated; 21
(b) the provision the authorised person believes is being, or has been, 22
contravened (the "relevant provision"); 23
(c) briefly, how it is believed the relevant provision is being, or has 24
been, contravened; 25
(d) that the business proprietor must remedy the contravention or 26
have the contravention remedied within a stated reasonable time; 27
(e) that it is an offence to fail to comply with the remedial notice 28
unless the business proprietor has a reasonable excuse. 29
(4) The remedial notice may also state the steps that the authorised 30
person reasonably believes are necessary to remedy the contravention, or 31
avoid further contravention, of the relevant provision. 32
(5) The business proprietor must comply with the remedial notice unless 33
the business proprietor has a reasonable excuse. 34
s 112 61 s 112
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
Maximum penalty-- 1
(a) if a contravention of the relevant provision is an offence--the 2
maximum penalty for contravening the relevant provision; 3
(b) otherwise--20 penalty units. 4
(6) If it is an offence to contravene the relevant provision for which a 5
remedial notice has been issued, the business proprietor can not be 6
prosecuted for that offence unless the person fails to comply with the 7
remedial notice and does not have a reasonable excuse for the 8
noncompliance. 9
(7) A local government may prosecute a business proprietor or operator 10
for the contravention of a relevant provision without an authorised person 11
first issuing a remedial notice for the contravention. 12
112 Person may be prohibited from providing personal appearance 13
service 14
(1) This section applies if a person is convicted of an offence against this 15
Act. 16
(2) The court sentencing the person for the offence may, on its own 17
initiative or the application of the prosecutor, make an order under 18
subsection (3) or (5). 19
(3) The court may make an order, applying for a period decided by the 20
court-- 21
(a) prohibiting the person from providing, or carrying on or 22
managing a business providing, a personal appearance service; or 23
(b) prohibiting the person from having a financial interest in a 24
business providing a personal appearance service; or 25
(c) if the person is a corporation, prohibiting an executive officer of 26
the corporation, who was in a position to influence the conduct of 27
the corporation in relation to the offence, from managing a 28
corporation that carries on a business providing a personal 29
appearance service. 30
(4) For subsection (3)(c), a person manages a corporation if the person is 31
a director, or is in any way concerned in or takes part in the management, 32
of the corporation. 33
s 113 62 s 113
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(5) Also, the court may make an order, applying for a period decided by 1
the court-- 2
(a) prohibiting the person from entering into commercial 3
arrangements with a person who provides, or carries on or 4
manages a business providing, a personal appearance service; or 5
(b) if the person is a corporation, prohibiting an executive officer of 6
the corporation, who was in a position to influence the conduct of 7
the corporation in relation to the offence, from entering into 8
commercial arrangements with a person who provides, or carries 9
on or manages a business providing, a personal appearance 10
service. 11
(6) An order under subsection (3) or (5) may apply generally or be 12
limited in its application by reference to specified conditions, exceptions or 13
factors. 14
(7) A reference in subsection (5) to a person entering into commercial 15
arrangements includes the entering into commercial arrangements on 16
behalf of another person. 17
(8) A person must not contravene an order under subsection (3) or (5). 18
Maximum penalty for subsection (8)--500 penalty units. 19
Division 4--General enforcement matters 20
113 Notice of damage 21
(1) This section applies if-- 22
(a) an authorised person damages property when exercising or 23
purporting to exercise a power; or 24
(b) a person (the "other person") acting under the direction or 25
authority of an authorised person damages property. 26
(2) The authorised person must immediately give notice of particulars of 27
the damage to the person who appears to the authorised person to be the 28
owner of the property. 29
(3) If the authorised person believes the damage was caused by a latent 30
defect in the property or circumstances beyond the authorised person's or 31
s 114 63 s 114
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
other person's control, the authorised person may state the belief in the 1
notice. 2
(4) If, for any reason, it is impracticable to comply with subsection (2), 3
the authorised person must leave the notice in a conspicuous position and 4
in a reasonably secure way where the damage happened. 5
(5) This section does not apply to damage the authorised person 6
reasonably believes is trivial. 7
(6) In this section-- 8
"owner", of property, includes the person in possession or control of it. 9
114 Compensation 10
(1) If a person incurs loss or expense because of the exercise or 11
purported exercise of a power under any of the following subdivisions of 12
division 214 by or for a local government, the person may claim 13
compensation from the local government-- 14
(a) subdivision 1 (Entry of places); 15
(b) subdivision 3 (Powers after entry); 16
(c) subdivision 4 (Power to seize evidence). 17
(2) Without limiting subsection (1), compensation may be claimed for 18
loss or expense incurred in complying with a requirement made of the 19
person under the subdivision. 20
