Table Of Contents

Courts and Crimes Legislation Amendment Act 2008 No 53

An Act to amend certain Acts with respect to courts, court procedure, jurisdiction, rights and avenues of appeal and various criminal offences; and for other purposes.
1   Name of Act
This Act is the Courts and Crimes Legislation Amendment Act 2008.
2   Commencement
(1)  This Act commences on the date of assent to this Act, except as provided by subsections (2)–(6).
(2)  Schedules 1 and 22 commence on a day or days to be appointed by proclamation.
(3)  Schedules 2 and 20 commence on the date of commencement of section 8 of the Surveillance Devices Act 2007.
(4)  Schedules 4, 5, 14, 15 [2]–[6], 16 and 18 commence on 1 September 2008.
(5)  Schedule 8 commences on 1 July 2008.
(6)  Schedule 21 commences on 13 September 2010.
3   Principal amendments
The Acts specified in Schedules 1–21 are amended as set out in those Schedules.
4   Consequential amendments
The Births, Deaths and Marriages Registration Regulation 2006 is amended as set out in Schedule 22.
6   Repeal of Act
(1)  This Act is repealed on the day following the day on which all of the provisions of this Act have commenced.
(2)  The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.
Schedule 1 Amendment of Births, Deaths and Marriages Registration Act 1995 No 62
(Section 3)
[1]   Section 4 Definitions
Insert “, change of sex” after “change of name” in the definition of registrable event in section 4 (1).
[2]   Section 32A Definitions
Insert in appropriate order:
  
recognised details certificate means a certificate issued under section 32DD certifying the sex of a person who has undergone a sex affirmation procedure.
[3]   Section 32A
Omit the definition of sexual reassignment surgery. Insert instead:
  
sex affirmation procedure means a surgical procedure involving the alteration of a person’s reproductive organs carried out:
(a)  for the purpose of assisting a person to be considered to be a member of the opposite sex, or
(b)  to correct or eliminate ambiguities relating to the sex of the person.
[4]   Sections 32B (1) and (2) and 32C
Omit “sexual reassignment surgery” wherever occurring.
Insert instead “a sex affirmation procedure”.
[5]   Sections 32DA–32DD
Insert after section 32D:
  
32DA   Application to register change of sex
(1)  A person who is 18 or above:
(a)  who is an Australian citizen or permanent resident of Australia, and
(b)  who lives, and has lived for at least one year, in New South Wales, and
(c)  who has undergone a sex affirmation procedure, and
(d)  who is not married, and
(e)  whose birth is not registered under this Act or a corresponding law,
may apply to the Registrar, in a form approved by the Registrar, for the registration of the person’s sex in the Register.
(2)  The parents of a child (or a parent if the applicant is the sole parent), or the guardian of a child:
(a)  who is an Australian citizen or permanent resident of Australia, and
(b)  who lives, and has lived for at least one year, in New South Wales, and
(c)  who has undergone a sex affirmation procedure, and
(d)  who is not married, and
(e)  whose birth is not registered under this Act or a corresponding law,
may apply to the Registrar, in a form approved by the Registrar, for the registration of the child’s sex in the Register.
32DB   Documents to accompany application to register change of sex
An application under section 32DA must be accompanied by:
(a)  statutory declarations by 2 doctors, or by 2 medical practitioners registered under the law of another State, verifying that the person the subject of the application has undergone a sex affirmation procedure, and
(b)  such other documents and information as may be prescribed by the regulations.
32DC   Decision to register change of sex
(1)  The Registrar is to determine an application under section 32DA by registering the person’s change of sex or refusing to register the person’s change of sex.
(2)  Before registering a person’s change of sex, the Registrar may require the applicant to provide such particulars relating to the change of sex as may be prescribed by the regulations.
(3)  A registration of a person’s change of sex must not be made if the person is married.
32DD   Issue of recognised details certificate
(1)  This section applies if the Registrar registers a person’s change of sex under section 32DC.
(2)  The Registrar must, on application by or on behalf of the person, issue a certificate certifying the particulars contained in the entry in the Register.
[6]   Section 32G Use of new birth certificate
Omit the section.
[7]   Section 32H Use of old birth certificate
Omit the section.
[8]   Section 32J
Insert after section 32I:
  
32J   Effect of registration of change of sex and interstate recognised details certificates
(1)  A person the record of whose sex is registered under this Part is, for the purposes of, but subject to, any law of New South Wales, a person of the sex so registered.
(2)  A person to whom an interstate recognised details certificate relates is, for the purposes of, but subject to, any law of New South Wales, a person of the sex stated in the certificate.
(3)  An interstate recognised details certificate is a certificate issued under the law of another State that is prescribed by the regulations for the purposes of this section.
Schedules 2–20 (Repealed)
Schedule 21 Amendment of Terrorism (Police Powers) Act 2002 No 115
(Section 3)
Section 27A Definitions
Omit section 27A (2).
Schedule 22 Amendment of Births, Deaths and Marriages Registration Regulation 2006
(Section 4)
[1]   Clause 9A
Insert after clause 9:
  
9A   Application to register change of sex
For the purposes of section 32DB (b) of the Act, the following documents are prescribed as documents that must accompany an application under section 32DA of the Act:
(a)  a signed statement by each of the 2 doctors (or 2 medical practitioners) referred to in section 32DB (a) of the Act declaring that the doctor or practitioner concerned sighted proof of the identity of the person the subject of the application when making the statutory declaration referred to in that section, and
(b)  documentary proof to the Registrar’s satisfaction:
(i)  that the person is an Australian citizen or permanent resident of Australia, and
(ii)  that the person lives, and has lived for at least one year, in New South Wales.
[2]   Clause 10 Persons who may apply for old birth certificate
Omit “sexual reassignment surgery” from clause 10 (2) (a).
Insert instead “a sex affirmation procedure”.
[3]   Clause 11 Prescribed interstate laws
Insert at the end of clause 11:
  
(2)  For the purposes of section 32J (Effect of registration of change of sex and interstate recognised details certificates) of the Act the Gender Reassignment Act 2000 of Western Australia is prescribed.