Queensland Numbered Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 2023 - SECT 128

128 Effect of interstate recognition certificate stating sex or gender of person

(1) If an interstate recognition certificate stating a sex is issued for a person, the person is a person of the sex stated in the certificate, for the purposes of, but subject to, a law of the State.

(2) If an interstate recognition certificate stating a gender is issued for a person, the stated gender of the person is taken to be the sex of the person and the person is a person of that sex, for the purposes of, but subject to, a law of the State.

(3) If more than 1 interstate recognition certificate has been issued for a person this section applies to the most recently issued certificate.

(4) Subsection (5) applies to a person who has an entitlement—

(a) under a will; or

(b) under a trust; or

(c) otherwise by operation of law.

(5) The person does not, except as otherwise provided under the will, the trust or by the law conferring the entitlement, lose the entitlement only because an interstate recognition certificate has been issued for the person.

(6) In this section—

"interstate recognition certificate" means a certificate issued under the law of another State that identifies the person who is the subject of the certificate as being the sex or gender stated in the certificate.