Tasmanian Greens MPs

Subject of Debate

Motion made and Question proposed – To disagree to the Amendment of the Legislative Council (The Premier);

Original Amendment

New Clause E 

To follow in Part 4, clause 24.

E.  Transitional provisions

(1) If an application under section 23 of this Act –

(a)       has been, before the gender amendments day, made in relation to a change of name of a person; and

(b)       has not been determined before that day –

this Act, as in force after that day, applies in relation to the application and the Registrar is to advise the person that the person may make to the Registrar an application under section 46(9) of this Act as in force after that day.

(2) If an application –

(a)       has been made under section 28A of this Act before the gender amendments day; and

(b)       has not been determined before that day –

the application lapses, but the Registrar must return to the applicant any fee paid by the applicant in relation to the application.

(3) Subsection (4) applies in relation to an application under this Act if –

(a)       the application is an application for the issue of a birth certificate or of an extract from the Register in relation to the registration of the birth of a person; and

(b)       the application was made before the gender amendments day; and

(c)       the application has not been, before that day, determined under this Act by issuing, or refusing to issue, a birth certificate or extract.

(4) If this subsection applies in relation to an application – 

(a)       the application is to be taken to be an application under section 46 of this Act as in force immediately after the gender amendments day; and

(b)       this Act, including section 46, as in force immediately after the gender amendments day, applies in relation to the application; and

(c)       the applicant is – 

(i)        if a request, in relation to the application, was made under section 28D(2) of this Act as in force before the gender amendments day – to be taken to have made, in relation to the application, a request under section 46(4)(b) of this Act as in force after that day; or

(ii)        if a request, in relation to the application, was not made under section 28D(2) of this Act as in force before the gender amendments day – to be taken to have made, in relation to the application, a request under section 46(4)(c) of this Act as in force after that day.