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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Childhood Gender Transition
Prohibition Bill 2023
No. , 2023
(Senators Antic, Babet, Roberts and Canavan)
A Bill for an Act to prohibit gender clinical
interventions intended to transition a minor's
biological sex, and for related purposes
No. , 2023
Childhood Gender Transition Prohibition Bill 2023
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Definitions ......................................................................................... 2
4
Binding the Crown ............................................................................ 3
5
Extension to external Territories ....................................................... 3
6
Constitutional basis of this Act .......................................................... 3
7
Additional operation of this Act ........................................................ 3
Part 2--Prohibition on health practitioners
5
8
Health practitioners may not provide gender clinical interventions
intended to transition a minor's biological sex .................................. 5
Part 3--Enforcement
8
9
Enforceable undertakings .................................................................. 8
10
Injunctions ......................................................................................... 8
11
Cancellation of registration ............................................................... 9
Part 4--Restriction on expenditure or payment of Commonwealth
money
11
12
Restriction on expenditure or payment of Commonwealth money .. 11
Part 5--Miscellaneous
12
13
Regulations ...................................................................................... 12
No. , 2023
Childhood Gender Transition Prohibition Bill 2023
1
A Bill for an Act to prohibit gender clinical
1
interventions intended to transition a minor's
2
biological sex, and for related purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act is the
Childhood Gender Transition Prohibition Act 2023
.
8
Part 1
Preliminary
Section 2
2
Childhood Gender Transition Prohibition Bill 2023
No. , 2023
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Definitions
13
Convention on the Rights of the Child
means the Convention on
14
the Rights of the Child done at New York on 20 November 1989,
15
as in force for Australia from time to time.
16
Note:
The Convention on the Rights of the Child is in Australian Treaty
17
Series 1991 No. 4 ([1991] ATS 4) and could in 2023 be viewed in the
18
Australian Treaties Library on the AustLII website
19
(http://www.austlii.edu.au).
20
health practitioner
means a person who, under a law of a State or
21
Territory, is registered or licensed to practice in any of the
22
following health professions (or a recognised specialty in any of
23
the following health professions):
24
(a) Aboriginal and Torres Strait Islander health practice;
25
(b) medical;
26
(c) nursing;
27
(d) occupational therapy;
28
Preliminary
Part 1
Section 4
No. , 2023
Childhood Gender Transition Prohibition Bill 2023
3
(e) pharmacy;
1
(f) psychology;
2
(g) a profession prescribed by the regulations for the purposes of
3
this paragraph.
4
health practitioner registration board
means a person or body
5
who, under a law of a State or Territory, registers or licenses
6
persons to practice in a health profession (or in a recognised
7
specialty in a health profession).
8
Minister
means the Minister administering the
National Health Act
9
1953.
10
minor
means an individual who has not yet reached
18 years of
11
age.
12
Regulatory Powers Act
means the
Regulatory Powers (Standard
13
Provisions) Act 2014
.
14
4 Binding the Crown
15
This Act binds the Crown.
16
5 Extension to external Territories
17
This Act extends to every external Territory.
18
6 Constitutional basis of this Act
19
This Act gives effect to Australia's international obligations under
20
the Convention on the Rights of the Child, and in particular,
21
Articles 3 and 19.
22
7 Additional operation of this Act
23
(1) In addition to section 6, this Act also has effect as provided by this
24
section.
25
(2) The provisions of this Act also have the effect they would have if a
26
reference to gender clinical interventions were expressly confined
27
Part 1
Preliminary
Section 7
4
Childhood Gender Transition Prohibition Bill 2023
No. , 2023
to gender clinical interventions undertaken by or on behalf of a
1
corporation to which paragraph 51(xx) of the Constitution applies.
2
Prohibition on health practitioners
Part 2
Section 8
No. , 2023
Childhood Gender Transition Prohibition Bill 2023
5
Part 2--Prohibition on health practitioners
1
2
8 Health practitioners may not provide gender clinical interventions
3
intended to transition a minor's biological sex
4
Must not knowingly provide gender clinical interventions intended
5
to transition a minor's biological sex
6
(1) A health practitioner must not knowingly provide gender clinical
7
interventions to a minor that are intended to transition the minor's
8
biological sex as determined by the child's sex organs,
9
chromosomes, and endogenous profiles.