(3) Compensation may be claimed and ordered to be paid in a 21
proceeding-- 22
(a) brought in a court with jurisdiction for the recovery of the 23
amount of compensation claimed; or 24
(b) for an offence against this Act brought against the person 25
claiming compensation. 26
(4) A court may order compensation to be paid only if it is satisfied it is 27
just to make the order in the circumstances of the particular case. 28
14 Division 2 (Powers of authorised persons)
s 115 64 s 117
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
115 False or misleading statements 1
A person must not state anything to an authorised person the person 2
knows is false or misleading in a material particular. 3
Maximum penalty--50 penalty units. 4
116 False or misleading documents 5
(1) A person must not give an authorised person a document containing 6
information the person knows is false or misleading in a material 7
particular. 8
Maximum penalty--50 penalty units. 9
(2) Subsection (1) does not apply to a person if the person, when giving 10
the document-- 11
(a) tells the authorised person, to the best of the person's ability, how 12
it is false or misleading; and 13
(b) if the person has, or can reasonably obtain, the correct 14
information--gives the correct information. 15
117 Obstructing an authorised person 16
(1) A person must not obstruct an authorised person in the exercise of a 17
power, unless the person has a reasonable excuse. 18
Maximum penalty--100 penalty units. 19
(2) If a person has obstructed an authorised person and the authorised 20
person decides to proceed with the exercise of the power, the authorised 21
person must warn the person that-- 22
(a) it is an offence to obstruct the authorised person unless the 23
person has a reasonable excuse; and 24
(b) the authorised person considers the person's conduct an 25
obstruction. 26
(3) In this section-- 27
"obstruct" includes hinder and attempt to obstruct or hinder. 28
s 118 65 s 121
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
118 Impersonating authorised person 1
A person must not pretend to be an authorised person. 2
Maximum penalty--50 penalty units. 3
PART 7--REVIEWS AND APPEALS 4
Division 1--Internal review of decisions 5
119 Appeal process starts with internal review 6
(1) Subject to this division, a person who is given, or is entitled to be 7
given, an information notice for a decision under part 4 (the "original 8
decision") may appeal against the decision under this part. 9
(2) The appeal must be, in the first instance, by way of an application for 10
internal review under section 120. 11
120 Application for review to be made to the local government 12
The person may apply to the local government that gave, or should have 13
given, the person the information notice for a review of the original 14
decision. 15
121 Applying for review 16
(1) The application must be made within 28 days after-- 17
(a) if the person is given an information notice for the decision--the 18
day the person is given the information notice; or 19
(b) if paragraph (a) does not apply--the day the person otherwise 20
becomes aware of the decision. 21
(2) The local government may, at any time, extend the time for applying 22
for the review. 23
(3) The application must be in writing and state fully the grounds of the 24
application. 25
s 122 66 s 123
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
122 Review decision 1
(1) After reviewing the original decision, the local government must 2
make a further decision (the "review decision") to-- 3
(a) confirm the original decision; or 4
(b) amend the original decision; or 5
(c) substitute another decision for the original decision. 6
(2) The local government must immediately give the applicant notice of 7
the review decision (the "review notice"). 8
(3) If the review decision is not the decision sought by the applicant, the 9
review notice must also state-- 10
(a) the reasons for the review decision; and 11
(b) that the applicant may appeal against the review decision, within 12
28 days after the person is given the notice, to a Magistrates 13
Court in the local government area of the local government that 14
made the original decision; and 15
(c) how to appeal; and 16
(d) that the applicant may apply to the court for a stay of the review 17
decision. 18
(4) If the local government does not give the notice within 40 days after 19
the application is made, the local government is taken to have made a 20
review decision confirming the original decision on the 40th day after the 21
application is made. 22
(5) If the review decision confirms the original decision, for the purpose 23
of an appeal to the court, the original decision is taken to be the review 24
decision. 25
(6) If the review decision amends the original decision, for the purpose 26
of an appeal to the court, the original decision as amended is taken to be the 27
review decision. 28
123 Stay of operation of decision 29
(1) If an application is made for a review of an original decision, the 30
applicant may immediately apply for a stay of the decision to a Magistrates 31
Court in the local government area of the local government that made the 32
original decision. 33
s 124 67 s 126
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(2) The court may stay the decision to secure the effectiveness of the 1
review and any later appeal to the court. 2
(3) The stay-- 3
(a) may be given on conditions the court considers appropriate; and 4
(b) operates for the period fixed by the court; and 5
(c) may be revoked or amended by the court. 6
(4) The period of the stay must not extend past the time when the local 7
