Solaria (tanning units)
It is illegal for a person or business to provide or offer the commercial use of a UV tanning unit.
Excessive or prolonged exposure to ultraviolet (UV) radiation can damage DNA and increase the risk of skin cancers, including melanoma, basal cell carcinoma, and squamous cell carcinoma.
UV tanning units are particularly dangerous because they emit UV radiation at levels much higher than natural sunlight, greatly increasing the risk of skin cancer. Studies have shown that younger people are more at risk of skin cancer associated with UV tanning unit use, with impacts increasing with younger age of first use.
Since 2014, it has been illegal in NSW to provide or offer to provide the use of a UV tanning unit for fee or reward, or in connection with another service provided for fee or reward.
Strengthening of the prohibition
Changes introduced by the Protection from Harmful Radiation Regulation 2025 include prohibiting operating or providing the use of a UV tanning unit, or offering to operate or provide the use of, a UV tanning unit for fee or reward.
This includes operating or providing the use of, or offering to operate or provide the use of, a UV tanning unit in connection with other goods or services that are provided for fee or reward, including in connection with membership of a club, association or other body.
Liability
This prohibition applies to both:
- a person who operates or provides the use of a UV tanning unit, or offers to operate or provide the use of a UV tanning unit, or
- another person who causes or permits a person to operate or provide the use of a UV tanning unit, or offer to operate or provide the use of a UV tanning unit.
This means that, for example, both an employee and an employer can be held liable.
Restricted tanning advertisement
Publication of a 'restricted tanning advertisement' is presumed, in the absence of evidence to the contrary, to be an offer to operate or provide the use of a tanning unit for fee or reward, whether or not the advertisement mentions or specifies a fee or cost.
A 'restricted tanning advertisement' means an advertisement, notice or information that includes an image or video depicting all or part of a UV tanning unit, or audio or text referring to or describing a UV tanning unit, that solicits, invites or promotes enquiries about the use of a UV tanning unit, including by providing the name or contact details of the person who published the advertisement or a person who provides the use of a UV tanning unit.
This includes a 'restricted tanning advertisement' published by social media, by text message, email or other media.
Penalties
Fines of up to $27,500 for individuals and $55,000 for business may apply to anyone who is convicted in court of an offence against these provisions.
A penalty notice of $5,000 for an individual or $10,000 may be imposed by the EPA.
Tanning units
In the Regulation, a tanning unit is defined as a non-ionising radiation apparatus designed to produce the tanning of human skin by emitting UV radiation, whether or not the apparatus also emits other frequencies of light.
Sometimes tanning units that emit UV and other frequencies of light, such as red light or infrared light, are marketed as 'collariums', promising a smoother, safer tan. These UV-emitting 'collariums' are not a safer way to tan.
More information
For more information refer to Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) advice on solaria and tanning beds, and collariums.