EXPLANATORY STATEMENT
Select Legislative Instrument 2012 No. 207
Issued by the authority of the Attorney-General
Acts Interpretation Act 1901 (Cth)
Acts Interpretation (Registered Relationships) Amendment Regulation 2012 (No. 2)
The Acts Interpretation Act 1901 (Cth) (Acts Interpretation Act) provides rules for the interpretation of Acts of the Commonwealth Parliament.
Section 51 of the Acts Interpretation Act provides that the Governor-General may make regulations, prescribing matters required or permitted by the Acts Interpretation Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to that Act.
Section 2D of the Acts Interpretation Act provides a definition of ‘de facto partner’ which may be referred to by other Commonwealth laws.
Section 2E of the Acts Interpretation 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 law as a prescribed kind of relationship.
The Acts Interpretation (Registered Relationships) Regulations 2008 (Principal Regulations) currently prescribe each of the existing relationship registration schemes, and relationships as a couple which may be registered under each of these schemes. Registration of a prescribed kind of relationship under a prescribed law is sufficient to establish that a person is another person’s de facto partner for the purposes of section 2D of the Acts Interpretation Act.
The Acts Interpretation (Registered Relationships) Amendment Regulation 2012 (No.1) amended the Principal Regulations to prescribe the law that provides the framework for the Queensland relationship registration scheme, and also prescribes the type of relationships as a couple which may be entered into under the Queensland scheme. The regulation prescribes the Civil Partnerships Act 2011 (Qld), and prescribes relationships as a couple between two 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.
However, the Civil Partnerships and Other Legislation Amendment Act 2012 (Qld), which commenced on 27 June 2012, amended the Civil Partnerships Act 2011 (Qld) by changing the short title from the ‘Civil Partnerships Act 2011’ to the ‘Relationships Act 2011’ and the reference to types of relationships that can be entered into from ‘civil partnership’ to ‘registered relationship’.
As such, the Regulation will update the Principal Regulations so that references to the Queensland relationship registration scheme, and relationships as a couple which may be registered under that scheme, are consistent with the current law in that State.
In particular, the Regulation will update paragraph 3(e) of the Principal Regulations by replacing the reference to the ‘Civil Partnerships Act 2011’ with ‘Relationships Act 2011’ and changing the reference to ‘civil partnership’ with ‘registered relationship’.
The Acts Interpretation Act specifies no conditions that need to be satisfied before the power to make the Regulation may be exercised.
The Queensland Government was consulted on the Regulation.
The Regulation commences on the day after it is registered.
The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Details of the Regulation are as follows:
Section 1 – Name of Regulation
Section 1 provides that the title of the Regulation is the Acts Interpretation (Registered Relationships) Amendment Regulation 2012 (No. 2).
Section 2 – Commencement
Section 2 provides that the Regulation commences on the day after it is registered.
Section 3 – Amendment of the Acts Interpretation (Registered Relationships) Regulations 2008
Section 3 provides that the Acts Interpretation (Registered Relationships) Regulations 2008 is amended as set out in Schedule 1.
Schedule 1 – Amendment
Item [1] – Paragraph 3(e)
Item 1 substitutes paragraph 3(e) that prescribes the Relationships Act 2011 (Qld), and relationships as a couple between 2 adults who meet the eligibility criteria mentioned in section 5 of the Relationships Act 2011 (Qld) for entry into a registered relationship for the purposes of section 2E of the Acts Interpretation Act.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Acts Interpretation (Registered Relationships) Amendment Regulation 2012 (No. 2)
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 to ensure that the laws in Queensland providing for the registration of relationships, and certain kinds of relationships registered under those laws continue to be recognised for the purposes of the definition of ‘registered relationship’ in the Acts Interpretation Act.
The Civil Partnerships and Other Legislation Amendment Act 2012 (Qld) changed the short title of the Civil Partnerships Act 2011 (Qld) to the Relationships Act 2011 (Qld) and the reference to the type of relationship that can be entered from ‘civil partnership’ to ‘registered relationship’. The Regulation amends the Acts Interpretation Regulations to reflect these changes.
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.
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