44ANon-intimate body piercing of persons under 16

44A Non-intimate body piercing of persons under 16 (1) In this section, ***consent*** means consent to the number and location of piercings to be performed. (2) A body piercer must not perform body piercing on a person under the age of 16 years unless written consent has been given in person to the body piercer by— (a) a parent or guardian of the person to be pierced; and (b) if the person to be pierced is of or over the age of 10 years and has capacity to consent, that person. 1. 20 penalty units. (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. 44A(3)(a) amended by No. 68/2009 s. 97(Sch. item 115.9). (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 16 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 another person under the age of 16 years without the written consents required by subsection (2), whether at the premises of the business or elsewhere. 1. 20 penalty units.