government makes a review decision about the original decision and any 8
later period the court allows the applicant to enable the applicant to appeal 9
against the review decision. 10
(5) The application affects the decision, or carrying out of the decision, 11
only if the decision is stayed. 12
Division 2--Appeals 13
124 Who may appeal 14
A person who has applied for the review of an original decision under 15
division 1 and is dissatisfied with the review decision may appeal to a 16
Magistrates Court against the review decision. 17
125 Court to which appeal may be made 18
The appeal may be made to a Magistrates Court in the local government 19
area of the local government that made the original decision. 20
126 Starting appeal 21
(1) The appeal is started by-- 22
(a) filing a notice of appeal with the court; and 23
(b) serving a copy of the notice on the local government. 24
(2) The notice of appeal must be filed within 28 days after-- 25
(a) if the person is given a review notice for the review decision--the 26
day the person is given the notice; or 27
s 127 68 s 129
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(b) if paragraph (a) does not apply--the day the person otherwise 1
becomes aware of the review decision. 2
(3) The court may, at any time, extend the period for filing the notice of 3
appeal. 4
(4) The notice of appeal must state fully the grounds of the appeal. 5
127 Stay of operation of decision 6
(1) The court may grant a stay of the operation of the review decision to 7
secure the effectiveness of the appeal. 8
(2) The stay-- 9
(a) may be given on conditions the court considers appropriate; and 10
(b) operates for the period fixed by the court; and 11
(c) may be revoked or amended by the court. 12
(3) The period of the stay must not extend past the time when the court 13
decides the appeal. 14
(4) The appeal affects the decision, or carrying out of the decision, only 15
if the decision is stayed. 16
128 Hearing procedures 17
(1) In deciding the appeal, the court-- 18
(a) has the same powers as the local government; and 19
(b) is not bound by the rules of evidence; and 20
(c) must comply with natural justice. 21
(2) The appeal is by way of rehearing, unaffected by the review decision, 22
on the material before the person who made the review decision and any 23
further evidence allowed by the court. 24
129 Powers of court on appeal 25
(1) In deciding the appeal, the court may-- 26
(a) confirm the review decision; or 27
(b) amend the review decision; or 28
s 130 69 s 132
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(c) substitute another decision for the review decision; or 1
(d) set aside the review decision and return the issue to the local 2
government with the directions the court considers appropriate. 3
(2) If the court amends the review decision or substitutes another 4
decision for the review decision, the amended or substituted decision is, for 5
this Act (other than this part) taken to be the local government's decision. 6
130 Appeals to District Court only on questions of law 7
A person aggrieved by the court's decision may appeal to the District 8
Court, but only on a question of law. 9
PART 8--LEGAL PROCEEDINGS 10
Division 1--Application 11
131 Application of part 12
This part applies to a proceeding under this Act. 13
Division 2--Evidence 14
132 Appointments and authority 15
The following must be presumed unless a party to the proceeding, by 16
reasonable notice, requires proof of it-- 17
(a) the chief executive's appointment; 18
(b) a chief executive officer's appointment; 19
(c) an authorised person's appointment; 20
(d) the authority of the chief executive, a local government, a chief 21
executive officer or an authorised person to do anything under 22
this Act. 23
s 133 70 s 134
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
133 Signatures 1
A signature purporting to be the signature of the chief executive, a chief 2
executive officer or an authorised person is evidence of the signature it 3
purports to be. 4
134 Evidentiary provisions 5
(1) A certificate purporting to be signed by the chief executive or a chief 6
executive officer and stating any of the following matters is evidence of the 7
matter-- 8
(a) a stated document is one of the following things made, given, 9
issued or kept under this Act-- 10
(i) an appointment, approval or decision; 11
(ii) a notice or requirement; 12
(iii) a licence; 13
(iv) a record, or an extract from a record; 14
(b) a stated document is another document kept under this Act; 15
(c) a stated document is a copy of a thing mentioned in paragraph (a) 16
or (b); 17
(d) on a stated day, or during a stated period, a stated person was or 18
was not a licensee; 19
(e) on a stated day, or during a stated period, a licence-- 20
(i) was or was not in force; or 21
(ii) was or was not subject to a stated condition; 22
(f) on a stated day, a licence was suspended or cancelled; 23
(g) on a stated day, or during a stated period, an appointment as an 24
authorised person was, or was not, in force for a stated person; 25
(h) on a stated day, a stated person was given a stated notice under 26
this Act; 27
(i) on a stated day, a stated requirement was made of a stated person; 28
(j) a stated amount is payable under this Act by a stated person and 29
has not been paid. 30
s 135 71 s 137
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(2) In a complaint starting a proceeding, a statement that the matter of 1
complaint came to the complainant's knowledge on a stated day is evidence 2
of when the matter came to the complainant's knowledge. 3
Division 3--Proceedings 4
135 Summary offences 5
