Last updated 9 August 2016
A person can make a valid will if they are 18 years, are under 18 and married at the time of making the will, the will is made in contemplation of a marriage, the court has made an order authorising a person under the age of 18 to make a will, or if a person who is under 18 makes a valid will outside Queensland. If a will is made in contemplation of a marriage and the marriage does not take place, the will is of no effect (s 9 Succession Act 1981 (Qld)) (see chapter on Wills and Estates).
Tattooing and body piercing
It is a criminal offence to tattoo a person under 18 years of age (s 19 Summary Offences Act 2005 (Qld) (Summary Offences Act)). There is no provision for consent by the minor nor their parent or guardian.
It is a criminal offence to perform some types of body piercing (e.g. piercing a girl’s external genitalia, a boy’s penis or scrotal skin or the nipples) on a person under the age of 18 (s 18 Summary Offences Act). These forms of piercing cannot be consented to by the minor nor their parent or guardian. There is no law prohibiting other types of piercing of children under 18. To consent to being pierced, a child must be capable of forming a sound and reasoned judgment. In those circumstances, a parent’s consent is not necessary but in practice many piercing studios require it. However, the criminal law may apply to some cases of body piercing. If a child is pierced without their consent, it amounts to an assault.
A person aged 18 or over must vote in federal government elections, state government elections and local council elections. A person under the age of 18 has no right to vote.
It is an offence for an adult to sell, give or supply tobacco to anyone under 18 years. This does not apply if the person giving the child tobacco is a parent or other responsible person (s 19 Tobacco and Other Smoking Products Act 1998 (Qld) (TOSP Act). Businesses on which cigarette vending machines are situated have to take precautions to ensure access to these machines is restricted (s 16 TOSP Act). Suppliers also have to warn staff about supplying tobacco products to children. Employees may be liable for penalties if they do not heed these warnings or do not ask to see age identification. It is an offence for a person to falsely represent that they have reached 18 years for the purposes of being supplied with a smoking product (s 19A TOSP Act).