Justice Miscellaneous (Removal of Outdated Sex Terminology) Act 2023

Justice Miscellaneous (Removal of Outdated Sex Terminology) Act 2023

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This Act may be cited as the Justice Miscellaneous (Removal of Outdated Sex Terminology) Act 2023 .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.

3.   Repeal of Act

This Act is repealed on the first anniversary of the day on which it commenced.

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)

Section 3 of the Principal Act is amended by omitting the definition of sex characteristics and substituting the following definition:

sex characteristics, in relation to a person, means the person’s physical features relating to sex, including –

(a) the person’s genitalia and other sexual and reproductive parts of the person’s anatomy; and

(b) the person’s chromosomes, hormones, and secondary physical features that emerge as a result of puberty;

6.    Section 3 further 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".

7.    Section 16 amended (Discrimination on ground of attribute)

Section 16(eb) of the Principal Act is amended by omitting "intersex variations of".

8.    Section 19 amended (Inciting hatred)

Section 19(e) of the Principal Act is amended by omitting "intersex variations of".

PART 3 - Court Security Act 2017 Amended

9.   Principal Act

In this Part, the Court Security Act 2017 is referred to as the Principal Act.

10.    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 variations of sex characteristics";

(c) by omitting from subsection (5)(b) "intersex" and substituting "has variations of sex characteristics".

PART 4 - Public Trustee Act 1930 Amended

11.   Principal Act

In this Part, the Public Trustee Act 1930 is referred to as the Principal Act.

12.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended by omitting subsection (2) .

PART 5 - Youth Justice Act 1997 Amended

13.   Principal Act

In this Part, the Youth Justice Act 1997 is referred to as the Principal Act.

14.    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 variations of sex characteristics".

[Second reading presentation speech made in:

House of Assembly on 11 MAY 2023

Legislative Council on 28 JUNE 2023]