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This is a Bill, not an Act. For current law, see the Acts databases.
CIVIL PARTNERSHIPS BILL 2006
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Civil
Partnerships Bill 2006
Contents
Page
Part 1.1 Domestic
Relationships Act 1994 20
Part 1.2 Legislation
Act 2001 21
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Civil Partnerships
Bill 2006
A Bill for
An Act to provide for civil partnerships, and for other
purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Civil Partnerships Act 2006.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this
Act defines certain terms used in this Act, and includes references
(signpost definitions) to other
terms defined elsewhere in this Act.
For example, the signpost definition
‘prohibited relationship—see
section 9.’ means that the term
‘prohibited
relationship’ is defined in that
section.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
A note included in this Act is explanatory and is not part of this
Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the
legal status of notes.
5 Offences
against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this
Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code,
pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
Part
2 Civil
partnerships
6 Civil
partnerships—general
(1) A civil partnership is a legally recognised relationship that, subject
to this Act, may be entered into by any 2 people, regardless of their
sex.
(2) A civil partnership terminates only as provided by division 2.4.
Note Div 2.4 provides for termination by death, marriage, notice by
parties or court order.
(3) The 2 parties to a civil partnership are taken, for all purposes under
territory law, to be in a domestic partnership.
Division
2.2 Eligibility for entering into
civil partnership
7 Person
not to be under 16
A person may not enter into a civil partnership if the person is younger
than 16 years old.
8 Person
not to be married or in civil partnership
A person may not enter into a civil partnership if the person is married or
in a civil partnership.
9 Parties
not to be in prohibited relationship
A person may not enter into a civil partnership with someone who has any of
the following relationships (a prohibited relationship) with the
person:
(a) lineal ancestor;
(b) lineal descendent;
(c) sister;
(d) half-sister;
(e) brother;
(f) half-brother.
10 Authorisation
and consents required for 16 or 17-year olds
(1) A person who is 16 or 17 years old may enter into a civil partnership
only if—
(a) the Childrens Court, by order, gives an authorisation for the person
to enter into the civil partnership; and
(b) each person with responsibility to make long-term decisions for the
person (for example, a parent or guardian) gives written consent to the person
entering into the civil partnership, or the requirement for the consent is
waived under subsection (4).
Note 1 If a form is approved under s 28
for a consent, the form must be used.
Note 2 An example is part of the Act, is
not exhaustive and may extend, but does not limit, the meaning of the provision
in which it appears (see Legislation Act, s 126 and s
132).
(2) In deciding whether to give an authorisation under
subsection (1) (a) in relation to a person, the Childrens Court must
regard the best interests of the person as the paramount
consideration.
(3) Each consent required under subsection (1) (b)
must—
(a) be witnessed by someone before whom a statutory declaration may be
made; and
(b) state that the witness is satisfied on reasonable grounds about the
identity of the person giving the consent.
(4) If a consent required under subsection (1) (b) is not given, the
Childrens Court may, by order, waive the requirement for the consent.
(5) However, the court may act under subsection (4) only if the court
considers that exceptional circumstances exist to justify the waiver.
(6) The authorisation and consents or waivers required under this section
must be given not earlier than 3 months before the day the notice of
intention to enter into the civil partnership is given.
Division
2.3 Entering into civil
partnership
11 Notice
of intention to enter into civil partnership
(1) Before 2 people enter into a civil partnership, 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 28 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
12 (2)).
(2) The notice must be accompanied by—
(a) a statutory declaration made by each person stating
that—
(i) the person wishes to enter into a civil partnership with the other
person; and
(ii) the person is not married or in a civil partnership; and
(iii) the person believes the person and the other person do not have a
prohibited relationship; and
(b) the evidence required by section 23 of each person’s identity
and age; and
(c) if either or both of them are 16 or 17 years old, a copy
of—
(i) the authorisation (or each authorisation) required under section
10 (1) (a); and
(ii) each consent required under section 10 (1) (b) or, for any
consent not given, the waiver given under section 10 (4);
and
(d) 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 28 for a notice, the form must be
used.
12 How
civil partnership is entered into
(1) Two people who have given notice to a civil partnership notary in
accordance with section 11 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.
Division
2.4 Termination of civil
partnership
13 How
civil partnership is terminated
(1) A civil partnership is terminated on—
(a) the death of either party; or
(b) the marriage of either party.
(2) A civil partnership may also be terminated by—
(a) a party (or both parties) under section 14; or
(b) a court order under section 15.
