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Serious and organised crime legislation

The Serious and Organised Crime Legislation Amendment Act 2016 contained a number of changes for industries regulated by the Office of Fair Trading, including the:

  • tattoo industry
  • motor dealing industry
  • security industry
  • second-hand dealing and pawnbroking industry.

The Act introduced a new organised crime regime, designed to tackle serious and organised crime in all its forms.

Serious and organised crime offences will now be considered when deciding if a person should be allowed to work in the above industries. Offences include habitually consorting with recognised offenders and where certain offences were committed in the course of other serious or organised crime.

The Act also introduced a scheme of ‘control orders’. A control order is a court order made to prevent, restrict or disrupt an offender’s involvement in serious criminal activity. A control order might prohibit an offender from associating with certain people or from going to a certain place. A control order could also be made disallowing someone from working in one of the above industries.

Many of the changes made to occupational licensing Acts in 2013, such as relying on advice from the Commissioner of Police that a person is an identified participant in a criminal organisation, have been removed from occupational licensing Acts.

For more detailed information on changes in the Act, see the explanatory notes.

Tattoo industry

The following amendments to the Tattoo Industry Act 2013 commenced on 9 March 2017.

  • The former Tattoo Parlours Act 2013 was renamed the Tattoo Industry Act 2013.
  • The main purpose of the Act remains to minimise the risk of criminal activity in the industry.
  • Mandatory exclusion from the industry of persons convicted of a serious or organised crime offence.
  • Mandatory exclusion from the industry of persons subject to a relevant control order.
  • Licensees can renew their licence, rather than having to reapply each year. Licences can be renewed for a period of 1 or 3 years.
  • Renewing applicants can rely on finger and palm prints previously collected for tattoo licensing purposes, rather than having to supply new finger and palm prints every year.
  • Alternate methods of trade are allowed, including mobile tattooing businesses.
  • Visiting tattooists can receive more than 2 permits per year.
  • Criminal intelligence no longer used in determining licence applications.
  • A person can be given the reasons for the decision if their licence application is refused or their licence is cancelled.

Security industry, motor dealing industry, and second-hand dealing and pawnbroking industry

The following amendments to the Security Providers Act 1993, Motor Dealers and Chattel Auctioneers Act 2014, and Second-hand Dealers and Pawnbrokers Act 2003 commenced on 9 December 2016.

  • Mandatory exclusion from the industry of persons convicted of certain offences, where the offence was committed in the commission of serious or organised crime.
  • Mandatory exclusion from the industry of persons subject to a relevant control order.
  • Criminal intelligence no longer used in determining licence applications.
  • The requirement that a licence be refused or cancelled on the basis the person is a participant in a criminal organisation has been removed.
Last updated
1 June 2017
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