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.