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Tattoo industry breaches and penalties

Unlicensed work

You must not:

  • perform tattoo work without a valid licence
  • employ an unlicensed person to do tattooing work.

The maximum penalty is:

  • $65275 for a first offence
  • $91385 or 6 months in prison for a second offence
  • $130550 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 $5222.

Offence

Maximum penalty

Failing to display your licence at your place of business

$5222

Transferring, selling, hiring or lending your licence to another person

$5222

Failing to advise the chief executive of the Office of Fair Trading about any changes to your personal details

$5222

Failing to advise the chief executive of the Office of Fair Trading about any changes to your licence or licence application

$5222

Cancelled or suspended licences

We can cancel or suspend a licence for various reasons.

Offence

Maximum penalty

Failing to return a cancelled or suspended licence within 14 days

$2611

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

$5222

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

$26110 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)

$26110 or 2 years imprisonment

Obstructing an inspector or police officer (without a reasonable excuse)

$7833

Failing to show your licence to an inspector or police officer

$2611

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

$13055

Allowing an unlicensed non-staff member to perform tattoo procedures at your premises

$65275

Failing to submit a Change in certain particulars (PDF, 455KB) within 20 days of a change in staffing

$5222

Procedures log

You must use the Procedures log (PDF, 446KB) 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

$26110

Failing to keep a log book in the approved form for a calendar year

$13055

Failing to keep your archived log books for 3 years after the end of the calendar year

$13055

Other records

Offence

Maximum penalty

Failing to keep records in English

$13055

Failing to keep records on your licensed premises at all times

$13055

Failing to give an inspector or police officer access to your records

$7833

Failing to let an inspector or police officer take copies, notes or extracts from your records

$7833