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Hairdressers Act 2003

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//    Codebase: Hairdressers Act 2003 (NSW)
//    Author/Contributor: Andrew Mowbray
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// Hairdressers Act 2003 (NSW)
// Act 62 of 2003 as at 5 December 2019 // Commencement: 1 September 2004 // CONTEXT Hairdressers Act 2003 RULE Section 1 - Name of Act PROVIDES this Act is the Hairdressers Act 2003 RULE Section 2 - Commencement PROVIDES this Act commences on a day or days to be appointed by proclamation RULE Section 3 - Hairdressers must be qualified PROVIDES the hairdresser may not act as a hairdresser in New South Wales ONLY IF the hairdresser receives a fee, gain or reward for hairdressing services AND the hairdresser is not qualified to act as a hairdresser AND section 3 applies IF the hairdresser may not act as a hairdresser in New South Wales THEN the hairdresser is liable to a penalty of 20 penalty units under section 3 RULE Section 4 - When is an individual "qualified to act as a hairdresser" PROVIDES SUBRULE Section 4(1) SUBRULE Section 4(2) RULE Section 4(1) PROVIDES the hairdresser is qualified to act as a hairdresser ONLY IF section 4(1)(a) applies OR section 4(1)(c) applies OR section 4(1)(d) applies RULE Section 4(1)(a) PROVIDES section 4(1)(a) applies ONLY IF the hairdresser has been awarded a hairdressing qualification AND the qualification was awarded by a registered training organisation AND the qualification is an "authorised qualification" under section 4(2) RULE Section 4(1)(c) PROVIDES section 4(1)(c) applies ONLY IF a determination has been made under section 37 of the Apprenticeship and Traineeship Act 2001 that the hairdresser is adequately trained to pursue the recognised trade vocation of hairdressing (because the hairdresser has acquired the competencies of the recognised trade vocation) RULE Section 4(1)(d) PROVIDES section 4(1)(d) applies ONLY IF the hairdresser has held, or been taken to have held, a licence under Part 6 (Regulation of the hairdressing trade) of the Shops and Industries Act 1962 AND the licence was limited to carrying out beauty treatment only RULE Section 4(2) PROVIDES SUBRULE Section 4(2) "authorised qualification" SUBRULE Section 4(2) "registered training organisation" RULE Section 4(2) "authorised qualification" PROVIDES the qualification is an "authorised qualification" under section 4(2) ONLY IF subsection (a) of the definition of "authorised qualification" applies OR subsection (b) of the definition of "authorised qualification" applies RULE Section 4(2) "authorised qualification" (a) PROVIDES subsection (a) of the definition of "authorised qualification" applies ONLY IF the qualification is a Certificate III in Hairdressing AND the Certificate III in Hairdressing is nationally endorsed RULE Section 4(2) "authorised qualification" (b) PROVIDES subsection (b) of the definition of "authorised qualification" applies ONLY IF the qualification is prescribed by the regulations RULE Section 4(2) "registered training organisation" PROVIDES "registered training organisation" has the same meaning as in the National Vocational Education and Training Regulator Act 2011 RULE Section 5 - Prohibition on unqualified hairdressers does not apply to apprentices, health care professionals or certain others PROVIDES section 3 does not apply ONLY IF section 5(a) applies OR section 5(b) applies OR section 5(c) applies OR section 5(d) applies RULE Section 5(a) PROVIDES section 5(a) applies ONLY IF the hairdresser is an apprentice within the meaning of the Apprenticeship and Traineeship Act 2001 AND the hairdresser is acting as an apprentice hairdresser under the direct control and supervision of qualified hairdresser RULE Section 5(b) PROVIDES section 5(b) applies ONLY IF the hairdresser is a legally qualified medical practitioner, nurse, physiotherapist or other health care professional AND the hairdresser is acting as a hairdresser when engaged in their practice as a medical or health care professional RULE Section 5(c) PROVIDES section 5(c) applies ONLY IF the hairdresser