South Australian Current Acts

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SUMMARY OFFENCES ACT 1953 - SECT 21S

21S—Pre-conditions to performing certain procedures

        (1)         A person must not perform a body piercing or body modification procedure on another person unless—

            (a)         the person who is to perform the procedure (the "service provider ) (or a person acting on behalf of the service provider) and the person on whom the procedure is to be performed (the "customer") enter into a written agreement containing the prescribed information as to the nature of the procedure and the manner in which it is to be carried out; and

            (b)         when the agreement is entered into—

                  (i)         the customer is given free of charge a copy of the agreement and the prescribed information; and

                  (ii)         if the customer is less than 16 years of age and the procedure is a body piercing to which section 21R(2)(b) applies—the consent of the customer's guardian to the procedure is given—

                        (A)         in person; or

                        (B)         in the prescribed form and verified by statutory declaration.

Maximum penalty: $5 000.

Expiation fee: $315.

        (2)         Subsection (1) does not apply to an earlobe piercing performed on a person who is at least 16 years old.

        (3)         A person cannot give consent under subsection (1)(b)(ii) if the person is intoxicated (whether by alcohol or by any other substance or combination of substances).

        (4)         In subsection (1)(b)(i)—

"prescribed information" means—

            (a)         information about how to care for the health and recovery of the area of the body affected by the body piercing or body modification procedure; and

            (b)         any other information prescribed by the regulations.



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