<!--The Official Report of Parliamentary Debates (Hansard) of the Legislative Council and the House of Assembly of the Parliament of South Australia are covered by parliamentary privilege. Republication by others is not afforded the same protection and may result in exposure to legal liability if the material is defamatory. You may copy and make use of excerpts of proceedings where (1) you attribute the Parliament as the source, (2) you assume the risk of liability if the manner of your use is defamatory, (3) you do not use the material for the purpose of advertising, satire or ridicule, or to misrepresent members of Parliament, and (4) your use of the extracts is fair, accurate and not misleading. Copyright in the Official Report of Parliamentary Debates is held by the Attorney-General of South Australia.-->
<hansard id="" tocId="" xml:lang="EN-AU" schemaVersion="1.0" xmlns:xlink="http://www.w3.org/1999/xlink" xmlns:xml="http://www.w3.org/XML/1998/namespace" xmlns:xsi="http://www.w3.org/2007/XMLSchema-instance" xmlns:mml="http://www.w3.org/1998/Math/MathML" xsi:noNamespaceSchemaLocation="hansard_1_0.xsd">
  <name>Legislative Council</name>
  <date date="2008-11-13" />
  <sessionName>Fifty-First Parliament, Third Session (51-3)</sessionName>
  <parliamentNum>51</parliamentNum>
  <sessionNum>3</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>Legislative Council</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="705" />
  <endPage num="766" />
  <dateModified time="2022-08-06T14:30:00+00:00" />
  <proceeding>
    <name>Bills</name>
    <subject>
      <name>Summary Offences (Piercing and Scarification) Amendment Bill</name>
      <text id="200811138d9d801252f64d5e90000762">
        <heading>SUMMARY OFFENCES (PIERCING AND SCARIFICATION) AMENDMENT BILL</heading>
      </text>
      <subproceeding>
        <name>Committee Stage</name>
        <text id="200811138d9d801252f64d5e90000763">
          <heading>Committee Stage</heading>
        </text>
        <text id="200811138d9d801252f64d5e90000764">In committee.</text>
        <text id="200811138d9d801252f64d5e90000765">Clauses 1 to 4 passed.</text>
        <text id="200811138d9d801252f64d5e90000766">Clause 5.</text>
        <talker role="member" id="603">
          <name>The Hon. R.D. LAWSON</name>
          <house>Legislative Council</house>
          <text id="200811138d9d801252f64d5e90000767">
            <by role="member" id="603">The Hon. R.D. LAWSON:</by>  I move:</text>
          <text id="200811138d9d801252f64d5e90000768">
            <inserted>Page 3, line 13 [inserted section 21B(2)]—</inserted>
          </text>
          <text id="200811138d9d801252f64d5e90000769">
            <inserted>After 'relation to' insert: 'piercing of the earlobes or'</inserted>
          </text>
          <page num="756" />
          <text continued="true" id="200811138d9d801252f64d5e90000770">As I indicated in my second reading contribution, this bill, as the mover acknowledges, really arises out of initiatives taken by John Rau, the member for Enfield in another place. Mr Rau introduced a bill, which was subsequently referred to a select committee, which published an extensive report.</text>
          <text id="200811138d9d801252f64d5e90000771">John Rau's bill, in its definition of 'piercing', excluded piercing of the ear lobes; not all ear piercing but simply piercing of the ear lobes, which is a well-known practice. The amendment I have moved seeks to exclude from the restrictions that are being imposed by this bill the piercing of ear lobes. I remind members that it is currently an offence in South Australia to tattoo any minor. This bill will extend tattooing to include scarifying. It will make it an offence to pierce the body of a minor unless accompanied by a parent.</text>
          <text id="200811138d9d801252f64d5e90000772">My amendment is based not only on the fact that John Rau's original proposal did not include ear piercing but also to note the fact that there is widespread concern in the community, and the legislation states a number of forms of body modification. In relation to piercing, other states have banned the piercing of the genitalia of minors, what is sometimes termed intimate piercing, as well as other parts of the body: the nipples, the perineum, etc. I will not go into that in order to save the sensitive ears of some members who might, like myself, find it rather distasteful.</text>
          <text id="200811138d9d801252f64d5e90000773">However, there has been no demonstrated need to include the piercing of ear lobes in this matter. True it is that, from time to time, there might be an infection as a result of the piercing of ear lobes, but there have been no significant and demonstrated problems over the years. It is for that reason that I seek the support of members for the amendment.</text>
        </talker>
        <talker role="member" id="3126">
          <name>The Hon. D.G.E. HOOD</name>
          <house>Legislative Council</house>
          <text id="200811138d9d801252f64d5e90000774">
            <by role="member" id="3126">The Hon. D.G.E. HOOD:</by>  I rise as the mover of the bill to indicate my support for the Hon. Mr Lawson's amendment. Members who are familiar with the original speech I gave to introduce the bill will recall me saying that I expected amendments to be made, and I specifically mentioned that I was open to that. I think the Hon. Mr Lawson's proposal is a commonsense amendment. As he rightly points out, it was in the original bill introduced by John Rau, the member for Enfield in another place, back in 2002.</text>
          <text id="200811138d9d801252f64d5e90000775">I am very happy to support the amendment. I think it makes absolute sense. The reason I did not put it in there originally was really just as a means of reducing the number of hooks, if you like, that could be contentious in terms of getting it through this place. This bill dates from a long way back. In fact, the Hon. Bob Such introduced a similar bill to mine in 2001, and the member for Enfield, John Rau, presented a similar one in 2002. It has been back and forth and back and forth. I am very keen to get it through, and I am happy to support the amendment.</text>
        </talker>
        <talker role="member" id="3125">
          <name>The Hon. R.P. WORTLEY</name>
          <house>Legislative Council</house>
          <text id="200811138d9d801252f64d5e90000776">
            <by role="member" id="3125">The Hon. R.P. WORTLEY:</by>  I think the Hon. Bernie Finnigan spoke on this originally and indicated that the government's position is that it will not oppose it. The government will consider its position and inform the lower house.</text>
          <text id="200811138d9d801252f64d5e90000777">Amendment carried; clause as amended passed.</text>
          <text id="200811138d9d801252f64d5e90000778">Title passed.</text>
          <text id="200811138d9d801252f64d5e90000779">Bill reported with an amendment.</text>
        </talker>
      </subproceeding>
      <subproceeding>
        <name>Third Reading</name>
        <text id="200811138d9d801252f64d5e90000780">
          <heading>Third Reading</heading>
        </text>
        <text id="200811138d9d801252f64d5e90000781">Bill read a third time and passed.</text>
      </subproceeding>
    </subject>
  </proceeding>
</hansard>