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General Legal Status:
Department of Foreign Affairs and Trade
Manual of Australian Passports Issue (MAPI)
 

This is an excerpt only, the full document is available from the Australian Government Bookshop.

Please Quote MAPI, Item 722-725, Page 7-3. CHANGE OF SEX

722. Full validity passports issued to transsexuals may show the sex of re-assignment subject to production by the applicant of medical evidence of re-assignment and on provision to the applicant of written advice that the sex indicated in the passport is for that purpose alone (Paragraph 729).

723. Each request for a passport showing the sex of re-assignment must be supported by a certificate from an appropriate Medical Practitioner that successful re-assignment surgery has been performed, evidence of change of name, and usage of that name.

724. The recipient of each such passport should be advised in writing in the following terms:

    "It is important to note that the issue to you of a passport indicating your gender as opposite to that in which you were born should not be interpreted as indicating the Government's view of your general legal status. This has been done, as an administrative matter, simply to alleviate unnecessary embarrassment while travelling. As the law now stands, where the sex of a person is an essantial determinant of a legal relationship, status or rule, the relevent sex is that determined at birth. This is so, for example, in the case of marriage. The Marriage Act, 1961 provides a penalty for the making of a false statement in a notice of intended marriage. Entry of the name of a person born male as "bride", or a person born female as "bridegroom", would constitute such a false statement at the moment. A purported marriage solemnized between two persons, both of whom were born the same sex, would be of no legal effect."

725. Persons travelling overseas for the specific purpose of undergoing a sex reassignment operation may be issued with a passport showing the intended sex on condition that appropriate medical evidence supporting the application is provided. Such a passport will have limited validity for one year and will only be replaced with a full validity passport stating the changed gender on presentation of medical evidence confirming that the operation was performed successfully. At the time of issuing either document, the applicant must also be provided with written advice that the sex indicated in the passport is for that purpose alone (see Paragraphs 327 and 729).

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