44Intimate body piercing of persons under 18

44 Intimate body piercing of persons under 18 (1) In this section, ***genitalia*** includes surgically constructed genitalia. (2) A body piercer must not perform body piercing on the genitalia, anal region, perineum or nipples of a person under the age of 18 years, whether or not consent has been given to the body piercing. (3) It is a defence to a prosecution for an offence against subsection (2) to prove that, at the time of the alleged offence— S. 44(3)(a) amended by No. 68/2009 s. 97(Sch. item 115.8). (a) the accused had seen an evidence of age document in relation to the person whose age is material to the offence; and (b) the evidence of age document indicated that the person was of or over the age of 18 years. (4) A body piercer must not employ or, in the course of the body piercing business, direct or allow a person under the age of 16 years to perform body piercing on the genitalia, anal region, perineum or nipples of a person under the age of 18 years, whether at the premises of the business or elsewhere. S. 44A inserted by No. 49/2008 s. 4.