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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Births, Deaths and Marriages Registration
(Amendment) Act 2004
Act No.
Victorian Legislation Parliamentary Documents
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENTS 3
3. Objects of Act 3
4. Definitions 3
5. New Part 4A inserted 4
PART 4A--RECOGNITION OF SEX
(TRANSSEXUALISM) 4
Division 1--Persons born in Victoria 4
30A. Application to alter Register 4
30B. Statutory declarations by doctors 4
30C. Alteration of Register 6
30D. Issue of new birth certificate 6
Division 2--Victorian residents born elsewhere 7
30E. Application for document acknowledging identity 7
30F. Issue of document acknowledging identity 7
Division 3--Other matters 8
30G. Effect of alteration of Register and interstate recognition
certificates 8
30H. Re-issue of interstate birth certificates 8
6. Access to Register 9
7. Registrar to provide certain information to Minister 9
ENDNOTES 10
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PARLIAMENT OF VICTORIA
Initiated in Assembly 21 April 2004
Victorian Legislation Parliamentary Documents
A BILL
to amend the Births, Deaths and Marriages Registration Act 1996
to provide for the recognition of the sex of persons who have
undergone sex affirmation surgery and for other purposes.
Births, Deaths and Marriages
Registration (Amendment) Act 2004
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend the Births,
Deaths and Marriages Registration Act 1996 to
provide for the recognition of the sex of persons
5
who have undergone sex affirmation surgery.
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Births, Deaths and Marriages Registration (Amendment) Act
2004
Act No.
Part 1--Preliminary
s. 2
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
Victorian Legislation Parliamentary Documents
(2) If a provision of this Act does not come into
operation before 1 January 2005, it comes into
5
operation on that day.
__________________
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Births, Deaths and Marriages Registration (Amendment) Act
2004
Act No.
Part 2--Amendments
s. 3
PART 2--AMENDMENTS
3. Objects of Act
Victorian Legislation Parliamentary Documents
See:
(1) After section 3(c) of the Births, Deaths and Act No.
Marriages Registration Act 1996 insert-- 43/1996.
Reprint No. 1
"(ca) the alteration of the record of sex in a
5 as at
18 February
person's birth registration where the person 1999 and
has undergone sex affirmation surgery; and". amending
Act No.
(2) After section 3(e) of the Births, Deaths and 74/2000.
LawToday:
Marriages Registration Act 1996 insert-- www.dms.
dpc.vic.
"(ea) the issue of documents acknowledging the
10 gov.au
identity of certain persons who have
undergone sex affirmation surgery; and".
4. Definitions
In section 4(1) of the Births, Deaths and
Marriages Registration Act 1996 insert the
15
following definitions--
' "interstate recognition certificate" means a
current certificate identifying a person as
being of a particular sex that is issued under
the Gender Reassignment Act 2000 of
20
Western Australia, the Sexual Reassignment
Act 1988 of South Australia or any other law
prescribed by the regulations for the
purposes of Part 4A of this Act;
"sex affirmation surgery" means a surgical
25
procedure involving the alteration of a
person's reproductive organs carried out for
the purpose of assisting the person to be
considered to be a member of the opposite
sex;'.
30
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2004
Act No.
Part 2--Amendments
s. 5
5. New Part 4A inserted
After Part 4 of the Births, Deaths and Marriages
Registration Act 1996 insert--
Victorian Legislation Parliamentary Documents
'PART 4A--RECOGNITION OF SEX
(TRANSSEXUALISM)
5
Division 1--Persons born in Victoria
30A. Application to alter Register
(1) An unmarried person--
(a) who is 18 years or over; and
(b) whose birth is registered in Victoria;
10
and
(c) who has undergone sex affirmation
surgery--
may apply to the Registrar for the record of
the person's sex in the person's birth
15
registration to be altered.
(2) An application must be in the form approved
by the Registrar and must be accompanied
by the prescribed fee (if any).
30B. Statutory declarations by doctors
20
(1) An application under section 30A must
include statutory declarations, verifying that
the applicant has undergone sex affirmation
surgery, by--
(a) 2 doctors; or
25
(b) 2 medical practitioners registered under
the law of the place where the sex
affirmation surgery was performed--
who performed the surgery or provided other
medical treatment to the applicant in
30
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Part 2--Amendments
s. 5
connection with the applicant's
transsexualism.
Note 1: An application does not need to include these
statutory declarations if the applicant has
Victorian Legislation Parliamentary Documents
5 already obtained an interstate recognition
certificate (see sub-section (4)).
Note 2: For "doctor", see section 4(1).
