Relationships Regulations 2016 (Vic)

Version No. 001

Relationships Regulations 2016

S.R. No. 57/2016

Version as at

1 July 2016

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Laws prescribed to be corresponding laws

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Relationships Regulations 2016

S.R. No. 57/2016

Version as at

1 July 2016

1Objective

The objective of these Regulations is to prescribe laws to be corresponding laws for the purpose of paragraph (a) of the definition of corresponding law in section 33A of the Relationships Act 2008.

2Authorising provision

These Regulations are made under section 71 of the Relationships Act 2008.

3Commencement

These Regulations come into operation on 1 July 2016.

4Laws prescribed to be corresponding laws

For the purpose of paragraph (a) of the definition of corresponding law in section 33A of the Relationships Act 2008, the following are prescribed laws—

(a)Book 1, Civil Code of Québec, Canada;

(b)Book 1, Dutch Civil Code of the Netherlands;

(c)Chapter 572 Marriage, Part 1 and Chapter 572B Civil Unions, Hawaii Revised Statutes of the State of Hawaii, United States of America;

(d)Civil Marriage Act 2005 of Canada;

(e)Civil Partnership Act 2004 of the United Kingdom;

(f)Civil Partnerships Act 2011 of Queensland;

(g)Civil Union Act 2004 of New Zealand;

(h)Civil Union Act 2006 of South Africa;

(i)Civil Unions Act 2012 of the Australian Capital Territory;

(j)Division 3 Marriage, Family Code of the State of California, United States of America;

(k)Domestic Relations Law of the State of New York, United States of America;

(l)Domestic Relationships Act 1994 of the Australian Capital Territory;

(m)Marriage Act 1955 of New Zealand;

(n)Marriage Act 1949 of the United Kingdom;

(o)Marriage and Civil Partnership (Scotland) Act 2014 of Scotland;

(p)Relationships Register Act 2010 of New South Wales;

(q)Section 4 and Part 2 of the Relationships Act 2003 of Tasmania;

(r)Vital Statistics Act, Revised Statutes 1989, c. 494 of Nova Scotia, Canada.

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

The Relationships Regulations 2016, S.R. No. 57/2016 were made on 15 June 2016 by the Administrator of the State of Victoria as the Governor's deputy, with the advice of the Executive Council under section 71 of the Relationships Act 2008, No. 12/2008 and came into operation on 1 July 2016: regulation 3.

The Relationships Regulations 2016 will sunset 10 years after the day of making on 15 June 2026 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Relationships Regulations 2016 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

No entries at date of publication.