(1) This section applies if a transgender or intersex young detainee is to be searched under this chapter.
(2) For a young detainee who fails to make a choice under section 189 (2) (a) (Transgender and intersex young detainees—sexual identity)—
(a) if the young detainee requires that a male conduct the search, the young detainee is taken, for this chapter, to be male; and
(b) if the young detainee requires that a female conduct the search, the young detainee is taken, for this chapter, to be female.
Note 1 For the criminal matters chapters, the sex of a young detainee is taken to be the young detainee's sex entered in the register under s 189 (7) (Transgender and intersex young detainees—sexual identity).
Note 2 For the meaning of transgender person and "intersex person", see the Legislation Act
, s 169A and s 169B.