(2) However, if the sex affirmation surgery was
performed outside Australia and the
Registrar considers it is not reasonably
10
practicable for the applicant to obtain those
statutory declarations, the Registrar may
instead require that the application include
statutory declarations by 2 persons each of
whom is either--
15
(a) a medical practitioner registered under
the law of the place where the surgery
was performed who will verify that the
practitioner has examined medical
records, that he or she believes to be
20
authentic, confirming that the surgery
was performed; or
(b) a doctor, or medical practitioner
registered under the law of an
Australian State or Territory, who the
25
Registrar considers is adequately
experienced in treating persons in
connection with transsexualism and
who will verify that the applicant
appears to have undergone sex
30
affirmation surgery.
(3) A statutory declaration by a medical
practitioner registered under the law of a
place outside Australia must be witnessed by
a person authorised under the law of that
35
place to witness statutory declarations.
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(4) This section does not apply to an application
if the applicant--
(a) has been issued with an interstate
recognition certificate; and
Victorian Legislation Parliamentary Documents
(b) includes that certificate in the
5
application.
30C. Alteration of Register
(1) The Registrar must determine an application
under section 30A by altering the record of
the applicant's sex in the applicant's birth
10
registration or refusing to do so.
(2) Before determining the application, the
Registrar may require the applicant to
provide such further information or
documentation as the Registrar reasonably
15
considers is necessary.
(3) The Registrar cannot make the alteration to
the birth registration if the applicant is
married.
30D. Issue of new birth certificate
20
After the record of a person's sex in the
person's birth registration is altered, any
certificate issued by the Registrar concerning
that birth registration--
(a) must state the person's sex in
25
accordance with the record as altered;
and
(b) must not state that the record of the
person's sex has been altered; and
(c) must not state the person's former name
30
(if any).
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Part 2--Amendments
s. 5
Division 2--Victorian residents born elsewhere
30E. Application for document acknowledging
identity
Victorian Legislation Parliamentary Documents
(1) An unmarried person--
(a) who is 18 years or over; and
5
(b) whose principal place of residence is,
and has been for at least 12 months, in
Victoria; and
(c) whose birth is registered in a place
other than Victoria; and
10
(d) who has undergone sex affirmation
surgery--
may apply to the Registrar for a document
that acknowledges the person's name and
sex.
15
(2) An application must include statutory
declarations as described in section 30B or
an interstate recognition certificate issued to
the applicant.
(3) An application must be in the form approved
20
by the Registrar and must be accompanied
by the prescribed fee (if any).
30F. Issue of document acknowledging identity
(1) The Registrar must determine an application
under section 30E by issuing a document
25
acknowledging the applicant's name and sex
or refusing to do so.
(2) Before determining the application, the
Registrar may require the applicant to
provide such further information or
30
documentation as the Registrar reasonably
considers is necessary.
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(3) The document must not state the applicant's
former sex or former name (if any).
(4) The Registrar may, if he or she considers it
appropriate to do so, include in the document
Victorian Legislation Parliamentary Documents
any other information concerning the
5
applicant's birth that the applicant has
requested (in writing) be included.
(5) The document must include a statement to
the effect that it is not to be taken to certify
the particulars of any entry in the Register.
10
(6) The Registrar cannot issue a document under
this section if the applicant is married.
Division 3--Other matters
30G. Effect of alteration of Register and
interstate recognition certificates
15
(1) If the record of a person's sex in the person's
birth registration is altered under this Part the
person is a person of the sex as altered.
(2) If an interstate recognition certificate is
issued to a person the person is a person of
20
the sex stated in the certificate.
(3) Sub-sections (1) and (2) have effect for the
purposes of, but subject to, the law of
Victoria.
30H. Re-issue of interstate birth certificates
25
To avoid doubt, the validity in Victoria of a
certificate that--
(a) is issued under a law of another State or
a Territory; and
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2004
Act No.
Part 2--Amendments
s. 6
(b) concerns the birth registration of a
person--
is not affected merely because it was issued
as a result of the person having undergone
Victorian Legislation Parliamentary Documents
sex affirmation surgery.'.
5
6. Access to Register
In section 48(2)(b) of the Births, Deaths and
Marriages Registration Act 1996, after
"information" insert "(in particular, whether it
concerns a birth registration that has been altered
10
under Part 4A)".
7. Registrar to provide certain information to Minister
In section 56 of the Births, Deaths and
Marriages Registration Act 1996, for "report of
the number of registrable events registered during
15
that financial year." substitute--
"report of--
(a) the number of registrable events registered
during that financial year; and
(b) the number of occasions on which the
20
Registrar altered the Register under
section 30C, or issued a document under
section 30F, during that financial year.".
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2004
Act No.
Endnotes
ENDNOTES
Victorian Legislation Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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