35ATattooing, body piercing and body modification

### 35A Tattooing, body piercing and body modification > *\[Section 35A Inserted by No. 1 of 1985, s. 4 \]**\[Section 35A Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 \]**\[Section 35A Subsection (2) added by No. 13 of 1987, s. 5 and Sched. 1 \]*[*\[Section 35A Repealed by No. 86 of 2001, s. 13, Applied:17 Dec 2001\]*](/view/html/inforce/2001-12-17/act-2001-086#GS13@EN) > > > (1)  In this section – > > > > > ***body branding*** means the process by which a mark, symbol or pattern is, by burning or cauterising, applied to a person's skin; > > > > > ***body implantation*** means the implanting of an object beneath the skin; > > > > > ***body modification procedure*** means – > > > > > > > > (a) tattooing; and > > > > > > > > > (b) body branding; and > > > > > > > > > (c) body implantation; and > > > > > > > > > (d) earlobe stretching; and > > > > > > > > > (e) tongue splitting; and > > > > > > > > > (f) body scarification; and > > > > > > > > > (g) any other procedure prescribed for the purposes of this paragraph; > > > > > ***body piercing*** means the piercing of part of a person's body to create one or more holes for the insertion of an object; > > > > > ***body scarification*** means the cutting of a person's skin to encourage the production of scar tissue; > > > > > ***genitalia*** includes surgically constructed genitalia; > > > > > ***guardian***, of a youth, means a parent or legal guardian of the youth; > > > > > ***intimate body piercing*** means the piercing of a person's genitalia, anal region, perineum, nipples or uvula; > > > > > ***youth*** means a person who is less than 18 years of age. > > > (2)  This section does not apply to a body piercing or body modification procedure performed on a person if the procedure is performed – > > > > > > (a) in the course of medical treatment; or > > > > > > > (b) for a medical or therapeutic purpose of a kind prescribed by the regulations. > > > (3)  A person must not perform a body modification procedure on a youth. > > > > Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 12 months. > > > (4)  A person must not perform – > > > > > > (a) an intimate body piercing on a youth; or > > > > > > > (b) any other body piercing on a youth without the youth's guardian being present at the time of the body piercing being carried out. > > > > Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 12 months. > > > (5)  [Subsection (4)(b)](#GS35A@Gs4@Hpb@EN) does not apply if the youth on whom the body piercing is to be performed is at least 16 years old. > > > (6)  It is a defence to a charge of an offence against [subsection (3)](#GS35A@Gs3@EN) or [(4)(a)](#GS35A@Gs4@Hpa@EN) to prove that – > > > > > > (a) the defendant, or some person acting on behalf of the defendant, required the youth to produce evidence in writing of his or her age; and > > > > > > > (b) the youth made a false statement, or produced false evidence, in response to that requirement; and > > > > > > > (c) in consequence, the defendant reasonably believed that the youth was of or above the requisite age. > > > (7)  It is a defence to a charge of an offence against [subsection (4)(b)](#GS35A@Gs4@Hpb@EN) to prove that – > > > > > > (a) the defendant, or some person acting on behalf of the defendant, required the youth, or another person, to produce evidence in writing of his or her age; or > > > > > > > (b) the youth, or another person, made a false statement, or produced false evidence, in response to that requirement; and > > > > > > > (c) in consequence, the defendant reasonably believed that the youth was of or above the requisite age. > > > (8)  A person who seeks to rely on the defence in [subsection (6)](#GS35A@Gs6@EN) or [(7)](#GS35A@Gs7@EN) must, in order to rely on the defence, produce the identifying details, or a copy, of the evidence offered at the time of the alleged offence.