Whether or not a criminal record will impact your tattooist licence in NSW, will depend on the type of offence you have been charged with.
In NSW, it is an offence to perform body art tattooing for a fee or a reward, unless authorised to do so by a tattooist licence. The maximum penalty is a fine of $5,500 for a first offence, or $11,000 for a second or subsequent offence.
To apply for a licence, a person must be:
- At least 18 years of age
- An Australian citizen or permanent resident, or New Zealand citizen
- Not a controlled member of a declared organisation under the Crimes (Criminal Organisations Control) Act 2012
- Not a member of a prescribed criminal organisation or have been a member in the past 12 months.
However, a tattooist licence must not be granted or renewed if, within the past 10 years before an application was made, a person has been convicted of a “disqualifying offence”.
What is a disqualifying offence?
The offences which can disqualify a person from obtaining a tattooist licence, or renewing a tattooist licence in NSW, include:
- Firearms Offences: Offences relating to the possession, use or supply of a firearm or another weapon.
- Drug Offences: Offences relating to prohibited drugs (e.g. supply or possession) where the penalty imposed is either a term of imprisonment, a requirement to complete community service work, or a fine of $2,200.00 or more.
- Serious Violence Offences: Offences involving the loss of a person’s life, or serious risk to a person’s life, injury or serious risk of injury, or damage to property in circumstances where it endangers the safety of a person.
- Offences involving organised criminal groups: Including offences relating to consorting or recruitment.
- Sexual Offences: including sexual offences against adults and children, as well as possession of child abuse material.
- Robbery: whether or not the person is armed.
- Offences involving money laundering and fraud
- Offences relating to tattooing and body piercing of children and young persons
- Offences relating to riot
- Offences involving stalking or intimidation
- Offences involving kidnapping or abduction
- Offences relating to blackmail
- Offences relating to terrorism
In addition, the Commissioner has the power to not grant or renew a tattooist licence if they are satisfied the person is not a fit and proper person to hold a licence.
Defending Your Future
It is important to be fully informed about the impact a criminal charge may have on your future. Arthur Law is a boutique criminal law firm focused on Defending Your Future.
Contact one of our specialist criminal lawyers today for a free 30 minute phone consultation on 0421 700 497.
