194 I also infer that Giggle was a trading corporation from the sheer amount of money that had been invested into the Giggle App's development, being around half a million dollars, given Ms Grover had intended to offer a return on investment.
195 The conclusion that Giggle was a trading corporation is one of applied commonsense, supported by logic and some awareness of how social media has worked since the emergence of platforms such as Facebook. Twin goals of profitability and creating spaces for human connection notoriously can be seen as a common feature of social media businesses, with long lead times before, sometimes, profits are actually made.
196 It follows that I find that Giggle was at all relevant times a trading corporation, such that the corporations power supports the application of the gender identity provisions for the purposes of the allegations that they were contravened by the respondents.
(b) Is s 24 of the Births, Deaths and Marriages Registration Act 2003 (Qld) (Qld BDM Registration Act) invalid by reason of inconsistency with the SDA?
197 The respondents contend that that s 24 of the Qld BDM Registration Act is invalid by the operation of s 109 of the Constitution by reason of inconsistency with the SDA, a challenge that in substance is really directed to s 24(4). By their amended s 78B notice, the respondents contend that the legal construct of "female" that emerges from s 24 of the Qld BDM Registration Act directly clashes with the operation and or applies to a matter that is comprehensively regulated by and or applies, in this particular case, inconsistently with ss 5, 5B, 7B, 7D and 22 of SDA or their application.
198 The respondent's amended s 78B notice describes more fully the description of the nature of the Constitutional matter as being:
Part 4 of the Births, Deaths and Marriages Registration Act 2003 (Qld) [Qld BDMR Registration Act] and in particular s 24(1) of the [Qld BDMR Registration Act], alters, impairs or detracts from the operation of ss 5, 5B, 7B, 7D and 22 of the SDA in a manner impermissibly inconsistent with the SDA, and is thereby inoperative, by reason of s 109 the Constitution.
199 Part 4 (ss 22 to 24) of the Qld BDM Registration Act, deals with changes to registered sex. The change to a person's sex after sexual reassignment surgery may be noted on the person's entry in the register of births: s 22. Equivalent recognition is given to a reassignment of sex entered into a register maintained under a corresponding law, defined to be the law of another State, provided the terms of s 23 have been complied with in relation to an application to note
