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Legislative Assembly for the ACT: 2003 Week 3 Hansard (13 March) . . Page.. 1091..


(3) The search of a detainee or his or her quarters under subsection (1) or (2) must, if practicable, be carried out by a custodial officer of the same sex as the detainee.

(3A) If the detainee is a transgender or intersex person, the person may ask that the search be carried out by either a male or a female.

Note 1 For the meaning of transgender person see Legislation Act, s 169A.

Note 2 For the meaning of intersex person , see Legislation Act, s 169B.

(3B) If the detainee asks that the search be carried out by a male, the detainee is taken, for this section, to be male.

(3C) If the detainee asks that the search be carried out by a female, the detainee is taken, for this section, to be female.

29

Schedule 1

Amendment 1.96

Page 26-

omit amendment 1.96, substitute

[1.96] Regulation 7

renumber subregulations when regulations next republished under Legislation Act

30

Schedule 1

Amendment 1.97

Page 26-

omit amendment 1.97, substitute

[1.97] New regulation 10 (5A)

insert

(5A) For subregulation (5), a transgender or intersex person is taken to be of the sex with which the person identifies.

Note 1 For the meaning of transgender person see Legislation Act, s 169A.

Note 2

For the meaning of intersex person , see Legislation Act, s 169B.

Schedule 3

Legislation (Gay, Lesbian and Transgender) Amendment Bill 2002

Amendments circulated by Chief Minister, Attorney-General, Minister for Community Affairs and Minister for the Environment

5

Clause 4

Proposed new section 169A (1)

Page 3, line 14-

omit proposed new section 169A (1), substitute the following subsection


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