Births, Deaths and Marriages Registration Act 1999
28BApproval by magistrate of registration of gender
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28B Approval by magistrate of registration of gender
[Section 28B Inserted by No. 59 of 2001, s. 6, Applied:01 Jan 2002] [Section 28B Amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] [Section 28B Substituted by No. 7 of 2019, s. 21, Applied:05 Sep 2019]
(1) A parent, or guardian, of a person who has not attained the age of 16 years may apply to a magistrate to approve the registration of a gender, specified in the application, in relation to the person.
(2) A magistrate to whom an application is made under subsection (1) to approve the registration of a gender, specified in the application, in relation to a person may –
(a) approve the registration of the gender in relation to the person; or
(b) refuse to approve the registration of the gender in relation to the person.
(3) A magistrate may only approve the registration of a gender in relation to a person if the magistrate –
(a) is satisfied that the registration of the gender in relation to the person is consistent with the will and preference of the person; or
(b) is satisfied that the person is unable to understand the meaning and implications of the registration of the gender in relation to the person.