Hairdressers' Registration Act 1975

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Hairdressers' Registration Act 1975

An Act to provide for the regulation of the business of hairdressers, including the licensing of premises for the carrying on of such a business and the registration of persons carrying out hairdressing operations for remuneration, and to repeal the Ladies' Hairdressers and Beauty Culturists Act 1939

[Royal Assent 23 May 1975]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART I - Preliminary

1.   Short title and commencement

(1)  This Act may be cited as the Hairdressers' Registration Act 1975 .
(2)  This Act shall commence on a date to be fixed by proclamation.

2.   Repeals

(1)  The Ladies' Hairdressers and Beauty Culturists Act 1939 is repealed.
(2)  Section 37 of the Podiatrists Registration Act 1974 is repealed.

3.   Interpretation

In this Act, unless the contrary intention appears –
Board means the Hairdressers' Registration Advisory Board established under this Act;
business means the business of a hairdresser;
certificate means a master's certificate, principal's certificate, or hairdresser's certificate, as the context requires;
hairdresser's certificate has the meaning assigned to that expression by section 9B (c) ;
hairdressing operation means –
(a) arranging, dressing, curling, waving, cleansing, cutting, trimming, shaving, singeing, bleaching, tinting, colouring, or other treatment of the hair of any person, whether by hand or by any mechanical or electrical apparatus or appliance;
(b) massaging, cleansing, or stimulating the scalp, face, or neck of any person, whether by the use of cosmetic, antiseptic, or similar preparations, or of tonics, lotions, or cream or otherwise, when carried out on the premises of a hairdresser; or
(c) carrying out any beauty treatment on the premises of a hairdresser;
licence means a licence granted under section 8 in respect of premises at which the business of a hairdresser is carried on;
licensed means licensed under this Act;
master's certificate has the meaning assigned to that expression by section 9B (a) ;
permit means a permit granted under section 17 ;
prescribed class, in relation to hairdressing operations, means a class of those operations prescribed by section 4 ;
principal's certificate has the meaning assigned to that expression by section 9B (b) ;
remuneration includes fee, reward, salary, and wages;
Secretary means the Secretary of the Department.

4.   Classes of hairdressing operations

The following classes of hairdressing operations are prescribed as the classes of hairdressing operations for the purposes of this Act, namely:
(a) Male hairdressing operations;
(b) Female hairdressing operations; and
(c) Male and female hairdressing operations.
PART II - The Hairdressers' Registration Advisory board

