If it is necessary to
ascertain the gender of a person before exercising a power in this Act on the
person and the gender of the person is uncertain to the officer authorised to
exercise the power —
(a) the
officer must ask the person to indicate whether a male or a female should
exercise the power on the person and must act in accordance with the answer;
and
(b) in
the absence of an answer, the person must be treated as if of the gender that
the person outwardly appears to the officer to be.