Queensland Consolidated Acts

PUBLIC HEALTH ACT 2005 - SECT 213B

213B Offence to perform, or offer to perform, cosmetic procedure on a child

(1) A person must not perform, or offer to perform, a cosmetic procedure on a child.

Penalty—

Maximum penalty—2,000 penalty units or 2 years imprisonment.

(2) A person does not commit an offence against subsection (1) if the person believes, on grounds that are reasonable in the circumstances, that performance of the procedure is in the best interests of the child.

(3) Proof that the person did not have sufficient regard to any of the following matters is sufficient proof that the person did not have the belief mentioned in subsection (2) —

(a) if the child is able to form and express views—the views of the child, including the reasons why the child wants the procedure to be performed, taking into account the child’s maturity and understanding of the procedure, including the risks, limitations and possible consequences of the procedure;

(b) to the extent it is practicable for the person to consult a parent of the child—the views of the parent, including whether the parent supports the procedure being performed on the child;

(c) the child’s physical health, including whether performance of the procedure would correct a growth or congenital abnormality or the physical effect of a medical condition, illness or trauma;

(d) the child’s psychological health, including whether the effect of performing the procedure on the child is likely to be positive;

(e) the timing of the procedure, including whether waiting until the child is an adult would be better than performing the procedure now.

(4) The application of the Criminal Code , section 282 is subject to this section.

(5) In this section—

"parent" see section 159 (1) and (3) (a) and (b) .