TASIn ForceAct
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
> [*\[Section 28B Inserted by No. 59 of 2001, s. 6, Applied:01 Jan 2002\]*](/view/html/inforce/2002-01-01/act-2001-059#GS6@EN) [*\[Section 28B Amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja8@GC3@EN) [*\[Section 28B Substituted by No. 7 of 2019, s. 21, Applied:05 Sep 2019\]*](/view/html/inforce/2019-09-05/act-2019-007#GS21@EN)
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> > (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.
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> > (2) A magistrate to whom an application is made under [subsection (1)](#GS28B@Gs1@EN) to approve the registration of a gender, specified in the application, in relation to a person may –
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> > > > (a) approve the registration of the gender in relation to the person; or
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> > > > (b) refuse to approve the registration of the gender in relation to the person.
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> > (3) A magistrate may only approve the registration of a gender in relation to a person if the magistrate –
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> > > > (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
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> > > > (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.