(1) A proceeding for an offence against this Act is to be taken in a 6
summary way under the Justices Act 1886. 7
(2) The proceeding must start-- 8
(a) within 1 year after the commission of the offence; or 9
(b) within 6 months after the offence comes to the complainant's 10
knowledge, but within 2 years after the commission of the 11
offence. 12
136 Allegations of false or misleading information or document 13
In any proceeding for an offence against this Act defined as involving 14
false or misleading information, or a false or misleading document, it is 15
enough for a charge to state that the information or document was, without 16
specifying which, `false or misleading'. 17
137 Recovery of costs of investigation 18
(1) This section applies if-- 19
(a) a court convicts a person of an offence against this Act; and 20
(b) a local government applies to the court for an order against the 21
person for the payment of the costs the local government has 22
incurred in taking a thing or doing something else during the 23
investigation of the offence; and 24
(c) the court finds the local government has reasonably incurred 25
the costs. 26
(2) The court may order the person to pay the local government an 27
amount equal to the costs if it is satisfied it would be just to make the order 28
in the circumstances of the particular case. 29
s 138 72 s 141
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(3) This section does not limit the court's powers under the Penalties 1
and Sentences Act 1992 or another law. 2
138 Application for order for payment of costs under s 137 3
(1) An application to a court under section 137 is, and any order made by 4
the court on the application is a judgment, in the court's civil jurisdiction. 5
(2) Any issue on the application is to be decided on the balance of 6
probabilities. 7
139 Forfeiture on conviction 8
(1) On conviction of a person for an offence against this Act, a court may 9
order the forfeiture to a local government of-- 10
(a) anything used to commit the offence; or 11
(b) anything else the subject of the offence. 12
(2) The court may make the order-- 13
(a) whether or not the thing has been seized; and 14
(b) if the thing has been seized, whether or not the thing has been 15
returned to its owner. 16
(3) The court may make any order to enforce the forfeiture it considers 17
appropriate. 18
(4) This section does not limit the court's powers under the Penalties 19
and Sentences Act 1992 or another law. 20
140 Dealing with forfeited thing 21
(1) On the forfeiture of a thing to a local government, the thing becomes 22
the local government's property and may be dealt with by the local 23
government as the local government considers appropriate. 24
(2) Without limiting subsection (1), the local government may destroy 25
the thing. 26
141 Responsibility for acts or omissions of representative 27
(1) This section applies in a proceeding for an offence against this Act. 28
s 142 73 s 142
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(2) If it is relevant to prove a person's state of mind about a particular act 1
or omission, it is enough to show-- 2
(a) the act was done or omitted to be done by a representative of the 3
person within the scope of the representative's actual or apparent 4
authority; and 5
(b) the representative had the state of mind. 6
(3) An act done or omitted to be done for a person by a representative of 7
the person within the scope of the representative's actual or apparent 8
authority is taken to have been done or omitted to be done also by the 9
person, unless the person proves the person could not, by the exercise of 10
reasonable diligence, have prevented the act or omission. 11
(4) In this section-- 12
"representative" means-- 13
(a) for a corporation--an executive officer, employee or agent of the 14
corporation; or 15
(b) for an individual--an employee or agent of the individual. 16
"state of mind" of a person includes-- 17
(a) the person's knowledge, intention, opinion, belief or purpose; 18
and 19
(b) the person's reasons for the intention, opinion, belief or purpose. 20
142 Executive officers must ensure corporation complies with Act 21
(1) The executive officers of a corporation must ensure the corporation 22
complies with this Act. 23
(2) If a corporation commits an offence against a provision of this Act, 24
each of the corporation's executive officers also commits an offence, 25
namely, the offence of failing to ensure the corporation complies with the 26
provision. 27
Maximum penalty--the penalty for the contravention of the provision by 28
an individual. 29
(3) Evidence that the corporation has been convicted of an offence 30
against a provision of this Act is evidence that each of the executive 31
officers committed the offence of failing to ensure the corporation 32
complies with the provision. 33
s 143 74 s 144
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(4) However, it is a defence for an executive officer to prove-- 1
(a) if the officer was in a position to influence the conduct of the 2
corporation in relation to the offence, the officer exercised 3
reasonable diligence to ensure the corporation complied with the 4
provision; or 5
(b) the officer was not in a position to influence the conduct of the 6
corporation in relation to the offence. 7
143 Fines payable to local government 8
(1) This section applies if-- 9
(a) a proceeding for an offence about a matter is taken by a local 10
government; and 11
(b) a court imposes a fine for the offence. 12
(2) The fine must be paid to the local government. 13
PART 9--MISCELLANEOUS 14
144 Service of documents 15
(1) If a document is required or permitted under this Act to be given to a 16