5.   Establishment of the Hairdressers' Registration Advisory Board

(1)  There shall be established a board to be known as the Hairdressers' Registration Advisory Board.
(2)  The functions of the Board are –
(a) to give advice to the Secretary on any matter in respect of which this Act provides for its giving advice to him; and
(b) to give advice and to make recommendations to the Secretary on other matters relating to the administration of this Act, both at the request of the Secretary and on its own initiative.
(3)  The Board shall consist of the Secretary who shall be the chairman of the Board and 6 other members appointed by the Minister, of whom –
(a) one shall be a person appointed to represent the Master Ladies' Hairdressers Association of Tasmania;
(b) one shall be a person appointed to represent the Tasmanian Master Hairdressers' Association;
(c) one shall be a person appointed to represent employees in the hairdressing trade;
(d) one shall be a person employed in the Department;
(e) one shall be a person employed in the responsible Department in relation to the Industrial and Commercial Training Act 1985 ;
(f) one shall be a person employed in the responsible Department in relation to the Public Health Act 1962 .
(4)  If an association referred to in paragraph (a) or paragraph (b) of subsection (3) ceases to exist or ceases to exist under the name specified in the appropriate paragraph, the Minister may, by order, declare that this section shall have effect as if a reference to that association were a reference to an association specified in the order, and, on the coming into force of that order, this section has effect accordingly.
(5)  A member of the Board who is an officer of the Division referred to in subsection (3) (d) shall be a person who appears to the Minister to have substantial experience as an instructor in the hairdressing trade.
(6)  A member of the Board who is appointed under –
(a) paragraph (a) or paragraph (b) of subsection (3) shall be appointed by the Minister from 2 persons nominated by the association referred to in the appropriate paragraph; or
(b) paragraph (c) of that subsection shall be appointed by the Minister from 2 persons nominated by an association of the employees referred to in that paragraph.
(7)  If an association authorized to nominate persons as mentioned in subsection (6) fails for one month to comply with a request by the Minister to do so, the Minister may appoint as a member of the Board any person instead of a person so nominated and that person may be appointed as if so nominated.
(8)  The chairman of the Board, or, if he is absent, such one of the other members present as they may choose, shall preside at each meeting of the Board.
(9)  The chairman or other person presiding at a meeting of the Board has a deliberative vote only and, in the event of an equality of votes on any matter before a meeting of the Board, the matter stands adjourned to the next meeting of the Board.
(10)  At any meeting of the Board, a quorum is constituted if at least half of the members are present.
(11)  Subject to this section, the Board may regulate its own proceedings.
(12)  Subject to the Tasmanian State Service Act 1984 , the members of the Board may be paid such remuneration and allowances as the Governor may determine.
(13)  The members of the Board are not, as such, subject to the provisions of the Tasmanian State Service Act 1984 .
PART III - Licensing of Premises and Registration of Masters, Principals, and Hairdressers
Division 1 - General prohibitions in respect of businesses, masters, principals, and hairdressers

6.   Prohibition against carrying on business on unlicensed premises

(1)  No person shall carry on at any premises, or hold out that there is carried on at any premises, the business of a hairdresser, unless –
(a) those premises are licensed for the carrying on of that business; and
(b) in the case of –
(i) a business in which both male and female hairdressing operations are carried out, the business is in charge of a person holding a master's certificate; or
(ii) a business in which only male hairdressing operations or only female hairdressing operations are carried out, the business is in charge of a person holding a principal's certificate authorizing him to be in charge of such a business.
Penalty:  Fine not exceeding 10 penalty units, and a daily penalty of a fine not exceeding 1 penalty unit.
(2)  A person shall not be in charge of the business of a hairdresser in which –
(a) both male and female hairdressing operations are carried out, unless he is the holder of a master's certificate; or
(b) only male hairdressing operations or only female hairdressing operations are carried out, unless he is the holder of a principal's certificate authorizing him to be in charge of such a business.
Penalty:  Fine not exceeding 10 penalty units.
(2A)  Subsections (1) (b) and (2) do not apply to the business of a hairdresser during a period in respect of which there is in force an exemption granted under section 15 (3) to the holder of the licence in respect of the premises at which the business is carried on if, during that period, any terms and conditions to which the exemption is subject are complied with.
(3)  This section does not apply to a business carried on under the authority of a permit.

7.   Prohibition against unregistered operators

(1)  .  .  .  .  .  .  .  .  
(2)  Subject to this section and to section 17 , no person shall carry out a hairdressing operation of a prescribed class for a remuneration or in expectation of receiving a remuneration, unless –
(a) he is the holder of a hairdresser's certificate authorizing him to carry out that class of hairdressing operations; and
(b) he carries out that class of hairdressing operations at licensed premises.
Penalty:  Fine not exceeding 10 penalty units.
(3)  Subject to this section, no person who carries on the business of a hairdresser shall cause or allow a person in his employment –
(a) .  .  .  .  .  .  .  .  
(b) to carry out a hairdressing operation of a prescribed class, unless the other person is the holder of a hairdresser's certificate authorizing him to carry out that class of hairdressing operations.
Penalty:  Fine not exceeding 10 penalty units, and a daily penalty of a fine not exceeding 1 penalty unit.
(4)  Nothing in this section requires –
(a) the holder of a master's certificate or principal's certificate; or
(b) a person who is employed as an apprentice in the trade of hairdressing –
to hold a hairdresser's certificate.
Division 2 - Licensing of premises

