Relationships (Civil Partnerships) and Other Legislation Amendment Regulation (No. 1) 2016

1Short title

This regulation may be cited as the Relationships (Civil Partnerships) and Other Legislation Amendment Regulation (No. 1) 2016 .

2Commencement

This regulation commences on 22 March 2016.

3Regulation amended

This part amends the Births, Deaths and Marriages Registration Regulation 2015.

4Amendment of s 14 (Information and documents for registering events in register—Act, ss 41, 41D and 41E)

Section 14(1)(d), ‘registered relationship’—
omit, insert—

civil partnership

5Amendment of s 15 (Particulars for registration of registered relationship—Act, s 25B)

(1)Section 15, heading, ‘registered relationship’—
omit, insert—

civil partnership

(2)Section 15(a), ‘registered relationship’—
omit, insert—

civil partnership

(3)Section 15—
insert—

(f)for a civil partnership entered into under the Civil Partnerships Act 2011 , section 6(b)—

(i)the date and place the parties made the declaration of civil partnership; and

(ii)the name and registration number of the civil partnership notary before whom the parties made the declaration.

6Amendment of s 18 (Information that may be obtained from register—Act, s 44)

(1)Section 18(3)(e) and (5)(a), ‘registered relationship’—
omit, insert—

civil partnership

(2)Section 18(3)(f)—
omit.

7Amendment of s 19 (Information to be contained in commemorative birth certificate)

Section 19(1), ‘time’—
omit, insert—

date

8Amendment of s 22 (Information to be contained in commemorative registered relationship certificate)

(1)Section 22, heading, ‘registered relationship’—
omit, insert—

civil partnership

(2)Section 22(1), ‘registered relationship’—
omit, insert—

civil partnership

(3)Section 22(1), from ‘, to the extent’ to ‘entry in the register’—
omit.

(4)Section 22(2)—
omit, insert—

(2)For a civil partnership entered into under the Civil Partnerships Act 2011 , section 6(b), the following information is to be contained in a commemorative civil partnership certificate in addition to the information mentioned in subsection (1)—

(a)the date, under the Civil Partnerships Act 2011 , section 13(2), on which the civil partnership had effect;

(b)the place the parties made the declaration of civil partnership;

(c)the name of the civil partnership notary before whom the parties made the declaration.

(3)Subsections (1) and (2) apply to information to the extent the information is recorded in, or able to be worked out from, the entry in the register.

9Amendment of s 24 (Information to be contained in registered relationship extract)

(1)Section 24, heading, ‘registered relationship’—
omit, insert—

civil partnership

(2)Section 24(1), ‘registered relationship’—
omit, insert—

civil partnership

(3)Section 24(1)(d), ‘Relationships’—
omit, insert—

Civil Partnerships

(4)Section 24(2)—
omit, insert—

(2)For a civil partnership entered into under the Civil Partnerships Act 2011 , section 6(b), the following information is to be contained in a civil partnership extract in addition to the information mentioned in subsection (1)—

(a)the date, under the Civil Partnerships Act 2011 , section 13(2), on which the civil partnership had effect;

(b)the place the parties made the declaration of civil partnership;

(c)the name of the civil partnership notary before whom the parties made the declaration.

10Amendment of pt 8, hdg (Transitional provision)

Part 8, heading, ‘provision’—
omit, insert—

provisions

11Insertion of new pt 8, div 1, hdg

Before section 29—
insert—

Division 1 Transitional provision for Births, Deaths and Marriages Regulation 2015 SL No. 81

12Insertion of new pt 8, div 2

After section 29—
insert—

Division 2 Transitional provision for Relationships (Civil Partnerships) and Other Legislation Amendment Regulation (No. 1) 2016

30Civil partnerships under former provisions

(1)A reference in section 15, 22 or 24 or schedule 1 or 2 to the Civil Partnerships Act 2011 , section 6(b) or 13(2) includes a reference to the provision as in force immediately before the commencement of the Civil Partnerships and Other Legislation Amendment Act 2012 .

