Document ID: chunk:federal_register_of_legislation:C2004C01233:clause:1_36:p1
Version: federal_register_of_legislation:C2004C01233
Segment Type: clause
Provision Reference: sch 1 cl 36 (pt 1/2)
Character Range: 13150–15595

36  At the end of section 23WA
Add:

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 person:
 (a) is serving a sentence in a prison (including a gaol, lock‑up or other place of detention); or
 (b) is serving a sentence of a kind, or subject to an order of a kind, provided for in subsection 20AB(1) as a sentence or order that may be passed or made by a court, under that section, in respect of a person convicted of a federal offence; or
 (c) is released under a parole order made under subsection 19AL(1) or (2); or
 (d) is released on a licence granted under section 19AP; or
 (e) being a child or young person, is serving a sentence of a kind, or subject to an order of a kind, provided for in subsection 20C(1) as a sentence or order that, under that section, may be imposed on the child or young person who in a State or