Regulations Governing Change of Sex

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The regulations that govern change of sex are just as important as the legislation. The regulations that govern this in the ACT are the Births, Deaths and Marriages Registration Regulation 1998.

 

Here are the regulations current as of 11/10/09.

 

6    Application to alter register to record change of sex

(1)        For the Act, section 24 (4), the following particulars are prescribed:
(a)    the name, any former name, the place of residence and the date and place of birth of the relevant person;
(b)    if known, the name and any former name of the relevant person’s mother;
(c)    if known, the name and any former name of the relevant person’s father;
(d)    the sex shown on the relevant person’s original birth certificate.

(2)        In this section, a reference to a relevant person is a reference to—
(a)    a person who lodges an application under the Act, section 24 (1); or
(b)    a child in relation to whom an application is lodged under the Act, section 24 (2).

 

7    Issue of birth certificates

For the Act,  section 27 (2) (c), the following persons are specified:
(a)    a parent or guardian of the transsexual person;
(b)    a spouse or civil partner, or former spouse or civil partner, of the transsexual person;
(c)    an executor or administrator of the estate of the transsexual person;
(d)    a lawyer authorised by a person mentioned in paragraph (a), (b) or (c) or in the Act, section 27 (2) (a) or (b).

 

8    Effect of certificates issued for transsexual people

For the Act, section 29 (3), definition of interstate recognition certificate, the following laws are prescribed:
(a)    the Births, Deaths and Marriages Registration Act 1995 (NSW);
(b)    the Sexual Reassignment Act 1988 (SA);
(c)    the Births, Deaths and Marriages Registration Act (NT);
(d)    the Births, Deaths and Marriages Registration Act 1999 (Tas);
(e)    the Gender Reassignment Act 2000 (WA).

 
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