10
(2) Without limiting subsection (1), gender clinical interventions that
11
are intended to transition the minor's biological sex include:
12
(a) performing a surgery that sterilises the minor, including:
13
(i) castration;
14
(ii) vasectomy;
15
(iii) hysterectomy;
16
(iv) oophorectomy;
17
(v) metoidioplasty;
18
(vi) orchiectomy;
19
(vii) penectomy;
20
(viii) phalloplasty; and
21
(ix) vaginoplasty;
22
(b) performing a mastectomy;
23
(c) providing, prescribing, administering or dispensing any of
24
the following prescription drugs that induce transient or
25
permanent infertility:
26
(i) a puberty suppression or blocking prescription drugs to
27
stop or delay normal puberty;
28
(ii) a supraphysiologic doses of testosterone to females;
29
(iii) supraphysiologic doses of estrogen to males;
30
(d) removing any otherwise healthy or non-diseased body part or
31
tissue.
32
Part 2
Prohibition on health practitioners
Section 8
6
Childhood Gender Transition Prohibition Bill 2023
No. , 2023
Exceptions
1
(3) Subsection (1) does not apply to the provision by a health
2
practitioner, with the consent of the minor's parent or legal
3
guardian, of:
4
(a) puberty suppression or blocking prescription drugs for the
5
purpose of normalising puberty for a minor experiencing
6
precocious puberty; or
7
(b) appropriate and medically necessary procedures or treatments
8
to a child who:
9
(i) is born with a medically verifiable genetic disorder of
10
sex development, including:
11
(A) 46,XX chromosomes with virilisation;
12
(B) 46,XY chromosomes with undervirilisation;
13
(C) both ovarian and testicular tissue; and
14
(ii) does not have the typical sex chromosome structure for
15
male or female as determined by a physician through
16
genetic testing.
17
(4) Subsection (1) does not apply to the provision by a health
18
practitioner of a prescription drug to a minor if:
19
(a) the prescription drug is part of a continuing course of
20
treatment that the minor began before 14 days after
21
commencement of the Act; and
22
(b) the minor attended 12 or more sessions of mental health
23
counselling or psychotherapy during a period of at least six
24
months before the date the course of treatment began.
25
(5) If a health practitioner is treating a minor to whom the exception in
26
subsection (4) applies the health practitioner:
27
(a) must take reasonable steps to support the minor to wean off
28
the prescription drug over a period of time and in a manner
29
that is safe and medically appropriate and that minimises the
30
risk of complications; and
31
(b) may not switch to or begin a course of treatment on another
32
prescription drug that the health practitioner is prohibited
33
from providing to the minor under subsection (1) or
34
Prohibition on health practitioners
Part 2
Section 8
No. , 2023
Childhood Gender Transition Prohibition Bill 2023
7
otherwise receive a procedure or treatment prohibited by that
1
subsection.
2
Part 3
Enforcement
Section 9
8
Childhood Gender Transition Prohibition Bill 2023
No. , 2023
Part 3--Enforcement
1
2
9 Enforceable undertakings
3
Enforceable provisions
4
(1) The provisions of this Act are enforceable under Part 6 of the
5
Regulatory Powers Act.
6
Note:
Part 6 of the Regulatory Powers Act creates a framework accepting
7
and enforcing undertakings relating to compliance with provisions.
8
Authorised person
9
(2) For the purposes of Part 6 of the Regulatory Powers Act the
10
Minister is an authorised person in relation to the provisions
11
mentioned in subsection (1).
12
Relevant Court
13
(3) For the purposes of Part 6 of the Regulatory Powers Act, the
14
Federal Court is a relevant court in relation to the provisions
15
mentioned in subsection (1).
16
Extension to external Territories
17
(4) Part 6 of the Regulatory Powers Act, as it applies in relation to the
18
provisions mentioned in subsection (1), extends to every external
19
Territory.
