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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Children and Young Persons (Care and
Protection) Amendment (Body
Piercing and Tattooing) Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Children and Young Persons (Care and
Protection) Act 1998 No 157 2
4 Repeal of Act 2
Schedule 1 Amendments 3
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2008
New South Wales
Children and Young Persons (Care and
Protection) Amendment (Body
Piercing and Tattooing) Bill 2008
Act No , 2008
An Act to amend the Children and Young Persons (Care and Protection) Act 1998
relating to body piercing and tattooing of children and young persons.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Children and Young Persons (Care and Protection) Amendment (Body
Clause 1 Piercing and Tattooing) Bill 2008
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Children and Young Persons (Care and Protection)
Amendment (Body Piercing and Tattooing) Act 2008.
2 Commencement
This Act commences on the day occurring 28 days after the date of
assent to the Act.
3 Amendment of Children and Young Persons (Care and Protection) Act
1998 No 157
The Children and Young Persons (Care and Protection) Act 1998 is
amended as set out in Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which the Act
commences.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Children and Young Persons (Care and Protection) Amendment (Body
Piercing and Tattooing) Bill 2008
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 230
Omit the section. Insert instead:
230 Tattooing of children and young persons
(1) In this section, tattooing means any procedure the purpose of
which is to make a permanent mark on the skin of a person, and
includes the procedures known as scarification, branding and
beading.
(2) A person must not perform tattooing on any part of a child's or
young person's body unless the person has first obtained the
consent of a parent of the child or young person, given in
accordance with this section, to the tattooing of the child or
young person in that manner and on that part of the child's or
young person's body.
Maximum penalty: 200 penalty units.
(3) The consent of a parent to the tattooing must be given in person
by a parent accompanying the child or young person or in
writing.
[2] Section 230A
Insert after section 230:
230A Body piercing of children
(1) In this section, body piercing means piercing a part of the body
of a person to insert a ring, bar or other thing through that body
part.
(2) A person must not perform body piercing on any part of:
(a) the genitalia of a child, or
(b) the nipples of a child.
Maximum penalty: 200 penalty units.
(3) It is not a defence to a prosecution for an offence under
subsection (2) that the child or a parent of the child consented to
the body piercing of the child.
Page 3
Children and Young Persons (Care and Protection) Amendment (Body
Piercing and Tattooing) Bill 2008
Schedule 1 Amendments
(4) A person must not perform body piercing on any other part of a
child's body unless the person has first obtained the consent of a
parent of the child, given in accordance with this section, to the
body piercing of that part of the child's body.
Maximum penalty: 30 penalty units.
(5) The consent of a parent to the body piercing must be given in
person by a parent accompanying the child or in writing.
(6) This section does not apply in relation to any body piercing
performed for a medical purpose.
[3] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Children and Young Persons (Care and Protection) Amendment
(Body Piercing and Tattooing) Act 2008
Page 4
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