8.   Grant of licences

(1)  Subject to this section, upon application in the prescribed manner and payment of the prescribed fee, the Secretary shall grant a licence for the carrying on of the business of a hairdresser at the premises that are specified in the licence as those at which that business may be carried on.
(2)  No fee is payable for a licence under subsection (1) , if –
(a) the premises to which the licence relates are licensed under the Workplace Health and Safety Act 1995 ; or
(b) an application for the registration of those premises under that Act is made at the same time as the application for the licence.
(3)  Without prejudice to the following provisions of this section, the Secretary shall not grant a licence if he is satisfied that, in all the circumstances of the case, it would be contrary to the public interest for the licence to be granted.
(4)  The Secretary may refuse to grant a licence –
(a) if the person by whom business is to be carried on pursuant to the licence has been convicted of an offence in relation to the carrying on of the business of a hairdresser; or
(b) if the person who it is proposed will be the master or principal in charge of the business has been convicted of such an offence as is referred to in paragraph (a) or an offence in relation to the carrying out of a prescribed class of hairdressing operations.
(5)  The Secretary shall not grant a licence unless he is satisfied that the premises in which it is proposed to carry on business pursuant to the licence comply, in relation to their design, construction, furnishing, and equipment, with such requirements as may be prescribed with respect to the carrying on of the business of a hairdresser.

9.   Revocation of licences

(1)  On an application being made in the prescribed manner by the holder of a licence, the Secretary shall revoke the licence.
(2)  The Secretary may revoke a licence under this section –
(a) if he is satisfied that the holder of the licence has obtained it by fraud or misrepresentation;
(b) if the holder of the licence has been convicted of an offence against this Act; or
(c) on any ground on which he could refuse to grant a licence.
Division 3 - Certificates of registration

9A.   Interpretation

In this Division examination means an examination conducted by officers of the Department.

9B.   Kinds of certificates of registration

The following kinds of certificates of registration may be granted under this Act:
(a) a certificate (in this Act referred to as "a master's certificate") authorizing the holder to be in charge of a business in which both male and female hairdressing operations are carried out;
(b) a certificate (in this Act referred to as "a principal's certificate") authorizing the holder to be in charge of a business in which only the class of hairdressing operations specified in the certificate, being either male hairdressing operations or female hairdressing operations, is carried out;
(c) a certificate (in this Act referred to as "a hairdresser's certificate") authorizing the holder to carry out the class of hairdressing operations specified in the certificate.

10.   Grant of masters' certificates

(1)  Subject to this section, upon application in the prescribed manner and payment of the prescribed fee, the Secretary shall grant a master's certificate to the applicant.
(2)  The Secretary may refuse to grant a master's certificate if the applicant for the certificate has been convicted of an offence in relation to the carrying on of the business of a hairdresser or in relation to the carrying out of a prescribed class of hairdressing operations.
(3)  Subject to subsection (4) , the Secretary shall not grant a master's certificate unless he is satisfied that the applicant for the certificate –
(a) has successfully completed an apprenticeship in hairdressing under the Industrial and Commercial Training Act 1985 and one of the following:
(i) an apprenticeship trade course in hairdressing conducted by the Department;
(ii) an apprenticeship trade course in female hairdressing and such additional training conducted by the Department as is deemed by the Secretary, on the advice of the Board, to provide appropriate qualifications in male hairdressing operations;
(iii) such training conducted by the Department as is deemed by the Secretary, on the advice of the Board, to be equivalent to the qualifications prescribed by subparagraph (ii) ; and
(b) has –
(i) had at least 2 years' experience in both male and female hairdressing operations after completing the term of the apprenticeship referred to in paragraph (a) ; or
(ii) successfully completed a course in salon administration and a course in biology of hair and skin or in beauty culture, being courses conducted by the Department.
(4)  The Secretary may grant a master's certificate to an applicant who has such qualifications and experience as are appropriate to a business in which both male and female hairdressing operations are carried out as are, subject to subsection (5) , deemed by the Secretary, on the advice of the Board, to be equivalent to the qualifications and experience prescribed by subsection (3) .
(5)  For the purposes of subsection (4) , the Secretary may, if he considers it necessary, require an applicant for a master's certificate to pass an examination in male and female hairdressing operations or either of those operations.

