Document ID: chunk:federal_register_of_legislation:C2025C00132:section:23wa:p6
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 23WA (pt 6/7)
Character Range: 1092109–1094666

recording, video recording or recording by other electronic means.
transgender person is defined in subsection (6).
volunteer is defined in section 23XWQ.
War Crimes Tribunal has the same meaning as Tribunal in the International War Crimes Tribunals Act 1995.
War Crimes Tribunal offence has the same meaning as Tribunal offence in the International War Crimes Tribunals Act 1995.
 (2) In this Part, a person is in custody if he or she is in the lawful custody of a constable.
 (3) In this Part, a sample taken from a person includes a sample taken from the person that consists of matter from another person's body.
 (4) In this Part, a person informs another person of a matter if the person informs the other person of the matter, through an interpreter if necessary, in a language (including sign language or braille) in which the other person is able to communicate with reasonable fluency.

Destroy forensic material or information
 (5) For the purposes of this Part, a person destroys forensic material taken from another person by a forensic procedure, the results of the analysis of the material or other information gained from it if the person destroys any means of identifying the forensic material or information with the person from whom it was taken or to whom it relates.

Transgender persons
 (6) In this Part, a reference to a person being transgender or a transgender person is a reference to a person, whether or not the person is a recognised transgender person:
 (a) who identifies as a member of the opposite sex by living, or seeking to live, as a member of the opposite sex; or
 (b) who has identified as a member of the opposite sex by living as a member of the opposite sex; or
 (c) who, being of indeterminate sex, identifies as a member of a particular sex by living as a member of that sex;
and includes a reference to the person being thought of as a transgender person, whether the person is, or was, in fact a transgender person.
 (7) In this Part (other than subsection (6)), a reference:
 (a) to a member of the opposite sex of a person means, if the person is a transgender person, a member of the opposite sex to the sex with which the transgender person identifies; and
 (b) to a member of the same sex as a person means, if the person is a transgender person, a member of the same sex as the sex with which the transgender person identifies.
 (8) For the purposes of the definitions of prescribed offender and serious offender, a person is under sentence in relation to a prescribed offence or a serious offence if the