New Body Piercing And Tattoo Laws In Tasmania: How Do They Compare?

Friday 9 January 2015 @ 11.48 a.m. | Legal Research

In December, Tasmania introduced the Police Offences Amendment Act 2014, which commenced on the 19th of December.  The amending Act includes new provisions that regulate the age at which young people can get tattoos, piercings and other body modifications such as tongue splitting and earlobe stretching.  Assistant Police Commissioner Richard Cowling told ABC News that “[t]hose sort of permanent decisions should only be made by adults and not youths”.

The amendments mean that tattoos and other body modifications as well as “intimate body piercings” can only be performed on people aged over 18 years.  Other body piercings will require a guardian to be present until a person is at least 16 years old.  Fines for breaching these provisions include fines of up to $14,000 or imprisonment for up to 12 months.

In an interview with the ABC’s PM Program, Hobart tattooist Todd Crocker said he and most other tattoo shops around Tasmania generally had policies where they would only tattoo people over 18.   However, he was concerned that the laws did not prohibit “backyard tattooing and piercing”:

“I don’t think in some way you know that the law that they’ve brought in is really going to stop too much, you know, unless they deal with that issue.”

The CEO of the Youth Network of Tasmania, Joanna Siejka, told the program that she is also concerned about the prevalence of young people tattooing each other:

“It’s quite easy to get a self-tattooing kit. I think the concerns are that the quality of the tattoos may not be particularly high, that safety may not be of the highest paramount there, and that some of the equipment might not be obviously sterilised and is maintained in the same way that a tattooing business would be expected to do.”

Tattoo and Body Piercing Laws Around Australia

Australian Capital Territory

Under section 877 of the Children And Young People Act 2008 (ACT) it is illegal to tattoo anyone under the age of 18 without written permission from a parent or guardian.

There is no legislation that deals with age restrictions for body piercing.

New South Wales

Under section 230 of the Children and Young Persons (Care and Protection) Act 1998 (NSW), it is illegal to tattoo anyone under the age of 18 without written permission from a parent or guardian.

However, young people over 16 can get body piercings, including intimate piercings.  People under 16 can get non-intimate piercings with parental consent.

Northern Territory

There is no legislation in the Northern Territory that imposes age restrictions for body piercing or tattooing.

Queensland

Under section 18 of the Summary Offences Act 2005, a person must not perform tattooing on a child or minor (aged under 18 years).

It is also an offence under s 18 to perform an intimate body piercing on a minor, regardless of parental consent, with an additional penalty if the minor is under the influence of alcohol or a drug at the time.

South Australia

Under section 21R of the Summary Offences Act 1953 (SA), it is illegal to perform a body modification procedure (including tattooing) or an intimate body piercing on a person under the age of 18.  Other body piercings require the person to be over 16, or have permission from a parent or guardian.

It is also illegal to sell body modification equipment to a minor.

Victoria

Tattooing a person (and other body modifications) under the age of 18 is an offence under section 42 of the Summary Offences Act 1996 (Vic).  Intimate body piercings are also illegal on people under the age of 18 (s 44), and other body piercings require the person to be over 16, or have permission from a parent or guardian (s 44A).

Western Australia

Under section 103 of the Children and Community Services Act 2004 (WA), it is illegal to tattoo a child under the age of 18, unless there is written parental permission.

Intimate body piercing is prohibited for children aged under 18, regardless of parental permission.  Other kinds of body piercing require written permission for children aged under 18.  However, children over 16 may get their ears pierced without permission.

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