14 Termination
by parties
(1) If a party (or both parties) to a civil partnership wish to terminate
the civil partnership, the party (or parties) may give the registrar-general a
written notice of intention to terminate the civil partnership (a
termination notice).
Note 1 A fee may be determined under s 27 for this
provision.
Note 2 If a form is approved under s 28 for a notice, the form must
be used.
(2) However, if the termination notice is given by only 1 party, the
notice is effective only if—
(a) a copy of the termination notice has been served personally on the
other party; and
(b) a statutory declaration is given to the registrar-general with the
termination notice that—
(i) is made by the person who served the termination notice; and
(ii) states that the termination notice was served personally by the
person on the other party on the date stated in the statutory
declaration.
Note For provision about service of notices, see s 24.
(3) The termination notice may be withdrawn by written notice (a
withdrawal notice) given to the registrar-general by the party (or
parties) who gave the notice, before the end of 12 months after the day the
termination notice was given to the registrar-general.
Note 1 If a form is approved under s 28 for a notice, the form must
be used.
Note 2 A fee may be determined under s 27 for this
provision.
(4) However, if the withdrawal notice is given by only 1 party, the notice
is effective to withdraw the termination notice only if—
(a) a copy of the withdrawal notice has been served personally on the
other party; and
(b) a statutory declaration is given to the registrar-general with the
withdrawal notice that—
(i) is made by the person who served the withdrawal notice; and
(ii) states that the withdrawal notice was served personally by the person
on the other party on the date stated in the statutory declaration.
Note For provision about service of notices, see s 24.
(5) At the end of 12 months after the day the termination notice is given
to the registrar-general in accordance with this section, the civil partnership
is terminated unless—
(a) the termination notice has been withdrawn under this section;
or
(b) the Supreme Court makes an order that the termination notice is not
effective to terminate the civil partnership; or
(c) the civil partnership has already terminated under
section 13 (1).
(6) On application by a party to the civil partnership, the Supreme Court
may make an order mentioned in subsection (5) (b) if the court considers
that it is not the intention, or is no longer the intention, of the party or
parties who gave the termination notice to terminate the civil
partnership.
(7) If the Supreme Court makes an order mentioned in
subsection (5) (b), the court must give a copy of the order to the
registrar-general.
15 Termination
by court order
(1) On application by a party to a civil partnership, the Supreme Court
may make an order terminating the civil partnership if the court considers
that—
(a) the civil partnership cannot be terminated under section 14;
but
(b) it is not the intention, or is no longer the intention, of both
parties to be in the civil partnership.
(2) If the Supreme Court makes an order under subsection (1), the court
must give a copy of the order to the registrar-general no later than
28 days after the day the order is made.
Part
3 Civil partnership
notaries
16 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 27 for this
provision.
Note 2 If a form is approved under s 28 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 otherwise contravened, this Act;
(d) whether the person is or has been an undischarged bankrupt or has
executed a personal insolvency agreement;
(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.
17 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.
18 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 16 (2).
Application may be made to the administrative appeals tribunal for review
of a decision of the registrar-general—
(a) to refuse to register a person as a civil partnership notary under
section 16; or
(b) to cancel a person’s registration as a civil partnership notary
under section 18.
20 Notice
of reviewable decisions
(1) If the registrar-general makes a decision mentioned in
section 19, the registrar-general must give a written notice of the
decision to each person affected by the decision.
(2) The notice must be in accordance with the requirements of the code of
practice in force under the Administrative Appeals Tribunal
Act 1989, section 25B (1).
21 Void
civil partnerships
A civil partnership is void if—
(a) either party may not enter into the civil partnership under
division 2.2 (Eligibility for entering into civil partnership);
or
(b) either party did not freely enter into the civil partnership
because—
(i) the party’s agreement to enter into the civil partnership was
obtained by duress or fraud; or
(ii) the party was mistaken about the identity of the other party or the
nature of the declaration under section 12; or
(iii) the party was mentally incapable of understanding the nature and
effect of the civil partnership.
22 Noncompliance
with certain requirements
(1) A civil partnership is not invalid only because a requirement of
section 10 or section 11 was not complied with.
(2) A civil partnership is not invalid only because the person to whom the
parties gave notice under section 11, or before whom the parties made the
declaration under section 12, 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.