20
10 Injunctions
21
Enforceable provisions
22
(1) The provisions of this Act are enforceable under Part 7 of the
23
Regulatory Powers Act.
24
Note:
Part 7 of the Regulatory Powers Act creates a framework for using
25
injunctions to enforce provisions.
26
Enforcement
Part 3
Section 11
No. , 2023
Childhood Gender Transition Prohibition Bill 2023
9
Authorised person
1
(2) For the purposes of Part 7 of the Regulatory Powers Act the
2
Minister is an authorised person in relation to the provisions
3
mentioned in subsection (1).
4
Relevant Court
5
(3) For the purposes of Part 7 of the Regulatory Powers Act, the
6
Federal Court is a relevant court in relation to the provisions
7
mentioned in subsection (1).
8
Extension to external Territories
9
(4) Part 7 of the Regulatory Powers Act, as it applies in relation to the
10
provisions mentioned in subsection (1), extends to every external
11
Territory.
12
11 Cancellation of registration
13
If Minister holds reasonable belief that a health practitioner has
14
engaged in prohibited conduct
15
(1) If the Minister reasonably believes that a health practitioner has
16
contravened section 8 then the Minister must give the health
17
practitioner a written notice stating:
18
(a) the Minister's belief that the health practitioner has
19
contravened section 8; and
20
(b) the reasons for the Minister's belief.
21
(2) A health practitioner who receives a written notice under
22
subsection (1) may, within 60 days of receiving the notice, provide
23
a written submission to the Minister in relation to the alleged
24
contravention.
25
(3) If:
26
(a) the Minister receives a written submission from the health
27
practitioner and continues to hold a reasonable belief that the
28
health practitioner has contravened section 8; or
29
(b) both:
30
Part 3
Enforcement
Section 11
10
Childhood Gender Transition Prohibition Bill 2023
No. , 2023
(i) a period of 60 days has elapsed since the Minister
1
provided the health practitioner with a written notice
2
under subsection (1); and
3
(ii) the Minister has not received a written submission from
4
the health practitioner;
5
then the Minister must provide a written notice to the relevant
6
health practitioner registration board (however described) of the
7
health practitioner stating:
8
(c) the Minister's belief that the health practitioner has
9
contravened section 8; and
10
(d) the reasons for the Minister's belief.
11
Cancellation by relevant health practitioner registration board
12
(4) If a health practitioner registration board receives a written notice
13
under subsection (3) then the board must cancel the registration of
14
the health practitioner.
15
Cancellation notice
16
(5) If a health practitioner registration board cancels the registration of
17
a health practitioner under subsection (4), the board must give the
18
person to whom the decision related a written notice stating:
19
(a) that the practitioner's registration has been cancelled; and
20
(b) the reasons for the cancellation.
21
Restriction on expenditure or payment of Commonwealth money
Part 4
Section 12
No. , 2023
Childhood Gender Transition Prohibition Bill 2023
11
Part 4--Restriction on expenditure or payment of
1
Commonwealth money
2
3
12 Restriction on expenditure or payment of Commonwealth money
4
(1) The Commonwealth may not enter into an arrangement involving
5
the expenditure or payment of money which is proposed to be used
6
by, granted, paid, or distributed to any health care provider,
7
medical school, hospital, health practitioner, State or Territory or
8
any other entity, organisation, or individual that provides or
9
facilitates the provision of a procedure or treatment to a minor that
10
is prohibited under section 8.
11
(2) This section has effect despite any other provision of this Act or
12
any other law of the Commonwealth or a State or Territory.
13
Part 5
Miscellaneous
Section 13
12
Childhood Gender Transition Prohibition Bill 2023
No. , 2023
Part 5--Miscellaneous
1
2
13 Regulations
3
The Governor-General may make regulations prescribing matters:
4
(a) required or permitted by this Act to be prescribed by the
5
regulations; or
6
(b) necessary or convenient to be prescribed for carrying out or
7
giving effect to this Act.
8