AUSTRALIA - Tattoo registry rejected as infringement on rights

OFF THE WIRE
Tattooists have rejected a proposal for a Queensland tattoo registry to discourage bikie-related money laundering, with lawyers saying it would impede on privacy.
The registry would force people wanting tattoos to register their intentions with the Government, in an attempt to stop bikie-related tattoo parlours taking receipts for fake customers.
Gold Coast MP for Mermaid Beach, Ray Stevens, who put the proposal to State Parliament last Thursday, said bikie-related crime is a huge concern for his electorate.
"Under the Health Act there should be a register of people getting tattoos so that we can identify those people getting tattoos," Mr Stevens said.
"Rather than have John Smith, Bill Brown and all the other fake names of people who are paying $5,000 or $10,000 for tattoos.
This is a way for these bikie clubs to clean their money." But Australian Tattooists Guild spokesman Josh Roelink says the registry is a "huge infringement on civil liberties and privacy".
Mr Roelink, who is a tattooist in the northern NSW town of Lennox Head, says the majority of people he has spoken to would not want to register a tattoo.
"The majority of our clients would probably be reluctant to do it, and it's just a huge infringement on civil liberties and privacy," Mr Roelink said.
"The second concern we have is where the resources are coming from and who's going to pay for it all.
"Who's going to be the department that's going to process them? If it's going to be under the Health Act then it's going to be the Health Department and I think those resources could be used a lot better.
"Also it just means extra work for [tattooists] when we're already under a barrage of red tape for our businesses." Under the Tattoo Parlours Act 2012, tattoo shops in New South Wales are required to make financial business records including invoices, receipts, cash flow statements available for inspection by police at any "reasonable time".
Mr Roelink says the money that would be spent on establishing a tattoo registry could be better spent elsewhere.
"If they really want to stop the idea of money laundering then they should be giving the money to the powers that are actually going to provide it and police it instead of trying to create something completely separate," he said.
"It's just a complete waste spending money trying to create infrastructure for something that could be policed in a better way." Registry 'overkill' Queensland Council for Civil Liberties president Michael Cope says the proposed laws are "overkill" considering the powers police and government agencies already have to investigate unexplained wealth or suspect cash transactions.
Mr Cope says such a move would also be a violation of freedom of speech, and the he doubts a registry would be effective.
"There are already ample powers under the Cash Transaction Reports Act to deal with cash transactions," Mr Cope said.
"To have people's names recorded because they've had a tattoo done, is an unnecessary invasion of privacy because you'll be recording the names of people who will be perfectly innocent.
"It just seems to be one of these crazy ideas people come up with.
I'd like to see any evidence that it's been done anywhere and had any effect.
"I don't see how that is going to generate any significant important evidence." Bikies bad for business One Gold Coast tattoo artist, who wants to remain anonymous to avoid further bikie-related violence at his business, says the association between bikie gangs and tattoo parlours is doing serious harm to the industry.
He says it is unfair that tattoo shops are the only businesses being singled out, considering bikie gangs are known to run other types of businesses for the purposes of money laundering.
"They don't just own tattoo shops," he said.
"They own hairdressers, they own car shops - it's more than just tattoo shops.
"If you want to start nailing people getting tattoos, you may as well do it to any dude that goes and gets his car done, or any dude that goes and gets a haircut.
"They've got restaurants - so, what, you go and get registered to have a meal?" New South Wales barrister Mark Polden says focusing on tattoo parlours may only serve to drive illegal activity elsewhere.
"Even if it were to be established, let's assume for argument's sake, that money laundering was going on through these kinds of businesses, all it's going to do in all probability is to drive that into another business," Mr Polden said.
"Whether it's smash repair businesses or hairdressers or whatever it is, it's probably just going to move the problem elsewhere isn't it?" Mr Polden also expressed some concern that some younger customers could be encouraged to avoid the registry by using equipment bought online.
"It could have an unintended consequence of causing people to resort to do-it-yourself with a tattoo gun bought over the internet in non-sterile conditions," Mr Polden said.
"That's a very undesirable outcome." The Queensland Government has not yet determined whether the registry will be introduced.
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