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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Summary Offences Amendment (Tattooing and
Body Piercing) Bill 2008
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Tattooing of persons under 18 2
4 New Division 6 inserted in Part I 3
Division 6--Body piercing 3
43 Definitions 3
43A Application 5
44 Intimate body piercing of persons under 18 5
44A Non-intimate body piercing of persons under 16 6
5 Transitional 7
6 Repeal of amending Act 7
ENDNOTES 8
561156B.I-10/6/2008 i BILL LA INTRODUCTION 10/6/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Summary Offences Amendment
(Tattooing and Body Piercing) Bill 2008
A Bill for an Act to amend the Summary Offences Act 1966 with
respect to tattooing and body piercing and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the Summary
Offences Act 1966--
(a) to prohibit the practices of scarification,
5 tongue splitting, branding and beading on
persons under the age of 18 years;
(b) to increase the maximum penalty for the
offence of tattooing of persons under the age
of 18 years;
10 (c) to prohibit the intimate body piercing of
persons under the age of 18 years;
561156B.I-10/6/2008 1 BILL LA INTRODUCTION 10/6/2008
Summary Offences Amendment (Tattooing and Body Piercing) Bill 2008
s. 2
(d) to insert new offences concerning other body
piercing of persons under the age of
16 years.
2 Commencement
5 (1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 January 2009, it comes into
operation on that day.
10 3 Tattooing of persons under 18
See: (1) Before section 42(1) of the Summary Offences
Act No.
7405. Act 1966 insert--
Reprint No. 9
as at "(1AA) In this section--
14 September
2005 beading means the cutting of the skin of a
and
15 amending person and the insertion of an object
Act Nos beneath the skin to produce a lump;
16/2004,
97/2005, branding means the application of heat, cold
23/2006,
24/2006, or a substance to the skin of a person to
32/2006, produce scar tissue;
63/2006,
49/2007,
20 8/2008 and
like process includes scarification, tongue
9/2008. splitting, branding and beading;
LawToday:
www. person means a living human being;
legislation.
vic.gov.au scarification means the cutting of the skin of
a person to create scar tissue;
25 tongue splitting means the cutting of the
tongue of a person to divide the tongue,
or part of the tongue, into 2 or more
segments.".
(2) In the penalty set out at the foot of section 42(1)
30 of the Summary Offences Act 1966, for
"5 penalty units" substitute "60 penalty units".
561156B.I-10/6/2008 2 BILL LA INTRODUCTION 10/6/2008
Summary Offences Amendment (Tattooing and Body Piercing) Bill 2008
s. 4
4 New Division 6 inserted in Part I
After Division 5 of Part I of the Summary
Offences Act 1966 insert--
"Division 6--Body piercing
5 43 Definitions
(1) In this Division--
body piercer means a person of or over the
age of 16 years who--
(a) carries on a body piercing
10 business; or
(b) is employed in a body piercing
business; or
(c) performs body piercing for a fee,
wage or other remuneration or
15 payment in kind;
body piercing means the piercing of the
human body to create one or more entry
holes, or entry and exit holes, for the
insertion of an object;
20 body piercing business means a business
that provides a service of body
piercing, whether or not the business
provides any other service;
evidence of age document, in relation to a
25 person, means--
(a) a proof of age card issued to the
person by the Director of Liquor
Licensing under section 176 of the
Liquor Control Reform Act
30 1998 or a corresponding law of
another State or a Territory;
561156B.I-10/6/2008 3 BILL LA INTRODUCTION 10/6/2008
Summary Offences Amendment (Tattooing and Body Piercing) Bill 2008
s. 4
(b) a driver licence or learner permit
issued to the person under the
Road Safety Act 1986 or a
corresponding law of another
5 State or a Territory;
(c) a passport issued to the person by
any country;
(d) a document that--
(i) bears a photograph of the
10 person; and
(ii) states the person's age or
date of birth; and
(iii) is issued by a person, or by
or on behalf of a government
15 department or an agency,
approved by the Minister
under subsection (2);
registered health practitioner has the same
meaning as in the Health Professions
20 Registration Act 2005;
registered student has the same meaning as
in the Health Professions Registration
Act 2005;
regulated health service has the same
25 meaning as in the Health Professions
Registration Act 2005.
(2) For the purposes of paragraph (d)(iii) of the
definition of evidence of age document, the
Minister, by notice published in the
30 Government Gazette, may approve a person,
a government department or an agency for
the purposes of this Division.
(3) The Minister, by notice published in the
Government Gazette, may vary or revoke an
35 approval under subsection (2).
561156B.I-10/6/2008 4 BILL LA INTRODUCTION 10/6/2008
Summary Offences Amendment (Tattooing and Body Piercing) Bill 2008
s. 4
43A Application
(1) Nothing in this Division applies to body
piercing performed in good faith--
(a) in the course of a regulated health
5 service provided by a registered health
practitioner; or
(b) in the course of clinical training by a
registered student.
(2) Nothing in this Division affects liability for
10 an offence against any other provision of this
Act or any other Act or at common law.
(3) Consent given under this Division to body
piercing does not constitute a defence to a
charge for an offence against any other
15 provision of this Act or any other Act or at
common law.
44 Intimate body piercing of persons
under 18
(1) In this section, genitalia includes surgically
20 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
25 been given to the body piercing.
Penalty: 60 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--
30 (a) the defendant had seen an evidence of
age document in relation to the person
whose age is material to the offence;
and
561156B.I-10/6/2008 5 BILL LA INTRODUCTION 10/6/2008
Summary Offences Amendment (Tattooing and Body Piercing) Bill 2008
s. 4
(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
5 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
10 premises of the business or elsewhere.
Penalty: 60 penalty units.
44A Non-intimate body piercing of persons
under 16
(1) In this section, consent means consent to the
15 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
20 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
25 consent, that person.
Penalty: 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--
30 (a) the defendant had seen an evidence of
age document in relation to the person
whose age is material to the offence;
and
561156B.I-10/6/2008 6 BILL LA INTRODUCTION 10/6/2008
Summary Offences Amendment (Tattooing and Body Piercing) Bill 2008
s. 5
(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
5 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
10 at the premises of the business or elsewhere.
Penalty: 20 penalty units.".
5 Transitional
After section 62(4) of the Summary Offences
Act 1966 insert--
15 "(5) Section 42 as amended by section 3(1) of the
Summary Offences Amendment
(Tattooing and Body Piercing) Act 2008
applies only to offences alleged to have been
committed on or after the commencement of
20 section 3(1) of that Act.
(6) For the purposes of subsection (5), if an
offence is alleged to have been committed
between two dates, one before and one after
the commencement of section 3(1) of the
25 Summary Offences Amendment
(Tattooing and Body Piercing) Act 2008,
the offence is alleged to have been
committed before that commencement.".
6 Repeal of amending Act
30 This Act is repealed on 1 January 2010.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561156B.I-10/6/2008 7 BILL LA INTRODUCTION 10/6/2008
Summary Offences Amendment (Tattooing and Body Piercing) Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561156B.I-10/6/2008 8 BILL LA INTRODUCTION 10/6/2008
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