Public Health and Wellbeing Amendment (Hairdressing Registration) Act 2015

Authorised Version Public Health and Wellbeing Amendment (Hairdressing Registration) Act 2015 No. 11 of 2015 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 1 3 Definitions 2 4 Registration of prescribed accommodation 2 5 Application of Division 2 6 Registration of premises 2 7 New section 69A inserted 3 8 Application for registration 3 9 Provisions applying in respect of registration 4 10 New section 246E inserted 5 11 Repeal of amending Act 5 ═══════════════ Endnotes 6 1 General information 6 Authorised by the Chief Parliamentary Counsel i -- 1 of 7 -- Authorised Version Public Health and Wellbeing Amendment (Hairdressing Registration) Act 2015 † No. 11 of 2015 [Assented to 21 April 2015] The Parliament of Victoria enacts: 1 Purpose The purpose of this Act is to amend the Public Health and Wellbeing Act 2008 to provide for the registration, on an ongoing rather than periodic basis, of premises in which certain businesses are conducted. 2 Commencement This Act comes into operation on 1 March 2016. Victoria Authorised by the Chief Parliamentary Counsel 1 -- 2 of 7 -- Public Health and Wellbeing Amendment (Hairdressing Registration) Act 2015 No. 11 of 2015 3 Definitions In section 3(1) of the Public Health and Wellbeing Act 2008— (a) in the definition of beauty therapy, paragraph (b) is repealed; (b) in the definition of registered premises, after "section 69" insert "or 69A". 4 Registration of prescribed accommodation In section 67 of the Public Health and Wellbeing Act 2008, for "register" substitute "register, on a periodic basis,". 5 Application of Division After section 68(a) of the Public Health and Wellbeing Act 2008 insert— "(ab) business of applying cosmetics that does not involve skin penetration or tattooing;". 6 Registration of premises (1) In the heading to section 69 of the Public Health and Wellbeing Act 2008, for "premises" substitute "premises—higher risk services". (2) In section 69(1) of the Public Health and Wellbeing Act 2008— (a) after "subsection (2)" insert "or (3)"; (b) for "register" substitute "register, on a periodic basis,". (3) After section 69(2) of the Public Health and Wellbeing Act 2008 insert— "(3) Subsection (1) does not apply in relation to premises— (a) at which the person— (i) conducts a business referred to in section 68(ab) or (c); and 2 Authorised by the Chief Parliamentary Counsel -- 3 of 7 -- Public Health and Wellbeing Amendment (Hairdressing Registration) Act 2015 No. 11 of 2015 (ii) does not conduct any other business referred to in section 68; and (b) in respect of which the person holds a registration issued, transferred or renewed on an ongoing basis.". 7 New section 69A inserted After section 69 of the Public Health and Wellbeing Act 2008 insert— "69A Registration of premises—lower risk services (1) Subject to subsection (2), a person conducting a business referred to in section 68(ab) or (c) may, in accordance with Division 4, register, on an ongoing basis, any premises upon which that person conducts that business with the Council in whose municipal district the premises are located. (2) Subsection (1) does not apply if the person also conducts any other business referred to in section 68 at the premises.". 8 Application for registration (1) In section 71 of the Public Health and Wellbeing Act 2008, for "renewal or transfer" (where first occurring) substitute "transfer or renewal". (2) After section 71(b) of the Public Health and Wellbeing Act 2008 insert— "(ba) if the application is for the issue, transfer or renewal of the registration of premises required to be registered under Division 3— (i) indicating each class of business referred to in section 68 that is conducted by the applicant at the premises; and 3 Authorised by the Chief Parliamentary Counsel -- 4 of 7 -- Public Health and Wellbeing Amendment (Hairdressing Registration) Act 2015 No. 11 of 2015 (ii) stating whether the registration is to be issued, transferred or renewed on a periodic or ongoing basis;". (3) In section 71(d) of the Public Health and Wellbeing Act 2008, for "renewal or transfer" substitute "transfer or renewal". 9 Provisions applying in respect of registration (1) In section 74(d) of the Public Health and Wellbeing Act 2008, for "for" substitute "subject to subsection (2), for". (2) In section 74(e) of the Public Health and Wellbeing Act 2008, for "unless" substitute "subject to subsection (2), unless". (3) At the end of section 74 of the Public Health and Wellbeing Act 2008 insert— "(2) Subsection (1)(d) and (e) do not apply in relation to a registration that is issued, transferred or renewed on an ongoing basis. (3) A registration may be issued, transferred or renewed on an ongoing basis in respect of premises required to be registered under Division 3 if, in accordance with section 71(ba), the application— (a) does not indicate that a business referred to in section 68(a), (b), (d), (e) or (f) is to be conducted at the premises; and (b) states that the registration is to be issued, transferred or renewed on an ongoing basis. (4) A registration that is issued, transferred or renewed on an ongoing basis remains in force until it is cancelled or suspended.". 4 Authorised by the Chief Parliamentary Counsel -- 5 of 7 -- Public Health and Wellbeing Amendment (Hairdressing Registration) Act 2015 No. 11 of 2015 10 New section 246E inserted After section 246D of the Public Health and Wellbeing Act 2008 insert— "246E Periodic registrations On and after 1 March 2016, a registration issued, transferred or renewed under Division 4 of Part 6 that was in force immediately before 1 March 2016 is taken to be a registration issued, transferred or renewed on a periodic basis.". 11 Repeal of amending Act This Act is repealed on 1 March 2017. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ 5 Authorised by the Chief Parliamentary Counsel -- 6 of 7 -- Endnotes Public Health and Wellbeing Amendment (Hairdressing Registration) Act 2015 No. 11 of 2015 Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 25 February 2015 Legislative Council: 19 March 2015 The long title for the Bill for this Act was "A Bill for an Act to amend the Public Health and Wellbeing Act 2008 to make provision in relation to the registration of premises in which certain businesses are conducted and for other purposes." Authorised by the Chief Parliamentary Counsel 6 -- 7 of 7 --