28CRegistration of gender

28C Registration of gender

[Section 28C Inserted by No. 59 of 2001, s. 6, Applied:01 Jan 2002] [Section 28C Substituted by No. 7 of 2019, s. 21, Applied:05 Sep 2019]

(1)  The Registrar, after receiving an application made under section 28A(1) , (3) or (4) for a gender to be registered in relation to a person –

(a) must –

(i) register the gender as the registered gender in relation to the person by making an entry in the Register specifying the gender to be the registered gender in relation to the person; and

(ii) make any other changes to the Register that are necessary to indicate that each previous registered sex, and each previous registered gender, of the person is no longer the registered sex or registered gender in relation to the person; or

(b) must refuse to register the gender as the registered gender in relation to the person.

(2)  The Registrar may only register under subsection (1) a gender as the registered gender in relation to a person in accordance with an application made under section 28A(3) or (4) if the Registrar is satisfied that –

(a) the gender to be registered in relation to the person is consistent with the will and preference of the person; or

(b) the person is unable to understand the meaning and implications of the registration of the gender in relation to the person.

(3)  The Registrar may, before determining under subsection (1) an application made under section 28A(1) , (3) or (4) , require a person who made the application to provide to the Registrar the further documents or information that the Registrar reasonably requires, other than a medical certificate, or other medical document, that relates to the sex, sexual characteristics or gender of the person to whom the application relates.