South Australian Current Acts South Australian Current Acts21R—Performance of certain procedures on minors prohibited
(1) A person must not
perform a body modification procedure on a minor.
Maximum penalty: $5 000 or imprisonment for 12 months.
(2) A person must not
perform—
(a) an
intimate body piercing on a minor; or
(b) any
other body piercing on a minor without the consent of the minor's guardian
given in accordance with section 21S.
Maximum penalty: $5 000 or imprisonment for 12 months.
(3)
Subsection (2)(b) does not apply if the minor on whom the body piercing
is to be performed is at least 16 years old.
(4) It is a defence to
a charge of an offence against this section to prove that—
(a) the
defendant, or some person acting on behalf of the defendant, required the
minor, or another person, to produce evidence of a kind required by the
regulations of—
(i)
his or her age; or
(ii)
the consent of his or her guardian to the carrying out of
the relevant procedure,
as the case requires; and
(b) the
minor, or another person, made a false statement, or produced false evidence
in response to that requirement; and
(c) in
consequence, the defendant reasonably believed that—
(i)
the minor was of or above the requisite age; or
(ii)
the guardian consented to the carrying out of the
relevant procedure,
as the case requires.
(5) A person who seeks
to rely on the defence in subsection (4) must, in order to rely on the
defence, produce the identifying details, or a copy, of the evidence offered
at the time of the alleged offence.