Variation in Sex Characteristics (Restricted Medical Treatment) Act 2023

A person commits an offence if—

the person—

takes a prescribed person outside the ACT for the purpose of having restricted medical treatment undertaken on the prescribed person; or

otherwise arranges for restricted medical treatment to be undertaken on the prescribed person; and

the person knows that if the restricted medical treatment were undertaken on the prescribed person in the ACT it would be an offence against section 27.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

A decision-maker for a prescribed person commits an offence if the person—

consents to restricted medical treatment being undertaken on the prescribed person; and

knows that if the restricted medical treatment were undertaken on the prescribed person in the ACT it would be an offence against section 27.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

For subsection (1), it does not matter if—

a decision-maker for the prescribed person consents to the restricted medical treatment; or

for a prescribed person who is an adult—the ACAT consents to the restricted medical treatment under the Guardianship and Management of Property Act 1991, section 70.

Note If the prescribed person is an adult, restricted medical treatment may also be a prescribed medical procedure under the Guardianship and Management of Property Act 1991.

For subsections (1) and (2), it does not matter if the restricted medical treatment—

was not undertaken on the prescribed person; or

was undertaken in the ACT or elsewhere.

Subsections (1) and (2) do not apply to urgent restricted medical treatment.

Note The defendant has an evidential burden in relation to the matter mentioned in s (5) (see Criminal Code, s 58).

Part 5 Restricted Medical Treatment Assessment Board