person, the document may be given to the person by facsimile transmission 17
directed and sent to-- 18
(a) the last transmission number given to the giver of the document 19
by the person as the facsimile transmission number for service of 20
documents on the person; or 21
(b) the facsimile transmission number operated-- 22
(i) at the address of the person last known to the giver of the 23
document; or 24
(ii) if the person is a corporation, at the corporation's registered 25
office under the Corporations Act. 26
(2) A document given under subsection (1) is taken to have been given 27
on the day the document is transmitted. 28
s 145 75 s 146
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(3) This section does not limit any other means of giving documents 1
authorised or permitted by law including, for example, under the Acts 2
Interpretation Act 1954, part 10.15 3
145 Protecting officials from liability 4
(1) An official is not civilly liable for an act done, or omission made, 5
honestly and without negligence under this Act. 6
(2) If subsection (1) prevents a civil liability attaching to an official, the 7
liability attaches instead to-- 8
(a) if the official is the chief executive officer of a local government, 9
an authorised person appointed by a local government or acting 10
under the direction of an authorised person appointed by a local 11
government--the local government; or 12
(b) if paragraph (a) does not apply--the State. 13
(3) In this section-- 14
"official" means-- 15
(a) the Minister; or 16
(b) the chief executive; or 17
(c) a chief executive officer; or 18
(d) an authorised person; or 19
(e) a person acting under the direction of an authorised person. 20
146 Delegation by chief executive 21
(1) The chief executive may delegate the chief executive's powers under 22
this Act to the following appropriately qualified persons-- 23
(a) a public service employee in the department; 24
(b) a health service employee under the Health Services Act 1991. 25
(2) In this section-- 26
15 Acts Interpretation Act 1954, part 10 (Service of documents)
s 147 76 s 149
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
"appropriately qualified" includes having the qualifications, experience 1
or standing appropriate to exercise the power. 2
3
Example of standing--
4
A person's classification level in the department.
147 Approval of forms 5
A local government may approve forms for use under this Act. 6
148 Regulation-making power 7
(1) The Governor in Council may make regulations under this Act. 8
(2) Without limiting subsection (1), a regulation may-- 9
(a) prescribe ways to minimise the risk of infection relating to 10
personal appearance services; and 11
(b) set fees payable under this Act and the matters for which the fees 12
are payable including fees for section 9(3)(b);16 and 13
(c) impose a penalty of not more than 20 penalty units for a 14
contravention of a provision of a regulation. 15
PART 10--TRANSITIONAL 16
149 Definitions for pt 10 17
In this part-- 18
"former regulation" means the Health Regulation 1996 as in force before 19
the commencement. 20
"commencement" means the commencement of this part. 21
16 Section 9 (Local government to administer Act)
s 150 77 s 153
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
150 Pending applications for licences under pt 5 of the former 1
regulation 2
(1) This section applies to each of the following applications made under 3
part 5 of the former regulation pending immediately before the 4
commencement-- 5
(a) an application for a licence; 6
(b) an application for the renewal of a licence; 7
(c) an application for the transfer of a licence. 8
(2) The application lapses and the fee paid by the applicant to a local 9
government for the application must be refunded in full to the applicant by 10
the local government. 11
151 Lapsing of licence held under pt 5 of former regulation 12
(1) This section applies if a person is the holder of a licence under part 5 13
of the former regulation immediately before the commencement. 14
(2) On the commencement the licence lapses. 15
152 Action to cancel or suspend a licence under pt 5 of former 16
regulation 17
(1) This section applies if a licence under part 5 of the former regulation 18
lapses under section 151. 19
(2) A notice under the former regulation to show cause why a notice 20
should not be given cancelling or suspending the licence also lapses. 21
153 Pending application for registration of an establishment under 22
pt 15 of the former regulation 23
(1) This section applies to an application for registration of an 24
establishment ("the premises") made under part 15 of the former 25
regulation. 26
(2) The application is taken to be an application for a licence to carry on 27
business providing higher risk personal appearance services from the 28
premises made under the relevant section of this Act if-- 29
s 154 78 s 154
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(a) the application is pending immediately before the 1
commencement; and 2
(b) the services to be provided at the premises are higher risk 3
personal appearance services. 4
(3) A local government-- 5
(a) may assess the suitability of the applicant and the premises under 6
this Act; and 7
(b) for that purpose may make inquiries and require further 8
information or a document under section 37. 9
(4) However, if a regulation states that section 36(a)(ii) does not apply to 10
an application to which this section applies made before a stated date, 11
section 36(a)(ii) does not apply to an application made before the stated 12
date. 13
(5) The stated date under subsection (4) must not be more than 1 year 14
