61ATransitional provisions

### 61A Transitional provisions > [*\[Section 61A Inserted by No. 7 of 2019, s. 25, Applied:05 Sep 2019\]*](/view/html/inforce/2019-09-05/act-2019-007#GS25@EN) > > > (1)  If an application under [section 23](#GS23@EN)  – > > > > > > (a) has been, before the gender amendments day, made in relation to a change of name of a person; and > > > > > > > (b) has not been determined before that day – > > > > this Act, as in force after that day, applies in relation to the application and the Registrar is to advise the person that the person may make to the Registrar an application under [section 46(9)](#GS46@Gs9@EN) as in force after that day. > > > (2)  If an application – > > > > > > (a) has been made under [section 28A](#GS28A@EN) before the gender amendments day; and > > > > > > > (b) has not been determined before that day – > > > > the application lapses, but the Registrar must return to the applicant any fee paid by the applicant in relation to the application. > > > (3)  [Subsection (4)](#GS46@Gs4@EN) applies in relation to an application under this Act if – > > > > > > (a) the application is an application for the issue of a birth certificate or of an extract from the Register in relation to the registration of the birth of a person; and > > > > > > > (b) the application was made before the gender amendments day; and > > > > > > > (c) the application has not been, before that day, determined under this Act by issuing, or refusing to issue, a birth certificate or extract. > > > (4)  If this subsection applies in relation to an application – > > > > > > (a) the application is to be taken to be an application under [section 46](#GS46@EN) as in force immediately after the gender amendments day; and > > > > > > > (b) this Act, including [section 46](#GS46@EN) , as in force immediately after the gender amendments day, applies in relation to the application; and > > > > > > > (c) the applicant is – > > > > > > > > > > (i) if a request, in relation to the application, was made under [section 28D(2)](#GS28D@Gs2@EN) as in force before the gender amendments day – to be taken to have made, in relation to the application, a request under [section 46(4)(b)](#GS46@Gs4@Hpb@EN) as in force after that day; or > > > > > > > > > > > (ii) if a request, in relation to the application, was not made under [section 28D(2)](#GS28D@Gs2@EN) as in force before the gender amendments day – to be taken to have made, in relation to the application, a request under [section 46(4)(c)](#GS46@Gs4@Hpc@EN) as in force after that day.