EXPLANATORY STATEMENT
Select Legislative Instrument 2010 No. 149
Issued by Authority of the Attorney-General
Acts Interpretation Act 1901
Acts Interpretation (Registered Relationships) Amendment Regulations 2010 (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 one that 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.
The Acts Interpretation (Registered Relationships) Amendment Regulations 2010 (No. 1) (the Regulations) ensure that de facto relationships registered under the Relationships Register Act 2010 (NSW) are recognised as a ‘registered relationship’ 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 New South Wales Government was consulted on the Regulations. No further consultation was considered necessary because the Regulations preserve the existing substantive effect of the Acts Interpretation (Registered Relationships) Regulations 2008.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commence on the commencement of section 4 of the Relationships Register Act 2010 (NSW).
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 2010 (No. 1).
Regulation 2 — Commencement
This regulation provides that the Regulations commence on the commencement of section 4 of the Relationships Register Act 2010 (NSW).
Regulation 3 — Amendment of Acts Interpretation (Registered Relationships) Regulations 2008
This regulation provides that the Acts Interpretation (Registered Relationships) Regulations 2008 are amended as set out in Schedule 1.
Schedule 1 — Amendment
Item [1] – Paragraph 3(c)
Item 1 omits ‘partnership.’ and inserts ‘partnership;’ as a consequence of the insertion of new paragraph 3(d) by Item 2.
Item [2] – After paragraph (3)(c)
Item 2 inserts a new paragraph 3(d) that prescribes the Relationships Register Act 2010 (NSW), and registered relationships (as defined in section 4 of that Act) for the purposes of section 22B of the Acts Interpretation Act 1901.
Overview
The Acts Interpretation (Registered Relationships) Amendment Regulations 2010 (No. 1) were introduced to ensure that relationships registered under the Relationships Register Act 2010 (NSW) are recognised as a'registered relationship' for the purposes of the Acts Interpretation Act 1901. This legislation aims to provide a consistent and conclusive proof of de facto relationships across a wide range of Commonwealth laws that refer to the definition of a de facto partner. The Regulations were made under the authority of the Acts Interpretation Act 1901, which empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act. The primary policy objective of these Regulations is to align the recognition of de facto relationships with the new registration scheme introduced by the Relationships Register Act 2010 (NSW), thereby ensuring that the existing legal framework remains effective and up to date.
Scope and Application
The Acts Interpretation Act 1901 provides interpretive rules for Acts of the Commonwealth Parliament, and the Acts Interpretation (Registered Relationships) Amendment Regulations 2010 (No. 1) amend the Acts Interpretation (Registered Relationships) Regulations 2008 to recognise certain relationship registrations. This legislative framework applies to persons and entities that are subject to Commonwealth laws referencing the Act's definitions of 'de facto partner' and'registered relationship'. The Act itself applies to the Commonwealth jurisdiction, while the Regulations extend to recognise relationships registered under state laws, specifically the Relationships Register Act 2010 (NSW) in this instance. The Regulations operate by amending the existing registration schemes to include the new NSW Act, thereby ensuring that relationships registered under this Act are treated as 'registered relationships' for Commonwealth purposes. The Regulations do not specify any exclusions, exemptions, or thresholds, but rather establish a mechanism by which state and territory relationship registration schemes can be integrated into Commonwealth legislation.
Key Provisions
The Acts Interpretation (Registered Relationships) Amendment Regulations 2010 (No. 1) (Regulations) make several key amendments to the Acts Interpretation (Registered Relationships) Regulations 2008 (previous Regulations). Firstly, Regulation 1 specifies that the title of these Regulations is the Acts Interpretation (Registered Relationships) Amendment Regulations 2010 (No. 1). Regulation 2 sets out that the Regulations commence on the commencement of section 4 of the Relationships Register Act 2010 (NSW). Regulation 3 provides that the previous Regulations are amended as set out in Schedule 1.
The primary obligation imposed by the Regulations is to ensure that the Acts Interpretation Act 1901 (Act) recognises certain de facto relationships registered under the Relationships Register Act 2010 (NSW). The Regulations require the previous Regulations to be amended to include the Relationships Register Act 2010 (NSW) and registered relationships defined in that Act for the purposes of section 22B of the Act. This amendment ensures that de facto relationships registered under the Relationships Register Act 2010 (NSW) are recognised as a ‘registered relationship’ for the purposes of the Act.
The Regulations do not explicitly outline any offences, penalties, or consequences for non-compliance. However, failure to recognise the registered relationships under the Relationships Register Act 2010 (NSW) as ‘registered relationships’ for the purposes of the Act could potentially lead to disputes or legal challenges concerning the interpretation of de facto relationships in various Commonwealth laws. Such challenges could have significant implications for individuals and entities relying on the definitions provided by the Act.
In summary, the Regulations amend the previous Regulations to include the Relationships Register Act 2010 (NSW) and registered relationships defined in that Act for the purposes of the Act. This ensures that these relationships are recognised as ‘registered relationships’ for the purposes of the Act, thereby aligning the interpretation of de facto relationships across different pieces of Commonwealth legislation.