Tattoo industry breaches and penalties
Unlicensed work
Unlicensed tattoo work is against the law.
You must not:
- carry on a body art tattooing business without a valid licence
- perform tattoo work without a valid licence
- employ an unlicensed person to do tattooing work.
The maximum penalty is:
- $77,400 for a first offence
- $108,360 or 6 months in prison for a second offence
- $154,800 or 18 months in prison for a third or later offence.
Licence conditions
If you break any of your licence conditions, the maximum penalty is $6,192.
Offence | Maximum penalty |
|---|---|
Failing to display your licence at your place of business | $6,192 |
Disposing, selling, hiring or lending your licence to another person | $6,192 |
Failing to advise the chief executive of the Office of Fair Trading about any changes to your personal details within 14 business days of the change | $6,192 |
Failing to advise the chief executive of the Office of Fair Trading about any changes to your licence or licence application within 14 business days of the change | $6,192 |
Cancelled or suspended licences
Your licence can be cancelled or suspended for various reasons.
Offence | Maximum penalty |
|---|---|
Failing to return a cancelled or suspended licence within 14 days | $3,096 |
Failing to advise the chief executive of the Office of Fair Trading that you are aware of a reason why we should cancel or suspend your licence within 7 business days | $6,192 |
Inspectors' powers
Inspectors have the legal authority to make sure that you don’t break the law. You must follow their lawful directions or you risk a fine.
Offence | Maximum penalty |
|---|---|
Making a false or misleading statement to an inspector, police officer, or the chief executive of the Office of Fair Trading | $30,960 or 2 years imprisonment |
Giving a false or misleading document to an inspector, police officer, or the chief executive of the Office of Fair Trading (unless you say that it’s false or misleading) | $30,960 or 2 years imprisonment |
Obstructing an inspector or police officer (without a reasonable excuse) | $9,288 |
Failing to show your licence to an inspector or police officer | $3,096 |
Doing tattoo work
Licensed premises
The person in charge of a tattoo parlour must have a tattoo operator licence. If they don’t, the premises is unlicensed.
We can issue an interim closure of unlicensed premises, and a magistrate may order its long-term closure. You must not continue to work at these premises.
You must also follow certain rules for running your premises.
Offence | Maximum penalty |
|---|---|
Failing to obey a closure order | $15,480 |
Failing to submit a Change in certain particulars within 20 days of a change in staffing | $6,192 |
Procedures log
You must use the Procedures log to record any procedures that you (or your employees) do on the premises.
Offence | Maximum penalty |
|---|---|
| Failing to make an entry into the log at the time of a procedure | $30,960 |
Failing to keep a log book in the approved form for a calendar year | $15,480 |
Failing to keep your archived log books for 3 years after the end of the calendar year | $15,480 |
Other records
Offence | Maximum penalty |
|---|---|
Failing to keep records in English | $30,960 |
Failing to keep records on your licensed premises at all times | $30,960 |