10A.   Grant of principals' certificates

(1)  Subject to this section, upon application in the prescribed manner and payment of the prescribed fee, the Secretary shall grant a principal's certificate to the applicant.
(2)  The Secretary may refuse to grant a principal's certificate if the applicant for the certificate has been convicted of an offence in relation to the carrying on of the business of a hairdresser or in relation to the carrying out of a prescribed class of hairdressing operations.
(3)  Subject to subsection (4) , the Secretary shall not grant a principal's certificate unless he is satisfied that the applicant for the certificate –
(a) has successfully completed an apprenticeship in hairdressing under the Industrial and Commercial Training Act 1985 ;
(b) has, in the case of an application to be in charge of a business in which –
(i) only male hairdressing operations are carried out, successfully completed such training conducted by the Department as is deemed by the Secretary, on the advice of the Board, to provide qualifications that are appropriate to those operations; or
(ii) only female hairdressing operations are carried out, successfully completed an apprenticeship trade course in female hairdressing conducted by the Department; and
(c) has –
(i) had at least 2 years' experience in the appropriate class of hairdressing operations after completing the term of the apprenticeship referred to in paragraph (a) ; or
(ii) successfully completed courses of the kinds referred to in section 10 (3) (b) (ii) conducted by the Department.
(4)  The Secretary may grant a principal's certificate to an applicant who has such qualifications and experience as are appropriate to the class of hairdressing operations carried out in the business of which he will be in charge as are, subject to subsection (5) , deemed by the Secretary, on the advice of the Board, to be equivalent to the relevant qualifications and experience prescribed by subsection (3) .
(5)  For the purposes of subsection (4) , the Secretary may, if he considers it necessary, require an applicant for a principal's certificate to pass an examination in the appropriate class of hairdressing operations.

11.   Grant of hairdressers' certificates

(1)  Subject to this section –
(a) upon application in the prescribed manner for a hairdresser's certificate to carry out a prescribed class of hairdressing operations; and
(b) upon payment of the prescribed fee –
the Secretary shall grant to the applicant a hairdresser's certificate authorizing him to carry out that class of hairdressing operations.
(2)  The Secretary shall not grant a hairdresser's certificate unless he is satisfied that the applicant for the certificate –
(a) has successfully completed an apprenticeship and an apprenticeship trade course conducted by the Department that are, to the satisfaction of the Secretary, appropriate to the prescribed class of hairdressing operations that the applicant proposes to carry out pursuant to that certificate; or
(b) has such qualifications appropriate to that prescribed class of hairdressing operations as are, subject to subsection (3) , deemed by the Secretary, on the advice of the Board, to be equivalent to the qualifications prescribed by paragraph (a) .
(3)  For the purposes of subsection (2) (b) , the Secretary may, if he considers it necessary, require an applicant for a hairdresser's certificate to pass an examination in the appropriate class of hairdressing operations.
(4)  .  .  .  .  .  .  .  .  

12.   Revocation of certificates

(1)  On an application being made in the prescribed manner by the holder of a certificate, the Secretary shall revoke the certificate.
(2)  The Secretary may revoke a certificate under this section –
(a) if he is satisfied that the holder of the certificate has obtained it by fraud or misrepresentation;
(b) if the holder of the certificate has been convicted of an offence against this Act; or
(c) in the case of a master's certificate or principal's certificate, on any ground on which he could refuse to grant the certificate.
Division 4 - Provisions applicable to licences and certificates

