Australian Capital Territory Current Acts

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CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 877

Offence—tattoo child or young person without agreement

    (1)     A person commits an offence if—

        (a)     the person tattoos a part of another person's body; and

        (b)     the other person is a child or young person; and

        (c)     the person does not have agreement, in writing, from a person who has daily care responsibility, or long-term care responsibility, for the child or young person, to—

              (i)     tattoo that part of the child's or young person's body; or

              (ii)     tattoo the child or young person in that way.

Maximum penalty: 50 penalty units.

    (2)     An offence against this section is a strict liability offence.

    (3)     It is a defence to a prosecution for an offence against this section if the defendant proves that—

        (a)     before tattooing the person, the person had shown a document of identification to the defendant; and

        (b)     the defendant had no reasonable grounds for believing that the document was not a genuine document of identification of the person.

    (4)     In this section:

"document of identification", of a person, means a document that—

        (a)     is—

              (i)     an Australian driver licence or a licence to drive a motor vehicle (however described) issued under the law of an external Territory or a foreign country; or

              (ii)     a proof of identity card under the Liquor Act 2010

or a corresponding document issued under the law of a State; or

              (iii)     a passport; and

        (b)     contains a photograph that could reasonably be taken to be of the person; and

        (c)     indicates that the person to whom the document was issued is at least 18 years old.



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