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Gender identity definition: 2013 amendment

Transcribed from the supplied image of Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013, No. 98, 2013, page 4. This is an excerpt from the Act as enacted, not a statement of current law. The image begins and ends partway through provisions.

Section wording and numbering are retained; layout has been simplified for reading.

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Schedule 1 Amendments

Part 1 Amendment of the Sex Discrimination Act 1984

de facto partner has the meaning given by the Acts Interpretation Act 1901.

5 Subsection 4(1) (definition of de facto spouse)

Repeal the definition.

6 Subsection 4(1)

Insert:

gender identity means the gender-related identity, appearance or mannerisms or other gender-related characteristics of a person (whether by way of medical intervention or not), with or without regard to the person’s designated sex at birth.

7 Subsection 4(1)

Insert:

intersex status means the status of having physical, hormonal or genetic features that are:

  1. neither wholly female nor wholly male; or
  2. a combination of female and male; or
  3. neither female nor male.

8 Subsection 4(1) (definition of man)

Repeal the definition.

9 Subsection 4(1)

Insert:

marital or relationship status means the status of being any of the following:

  1. single;
  2. married;
  3. married but living separately and apart from his or her spouse;
  4. divorced;
  5. the de facto partner of another person;
  6. the de facto partner of another person but living separately and apart from that other person;

Page 4 · Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013 · No. 98, 2013
ComLaw Authoritative Act C2013A00098

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