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This is a Bill, not an Act. For current law, see the Acts databases.


SUMMARY OFFENCES (TATTOOING AND PIERCING) AMENDMENT BILL 2002

[BIL066-B.HAL]

House of AssemblyNo. 29

[As laid on the table and read a first time, 10 July 2002]

South Australia

[Prepared by the Parliamentary Counsel on the instructions of J. Rau, M.P.]

SUMMARY OFFENCES (TATTOOING AND PIERCING) AMENDMENT BILL 2002

A Bill For

An Act to amend the Summary Offences Act 1953.

[OPC-H65]


SUMMARY OF PROVISIONS

1.Short title

2.Commencement

3.Substitution of heading

4.Amendment of s. 21A—Tattooing of minors

5.Insertion of ss. 21B and 21C

21B.Piercing of Minors

21C.Cooling off period to apply


The Parliament of South Australia enacts as follows:

Short title

1. (1) This Act may be cited as the Summary Offences (Tattooing and Piercing) Amendment Act 2002.

(2) The Summary Offences Act 1953 is referred to in this Act as "the principal Act".

Commencement

2. This Act will come into operation on a day to be fixed by proclamation.

Substitution of heading

3. The heading immediately before section 21A of the principal Act is amended by striking out "Tattooing of Minors" and substituting "Tattooing and Piercing".

Amendment of s. 21A—Tattooing of minors

4. Section 21A of the principal Act is amended—

(a)by striking out from subsection (1) "$1 250" and substituting "$2 500";

(b)by striking out subsection (2) and substituting the following subsection:

(2) It is a defence to a charge of an offence against subsection (1) to prove that—

(a)the defendant, or a person acting on behalf of the defendant, required the person tattooed to produce evidence of age; and

(b)the person tattooed produced false evidence in response to that requirement; and

(c)in consequence the defendant reasonably believed that, at the time the tattooing was performed, the person tattooed was of or over the age of 18 years.

Insertion of ss. 21B and 21C

5. The following sections are inserted after section 21A of the principal Act:

Piercing of Minors

21B. (1) A person must not pierce any part of the body of a minor unless the minor is accompanied by a parent or guardian and the parent or guardian consents, in writing, to the piercing of that part of the minor's body.

Maximum penalty:$2 500.

(2) A person who pierces a part of the body of a minor must record the particulars required by the regulations and must verify those particulars in accordance with the regulations.

Maximum penalty:$750.


(3) A record required to be kept by a person under this section in relation to a piercing must be kept for a period of two years after the date of the piercing and must be produced for inspection at the request of a police officer.

Maximum penalty:$750.

(4) This section does not apply in relation to a piercing performed for a medical or therapeutic purpose.

(5) It is a defence to a charge of an offence against subsection (1) to prove that—

(a)the defendant, or a person acting on behalf of the defendant, required the person pierced to produce evidence of age; and

(b)the person pierced produced false evidence in response to that requirement; and

(c)in consequence the defendant reasonably believed that, at the time the piercing was performed, the person pierced was of or over the age of 18 years.

(6) In this section—

"piercing" does not include piercing of the earlobes.

Cooling off period to apply

21C. (1) A person must not tattoo another person unless—

(a)a written agreement has been signed by the person who is to tattoo the customer, or a person acting on behalf of the person who is to tattoo the customer, and the customer; and

(b)the written agreement—

(i)provides that the agreement is binding only on written confirmation by the customer after the end of 3 days from the signing of the agreement (the "cooling-off period") that the customer wishes to proceed with the tattooing; and

(ii)specifies the design of the tattoo and the part of the body that is to be tattooed; and

(c)the person who is to tattoo the customer, or a person acting on behalf of the person who is to tattoo the customer, has provided to the customer a written document that contains the information referred to in paragraph (b); and

(d)the cooling-off period has ended.

Maximum penalty:$2 500 or imprisonment for 3 months.


(2) If the customer wishes to substitute the design or the part of the body to be tattooed specified in an agreement under subsection (1) for another design or part, then—

(a)a new agreement must signed under subsection (1); and

(b)subsection (1) applies to that agreement.

(3) A person must not require—

(a)any form of deposit in relation to the tattooing of another person; or

(b)any payment, or compliance with any other condition, if a customer elects not to proceed with the tattooing.

Maximum penalty:$2 500.

(4) This section does not apply where the tattooing referred to in subsection (1) is the completion of a tattoo that has been partially completed.

(5) This section does not apply in relation to a tattooing performed for a medical or therapeutic purpose.

(6) In this section—

"customer" means the person who is to be tattooed.

By Authority: J. D. Ferguson, Government Printer, South Australia

 


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