After section 28 of the Principal Act , the following Part is inserted:

PART 4A - Registration of change of sex

28A.     Application to register change of sex

(1)  An adult person –

(a) whose birth is entered in the Register; and

(b) who has undergone sexual reassignment surgery; and

(c) who is not married –

may apply to the Registrar, in a form approved by the Registrar, to register a change of the person's sex.

(2)  The parents of a child whose birth is registered in the State may apply to the Registrar, in a form approved by the Registrar, for registration of a change of the child's sex.

(3)  An application for registration of a change of a child's sex may be made by one parent if –

(a) the applicant is the sole parent named in the registration of the child's birth under this Act or any other law; or

(b) there is no other surviving parent of the child.

(4)  If the parents of a child are dead, cannot be found or for some other reason cannot exercise their parental responsibilities in respect of the child, the child's guardian may apply for registration of a change of the child's sex.

28B.     Application to be accompanied by documents

An application under section 28A is to be accompanied by –

(a) a statutory declaration from each of 2 doctors, or 2 medical practitioners registered under the law of any other State, verifying that the person who is the subject of the application has undergone sexual reassignment surgery; and

(b) any other document or information that the Registrar requires.

28C.     Registration of change of sex

(1)  On receipt of an application, the Registrar must –

(a) register the change of sex by making an entry of the change in the Register; or

(b) refuse to register the change of sex.

(2)  In considering whether or not to note the particulars of a change of sex, the Registrar may –

(a) require the person or persons who signed the application to provide further particulars as the Registrar requires; or

(b) make such inquiries, if any, as he or she thinks fit to inform himself or herself as to whether the person has undergone sexual reassignment surgery.

(3)  The Registrar must not note in the Register particulars of the change of a person's sex if the person is married.

28D.     Issue of birth certificate after change of sex

(1)  If a change of sex is registered under this Part in respect of any person, a birth certificate issued by the Registrar for the person is to show the person's sex as registered with a notation that the person was previously registered as of the other sex.

(2)  If requested by the person, the Registrar may issue an extract from the Register which does not include the notation referred to in subsection (1) .

28E.     Issue of old birth certificate

The child of a person whose change of sex is registered under this Part, or a prescribed person, may apply to the Registrar, in a form approved by the Registrar, for a birth certificate of the person that shows the person's sex before his or her change of sex, and the Registrar may issue the birth certificate to the child or prescribed person showing the person's sex as previously registered with a notation that the person has been subsequently registered as of the other sex.

28F.     Use of former birth certificate

A person in respect of whom a change of sex is registered under this Part must not, with intention to deceive, produce to another person a birth certificate or a copy of a birth certificate or an extract from the Register issued for the person that shows the person's sex before the change was so registered.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.

28G.     Effect of registration of change of sex

(1)  Where a person's change of sex is registered under this Part, the person is, for the purposes of, but subject to, any law in force in this State, a person of the sex as so changed.

(2)  A person's change of sex does not affect any relationship of that person arising by consanguinity or by operation of law.

28H.     Recognition of certificates issued outside Tasmania

A person in respect of whom there is a recognition certificate is taken to be, for the purposes of, but subject to, any law in force in this State, a person of the sex stated in the recognition certificate.

28J.     Saving for rights of transgendered persons

(1)  A person who is entitled as a beneficiary –

(a) under a will; or

(b) under a trust; or

(c) otherwise by operation of law –

does not, except as may be otherwise provided under the will, the trust or by the law conferring the entitlement, forfeit any right or entitlement by reason only of the fact that he or she is a person whose change of sex is registered or recognised under this Part.

(2)  Subsection (1) does not operate so as to confer any right or entitlement that would not exist apart from that subsection.