(4) In determining whether an operation
is necessary for the health of a person only matters relevant to the medical
welfare of the person are to be taken into account.
(5) It is not a defence
to a charge under this section that the person mutilated by or because of the
acts alleged to have been committed consented to the acts.
(6) This section
applies only to acts occurring after the commencement of the section.
(c) in relation to an operation performed in a place
outside Australia--a person authorised to practise midwifery by a body
established under the law of that place having functions similar to the
functions of the Nursing and Midwifery Board of Australia, or
"medical practitioner" , in relation to an operation performed in a place
outside Australia, includes a person authorised to practise medicine by a body
established under the law of that place having functions similar to the
Medical Board of Australia.
"medical student" means--
(a) a person who is registered as a student within
the meaning of the Health Practitioner Regulation National Law (NSW) in the
medical profession, or
(b) in relation to an operation performed in a place
outside Australia--a person undergoing a course of training with a view to
being authorised to be a medical practitioner in that place.
"midwifery student" means--
(a) a person who is registered as a student within
the meaning of the Health Practitioner Regulation National Law (NSW) in the
midwifery profession, or
(b) in relation to an operation performed in a place
outside Australia--a person undergoing a course of training with a view to
being authorised to be a midwife practitioner in that place.
"sexual reassignment procedure" means a surgical procedure to alter the
genital appearance of a person to the appearance (as nearly as practicable) of
the opposite sex to the sex of the person.
