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Tattoo Parlours – New Licencing Laws

Will new licensing laws for NSW Tattoo Parlours put an end to organised crime?

The New South Wales Government has introduced a new licensing regime requiring all tattoo parlour owners and tattooists to apply for a three (3) year licence to continue operating and working in NSW as of 1st October, 2013.

The licences, which will be administered by NSW Fair Trading and authorised by the NSW Commissioner of Police, will require tattooists to pay a fee of $699.00 and undergo a criminal history check and fingerprinting to ascertain whether they have connections with any ‘declared’ organisation under the Crimes (Criminal Organisations Control) Act, 2012 (“the Act”).

Under Section 7 of the Act, a Court may make a declaration that an organisation is a criminal organisation for the purposes of this Act, if it is satisfied that:

  1. The body is an organisation;
  2. Members of the organisation in New South Wales assocate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity; and
  3. The continued existence of the organisation is an unacceptable risk to the safety, welfare or order of the community in this State.

This can include an examination of any conviction for current or former members of the organisation in New South Wales.

The new laws have outraged many tattooists who claim that if a licencing regime is to be introduced the focus should be on an artist’s skill or Occupational Health and Safety concerns regarding hygiene and sterilisation of equipment, and not the protential funding of suspected criminal organisations.

In particular, tattooists will be required to provide evidence of former employers.  If any former employers are determined to be ‘controlled members’ of a declared organisation, the artist may be ineligible to obtain a licence.

At Brazel Moore Lawyers we can assist you to inform you about your rights when it comes to dealing with the Police or any other criminal law or traffic law matter.

Should you have any inquiries please do not hesitate to call Brazel Moore Lawyers on (02) 4324 7699.

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