Not a well crafted bill

The House has voted through the Legislation (Definitions of Woman and Man) Amendment Bill to select committee. I understand the intent of the bill, but is is really badly drafted. The key provision is:

13A Meaning of woman or female

In any legislation, regardless of gender identity,—

(a) woman means an adult human biological female; and 
(b) female means a human biological female.
13B Meaning of man or male

In any legislation, regardless of gender identity,—

(a) man means an adult human biological male; and 
(b) male means a human biological male.

So three big issues.

  1. They define female as meaning a human biological female. So they say a female is a female. Umm.
  2. They don’t define adult, making it 20 by default
  3. They don’t define biological woman or male, which Liam Hehir sets out as a problem below

https://twitter.com/PronouncedHare/status/2056981151156437214

I also have a substantive problem in that the proposed law would potentially remove flexibility, where it is warranted.

My preferred legislative solution would be:

  1. Define sex as meaning biological sex as determined by gametes.
  2. Define gender as meaning your sex unless you have gone through a legal process to change your gender identity to either the other gender or non-binary.
  3. Birth certificates would reflect sex
  4. Passports would reflect gender
  5. In legislation any reference to male or female would be assumed to be sex, unless explicitly stated to be gender. This would allow flexibility as appropriate.

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