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This is a Bill, not an Act. For current law, see the Acts databases.
CIVIL PARTNERSHIPS AMENDMENT BILL 2009
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Shane Rattenbury)
Civil
Partnerships Amendment Bill 2009
Contents
Page
Part
1.1 Births, Deaths and Marriages Registration
Act 1997 12
Part 1.2 Births,
Deaths and Marriages Registration Regulation 1998 14
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Shane Rattenbury)
Civil Partnerships
Amendment Bill 2009
A Bill for
An Act to amend the
Civil Partnerships Act
2008, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Civil Partnerships Amendment Act 2009.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Civil Partnerships Act 2008.
Note This Act also amends the following legislation (see sch
1):
• Births, Deaths and Marriages Registration Act 1997
• Births, Deaths and Marriages Registration Regulation
1998.
4 Civil
partnerships—generalSection 5
(1)
substitute
(1) A civil partnership is a legally recognised relationship that, subject
to this Act, may be entered into by any 2 adults, regardless of their
sex.
substitute
Division 2.3 Entering into civil
partnership
in division 2.3, insert
6A How civil partnership is entered
into
Two adults who are in a relationship as a couple, regardless of their sex,
and who meet the eligibility criteria in section 6, may enter into a civil
partnership by—
(a) having their relationship registered under section 8; or
(b) making a declaration before a civil partnership notary under section
8B (Declaration of civil partnership).
Note The registrar-general must enter particulars of a civil
partnership entered into under this Act in the register under the Births,
Deaths and Marriages Registration Act 1997, pt 5A.
7 Application
for registrationSection 7 (1), except
note
substitute
(1) Two people who wish to enter into a civil partnership as mentioned in
section 6A (a) may apply to the registrar-general for registration of their
relationship as a civil partnership.
in division 2.3, insert
8A Notice of intention to enter into civil
partnership
(1) Before 2 people enter into a civil partnership as mentioned in section
6A (b), they must give notice to a civil partnership notary of their intention
to enter into a civil partnership.
Note 1 If a form is approved under s 19 for a notice, the form must
be used.
Note 2 The notice must be given not earlier than 18 months and not
later than 5 days before the civil partnership is entered into (see s
8B (2)).
(2) The notice must be accompanied by—
(a) a statutory declaration made by each person stating—
(i) that the person wishes to enter into a civil partnership with the
other person; and
(ii) that the person is not married or in a civil partnership;
and
(iii) that the person believes the person and the other person do not have
a prohibited relationship; and
(iv) where the person lives; and
(b) the evidence required by section 13 of each person’s identity
and age; and
(c) anything else prescribed by regulation.
(3) As soon as practicable after receiving the notice and statutory
declarations, the civil partnership notary must give each person a written
notice setting out the legal effect of a civil partnership.
Note If a form is approved under s 19 for a notice, the form must be
used.
8B Declaration of civil
partnership
(1) Two people who have given notice to a civil partnership notary in
accordance with section 8A may enter into a civil partnership by making a
declaration before the civil partnership notary and at least 1 other
witness.
(2) The declaration must be made not earlier than 5 days, and not later
than 18 months, after the day the notice was given to the civil partnership
notary.
(3) The declaration must be made by each person to the other and must
contain a clear statement that—
(a) names both parties; and
(b) acknowledges that they are freely entering into a civil partnership
with each other.
insert
Part 2A Civil partnership
notaries
11A Registration of civil partnership
notaries
(1) A person may apply, in writing, to the registrar-general to be
registered as a civil partnership notary.
Note 1 A fee may be determined under s 18 for this
provision.
Note 2 If a form is approved under s 19 for
this provision, the form must be used.
(2) On application by a person under subsection (1), the registrar-general
may register the applicant if satisfied that the applicant—
(a) is an individual aged 18 years or older; and
(b) has the knowledge and the skills or experience necessary to exercise
the functions of a civil partnership notary under this Act; and
(c) is a suitable person to be registered as a civil partnership
notary.
(3) If the registrar-general is not satisfied under subsection (2), the
registrar-general must refuse to register the applicant.
(4) In deciding whether a person is a suitable person to be registered as
a civil partnership notary, the registrar-general must have regard to the
following:
(a) whether the person has been convicted, or found guilty, in Australia
of an offence punishable by imprisonment for 1 year or longer;
(b) whether the person has been convicted, or found guilty, outside
Australia of an offence that, if it had been committed in the ACT, would have
been punishable by imprisonment for 1 year or longer;
(c) whether the person has been convicted, or found guilty, of an offence
against, or has otherwise contravened, this Act;
(d) whether the person is or has been an undischarged bankrupt, has
executed a personal insolvency agreement or has otherwise applied to take the
benefit of any law for the relief of bankrupt or insolvent debtors;
(e) whether the person has a physical or mental incapacity that may affect
the exercise of the person’s functions as a civil partnership
notary.
(5) In deciding whether a person is a suitable person to be a civil
partnership notary, the registrar-general may have regard to anything else the
registrar-general considers relevant.
11B Register of civil partnership
notaries
(1) The registrar-general must keep a register of people registered as
civil partnership notaries under this Act.
(2) The register may be kept in any form, including electronically, that
the registrar-general decides.
(3) The register must include the following information for each person
registered as a civil partnership notary:
(a) the person’s full name;
(b) the person’s address and contact details;
(c) the date the person was registered;
(d) if the person’s registration is cancelled or the person
otherwise ceases to be registered—the date the registration
ceases.
(4) The register must be available for public inspection at reasonable
times.
11C Cancellation of registration
The registrar-general may cancel a person’s registration as a civil
partnership notary if the registrar-general considers that the person does not
satisfy, or no longer satisfies, the criteria for registration under
section 11A (2).
