Document ID: chunk:federal_register_of_legislation:C2025C00132:section:23wa:p7
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 23WA (pt 7/7)
Character Range: 1094429–1096233

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 an offence against the law of the Commonwealth; or
 (c) is released under a parole order made under subsection 19AL(1) or (1A), paragraph 19AL(2)(b) or subsection 19AL(2A), (6) or (7); 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 section 20C as a sentence or order that, under that section, may be imposed on the child or young person who in a State or Territory is convicted of an offence against the law of the Commonwealth; or
 (f) is subject to an order made under Division 9 of Part IB; or
 (g) is convicted and conditionally released as provided for in subsection 20(1), either:
 (i) in the case of paragraph 20(1)(a)—without sentence being passed; or
 (ii) in the case of paragraph 20(1)(b)—after sentence has been passed.

Requests by a foreign country, international tribunal or foreign law enforcement agency
 (9) The provisions of this Part apply in relation to a forensic procedure carried out because of a request by a foreign country, international tribunal or foreign law enforcement agency, as if a reference to an indictable offence were a reference to a foreign serious offence.