TATTOO, PIERCING AND BODY MODIFICATION LAWS

Ms BETTISON (Ramsay) (14:12): My question is to the Attorney-General. Can the Attorney-General inform the house about how the government is acting to protect the health and safety of young people through new tattooing, piercing and body modification laws?

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Planning, Minister for Business Services and Consumers) (14:12): Thank you very much, Madam Speaker, and can I thank the honourable member for her question.

Members interjecting:

The SPEAKER: Order!

The Hon. J.R. RAU: New tattooing, piercing and body modification laws come into force today. The new laws come with tough penalties and for the first time go beyond tattooing to include piercing, scarifying, branding and implantation procedures.

Mr Gardner: No more forked tongues.

The Hon. J.R. RAU: Yes, indeed. With these new laws, we are better equipped to regulate the industry so that consumers are made aware of the potential risks before undergoing a body-altering procedure. Under the new law, many procedures—specifically those with greatest risk to health or the most permanent and damaging to the body—are prohibited to minors.

Under the laws, effective as of today, it is an offence to perform a body modification procedure such as tattooing, branding or ear stretching or intimate body piercing on a minor under the age of 18 years; perform a non-intimate body piercing on a minor who is under 16 years of age without the consent of a guardian; perform a body piercing or body modification procedure on a person who is intoxicated, whether by alcohol or other substances; and sell body modification equipment to a minor.

The maximum penalty for unlawfully tattooing a minor has been increased from $1,250 or three months' imprisonment to $5,000 or 12 months' imprisonment. A trader who performs an intimate body piercing on a person under 18 years, or any other body piercing on a minor under 16 years, without the consent of a guardian is also subject to a maximum penalty of $5,000 or 12 months' imprisonment.

The sale of body modification equipment to minors is subject to a maximum $2,500 fine. There is also a greater onus on traders who provide these services, with new provisions requiring traders to ensure their consumers understand the risks involved in undertaking these procedures. Under the act, traders must enter into a written agreement with the consumer containing the information required by the regulations. The trader must also provide the consumer with a copy of the agreement and information about after-care and the possible risks of the procedures.

To assist traders in understanding these new laws, we will be sending out information packs to businesses where tattooing, piercing and body modification are the primary trade. If traders have questions, they may contact the Attorney-General's Department on 8207 1771.