EXPLANATORY STATEMENT
Select Legislative Instrument 2009 No. 319
Issued by Authority of the Attorney-General
Acts Interpretation Act 1901
Acts Interpretation (Registered Relationships) Amendment Regulations 2009 (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 22A of the Act provides a definition of ‘de facto partner’ which may be referred to by other Commonwealth laws.
Section 22B 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 a relationship which 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 22A. 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 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. This includes relationships registered under the Relationships Act 2008 (Vic) (the Victorian Act).
The Victorian Act has been amended by the Relationships Amendment (Caring Relationships) Act 2009 (Vic) to provide for the registration of caring relationships in Victoria. As a result, two types of relationships will be registrable under the Victorian scheme: ‘caring relationships’ and ‘domestic relationships’. The term ‘registered relationship’ in the Victorian Act will apply to both types of relationships.
The Government’s intention is only to recognise the registration of de facto relationships, and not caring relationships.
The Acts Interpretation (Registered Relationships) Amendment Regulations 2009 (the Regulations) ensure that only domestic relationships, not caring relationships, registered under the Victorian Act are recognised for the purposes of section 22B of the Act.
The Act specifies no conditions that need to be satisfied before the power to make the Regulations may be exercised.
The Victorian Government was consulted on the Regulations and no further consultation was considered necessary because the Regulations preserve the existing substantive effect of the Acts Interpretation (Registered Relationships) Regulations.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commence on 1 December 2009.
Details of the Regulations are as follows:
Regulation 1 — Name of Regulations
This regulation provides that the title of the Regulations is the Acts Interpretation (Registered Relationships) Amendment Regulations 2009 (No. 1).
Regulation 2 — Commencement
This regulation provides that the Regulations commence on 1 December 2009.
Regulation 3 — Amendment of Acts Interpretation (Registered Relationships) Regulations 2008
This regulation provides that the Acts Interpretation (Registered Relationships) Regulations are amended as set out in Schedule 1.
Schedule 1 — Amendment
Schedule 1 repeals the existing paragraph 3(a) of the Acts Interpretation (Registered Relationships) Regulations and substitutes a new paragraph that provides that a domestic relationship registered under the Victorian Relationships Act is prescribed for the purposes of section 22B of the Acts Interpretation Act.
Overview
The Acts Interpretation (Registered Relationships) Amendment Regulations 2009 (No. 1) were enacted to address a specific issue arising from the amendment of the Relationships Amendment (Caring Relationships) Act 2009 (Vic). This Act expanded the scope of relationships that could be registered under the Victorian Relationships Act 2008 to include both domestic and caring relationships. The primary purpose of the Regulations was to ensure that only domestic relationships, and not caring relationships, would be recognised for the purposes of defining 'de facto partner' under section 22B of the Acts Interpretation Act 1901. The Regulations were issued under the authority of the Attorney-General and are a legislative instrument under the Legislative Instruments Act 2003. They commenced on 1 December 2009 and involved amending the Acts Interpretation (Registered Relationships) Regulations 2008 to clarify the scope of relationships that are recognised for Commonwealth purposes. The policy objective was to maintain consistency in the interpretation of 'de facto partner' across Commonwealth laws by ensuring that relationship registration schemes align with the intended scope of domestic partnerships.
Scope and Application
The Acts Interpretation (Registered Relationships) Amendment Regulations 2009 (No. 1) pertain to the interpretation of Commonwealth Acts and apply to individuals who are recognised as de facto partners under the Acts Interpretation Act 1901. These regulations specifically address the definition of 'registered relationship' and 'de facto partner', ensuring that only domestic relationships registered under the Victorian Relationships Act 2008 are recognised for the purposes of these definitions. The Regulations have a national reach as they amend the Acts Interpretation (Registered Relationships) Regulations 2008, which already include all existing state and territory relationship registration schemes. The amendment excludes caring relationships from the definition of registered relationships under the Victorian scheme, ensuring that only domestic relationships are considered. The Regulations were issued under the authority of the Attorney-General and commenced on 1 December 2009, with no exclusions or thresholds specified in the Act itself, though the Regulations provide specific amendments to the 2008 Regulations.
Key Provisions
The Acts Interpretation (Registered Relationships) Amendment Regulations 2009 (No. 1) provide amendments to the Acts Interpretation (Registered Relationships) Regulations 2008. The primary focus of these Regulations is to clarify and limit the types of relationships that are recognised under the Acts Interpretation Act 1901. Specifically, Section 22B of the Act, which defines ‘registered relationship’ for the purposes of ‘de facto partner’, is amended to recognise only domestic relationships registered under the Victorian Relationships Act 2008, excluding caring relationships.
The Regulations impose obligations on those interpreting the Acts Interpretation Act, particularly in relation to the definition of ‘de facto partner’. The amendment ensures that only domestic relationships, as opposed to caring relationships, are recognised under the Act. This is crucial for determining the applicability of the definition of de facto partner across various Commonwealth laws that reference it. The Regulations thus mandate that the term ‘registered relationship’ must be understood to apply exclusively to domestic relationships under the Victorian Relationships Act, thereby aligning with the Government’s intention to recognise only de facto relationships.
The Regulations also establish consequences for misinterpretation or non-compliance. Although the Act does not specify conditions for exercising the power to make the Regulations, non-compliance with the amended definitions could potentially lead to legal disputes or misinterpretations in various Commonwealth laws. The Regulations, by clearly delineating which relationships are recognised, aim to provide certainty and avoid such issues.
In terms of enforcement and penalties, the Act itself does not prescribe specific penalties for breaches of the Regulations. However, any misinterpretation or misapplication of the definitions in the Acts Interpretation Act, due to non-compliance with the Regulations, could lead to legal challenges. The consequences would depend on the specific context and the laws affected, but could potentially involve significant legal ramifications for parties involved in such disputes.