(2)A reference in schedule 1 or 2 to the Civil Partnerships Act 2011 , section 6(a) includes—

(a)a reference to the provision as in force immediately before the commencement of the Civil Partnerships and Other Legislation Amendment Act 2012 ; and

(b)a reference to the Civil Partnerships Act 2011 , section 6 as in force immediately before the commencement of the Relationships (Civil Partnerships) and Other Acts Amendment Act 2015.

13Amendment of sch 1 (Application information)

(1)Schedule 1, part 1, items 3, 4, 5 and 8 and part 3, items 1, 2 and 5, ‘time’—
omit, insert—

date

(2)Schedule 1, part 1, item 7—
omit, insert—

7	If the child’s parents are in a civil partnership with each other—
	(a)  for a civil partnership entered into under the Civil Partnerships Act 2011 , section 6(a)—the date and place the civil partnership was registered; or
	(b)  for a civil partnership entered into under the Civil Partnerships Act 2011 , section 6(b)—
	(i)  the date, under the Civil Partnerships Act 2011 , section 13(2), on which the civil partnership had effect; and
	(ii)  the place the parents made the declaration of civil partnership; or
	(c)  for a civil partnership taken to be to be registered as a civil partnership under the Civil Partnerships Act 2011 , section 33—the date and place the civil partnership was entered into under the relevant corresponding law.

(3)Schedule 1, part 3, item 3, ‘registered relationship’—
omit, insert—

civil partnership

(4)Schedule 1, part 3, item 3(a), ‘registered partner’—
omit, insert—

civil partner

(5)Schedule 1, part 3, items 3(b) and (c)—
omit, insert—

	(b)  the deceased person’s age at—
	(i)  for a civil partnership entered into under the Civil Partnerships Act 2011 , section 6(a)—the date the civil partnership was registered; or
	(ii)  for a civil partnership entered into under the Civil Partnerships Act 2011 , section 6(b)—the date, under the Civil Partnerships Act 2011 , section 13(2), on which the civil partnership had effect; or
	(iii)  for a relationship taken to be registered as a civil partnership under the Civil Partnerships Act 2011 , section 33—the date the civil partnership was entered into under the relevant corresponding law; and
	(c)  the place—
	(i)  for a civil partnership entered into under the Civil Partnerships Act 2011 , section 6(a)—the civil partnership was registered; or
	(ii)  for a civil partnership entered into under the Civil Partnerships Act 2011 , section 6(b)—the deceased person made the declaration of civil partnership; or
	(iii)  for a relationship taken to be registered as a civil partnership under the Civil Partnerships Act 2011 , section 33—the civil partnership was entered into under the relevant corresponding law.

(6)Schedule 1, part 4, heading, ‘Registered relationships’—
omit, insert—

Civil partnerships

(7)Schedule 1, part 4, item 1(e), ‘registered relationship’—
omit, insert—

civil partnership

14Amendment of sch 2 (Information for certificates)

(1)Schedule 2, part 1, items 3 to 6 and part 4, items 1, 2, and 5, ‘time’—
omit, insert—

date

(2)Schedule 2, part 4, item 1(h), ‘registered relationship’—
omit, insert—

civil partnership

(3)Schedule 2, part 4, item 3, ‘registered relationship’—
omit, insert—

civil partnership

(4)Schedule 2, part 4, item 3(a), ‘registered partner’—
omit, insert—

civil partner

(5)Schedule 2, part 4, items 3(b) and (c)—
omit, insert—

	(b)  the deceased person’s age at—
	(i)  for a civil partnership entered into under the Civil Partnerships Act 2011 , section 6(a)—the date the civil partnership was registered; or
	(ii)  for a civil partnership entered into under the Civil Partnerships Act 2011 , section 6(b)—the date, under the Civil Partnerships Act 2011 , section 13(2), on which the civil partnership had effect; or
	(iii)  for a relationship taken to be registered as a civil partnership under the Civil Partnerships Act 2011 , section 33—the date the civil partnership was entered into under the relevant corresponding law; and
	(c)  the place—
	(i)  for a civil partnership entered into under the Civil Partnerships Act 2011 , section 6(a)—the civil partnership was registered; or
	(ii)  for a civil partnership entered into under the Civil Partnerships Act 2011 , section 6(b)—the deceased person made the declaration of civil partnership; or
	(iii)  for a relationship taken to be registered as a civil partnership under the Civil Partnerships Act 2011 , section 33—the civil partnership was entered into under the relevant corresponding law.