13.   Procedure on refusal to grant licences and certificates

(1)  Before refusing to grant a licence or certificate, the Secretary shall serve on the person making application for the licence or certificate a notice of his intention so to do, specifying the grounds thereof.
(2)  Before revoking a licence under section 9 (2) or a certificate under section 12 (2) , the Secretary shall serve a notice on the holder of the licence or certificate of his intention so to do, specifying the grounds thereof.
(3)  If, within 14 days after the service of a notice under subsection (1) or subsection (2) , the person on whom the notice is served so requires, the Secretary shall not refuse to grant the licence or certificate to which the notice relates or revoke that licence or certificate, until he has given that person the opportunity of being heard by him, or some person authorized by him in that behalf.

14.   Appeals

(1)  A person aggrieved by a decision of the Secretary to refuse to grant a licence or certificate, or to revoke a licence or certificate, may appeal to a magistrate.
(2)  An appeal under this section shall be made in the prescribed manner and within the prescribed time.
(3)  On the hearing of an appeal under this section, the magistrate (unless he dismisses the appeal) may quash the decision in respect of which the appeal is made, and may direct the Secretary to grant the licence or certificate to which the appeal relates, and the Secretary shall comply with any such direction.
(4)  Subject to subsection (5) , an appeal under this section shall be instituted, heard, and determined as prescribed.
(5)  Upon the hearing of an appeal under this section, a magistrate may, if he thinks it just so to do, award costs to or against the appellant, and may assess the amount of those costs.
(6)  The Minister shall pay to the appellant any costs awarded to the appellant under subsection (5) , and any costs awarded against the appellant under that subsection may be recovered from him as a debt due to the Crown.
(7)  The decision of a magistrate on the hearing of an appeal under this section is final and is not subject to appeal.
PART IV - Provisions relating to the carrying on of business

15.   Master, &c., to be in attendance at licensed premises

(1)  Except as may otherwise be permitted by regulations made for the purposes of this section, business shall not be carried on on any licensed premises, unless –
(a) in the case of a business in which both male and female hairdressing operations are carried out, the holder of a master's certificate or a person who has the qualifications and experience that are required by section 10 (3) ; or
(b) in the case of a business in which only male hairdressing operations or only female hairdressing operations are carried out, the holder of a principal's certificate or a person who has the qualifications and experience that are required by section 10A (3)
is in attendance at those premises and is exercising personal supervision over the persons employed at those premises in the carrying out of those hairdressing operations.
(2)  If subsection (1) is contravened in relation to the business carried on at any licensed premises, the person carrying on the business and the holder of a master's certificate or principal's certificate who is in charge of that business are each guilty of an offence and are each liable on summary conviction to a fine not exceeding 10 penalty units.
(3)  Subject to subsection (4) , the Secretary may grant to the holder of a licence an exemption from the requirements of subsection (1) in relation to the business carried on at the premises to which the licence relates, if –
(a) there is no person available who is qualified to hold the appropriate certificate, or who has the appropriate qualifications and experience, referred to in that subsection; and
(b) the Secretary is satisfied that steps are being taken to obtain the services of a person who is so qualified or who has those qualifications and experience and that, during the period in respect of which the exemption is granted, the business will be in charge of a person holding a hairdresser's certificate appropriate to the class of hairdressing operations carried out at those premises.
(4)  An exemption under subsection (3)
(a) shall be granted without the payment of a fee;
(b) may be granted unconditionally or subject to such terms and conditions as are specified in the exemption;
(c) shall be for such period as is specified in the exemption; and
(d) may be revoked at any time by the Secretary by a notice served on the holder of the licence to whom it is granted.

16.   Regulations as to business of hairdressers

(1)  Subject to subsection (2) , regulations under this Act may make provision for the regulation of the business of hairdressers, and, without prejudice to the generality of the foregoing provisions of this section, may –
(a) impose requirements with respect to the premises in which such a business is carried on, and the layout, furnishing, and equipment thereof;
(b) prohibit or restrict the use of those premises for any purpose other than the carrying on of such a business;
(c) impose requirements for the supply and use of protective clothing; and
(d) impose requirements with respect to the standards of hygiene and cleanliness to be observed in those premises in the carrying on of such a business and in the hairdressing operations carried out at those premises.
(2)  Regulations shall not be made under subsection (1) (a) or (b) in respect of premises in which business is carried on under the authority of a permit.

