Sex Discrimination Amendment (Restoring Common Sense and Recognising Biological Sex)

4C Meaning of sex, man, woman etc. (1) A reference in this Act to a person’s sex is a reference to the person’s sex at birth, being either male or female as determined by the person’s chromosomal and reproductive characteristics. Note: This definition of sex confirms that a person’s sex is immutable. This is in contrast to a person’s gender identity (see the definition of gender identity in section 4). (2) To avoid doubt, nothing after birth affects a person’s sex, including, for example, any subsequent medical, surgical or hormonal intervention or any change to the person’s birth certifica

(1) A reference in this Act to a person’s sex is a reference to the person’s sex at birth, being either male or female as determined by the person’s chromosomal and reproductive characteristics. Note: This definition of sex confirms that a person’s sex is immutable. This is in contrast to a person’s gender identity (see the definition of gender identity in section 4). (2) To avoid doubt, nothing after birth affects a person’s sex, including, for example, any subsequent medical, surgical or hormonal intervention or any change to the person’s birth certificate or other identity document.

Intersex status (6) Where a person has an intersex status and the person’s biological sex was incorrectly identified at birth, the person’s sex for the purposes of this Act is the person’s biological sex.

30A Single‑sex arrangements Single‑sex arrangements (1) Despite anything in: (a) this Act (including, to avoid doubt, section 5B); or (b) a law of a State or Territory (within the meaning of subsection 10(2)); a person does not discriminate against another person on the ground of sex or gender identity by engaging in conduct in connection with, or for the purposes of, establishing, operating, giving effect to, providing access to or maintaining a single‑sex arrangement. Note: This subsection would apply, for example, so that a person operating a women’s shelter does not discriminate by d

Meaning of single‑sex arrangement (3) A single‑sex arrangement is any service, facility, space, activity, body or other arrangement, to the extent that it is restricted to persons of a particular sex for the purpose of protecting the safety, dignity, privacy or equality of women and girls, or of men and boys, and includes (without limitation): (a) a shelter, refuge, crisis service or support service; and (b) a bathroom, changing room or similar facility; and (c) a hospital ward or other health service; and (d) a sporting activity, competition or event, and any selection process or eligibi

(4) To avoid doubt, a single‑sex arrangement may be provided wholly or partly by electronic means, including through an online service, application or platform. Note: Because of this subsection, a women’s networking app may be a single‑sex arrangement. Subsection (1) would apply, for example, so that a person operating the app does not discriminate by declining access to, or restricting participation by, a person whose sex at birth is male but who identifies as a woman.

Interaction with State and Territory laws (5) It is the intention of the Parliament that conduct covered by subsection (1) be lawful despite any law of a State or Territory. Accordingly, and despite sections 10 and 11, this section applies to the exclusion of a law of a State or Territory (within the meaning of subsection 10(2)) to the extent that the law would, apart from this section, render that conduct unlawful.