AustLII Tasmanian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

POLICE OFFENCES ACT 1935 - SECT 35A

35A. Tattooing, body piercing and body modification

(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) 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) or (4)(a) 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) 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) or (7) 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.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]