after the commencement. 15
(6) If the services to be provided at the premises are not higher risk 16
personal appearance services-- 17
(a) the application lapses; and 18
(b) the fee paid by the applicant to a local government for the 19
application must be refunded in full to the applicant by the local 20
government. 21
154 Pending application for renewal of registration of an 22
establishment under pt 15 of the former regulation 23
(1) This section applies to an application for renewal of registration of an 24
establishment ("the premises") made under part 15 of the former 25
regulation. 26
(2) The application is taken to be an application for renewal of a licence 27
to carry on business providing higher risk personal appearance services 28
from the premises made under the relevant section of this Act if-- 29
(a) the application is pending immediately before the 30
commencement; and 31
(b) the services being provided at the premises are higher risk 32
personal appearance services. 33
s 155 79 s 156
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(3) A local government-- 1
(a) may assess the suitability of the applicant and the premises under 2
this Act; and 3
(b) for that purpose may make inquiries and require further 4
information or a document under section 45. 5
(4) However, if a regulation states that section 36(a)(ii) does not apply to 6
an application to which this section applies made before a stated date, 7
section 36(a)(ii) does not apply to an application made before the stated 8
date. 9
(5) The stated date under subsection (4) must not be more than 1 year 10
after the commencement. 11
(6) If the services being provided at the premises are not higher risk 12
personal appearance services-- 13
(a) the application lapses; and 14
(b) the fee paid by the applicant to a local government for the 15
application must be refunded in full to the applicant by the local 16
government. 17
155 When single licence may be issued for applications under pt 15 of 18
the former regulation 19
(1) This section applies if a local government has received applications 20
for registration or renewal of registration of 2 or more establishments ("the 21
premises") to which sections 153(2) and 154(2) apply. 22
(2) The local government may issue a single licence to cover all the 23
premises. 24
156 Effect of registration of an establishment providing higher risk 25
personal appearance services under pt 15 of the former regulation 26
(1) This section applies if-- 27
(a) a person is the proprietor of an establishment ("the premises") 28
registered under part 15 of the former regulation immediately 29
before the commencement; and 30
(b) services being provided at the premises are higher risk personal 31
appearance services. 32
s 157 80 s 158
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(2) On the commencement, the registration is taken to be a licence issued 1
to the person to carry on business providing higher risk personal 2
appearance services from the premises under this Act (a "continued 3
licence"). 4
(3) Subject to this part, a continued licence remains in force for the 5
remainder of the period of the registration under the former regulation. 6
(4) Subsection (2) applies to a registration under part 15 of the former 7
regulation even if the registration was suspended at the commencement. 8
(5) However, the suspension is taken to continue as a suspension of the 9
continued licence. 10
157 Application of this Act to a continued licence 11
(1) This Act applies to a continued licence for the remainder of the 12
period of registration under the former regulation. 13
(2) However, if a regulation states that section 41(1)(b)(iii) and (iv) does 14
not apply to a continued licence until a stated date, section 41(1)(b)(iii) 15
and (iv) does not apply to the licence until the date. 16
(3) The stated date under subsection (2) must not be more than 1 year 17
after the commencement. 18
(4) For a continued licence, for the remainder of the period of the 19
registration under the former regulation, a local government may not 20
charge an inspection fee under part 6, division 3 for inspecting the premises 21
to which the licence relates. 22
(5) Subsection (6) applies to an application for the renewal of a 23
continued licence. 24
(6) If a regulation states that section 36(a)(ii) does not apply to an 25
application for renewal made before a stated date, section 36(a)(ii) does not 26
apply to an application made before the stated date. 27
(7) The stated date under subsection (6) must not be more than 1 year 28
after the commencement. 29
158 Lapsing of registration of establishment registered under pt 15 of 30
the former regulation 31
(1) This section applies if-- 32
s 159 81 s 159
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
(a) a person is the proprietor of an establishment ("the premises") 1
registered under part 15 of the former regulation immediately 2
before the commencement; and 3
(b) services being provided at the premises are not higher risk 4
personal appearance services. 5
(2) The registration of the establishment lapses. 6
159 Application of Act to certain licences relating to establishments 7
previously registered 8
(1) This section applies if-- 9
(a) a person is-- 10
(i) the proprietor of an establishment ("the premises")-- 11
(A) registered under part 15 of the former regulation 12
immediately before the commencement; or 13
(B) registered under part 15 of the former regulation before 14
the commencement and for which an application for 15
renewal is pending immediately before the 16
commencement; or 17
(ii) an applicant for registration of an establishment (also "the 18
