Acts Interpretation (Registered Relationships) Regulations 2008
Select Legislative Instrument No. 250, 2008
made under the
Acts Interpretation Act 1901
Compilation No. 8
Compilation date: 1 August 2017
Includes amendments up to: F2017L00976
Registered: 10 August 2017
About this compilation
This compilation
This is a compilation of the Acts Interpretation (Registered Relationships) Regulations 2008 that shows the text of the law as amended and in force on 1 August 2017 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name of Regulations
3 Registered relationships
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
1 Name of Regulations
These Regulations are the Acts Interpretation (Registered Relationships) Regulations 2008.
3 Registered relationships
For section 2E of the Acts Interpretation Act 1901, the following laws and kinds of relationship are prescribed:
(a) Relationships Act 2008 (Vic)—a registered domestic relationship as defined in section 3 of that Act;
(b) Relationships Act 2003 (Tas)—a significant relationship as defined in section 4 of that Act;
(c) Civil Unions Act 2012 (ACT)—a civil union as described in subsection 6(1) of that Act;
(ca) Domestic Relationships Act 1994 (ACT)—a relationship as a couple between 2 adult persons who meet the eligibility criteria for entering into a civil partnership mentioned in section 37C of that Act;
(d) Relationships Register Act 2010 (NSW)—a registered relationship as defined in section 4 of that Act;
(e) Relationships Act 2011 (Qld)—a relationship as a couple between 2 adults who meet the eligibility criteria mentioned in section 5 of that Act for entry into a registered relationship;
(f) Relationships Register…
Overview
The Acts Interpretation (Registered Relationships) Regulations 2008 were enacted to address the need for a consistent interpretation of certain terms across different Australian jurisdictions by prescribing specific laws and types of relationships for the purposes of section 2E of the Acts Interpretation Act 1901. These regulations were made by the Parliament of Australia under the authority of the Acts Interpretation Act 1901. The policy objective of these regulations is to ensure uniformity in the interpretation of acts by providing a clear and consistent definition of "registered relationship" across various state and territory laws. This legislative instrument identifies and prescribes the relevant laws and types of relationships recognised as registered relationships in Victoria, Tasmania, the Australian Capital Territory, New South Wales, Queensland, and South Australia, thereby facilitating a standardised interpretation of acts across these jurisdictions.
Scope and Application
The Acts Interpretation (Registered Relationships) Regulations 2008, as amended, apply to various state and territory laws that define certain types of registered relationships, making these relationships recognisable for the purposes of interpreting Commonwealth legislation. The Regulations prescribe the specific laws and types of relationships from various Australian jurisdictions, including the Relationships Act 2008 of Victoria, the Relationships Act 2003 of Tasmania, the Civil Unions Act 2012 of the Australian Capital Territory, the Domestic Relationships Act 1994 of the Australian Capital Territory, the Relationships Register Act 2010 of New South Wales, the Relationships Act 2011 of Queensland, and the Relationships Register Act 2016 of South Australia. These Regulations are designed to ensure that when Commonwealth legislation refers to a "registered relationship," it encompasses the types of relationships recognised by these specified state and territory laws. The scope of the Regulations is nationwide, affecting all jurisdictions that have registered relationship laws as defined by the Regulations. The Regulations themselves do not provide for exclusions, exemptions, or thresholds; however, the applicability of the registered relationships to Commonwealth legislation would depend on the specific legislative context in which they are invoked. The Regulations may be further extended or modified through subordinate instruments, as evidenced by their amendment history.
Key Provisions
- The Acts Interpretation (Registered Relationships) Regulations 2008 (the Regulations) set out the laws and kinds of relationships that are prescribed for section 2E of the Acts Interpretation Act 1901 (the Act). Section 2E is a provision that allows for the interpretation of certain terms in federal laws in relation to registered relationships. The kinds of relationships prescribed under these Regulations include registered domestic relationships from the Relationships Act 2008 (Vic), significant relationships from the Relationships Act 2003 (Tas), civil unions from the Civil Unions Act 2012 (ACT), relationships between two adults in a civil partnership from the Domestic Relationships Act 1994 (ACT), registered relationships from the Relationships Register Act 2010 (NSW), and relationships between two adults who meet eligibility criteria for a registered relationship from the Relationships Act 2011 (Qld) and the Relationships Register Act 2016 (SA). These relationships are recognised for the purposes of interpreting federal laws.
- The Regulations impose certain obligations on the entities they govern, primarily by defining which state and territory laws and relationships are recognised for federal legislative interpretation. This means that when federal laws refer to terms such as 'domestic partnership' or 'registered relationship', they can be interpreted in accordance with the definitions and requirements set out in the prescribed state and territory laws. This ensures consistency and clarity in the application of federal laws across different jurisdictions.
- Breaching the provisions of the Act or the Regulations could potentially lead to misinterpretation of federal laws, which could have various legal consequences depending on the context. However, the Regulations themselves do not explicitly outline specific offences, penalties, or consequences for breach. Instead, any legal issues arising from misinterpretation of federal laws due to non-compliance with the Regulations would be addressed under the relevant federal or state/territory laws. It is important for legal practitioners to ensure that they correctly interpret and apply the definitions and requirements set out in the prescribed state and territory laws to avoid any potential legal complications.
- Area of Law
- Statutory Interpretation
- Instrument
- Legislative Instrument
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Transitional Provisions
- Delegated & Subordinate Legislation
