Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if—
(a) a forensic procedure is to be carried out on a transgender or intersex person; and
(b) the provision under which it is carried out refers to a person of the opposite sex, or the same sex.
(2) The transgender or intersex person may elect to be identified as a male or female.
(3) If the transgender or intersex person is a child, incapable person or Aboriginal or Torres Strait Islander person, the transgender or intersex person's interview friend or lawyer may elect that the person be identified as a male or female.
(4) If the election is to be identified as a male, the transgender or intersex person is taken, for this Act, to be male.
(5) If the election is to be identified as a female, the transgender or intersex person is taken, for this Act, to be female.
(6) If the transgender or intersex person does not make an election under subsection (2), but requires that the forensic procedure be carried out by a male, the person is taken, for this Act, to be male.
(7) If the transgender or intersex person's interview friend or lawyer does not make an election under subsection (3), but requires that the forensic procedure be carried out by a male, the transgender or intersex person is taken, for this Act, to be male.
(8) If the transgender or intersex person does not make an election under subsection (2), but requires that the forensic procedure be carried out by a female, the person is taken, for this Act, to be female.
(9) If the transgender or intersex person's interview friend or lawyer does not make an election under subsection (3), but requires that the forensic procedure be carried out by a female, the transgender or intersex person is taken, for this Act, to be female.