premises") made under part 15 of the former regulation 19
pending immediately before the commencement; and 20
(b) services being provided, or to be provided, at the premises are 21
higher risk personal appearance services; and 22
(c) a licence relating to the premises is subsequently issued under 23
this Act. 24
(2) This Act applies to the licence mentioned in subsection (1)(c). 25
(3) However, if a regulation states that for a licence issued before a stated 26
date, section 41(1)(b)(iii) and (iv) does not apply to the licence until a 27
stated date, section 41(1)(b)(iii) and (iv) does not apply to the licence until 28
the date. 29
(4) The stated date under subsection (3) must not be more than 1 year 30
after the commencement. 31
s 160 82 s 162
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
160 Offences 1
(1) A proceeding for an offence against a provision of the former 2
regulation may be started or continued, and the provisions of the former 3
regulation, and other provisions of the Health Act 1937, that are necessary 4
or convenient to be used in relation to the proceeding continue to apply, as 5
if this Act had not commenced. 6
(2) For subsection (1), the Acts Interpretation Act 1954, section 2017 7
applies, but does not limit the subsection. 8
161 Transitional regulation-making power 9
(1) A regulation (a "transitional regulation") may make provision 10
about a matter for which-- 11
(a) it is necessary to make provision to allow or facilitate the doing 12
of anything to achieve the transition from the operation of the 13
former regulation to the operation of this Act; and 14
(b) this Act does not make provision or sufficient provision. 15
(2) A transitional regulation must declare it is a transitional regulation. 16
(3) This section and any transitional regulation expire 1 year after the 17
commencement. 18
PART 11--AMENDMENT OF ACT AND REGULATIONS 19
162 Amendments--sch 1 20
(1) Schedule 1 amends the Act and the regulations mentioned in it. 21
(2) The amendment of a regulation in schedule 1 does not affect the 22
power of the Governor in Council to further amend the regulation or to 23
repeal it. 24
17 Acts Interpretation Act 1954, section 20 (Saving of operation of repealed Act etc.)
83
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
SCHEDULE 1 1
AMENDMENTS OF ACT AND REGULATIONS 2
section 162 3
HEALTH ACT 1937 4
1 Section 5, definitions "barber" and "barber's shop-- 5
omit. 6
2 Section 33(2)(d) to (f)-- 7
omit. 8
3 Part 3, division 9-- 9
omit, insert-- 10
`Division 9--Skin Penetration, including acupuncture 11
`100A Regulation-making power 12
`(1) The Governor in Council may make a regulation about any process 13
by which a person's skin is penetrated, including acupuncture. 14
`(2) Without limiting subsection (1), a regulation may prescribe in 15
relation to the following for the process mentioned in subsection (1) and 16
the premises where the process is carried out-- 17
(a) the minimum standards in relation to the structure, floor area and 18
ventilation of the premises; 19
(b) the cleanliness of the premises; 20
84
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
SCHEDULE 1 (continued)
(c) the hygienic conduct of the process at the premises including the 1
cleansing, disinfection and sterilisation of the appliances, 2
implements, tools and things used in the process; 3
(d) safeguards for the health of customers at the premises and 4
persons employed or otherwise engaged at the premises; 5
(e) inspection of the premises. 6
`(3) However, a regulation may not be made under this section about a 7
personal appearance service to which the Public Health (Infection Control 8
for Personal Appearance Services) Act 2003 applies.'. 9
HEALTH REGULATION 1996 10
1 Part 5-- 11
omit. 12
2 Section 136(2) and (3)-- 13
omit. 14
3 Section 137(1), definitions "closed ear piercing" and "skin 15
penetration"-- 16
omit. 17
4 Section 137(1)-- 18
insert-- 19
` "skin penetration" means any process by which a person's skin is 20
penetrated, including by acupuncture, but does not include skin 21
penetration that is a personal appearance service to which the Public 22
Health (Infection Control for Personal Appearance Services) Act 2003 23
applies.'. 24
85
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
SCHEDULE 1 (continued)
5 Section 138(2), from `divisions 2' to `piercing)'-- 1
omit, insert-- 2
`divisions 3 and 4 within its area'. 3
6 Part 15, division 2-- 4
omit. 5
7 Sections 144 and 145-- 6
omit. 7
8 Section 148(2), from `before its first' to `applied'-- 8
omit, insert-- 9
`before-- 10
(a) any subsequent application to the customer if it has been touched 11
by another person; or 12
(b) its first application to another customer'. 13
9 Section 150-- 14
omit. 15
10 Part 15, division 5-- 16
omit. 17
11 Schedule 6-- 18
omit. 19
86
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
SCHEDULE 1 (continued)
ENVIRONMENTAL PROTECTION (WASTE 1
MANAGEMENT) REGULATION 2000 2
1 Section 49(1)-- 3
insert-- 4
`(d) discards, at premises at which higher risk personal appearance 5
services are carried out under the Public Health (Infection 6
Control for Personal Appearance Services) Act 2003, a sharp.'. 7
87
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
SCHEDULE 2 1
DICTIONARY 2
section 10 3
"accepted representations" see section 53(2). 4
"approved form" means a form approved by a local government under 5
section 147. 6
"authorised person" means a person appointed to be an authorised person 7
for this Act. 8
"beauty therapy" see section 11. 9
"body piercing" see section 12. 10
"business proprietor" means a person carrying on a business that 11
provides personal appearance services. 12
