Commonwealth Numbered Regulations - Explanatory Statements
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ACTS INTERPRETATION (REGISTERED RELATIONSHIP) AMENDMENT REGULATION 2012 (NO. 1) (SLI NO 6 OF 2012)
EXPLANATORY STATEMENT
Select Legislative Instrument 2012 No. 6
Issued by Authority of the Attorney-General
Acts Interpretation Act 1901
Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1)
The Acts Interpretation Act 1901 (the Act) provides rules for the interpretation of Acts of the Commonwealth Parliament.
Section 51 of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Section 2D of the Act provides a definition of 'de facto partner' which may be referred to by other Commonwealth laws.
Section 2E of the Act provides a definition of 'registered relationship' for the purposes of the definition of 'de facto partner'. It provides that a registered relationship is one that is registered under a prescribed State or Territory law as a prescribed kind of relationship.
Registration of a prescribed kind of relationship under a prescribed State or Territory law is sufficient to establish that a person is another person's de facto partner for the purposes of section 2D. Relationship registration will therefore provide conclusive proof that a person is another person's de facto partner throughout a wide range of Commonwealth laws that use the definition of de facto partner in the Act.
The Acts Interpretation (Registered Relationships) Regulations 2008 (the Principal Regulations) currently prescribe each of the existing State and Territory relationship registration schemes, and relationships as a couple which may be registered under each of these schemes.
The purpose of the amendments to the Principal Regulations is to ensure that de facto relationships registered under the Civil Partnerships Act 2011 (QLD) are recognised as a 'registered relationship' for the purposes of section 2E of the Act.
The Act specifies no conditions that need to be satisfied before the power to make the Regulations may be exercised.
The Queensland Government was consulted on the Regulations. No further consultation was considered necessary because the Regulations preserve the existing substantive effect of the Principal Regulations.
The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulation commences on the commencement of the Civil Partnerships Act 2011 (QLD).
Details of the Regulation is as follows:
Section 1 -- Name of regulation
Section 1 provides that the title of the Regulation is the Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1).
Section 2 -- Commencement
Section 2 provides that the Regulation commences on the commencement of the Civil Partnerships Act 2011 (QLD)
Section 3 -- Amendment of Acts Interpretation (Registered Relationships) Regulations 2008
Section 3 provides that the Acts Interpretation (Registered Relationships) Regulations 2008 are amended as set out in Schedule 1.
Schedule 1 -- Amendment
Item [1] - Paragraph 3(d)
Item 1 omits 'Act.' and inserts 'Act;' as a consequence of the insertion of new paragraph 3(e) by Item 2.
Item [2] - After paragraph (3)(d)
Item 2 inserts a new paragraph 3(e) that prescribes the Civil Partnerships Act 2011 (QLD), and relationships as a couple between 2 adults who meet the eligibility criteria mentioned in section 5 of the Civil Partnerships Act 2011 (QLD) for entry into a civil partnership for the purposes of section 2E of the Acts Interpretation Act 1901.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Acts Interpretation (Registered Relationship) Amendment Regulation 2012 (No. 1)
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Regulation amends regulation 3 of the Acts Interpretation (Registered Relationships) Regulations 2008 (the Principal Regulations) to recognise the new Relationships Register in Queensland following the commencement of the Civil Partnerships Act 2011 (QLD). This will ensure that registration of de facto couples under the Queensland relationship registration scheme is recognised as conclusive evidence that a person is another person's 'de facto partner' in a wide range of Commonwealth laws.
In particular, the Regulation prescribes the laws in Queensland providing for the registration of relationships, and certain kinds of relationships registered under those laws, for the purpose of the definition of 'registered relationship' in the Acts Interpretation Act 1901 (the Act).
Human Rights Implications
The Regulation engages the following human rights:
Equality and non-discrimination
Recognising relationships registered under a prescribed scheme of relationship recognition engages article 26 of the International Covenant on Civil and Political Rights. Article 26 guarantees the right to equal protection of the law without discrimination.
The Act includes a definition of 'de facto partner' that is gender neutral and applies to both same-sex and opposite-sex couples. The Act also provides that a person is a 'de facto partner' of another if they are in a 'registered relationship'.
The Regulation protects the right to non-discrimination by ensuring that same-sex couples are recognised and have the same entitlements as opposite-sex de facto couples for the purposes those Commonwealth laws which refer to the definition of 'de facto partner' in the Act.
Conclusion
The Regulation is compatible with human rights because it advances the protection of human rights.
The Hon Nicola Roxon MP
Attorney-General
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