Health (Protection) Amendment Act 2016

Part 2 Artificial UV tanning services

22 New Part 5 inserted

After section 112ZP, insert:

Part 5 Artificial UV tanning services

Preliminary provision

113 Interpretation

In this Part, unless the context otherwise requires,—

approved evidence of age document has the same meaning as in section 5(1) of the Sale and Supply of Alcohol Act 2012

artificial UV tanning services means the provision, for payment or other consideration, of ultraviolet (UV) radiation via sunbeds, sunlamps, or any other device that emits UV radiation.

Ban on provision of services to persons under 18 years

114 Ban on providing artificial UV tanning services to persons under 18 years

(1)

This section applies to owners and operators of premises providing artificial UV tanning services.

(2)

The owner or operator must not provide artificial UV tanning services to a person under the age of 18 years.

(3)

A person who contravenes subsection (2) commits an offence and is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $2,000:

(b)

in the case of a body corporate, to a fine not exceeding $10,000.

(4)

Subsection (2) does not apply to a person who provides artificial UV tanning services to a person under the age of 18 years at a hospital if a medical practitioner prescribed the services for the purpose of medical treatment.

(5)

It is a defence to a charge under subsection (2) if the defendant proves that,—

(a)

before or at the time the artificial UV tanning services were provided, there was produced to the defendant a document purporting to be an approved evidence of age document; and

(b)

the defendant believed on reasonable grounds that the document—

(i)

was in fact an approved evidence of age document; and

(ii)

related to the person to whom the artificial UV tanning services were provided; and

(iii)

indicated that the person to whom artificial UV tanning services were provided was aged 18 years or over.

Infringement offences

115 Infringement offences

In this section and sections 116 to 116B,—

infringement fee, in relation to an infringement offence, means an amount prescribed for the purposes of this section in regulations made under section 117(1)(rb)

infringement offence means an offence against section 114 or any regulations made under section 119(d) in relation to artificial UV tanning services.

116 Commission of infringement offences

A person who is alleged to have committed an infringement offence may either—

(a)

be proceeded against for the alleged offence by filing a charging document under section 14 of the Criminal Procedure Act 2011; or

(b)

be served with an infringement notice as provided for in section 116A.

116A Infringement notices

(1)

If a person authorised to issue infringement notices under this section observes a person committing an infringement offence, or he or she has reasonable cause to believe that such an offence is being or has been committed by that person, an infringement notice in respect of that offence may be served on that person.

(2)

Any person authorised to issue infringement notices under this section (not necessarily the person who issued the notice) may deliver the infringement notice (or a copy of it) to the person alleged to have committed an infringement offence personally or by post addressed to that person’s last known place of residence or business.

(3)

An infringement notice (or a copy of it) sent to a person under subsection (2) is to be treated as having been served on that person when it was posted.

(4)

Every infringement notice must be in the prescribed form and must contain the following particulars:

(a)

such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and

(b)

the amount of the infringement fee; and

(c)

the address of the place at which the infringement fee may be paid; and

(d)

the time within which the infringement fee must be paid; and

(e)

a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and

(f)

a statement that the person served with the notice has a right to request a hearing; and

(g)

a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and

(h)

any other particulars that may be prescribed.

(5)

If an infringement notice has been issued under this section, the procedure under section 21 of the Summary Proceedings Act 1957 may be used in respect of the offence to which the infringement notice relates and, in that case, the provisions of that section apply with the necessary modifications.

(6)

For the purposes of this section, the following persons are authorised to issue infringement notices under this section:

(a)

any environmental health officer:

(b)

any person, whether or not an employee of the Ministry or a local authority, who is authorised in writing by the Director-General to issue infringement notices under this section.

116B Payment of infringement fees

(1)

Infringement fees for infringement notices issued on behalf of the Ministry are payable to the Ministry.

(2)

Infringement fees for infringement notices issued on behalf of a local authority are payable to the local authority.