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Crimes (Forensic Procedures) Act 2000
49BRules for carrying out forensic procedures—transgender
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49B Rules for carrying out forensic procedures—transgender
and intersex people
(a) a forensic procedure is to be carried out on a transgender or
intersex person; and
(b) the provision under which it is carried out refers to a person of
the opposite sex, or the same sex.
(2) The transgender or intersex person may elect to be identified as a male
or female.
(3) If the transgender or intersex person is a child, incapable person or
Aboriginal or Torres Strait Islander person, the transgender or
intersex person’s interview friend or lawyer may elect that the person
be identified as a male or female.
(4) If the election is to be identified as a male, the transgender or intersex
person is taken, for this Act, to be male.
(5) If the election is to be identified as a female, the transgender or
intersex person is taken, for this Act, to be female.
(6) If the transgender or intersex person does not make an election under
subsection (2), but requires that the forensic procedure be carried out
by a male, the person is taken, for this Act, to be male.
(7) If the transgender or intersex person’s interview friend or lawyer does
not make an election under subsection (3), but requires that the
forensic procedure be carried out by a male, the transgender or
intersex person is taken, for this Act, to be male.
(8) If the transgender or intersex person does not make an election under
subsection (2), but requires that the forensic procedure be carried out
by a female, the person is taken, for this Act, to be female.
(9) If the transgender or intersex person’s interview friend or lawyer does
not make an election under subsection (3), but requires that the
forensic procedure be carried out by a female, the transgender or
intersex person is taken, for this Act, to be female.