28DReferences to sex and gender

28D References to sex and gender

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

(1)  If there is a registered gender in relation to a person, the person is, for the purposes of, but subject to, any law in force in this State, a person of that gender.

(2)  Subject to subsection (3) , a reference to a person's sex in any law in force in this State is taken to be, in relation to a person whose birth is registered in this State, a reference to –

(a) the registered sex, if any, in relation to the person; or

(b) the registered gender, if any, in relation to the person.

(3)  In any law in force in this State –

(a) a reference to the pregnancy of a female, female person or woman includes a reference to the pregnancy of a person of another gender; and

(b) a reference to the termination, or attempted termination, of a pregnancy of a female, female person or woman includes a reference to the termination, or attempted termination, of a pregnancy of a person of another gender; and

(c) a reference to the fertilisation of a human egg outside of the body of a woman does not include the fertilisation of a human egg inside of the body of a person of another gender who has a female reproductive tract; and

(d) a reference to the mother of a child, or a child of a female or a woman, includes a reference to a person of another gender who carried the child in the person's female reproductive tract, or who gave birth to a child, except –

(i) if the person is to be taken by the operation of the Surrogacy Act 2012 or another law to have ceased to be such a mother; or

(ii) if the person is to be taken by the operation of the Surrogacy Act 2012 or another law to have ceased to be the child of such a mother; and