is acting as a hairdresser when providing care for elderly or disabled people RULE Section 5(d) PROVIDES section 5(d) applies ONLY IF the hairdresser is acting as a hairdresser in accordance with other circumstances as prescribed by the regulations RULE Section 6 - Apprenticeship and Traineeship Act 2001 not affected PROVIDES the operation of the Apprenticeship and Traineeship Act 2001 is not affected by this Act RULE Section 7 - Information and documents may be required PROVIDES SUBRULE Section 7(1) SUBRULE Section 7(2) RULE Section 7(1) PROVIDES IF an authorised officer has reason to believe that the hairdresser is acting as a hairdresser THEN section 7(1)(a) applies AND section 7(1)(b) applies RULE Section 7(1)(a) PROVIDES IF section 7(1)(a) applies THEN the authorised officer may serve a notice requiring the hairdresser to produce specified documents for inspection or copying at any place nominated in the notice RULE Section 7(1)(b) PROVIDES section 7(1)(b) applies ONLY IF the authorised officer may serve a notice requiring the hairdresser to provide the information specified in the notice RULE Section 7(2) PROVIDES the hairdresser is guilty of an offence under section 7(2) ONLY IF an authorised officer has served a notice under section 7 AND the hairdresser has not complied with the notice AND the time for compliance specified in the notice has expired IF the hairdresser is guilty of an offence under section 7(2) THEN the hairdresser is liable to a penalty of 20 penalty units under section 7 RULE Section 7(3) PROVIDES "authorised officer" means an investigator appointed under section 18 of the Fair Trading Act 1987 or an officer of a Government Department who is authorised by the Minister for the purposes of this section RULE Section 8 - Proceedings for offences PROVIDES SUBRULE Section 8(1) SUBRULE Section 8(2) RULE Section 8(1) PROVIDES proceedings for an offence under this Act may be dealt with summarily before the Local Court RULE Section 8(2) PROVIDES proceedings for an offence under this Act may be instituted only by the Minister or by a person duly authorised by the Minister in that behalf, either generally or in a particular case RULE Section 9 - Regulations PROVIDES the Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act // Section 10 is Repealed RULE Section 11 - Repeal of Hairdressing Regulation 1997 PROVIDES the Hairdressing Regulation 1997 is repealed RULE Section 12 - Review of Act PROVIDES SUBRULE Section 12(1) SUBRULE Section 12(2) SUBRULE Section 12(3) RULE Section 12(1) PROVIDES the Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives RULE Section 12(2) PROVIDES the review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act RULE Section 12(3) PROVIDES a report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years // Schedule 1 Repealed // // Mechanical and Common-sense rules // PERSON the hairdresser RULE Hairdressing Regulation 1997 Repealed by section 11 PROVIDES the qualification is not prescribed by the regulations AND the hairdresser is not acting as a hairdresser in accordance with other circumstances as prescribed by the regulations AND the Certificate III in Hairdressing is nationally endorsed GOAL RULE Hairdressers Act 2003 PROVIDES IF the hairdresser may not act as a hairdresser in New South Wales THEN BEGIN the hairdresser is liable to a penalty of 20 penalty units under section 3 IF the hairdresser is guilty of an offence under section 7(2) THEN the hairdresser is liable to a penalty of 20 penalty units under section 7 END DEFAULT ACT Hairdressers Act 2003 LINK authorised officer TO http://www.austlii.edu.au/au/legis/nsw/consol_act/ha2003152/s7.html#authorised_officer LINK authorised qualification TO http://www.austlii.edu.au/au/legis/nsw/consol_act/ha2003152/s4.html#authorised_qualification LINK qualified to act as a hairdresser TO http://www.austlii.edu.au/au/legis/nsw/consol_act/ha2003152/s4.html#qualified_to_act_as_a_hairdresser LINK registered training organisation TO http://www.austlii.edu.au/au/legis/nsw/consol_act/ha2003152/s4.html#registered_training_organisation

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