South Australian Consolidated Acts South Australian Consolidated Acts7—Applications for recognition certificates
(1) The Governor
may—
(a)
authorise one or more magistrates to issue recognition certificates for the
purposes of this Act;
(b)
revoke an authorisation under paragraph (a).
(2) Subject to this
section, where a person has undergone a reassignment procedure (before or
after the commencement of this Act and within this State or elsewhere),
application may be made to a magistrate authorised under
subsection (1)(a) for the issue of a recognition certificate.
(3) An application may
be made under this section—
(a) by
the person to whom it relates; or
(b) if
that person is a child—by the child's guardian.
(4) An application
must be made in the prescribed form and accompanied by the prescribed fee.
(5) A copy of the
application must be served on—
(a) the
Minister; and
(b) any
other person who should, in the magistrate's opinion, be served with notice of
the application.
(6) A person referred
to in subsection (5) is entitled to appear at the hearing of the
application and to make submissions to the magistrate.
(7) In proceedings on
an application, the magistrate is not bound by the rules of evidence, but may
inform himself or herself on any matter in such manner as the magistrate
thinks fit.
(8) Where an
application under this section relates to an adult, the magistrate may issue a
recognition certificate if—
(a)
either—
(i)
the reassignment procedure was carried out in this State;
or
(ii)
the birth of the person to whom the application relates
is registered in this State;
(b) the
magistrate is satisfied that the person—
(i)
believes that his or her true sex is the sex to which the
person has been reassigned; and
(ii)
has adopted the lifestyle and has the sexual
characteristics of a person of the sex to which the person has been
reassigned; and
(iii)
has received proper counselling in relation to his or her
sexual identity.
(9) Where an
application under this section relates to a child, the magistrate may issue a
recognition certificate if—
(a)
either—
(i)
the reassignment procedure was carried out in this State;
or
(ii)
the birth of the child is registered in this State; and
(b) the
magistrate is satisfied that it is in the best interests of the child that the
certificate be issued.
(10) A recognition
certificate cannot be issued to a person who is married.
(11) Proceedings under
this section must be conducted in private.