Australian Capital Territory Numbered Acts

BIRTHS, DEATHS AND MARRIAGES - SECT 26

        (a)     make the required alteration to the Register; or

        (b)     refuse to make the required alteration.

Issue of birth certificates

27. (1) Subject to subsection (2), a birth certificate issued by the Registrar-General in respect of a transsexual person shall show the person's sex in accordance with the record as altered.

(2) The Registrar-General may issue a birth certificate showing a transsexual person's sex before the alteration of the record if application for such certificate is made—

        (a)     by the person;

        (b)     by a child of the person; or

        (c)     by a person specified in the regulations.

(3) A birth certificate referred to in this section shall not include any word or statement to the effect that the person to whom the certificate relates has changed sex.

Use of old birth certificate

28. (1) A person shall not, with intention to deceive, produce to another person—

        (a)     a birth certificate;

        (b)     a copy of such a certificate; or

        (c)     an extract from such a certificate;

issued in respect of the birth of a transsexual person that shows his or her sex before the record was altered.

Penalty: 50 penalty units or imprisonment for 6 months, or both.

(2) It is not a defence to a prosecution for a breach of subsection (1) that the document in respect of which the prosecution is brought refers to the defendant.

Effect of certificates issued in respect of transsexual persons

29. (1) A birth certificate issued in respect of a transsexual person is, for the purposes of any law of the Territory, conclusive evidence of the person's sex as stated in the certificate.

(2) An interstate recognition certificate is, for the purposes of any law of the Territory, evidence that the person referred to therein is of the sex as stated in the certificate.

(3) In this section—