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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
JUSTICE MISCELLANEOUS (REMOVAL OF
OUTDATED SEX TERMINOLOGY) BILL 2023
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Repeal of Act
PART 2 - ANTI-DISCRIMINATION ACT 1998 AMENDED
4. Principal Act
5. Section 3 amended (Interpretation)
6. Section 16 amended (Discrimination on ground of attribute)
7. Section 19 amended (Inciting hatred)
PART 3 - COURT SECURITY ACT 2017 AMENDED
8. Principal Act
9. Section 13 amended (Conduct of search)
PART 4 - PUBLIC TRUSTEE ACT 1930 AMENDED
10. Principal Act
11. Section 3 amended (Interpretation)
PART 5 - YOUTH JUSTICE ACT 1997 AMENDED
12. Principal Act
[Bill 4]-VI
13. Section 25D amended (Requirements as to gender of search
officer conducting search, &c. )
2
JUSTICE MISCELLANEOUS (REMOVAL OF
OUTDATED SEX TERMINOLOGY) BILL 2023
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
LAURA ROSS, Clerk of the House
11 May 2023
(Brought in by the Minister for Justice, the Honourable Elise
Nicole Archer)
A BILL FOR
An Act to amend the Anti-Discrimination Act 1998, the
Court Security Act 2017, the Public Trustee Act 1930 and
the Youth Justice Act 1997
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Justice
Miscellaneous (Removal of Outdated Sex
Terminology) Act 2023.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 4] 3
Justice Miscellaneous (Removal of Outdated Sex Terminology)
Act 2023
Act No. of 2023
s. 3 Part 1 - Preliminary
3. Repeal of Act
This Act is repealed on the first anniversary of
the day on which it commenced.
4
Justice Miscellaneous (Removal of Outdated Sex Terminology) Act
2023
Act No. of 2023
Part 2 - Anti-Discrimination Act 1998 Amended s. 4
PART 2 - ANTI-DISCRIMINATION ACT 1998
AMENDED
4. Principal Act
In this Part, the Anti-Discrimination Act 1998* is
referred to as the Principal Act.
5. Section 3 amended (Interpretation)
The definition of transsexual in section 3 of the
Principal Act is amended as follows:
(a) by omitting "whether or not intersex and
having been legally assigned one" and
substituting "having been legally
assigned a specific";
(b) by omitting from paragraph (a) "the
other" and substituting "another";
(c) by omitting from paragraph (b) "the
other" and substituting "another";
(d) by omitting from paragraph (c) "the
other" and substituting "another".
6. Section 16 amended (Discrimination on ground of
attribute)
Section 16(eb) of the Principal Act is amended
by omitting "intersex" and substituting "innate".
_______________________________________________________________
*No. 46 of 1998
5
Justice Miscellaneous (Removal of Outdated Sex Terminology)
Act 2023
Act No. of 2023
s. 7 Part 2 - Anti-Discrimination Act 1998 Amended
7. Section 19 amended (Inciting hatred)
Section 19(e) of the Principal Act is amended by
omitting "intersex" and substituting "innate".
6
Justice Miscellaneous (Removal of Outdated Sex Terminology) Act
2023
Act No. of 2023
Part 3 - Court Security Act 2017 Amended s. 8
PART 3 - COURT SECURITY ACT 2017 AMENDED
8. Principal Act
In this Part, the Court Security Act 2017* is
referred to as the Principal Act.
9. Section 13 amended (Conduct of search)
Section 13 of the Principal Act is amended as
follows:
(a) by omitting the definition of intersex
from subsection (1);
(b) by omitting from subsection (5)(a)
"intersex" and substituting "has innate
variations of sex characteristics";
(c) by omitting from subsection (5)(b)
"intersex" and substituting "has innate
variations of sex characteristics".
_______________________________________________________________
*No. 34 of 2017
7
Justice Miscellaneous (Removal of Outdated Sex Terminology)
Act 2023
Act No. of 2023
s. 10 Part 4 - Public Trustee Act 1930 Amended
PART 4 - PUBLIC TRUSTEE ACT 1930 AMENDED
10. Principal Act
In this Part, the Public Trustee Act 1930* is
referred to as the Principal Act.
11. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
omitting subsection (2).
_______________________________________________________________
*No. 61 of 1930
8
Justice Miscellaneous (Removal of Outdated Sex Terminology) Act
2023
Act No. of 2023
Part 5 - Youth Justice Act 1997 Amended s. 12
PART 5 - YOUTH JUSTICE ACT 1997 AMENDED
12. Principal Act
In this Part, the Youth Justice Act 1997* is
referred to as the Principal Act.
13. Section 25D amended (Requirements as to gender
of search officer conducting search, &c. )
Section 25D(1) of the Principal Act is amended
by omitting "intersex" from paragraph (b) of the
definition of person of the required gender and
substituting "has innate variations of sex
characteristics".
_______________________________________________________________
*No. 81 of 1997