Acts Interpretation (Registered Relationships) Regulations 2008

Administered by Attorney-General's Department

Legislation au F2008L04610 Regulations Not in force Legislative Instrument

Legislation content

Acts Interpretation (Registered Relationships) Regulations 2008

Select Legislative Instrument No. 250, 2008

made under the

Acts Interpretation Act 1901

Compilation No. 8

Compilation date:   1 August 2017

Includes amendments up to: F2017L00976

Registered:    10 August 2017

 

About this compilation

This compilation

This is a compilation of the Acts Interpretation (Registered Relationships) Regulations 2008 that shows the text of the law as amended and in force on 1 August 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name of Regulations

3 Registered relationships

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1  Name of Regulations

  These Regulations are the Acts Interpretation (Registered Relationships) Regulations 2008.

3  Registered relationships

  For section 2E of the Acts Interpretation Act 1901, the following laws and kinds of relationship are prescribed:

 (a) Relationships Act 2008 (Vic)—a registered domestic relationship as defined in section 3 of that Act;

 (b) Relationships Act 2003 (Tas)—a significant relationship as defined in section 4 of that Act;

 (c) Civil Unions Act 2012 (ACT)—a civil union as described in subsection 6(1) of that Act;

 (ca) Domestic Relationships Act 1994 (ACT)—a relationship as a couple between 2 adult persons who meet the eligibility criteria for entering into a civil partnership mentioned in section 37C of that Act;

 (d) Relationships Register Act 2010 (NSW)—a registered relationship as defined in section 4 of that Act;

 (e) Relationships Act 2011 (Qld)—a relationship as a couple between 2 adults who meet the eligibility criteria mentioned in section 5 of that Act for entry into a registered relationship;

 (f) Relationships Register Act 2016 (SA)—a relationship as a couple between 2 adults who meet the eligibility criteria mentioned in section 5 of that Act for entry into a registered relationship.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Number and year

FRLI registration

Commencement

Application, saving and transitional provisions

250, 2008

15 Dec 2008 (F2008L04610)

16 Dec 2008 (r 2)

 

319, 2009

26 Nov 2009 (F2009L04295)

1 Dec 2009 (r 2)

149, 2010

30 June 2010 (F2010L01840)

1 July 2010 (r 2)

227, 2011

16 Dec 2011 (F2011L02708)

Sch 1 (item 1): 27 Dec 2011 (r 2)

6, 2012

23 Feb 2012 (F2012L00392)

8 Mar 2012 (s 2)

as amended by

 

 

 

18, 2012

8 Mar 2012 (F2012L00545)

Sch 1 (item 1): 8 Mar 2012 (s 2)

207, 2012

31 Aug 2012 (F2012L01814)

1 Sept 2012 (s 2)

113, 2015

10 July 2015 (F2015L01130)

Sch 1 (item 1): 11 July 2015 (s 2(1) item 1)

 

Name

Registration

Commencement

Application, saving and transitional provisions

Family Law Amendment (Registered Relationships) Regulations 2017

31 July 2017 (F2017L00976)

Sch 1 (item 1): 1 Aug 2017 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

r 2.....................

rep LA s 48D

r 3.....................

am No 319, 2009; No 149, 2010; No 227, 2011; No 6, 2012; No 207, 2012; No 113, 2015; F2017L00976

 

Overview

The Acts Interpretation (Registered Relationships) Regulations 2008 were enacted to address the need for a consistent interpretation of certain terms across different Australian jurisdictions by prescribing specific laws and types of relationships for the purposes of section 2E of the Acts Interpretation Act 1901. These regulations were made by the Parliament of Australia under the authority of the Acts Interpretation Act 1901. The policy objective of these regulations is to ensure uniformity in the interpretation of acts by providing a clear and consistent definition of "registered relationship" across various state and territory laws. This legislative instrument identifies and prescribes the relevant laws and types of relationships recognised as registered relationships in Victoria, Tasmania, the Australian Capital Territory, New South Wales, Queensland, and South Australia, thereby facilitating a standardised interpretation of acts across these jurisdictions.

Scope and Application

The Acts Interpretation (Registered Relationships) Regulations 2008, as amended, apply to various state and territory laws that define certain types of registered relationships, making these relationships recognisable for the purposes of interpreting Commonwealth legislation. The Regulations prescribe the specific laws and types of relationships from various Australian jurisdictions, including the Relationships Act 2008 of Victoria, the Relationships Act 2003 of Tasmania, the Civil Unions Act 2012 of the Australian Capital Territory, the Domestic Relationships Act 1994 of the Australian Capital Territory, the Relationships Register Act 2010 of New South Wales, the Relationships Act 2011 of Queensland, and the Relationships Register Act 2016 of South Australia. These Regulations are designed to ensure that when Commonwealth legislation refers to a "registered relationship," it encompasses the types of relationships recognised by these specified state and territory laws. The scope of the Regulations is nationwide, affecting all jurisdictions that have registered relationship laws as defined by the Regulations. The Regulations themselves do not provide for exclusions, exemptions, or thresholds; however, the applicability of the registered relationships to Commonwealth legislation would depend on the specific legislative context in which they are invoked. The Regulations may be further extended or modified through subordinate instruments, as evidenced by their amendment history.

Key Provisions

The Acts Interpretation (Registered Relationships) Regulations 2008 (the Regulations) set out the laws and kinds of relationships that are prescribed for section 2E of the Acts Interpretation Act 1901 (the Act). Section 2E is a provision that allows for the interpretation of certain terms in federal laws in relation to registered relationships. The kinds of relationships prescribed under these Regulations include registered domestic relationships from the Relationships Act 2008 (Vic), significant relationships from the Relationships Act 2003 (Tas), civil unions from the Civil Unions Act 2012 (ACT), relationships between two adults in a civil partnership from the Domestic Relationships Act 1994 (ACT), registered relationships from the Relationships Register Act 2010 (NSW), and relationships between two adults who meet eligibility criteria for a registered relationship from the Relationships Act 2011 (Qld) and the Relationships Register Act 2016 (SA). These relationships are recognised for the purposes of interpreting federal laws. The Regulations impose certain obligations on the entities they govern, primarily by defining which state and territory laws and relationships are recognised for federal legislative interpretation. This means that when federal laws refer to terms such as 'domestic partnership' or 'registered relationship', they can be interpreted in accordance with the definitions and requirements set out in the prescribed state and territory laws. This ensures consistency and clarity in the application of federal laws across different jurisdictions. Breaching the provisions of the Act or the Regulations could potentially lead to misinterpretation of federal laws, which could have various legal consequences depending on the context. However, the Regulations themselves do not explicitly outline specific offences, penalties, or consequences for breach. Instead, any legal issues arising from misinterpretation of federal laws due to non-compliance with the Regulations would be addressed under the relevant federal or state/territory laws. It is important for legal practitioners to ensure that they correctly interpret and apply the definitions and requirements set out in the prescribed state and territory laws to avoid any potential legal complications.

Legal classification tags

Area of Law
Statutory Interpretation
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Delegated & Subordinate Legislation

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.