"business transaction" means a transaction in which a service is provided 13
for payment or other consideration. 14
"chief executive officer" means the chief executive officer of a local 15
government. 16
"client" means an individual to whom a personal appearance service is 17
provided as part of a business transaction. 18
"commencement", for part 10, see section 149. 19
"continued licence" see section 156(2). 20
"conviction" means a finding of guilt, or the acceptance of a plea of guilty, 21
by a court, whether or not a conviction is recorded. 22
"document certification requirement" see section 101(5). 23
"document production requirement" see section 101(6). 24
"executive officer", of a corporation, means a person who is concerned 25
with, or takes part in, the corporation's management, whether or not 26
the person is a director or the person's position is given the name of 27
executive officer. 28
"facsimile warrant" see section 83(4). 29
88
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
SCHEDULE 2 (continued)
"first local government", in relation to the provision of higher risk 1
personal appearance services by a licensee from mobile premises, 2
means the local government that issued the licence to carry on the 3
business. 4
"first local government area", in relation to a first local government, 5
means the local government area of the first local government. 6
"fixed premises", for a business providing personal appearance services, 7
means a building or other structure, or part of a building or other 8
structure, that has a permanent address. 9
"former regulation", for part 10, see section 149. 10
"hairdressing" see section 13. 11
"health-care facility" means a place where a health service is provided. 12
"health service" means a service provided to an individual for the benefit 13
of human health, including services stated in schedule 1, part 1 of the 14
Health Rights Commission Act 1991 but excluding services stated in 15
schedule 1, part 2 of that Act. 16
"higher risk personal appearance service" see section 14. 17
"infection control guidelines" see section 28(1). 18
"infection control qualification" means a certificate issued by a registered 19
training organisation to an individual stating that the individual has 20
achieved an infection control competency standard prescribed under a 21
regulation. 22
"infection risk" see section 19(1)(a). 23
"information notice", for a decision of a local government under part 4, is 24
a written notice stating the following-- 25
(a) the decision; 26
(b) the reasons for the decision; 27
(c) that the person to whom the notice is given may have the 28
decision reviewed within 28 days; 29
(d) how the person may have the decision reviewed; 30
89
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
SCHEDULE 2 (continued)
(e) if the decision is that a licence be cancelled or suspended--a 1
direction to the person to return the licence to the local 2
government within 7 days after receiving the notice. 3
"licence" means a licence in force under part 4. 4
"licensee" means the holder of a licence. 5
"mobile premises", for a business providing personal appearance services, 6
means premises that are a vehicle or are otherwise ordinarily moved 7
from place to place. 8
"motor vehicle" means a vehicle propelled by a motor that forms part of 9
the vehicle, and includes a trailer or caravan attached to the vehicle. 10
"non-higher risk personal appearance service" see section 15. 11
"notice", other than a notice that is subordinate legislation, means signed 12
written notice. 13
"operator" means an individual who personally provides personal 14
appearance services to a client. 15
"original decision" see section 119(1). 16
"personal appearance service" see section 16. 17
"personal details requirement" see section 99(5). 18
"place" includes premises and vacant land. 19
"place of business" means a place where a personal appearance service is 20
provided. 21
"premises", other than for part 10, includes-- 22
(a) a building or other structure; and 23
(b) a part of a building or other structure; and 24
(c) land where a building or other structure is situated; and 25
(d) a vehicle. 26
"Queensland Development Code" see the Standard Building Regulation 27
1993, section 6A. 28
"registered training organisation" means a registered training 29
organisation under the Training and Employment Act 2000 or under 30
similar legislation of another State. 31
90
Public Health (Infection Control for Personal
Appearance Services) Bill 2003
SCHEDULE 2 (continued)
"remedial notice" see section 111(2). 1
"review decision" see section 122(1). 2
"review notice" see section 122(2). 3
"second local government" in relation to the provision of higher risk 4
personal appearance services by a licensee from mobile premises, 5
means a local government other than the local government that issued 6
the licence to carry on the business. 7
"second local government area", in relation to a second local 8
government, means the local government area of the second local 9
government. 10
"show cause notice" see section 52(2). 11
"show cause period" see section 52(3)(e). 12
"skin penetration" see section 17. 13
"spent conviction" means a conviction-- 14
(a) for which the rehabilitation period under the Criminal Law 15
(Rehabilitation of Offenders) Act 1986 has expired under that 16
Act; and 17
(b) that is not revived as prescribed by section 11 of that Act. 18
"tattooing" see section 18. 19
"vehicle" includes a caravan or trailer or another type of transport that 20
moves on wheels. 21
22
23
� State of Queensland 2003
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