Tattooing and body modification on under 18s now illegal

To protect the welfare of young people it will this week become an offence to perform tattoos, body modification or intimate piercing on someone under 18 years of age.

The new offences form part of the amended Police Offences Act 1935 which comes into effect on December 19.

Assistant Commissioner Richard Cowling said:

“Tattoos and other body modifications are permanent physical alterations.

“The changes to the Act ensure that these procedures can only legally be performed on adults.”

Body modifications include tattooing, body branding, body implantation, earlobe stretching, tongue splitting and body scarification.

The offence of performing an intimate body piercing on a person aged less than 18 years refers to the piercing of a person’s genitalia, nipples and uvula.

Section 35A of the Act now allows for the non-intimate* piercing of someone aged less than 16 if a parent or guardian gives consent and is present at the time.

For the offences of tattooing someone under 18, intimate piercing on someone under 18 or non-intimate piercing on someone under 16 without a guardian present, the penalty is a fine of up to 100 penalty units* or imprisonment up to 12 months.

“Ensuring the welfare of young people is at the core of these changes,” Mr Cowling said.

“We will work to ensure compliance by responding to any complaints received.”

The Police Offences Act 1935 is central to the role of policing and is designed to address minor criminal conduct that causes offence, inconvenience or danger.

The Act has changed and evolved many times in line with society’s expectations. The latest changes are a result of a review conducted by the Department of Police and Emergency Management in 2011.

Other amendments to the Act allow for certain street offences to be dealt with by way of a Penalty Infringement Notice (PIN) rather than an arrest or summons.

Police now have the option to issue PINs for things such as offensive language or behaviour, disorderly conduct and nuisance.

“This increases operational police time by reducing paperwork and taking some offences away from the court system,” Mr Cowling said.

Police can still choose to deal with the behaviour by arrest or summons and an offender can still choose to have their case heard in court if they wish.

Another key amendment to the Act is an increase in the maximum penalty for assaults on police from one year to three years jail.

“Police and emergency service workers often have to deal with violent and difficult situations in the course of their duty.

“The increase in the maximum penalty for assaulting a police officer shows our members how much we value their safety and serves as a deterrent to any offences,” Mr Cowling said.

*A non-intimate piercing is refers to regular piercing such as ears or nose.

**A penalty unit is currently $140.

More information can be found on the Tattooing, Body Modification & Body Piercing of Youths page of the Tasmania Police website.

To report someone for performing tattooing or intimate piercing on someone aged under 18 call Tasmania Police on 131 444 or Crime Stoppers anonymously on 1800 333 000.