Part 2B Notification and review of
decisions
11D Meaning of reviewable decision—pt
2B
In this part:
reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in
column 2 in relation to the decision.
11E Reviewable decision notices
If the registrar-general makes a reviewable decision, the registrar-general
must give a reviewable decision notice to each entity mentioned in schedule 1 in
relation to the decision.
Note 1 The registrar-general must also take reasonable steps to give
a reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
11F Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
insert
12A Noncompliance with certain
requirements
(1) A civil partnership is not invalid only because a requirement about
the form of the notice given under section 8A (Notice of intention to enter into
civil partnership) was not complied with.
(2) A civil partnership is not invalid only because the person to whom the
parties gave notice under section 8A, or before whom the parties made the
declaration under section 8B (Declaration of civil partnership), was not a civil
partnership notary if either party believed, when giving the notice or making
the declaration, that the person was a civil partnership notary.
11 Civil
partnerships under corresponding
lawsSection 15 (2), definition of
corresponding law
omit
or another Territory
substitute
, another Territory or another country
insert
15A Offences
(1) A civil partnership notary commits an offence if—
(a) the notary allows a civil partnership, or purported civil partnership,
to be entered into before the notary; and
(b) the notice required under section 8A (Notice of intention to enter
into civil partnership) (including the statutory declaration and anything else
required under that section) for the civil partnership—
(i) has not been given to the notary; or
(ii) was not given to the notary within the period allowed by section
8B (2).
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) A civil partnership notary commits an offence if—
(a) the notary allows a civil partnership, or purported civil partnership,
to be entered into before the notary; and
(b) the notary has reasonable grounds to believe that the civil
partnership would be void under section 12 (Void civil partnerships).
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(3) A person commits an offence if—
(a) the person makes a declaration mentioned in section 8B (Declaration of
civil partnership) with the intention of entering into a civil partnership with
someone else (the person’s partner); and
(b) the declaration is made before a person (the third
person) who is not a civil partnership notary; and
(c) the person knows the third person is not a civil partnership notary;
and
(d) the person has reasonable grounds to believe that their partner
believes that the third person is a civil partnership notary.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
Note The Criminal Code includes offences for—
• giving false or misleading information etc to a person exercising a
function under a territory law (see pt 3.4 (False or misleading statements,
information and documents)); and
• making false statements in statutory declarations (see s 336A);
and
• impersonating territory public officials (see s 360).
omit
insert
Schedule 1 Reviewable
decisions
(see pt 2B)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
8 (1) (b)
|
refuse to register a relationship as a civil partnership
|
parties to the relationship
|
2
|
11A (3)
|
refuse to register a person as a civil partnership notary
|
applicant for registration
|
3
|
11C
|
cancel a person’s registration as a civil partnership
notary
|
person whose registration is cancelled
|
15 Dictionary,
new definitions
insert
civil partnership notary means—
(a) the registrar-general; or
(b) a person who is registered under this Act as a civil partnership
notary.
reviewable decision, for part 2B (Notification and review of
decisions)—see section 11D.
Schedule
1 Consequential
amendments
(see s 3)
Part
1.1 Births, Deaths and Marriages
Registration Act 1997
substitute
32A Registration of civil
partnership
(1) This section applies if—
(a) the registrar-general registers a relationship as a civil partnership
under the Civil Partnerships Act 2008, section 8 (Decision on
application); or
(b) a civil partnership is entered into in the ACT under the Civil
Partnerships Act 2008, section 8B (Declaration of civil
partnership).
(2) The civil partnership must be registered under this Act.
32AA How civil partnerships are
registered
(1) Subsection (2) applies if—
(a) the registrar-general registers a relationship as a civil partnership
under the Civil Partnerships Act 2008, section 8 (Decision on
application); or
(b) a civil partnership is entered into before the registrar-general under
the Civil Partnerships Act 2008, section 8B (Declaration of civil
partnership).
(2) The registrar-general must register the civil partnership by including
in the register the particulars of the civil partnership prescribed by
regulation.
(3) If a civil partnership is entered into before another civil
partnership notary under the Civil Partnerships Act 2008, section 8B, the
notary must give the following to the registrar-general not later than
2 weeks after the day the civil partnership is entered into:
(a) written notice of the civil partnership;
(b) the notice given to the notary under the Civil Partnerships
Act 2008, section 8A (Notice of intention to enter into civil
partnership) for the civil partnership.
Maximum penalty: 5 penalty units.
Note If a form is approved under s 69 for
this provision, the form must be used.
(4) If a notice is given to the registrar-general under subsection (3),
the registrar-general must register the civil partnership by including in the
register the particulars of the civil partnership prescribed by regulation.
(5) An offence against this section is a strict liability
offence.
(6) In this section:
civil partnership notary—see the Civil Partnerships
Act 2008, dictionary.
Part
1.2 Births, Deaths and Marriages
Registration Regulation 1998
omit
section 32A
insert
section 32AA (2) and (4)
substitute
(a) the date and place of the entry into the civil partnership;
[1.4] New
section 8A (1) (c)
insert
(c) if the partnership was entered into under the Civil Partnerships
Act 2008, section 8B—the full name of at least 1 witness to the civil
partnership.
[1.5] New
section 8A (1A)
insert
(1A) For the Act, section 32AA (4), the following particulars are also
prescribed:
(a) the civil partnership notary’s full name;
(b) details of the notary’s registration as a civil partnership
notary under the Civil Partnerships Act 2008, part 2A (Civil partnership
notaries).
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2009.
2 Notification
Notified under the Legislation Act on 2009.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2009
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