Civil Partnerships Amendment Act 2009 (No 2) (ACT)

Case

Civil Partnerships Amendment Act 2009 (No 2)

A2009-57

Contents

Page

  1. Name of Act  2

  2. Commencement  2

  3. Legislation amended  2

  4. How civil partnership is entered into


    Section 6A (b)  2

  5. Notice of intention to enter into civil partnership


    Section 8A (1)  2

  6. Section 8A (1), note 2  3

  7. New section 8A (2A)  3

  8. Declaration of civil partnership


    Section 8B (1)  3

  9. New section 8BA  3

  10. When civil partnership has effect


    Section 8C (2)  4

  11. Offences


    Section 15A (1) (a)  4

  12. Section 15A (2) (a)  4

  13. New section 21  5

  14. Reviewable decisions


    Schedule 1, item 1, column 2  6

Schedule 1Births, Deaths and Marriages Registration Act 1997 7

Civil Partnerships Amendment Act 2009 (No 2)

A2009-57

An Act to amend the Civil Partnerships Act 2008, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Name of Act

    This Act is the Civil Partnerships Amendment Act 2009 (No 2).

  2. Commencement

    This Act commences on the day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the Civil Partnerships Act 2008.

    NoteThis Act also amends the Births, Deaths and Marriages Registration Act 1997 (see sch 1).

  4. How civil partnership is entered into
    Section 6A (b)

    substitute

    (b)unless the couple may marry under the Marriage Act 1961 (Cwlth), making a declaration of civil partnership under section 8B (Declaration of civil partnership) and having their relationship registered under section 8BA (Registration of relationship after declaration of civil partnership).

  5. Notice of intention to enter into civil partnership
    Section 8A (1)

    after

    civil partnership notary

    insert

    and to the registrar-general

  6. Section 8A (1), note 2

    omit

    civil partnership is entered into

    substitute

    declaration of civil partnership is made

  7. New section 8A (2A)

    insert

    (2A)The notice must specify the day on which the 2 people intend to make a declaration of civil partnership under section 8B.

  8. Declaration of civil partnership
    Section 8B (1)

    substitute

    (1)Two people who have given notice to the registrar-general and a civil partnership notary in accordance with section 8A may make a declaration of civil partnership before the civil partnership notary and at least 1 other witness.

  9. New section 8BA

    insert

8BARegistration of relationship after declaration of civil partnership

(1)If the registrar-general is satisfied that 2 people have made a declaration of civil partnership under section 8B, the registrar‑general must register their relationship as a civil partnership by making an endorsement to that effect on the notice that they gave the registrar-general under section 8A.

(2)The endorsement must specify the day on which the registration is taken to have effect, which must be—

(a)the day specified in the notice; or

(b)if the registrar-general is satisfied that the civil partnership declaration was made on another day—the day that the registrar-general considers appropriate in the circumstances.

  1. When civil partnership has effect
    Section 8C (2)

    substitute

    (2)A civil partnership entered into as mentioned in section 6A (b) has effect on the day specified by the registrar-general under section 8BA (2).

  2. Offences
    Section 15A (1) (a)

    substitute

    (a)the notary allows a declaration of civil partnership, or a purported declaration, to be made before the notary; and

  3. Section 15A (2) (a)

    substitute

    (a)the notary allows a declaration of civil partnership, or a purported declaration, to be made before the notary; and

  4. New section 21

    insert

  5. Transitional—application of Civil Partnerships Amendment Act 2009 (No 2)

    (1)The amendments made by the Civil Partnerships Amendment Act 2009 (No 2) apply to declarations made under section 8B after the commencement day.

    (2)If—

    (a)before the commencement day, 2 people gave notice to a civil partnership notary under section 8A as then in force; and

    (b)the 2 people have not made a declaration under section 8B by the commencement day;

    the 2 people may make a declaration of civil partnership under section 8B (as amended by the Civil Partnerships Amendment Act 2009 (No 2)) as if—

    (c)the notice they gave to the civil partnership notary had also been given to the registrar-general; and

    (d)the notice specified, as the day on which the 2 people intended to make a declaration of civil partnership, the day on which they make their declaration of civil partnership.

    (3)A civil partnership entered into, before the commencement day, by 2 people making a declaration under section 8B as then in force continues to have effect as a civil partnership under this Act (as in force after the commencement day) as if—

    (a)the registrar-general had been given the notice that the 2 people gave under section 8A as it was in force; and

    (b)the registrar-general had registered the people’s relationship as a civil partnership by making an endorsement to that effect on the notice, and had specified in the endorsement that the registration is taken to have effect on the day on which the declaration was made; and

    (c)the civil partnership had come into effect, because of the registration of the relationship, on the day specified in the endorsement.

    (4)This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

    (5)This section expires 1 year after the day it commences.

    (6)In this section:

    commencement day means the day the Civil Partnerships Amendment Act 2009 (No 2) commences.

  6. Reviewable decisions
    Schedule 1, item 1, column 2

    after

    8 (1) (b)

    insert

    or 8BA (1)


Schedule 1Births, Deaths and Marriages Registration Act 1997

(see s 3)

[1.1]Section 32A (1) (b)

substitute

(b)the registrar-general registers a relationship as a civil partnership under the Civil Partnerships Act 2008, section 8BA (Registration of relationship after declaration of civil partnership).

[1.2]Section 32AA (1) (b)

substitute

(b)the registrar-general registers a relationship as a civil partnership under the Civil Partnerships Act 2008, section 8BA (Registration of relationship after declaration of civil partnership).

[1.3]Section 32AA (3)

omit

If a civil partnership is entered into

substitute

If 2 people make a declaration of civil partnership

[1.4]Section 32AA (3)

omit

the day the civil partnership is entered into

substitute

the day the declaration is made

[1.5]Section 32AA (3) (a)

substitute

(a)written notice of the making of the declaration;

[1.6]Section 32AA (4)

omit

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 8 December 2009.

  2. Notification

    Notified under the Legislation Act on 17 December 2009.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Civil Partnerships Amendment Bill 2009 (No 2), which was passed by the Legislative Assembly on 10 December 2009.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2009

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