17.   Permits to carry on business at unlicensed premises

(1)  The Secretary may, subject to subsection (2) , grant to –
(a) the holder of a certificate; or
(b) a person who he is satisfied has the qualifications for a certificate required by this Act and such experience as the Secretary deems appropriate –
a permit authorizing that person to carry out personally at the premises specified in the permit (being premises other than licensed premises) the same prescribed class of hairdressing operations that he is authorized or qualified to carry out, or to have charge of carrying out, under this Act.
(2)  A permit under this section –
(a) shall be granted without the payment of a fee;
(b) may be granted unconditionally or subject to such terms and conditions as are specified in the permit;
(c) expires on such date (if any) as is specified in the permit; and
(d) may be revoked at any time by the Secretary by a notice served on the person to whom it was granted.
(3)  A person to whom a permit is granted under this section authorizing the carrying on of business at any premises shall ensure that, in relation to the carrying on of business pursuant to the permit, the terms and conditions specified in the permit are complied with.
Penalty:  Fine not exceeding 10 penalty units.
PART V - Miscellaneous

18.   Offences by persons who do not hold authorities under this Act

(1)  No person shall take or use any name, title, addition, or description falsely implying, or shall otherwise pretend –
(a) that he is carrying on business in licensed premises or under the authority or a permit;
(b) that he is the holder of a certificate or permit; or
(c) that he is the holder of a certificate or permit authorizing him to carry out a prescribed class of hairdressing operations.
Penalty:  Fine not exceeding 10 penalty units.
(2)  This section shall commence at the expiration of 6 months from the commencement of this Act.

19.   Prohibition on teaching of business for remuneration

(1)  No person shall, for a remuneration or in expectation of receiving a remuneration, teach or undertake, or offer to teach, any other person the business of a hairdresser or a prescribed class of hairdressing operations.
Penalty:  Fine not exceeding 10 penalty units, and a daily penalty of a fine not exceeding 1 penalty unit.
(2)  This section does not apply to –
(a) the teaching given at a college or other educational institution maintained wholly or partly by the State; or
(b) the teaching given at any occasional demonstration of a prescribed class of hairdressing operations.

20.   Powers of entry

An authorized officer for the purposes of the Industrial Safety, Health, and Welfare Act 1977 may at any reasonable time enter and inspect licensed premises or premises in respect of which a permit granted under section 17 is in force.

21.   Service of notices

(1)  A notice authorized or required to be served on any person under this Act may be so served –
(a) by delivering it to him personally;
(b) by leaving it at his usual or last-known place of abode or business with some person apparently over the age of 18 years who appears to be residing or employed thereat; or
(c) by sending it by certified mail addressed to him at his usual or last-known place of abode or business.
(2)  Without prejudice to the generality of the provisions of subsection (1) , premises licensed for the carrying on of the business of a hairdresser shall, for the purposes of that subsection, be deemed to be the usual place of business of the person by whom the business is carried on therein and of the holder of a master's certificate or principal's certificate who is in charge of the business and of any holder of a hairdresser's certificate who is employed therein.

22.   Regulations

(1)  The Governor may make regulations for the purposes of this Act.
(2)  Without prejudice to the generality of subsection (1) , regulations made for the purposes of this Act –
(a) may contain provisions for or with respect to the examinations conducted by officers of the Education Department for the purposes of sections 10 , 10A , and 11 ;
(b) may prescribe the fees payable by candidates for an examination referred to in paragraph (a) ; and
(c) may impose fines for contraventions of the provisions thereof, not exceeding, in any case, 10 penalty units.

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