28DReferences to sex and gender

### 28D References to sex and gender > [*\[Section 28D Inserted by No. 59 of 2001, s. 6, Applied:01 Jan 2002\]*](/view/html/inforce/2002-01-01/act-2001-059#GS6@EN) [*\[Section 28D Substituted by No. 7 of 2019, s. 21, Applied:05 Sep 2019\]*](/view/html/inforce/2019-09-05/act-2019-007#GS21@EN) > > > (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)](#GS28D@Gs3@EN) , 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](/view/html/inforce/2026-04-12/act-2012-024) 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](/view/html/inforce/2026-04-12/act-2012-024) or another law to have ceased to be the child of such a mother; and > > > > > > > (e) an assumption as to the ability of a person to procreate as a female or male is to be determined irrespective of the registered gender of the person. > > > (4)  Despite any other provision of an Act – > > > > > > (a) if a person in respect of whom there is a registered gender requests that a search of the person, that is to be conducted, be conducted by a male or female, a search of the person is not to be taken to be invalid, unauthorised or unlawful by reason only that the search was, in accordance with the request, conducted by a male or female; and > > > > > > > (b) if a police officer asks a person in respect of whom a search is to be conducted whether the person wishes to have the search be conducted by a male or female, a search of the person is not to be taken to be invalid, unauthorised or unlawful by reason only that the search was, in accordance with the request, conducted by a male or female. > > > (5)  The registration of the registered gender in relation to a person under [section 28C(1)](#GS28C@Gs1@EN) does not affect any relationship of that person arising by consanguinity or by operation of law. > > > (6)  A person who is entitled as a beneficiary – > > > > > > (a) under a will; or > > > > > > > (b) under a trust; or > > > > > > > (c) otherwise by operation of law – > > > > does not, except as otherwise provided under the will or trust or by the law conferring the entitlement, forfeit any right or entitlement by reason only of the fact that a registered gender in relation to the person has been registered under [section 28C(1)](#GS28C@Gs1@EN) . > > > (7)  [Subsection (6)](#GS28D@Gs6@EN) does not operate so as to confer any right or entitlement that would not exist apart from that subsection.