(6)Schedule 2, part 5, heading, ‘Registered relationships’—
omit, insert—

Civil partnerships

(7)Schedule 2, part 5, item 1(e), ‘registered relationship’—
omit, insert—

civil partnership

(8)Schedule 2, part 5—
insert—

8	For a civil partnership entered into under the Civil Partnerships Act 2011 , section 6(b)—
	(a)  the date, under the Civil Partnerships Act 2011 , section 13(2), on which the civil partnership had effect; and
	(b)  the place the parties made the declaration of civil partnership; and
	(c)  the name of the civil partnership notary before whom the parties made the declaration.

15Regulation amended

This part amends the Relationships Regulation 2012 .

16Amendment of s 1 (Short title)

Section 1, ‘Relationships’—
omit, insert—

Civil Partnerships

17Amendment of s 3 (Documents to prove identity etc.—Act, ss 7 and 15)

(1)Section 3, heading, after ‘7’—
insert—

, 10

(2)Section 3(1), ‘the Act, sections 7 and 15’—
omit, insert—

sections 7, 10 and 15 of the Act

(3)Section 3(1)(a), after ‘7(2)(b)’—
insert—

, 10(2)(b)

(4)Section 3(1)(b), after ‘7(2)(c)’—
insert—

, 10(2)(c)

18Amendment of s 4 (Registered relationships under corresponding laws—Act, s 33)

(1)Section 4, heading, ‘Registered relationships’—
omit, insert—

Civil partnerships

(2)Section 4(1), ‘the Act, section 33(2)’—
omit, insert—

section 33(2) of the Act

(3)Section 4(1)(d)—
omit, insert—

(d) Domestic Relationships Act 1994 (ACT).

(4)Section 4(2), ‘the Act, section 33(1)’—
omit, insert—

section 33(1) of the Act

(5)Section 4(2), ‘as a registered relationship’—
omit, insert—

as a civil partnership

(6)Section 4(2)(d), ‘Civil Partnerships Act 2008’—
omit, insert—

Domestic Relationships Act 1994

19Insertion of new pt 3, hdg

After section 4—
insert—

Part 3 Fees and annual returns

20Amendment of s 5 (Fee for application for termination—Act, s 15)

(1)Section 5, heading, ‘application for termination’—
omit, insert—

termination application

(2)Section 5, ‘the Act, section 15(2)(b)’—
omit, insert—

section 15(2)(b) of the Act

21Insertion of new ss 6 and 7

After section 5—
insert—

6Application fee for registration of civil partnership notary—Act, s 20

For section 20(2)(b) of the Act, the application fee prescribed is $140.

7Annual registration fee and annual return for civil partnership notary—Act, s 20A

(1)For section 20A(1)(a) of the Act—

(a)the annual registration fee prescribed is $140; and

(b)the day prescribed for giving the registrar the annual registration fee is the anniversary day of the person’s registration.

(2)For section 20A(1)(b) of the Act, the day prescribed for giving the registrar an annual return is the anniversary day of the person’s registration.

(3)In this section—

anniversary day, of a person’s registration, means the day in each year that is the anniversary of the person’s registration under section 20 of the Act.

22Regulations amended in sch 1

Schedule 1 amends the regulations it mentions.

section 22

1Section 3(7)(a)(iii)(B)—

omit, insert—

(B)if the claimant and the injured person were in a civil partnership—the date the civil partnership had effect and the place of registration; or

2Section 3(7)(b)(ii)(B), ‘registered relationship’—

omit, insert—
civil partnership

1Schedule 1, part 1, ‘Relationships’—

omit, insert—
Civil Partnerships

1Schedule 25, part 1, section 4(2)(a), ‘registered relationship’—

omit, insert—
civil partnership

1Section 124(2), definition relevant date, paragraph (b)—

omit, insert—

(b)the date the civil partnership had effect; or

2Section 124(2), definition relevant place, paragraphs (b) and (c)—

omit, insert—

(b)the place of registration of the civil partnership; or

3Section 124(2), definition relevant place, paragraph (d)—

renumber as paragraph (c).