23 Evidence
of identity and age
(1) For section 11 (2) (b), the evidence of identity and age
required for each person is—
(a) the person’s birth certificate; or
(b) the person’s citizenship certificate; or
(c) the person’s current passport; or
(d) a statutory declaration made by the person stating—
(i) that it is impracticable to obtain a document mentioned in paragraph
(a), (b) or (c); and
(ii) to the best of the person’s knowledge and belief, and as
accurately as the person has been able to find out, when and where the person
was born.
(2) In this section:
birth certificate, for a person, means the person’s
birth certificate, or a certified extract about the person’s birth from
the register, under the Births, Deaths and Marriages Registration Act 1997
or a corresponding law of a State, external territory or foreign
country.
citizenship certificate, for a person, means the
person’s citizenship certificate issued under the Australian
Citizenship Act 1948 (Cwlth), section 46 (Issue and proof of certificates of
Australian citizenship) or a certified copy of the entry in the register about
the person under that Act, section 44 (Evidence of entries in
registers).
24 Personal
service of termination notices and withdrawal notices
(1) This section applies to a termination notice or withdrawal notice
required to be served personally on a party to a civil partnership under section
14 (Termination by parties).
(2) To serve the notice personally on the party, the person serving the
notice must—
(a) give the party a copy of the notice; or
(b) if the party does not accept the copy—put the copy down in the
party’s presence and tell the party in general terms what it is;
or
(c) if the person serving the document is prevented from approaching the
party by violence or threat of violence—put the copy down as near as
practicable to, but in the sight of, the party.
(3) However, a person may apply to the Supreme Court for an order allowing
the notice to be served in another way (the alternative
way).
(4) The Supreme Court may make the order if satisfied
that—
(a) it is impracticable, for any reason, for the notice to be served
personally as mentioned in subsection (2); and
(b) the alternative way is reasonably likely to bring the notice to the
attention of the party.
(5) If the Supreme Court makes the order, the court may, in the order,
provide that the notice is taken to have been served on the happening of a
stated event, at a stated time or at the end of a stated period.
(6) The Supreme Court may make an order under subsection (4) even though
the party is not in the ACT or Australia.
(7) For section 14, if a notice is served on a party in accordance with an
order under subsection (4), the notice is taken to have been served personally
on the party.
25 Civil
partnerships under corresponding laws
(1) A regulation may provide that a relationship under a corresponding law
is a civil partnership for the purpose of territory law.
(2) In this section:
corresponding law means a law of a State, another Territory
or a foreign country prescribed by regulation for this definition (whether or
not the law corresponds, or substantially corresponds, to this Act).
(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 11 (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
12 (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 21.
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 12 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).
• impersonating territory public officials (see s 360); and
(1) The Minister may determine fees for this Act.
Note The Legislation Act contains provisions about the making of
determinations and regulations relating to fees (see pt 6.3).
(2) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(1) The registrar-general may approve forms for this Act.
(2) If the registrar-general approves a form for a particular purpose, the
approved form must be used for that purpose.
Note For other provisions about forms, see the Legislation Act, s
255.
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
29 Regulation-making
power
The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
30 Legislation
amended—sch 1
This Act amends the legislation mentioned in schedule 1.
Schedule
1 Consequential
amendments
(see s 30)
Part
1.1 Domestic Relationships Act
1994
[1.1] Section
3 (1), definition of domestic relationship
omit
2 adults
substitute
2 people who are at least 16 years old
[1.2] Section
3 (1), definition of domestic relationship, note
substitute
Note For the meaning of domestic partnership, see the
Legislation Act, s 169. It includes a civil partnership.
substitute
(1) A court must not make an order under this part in relation to a
domestic relationship (other than a civil partnership) unless satisfied that the
domestic relationship has existed between the applicant and respondent for not
less than 2 years.
omit
If
substitute
However, if
Part
1.2 Legislation Act
2001
after
spouse
insert
or civil partner
[1.6] New
section 169 (3)
insert
(3) In an Act or statutory instrument, a reference to a domestic
partnership includes a reference to a marriage and a civil
partnership.
[1.7] Dictionary,
part 1, new definitions
insert
civil partner—a person who is in a civil
partnership with someone else is the civil partner
of the other person.
civil partnership means a civil partnership under the
Civil Partnerships Act 2006.
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• Executive
• Minister (see s 162)
• registrar-general
• statutory declaration
• under.
civil partnership notary means—
(a) the registrar-general; or
(b) a person who is registered under this Act as a civil partnership
notary.
prohibited relationship—see section 9.
termination notice means a notice given under section
14 (1).
withdrawal notice means a notice given under section
14 (3).
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2006.
2 Notification
Notified under the Legislation Act on 2006.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2006
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