2009

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

2009

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

An Act to amend the Civil Partnerships Act 2008, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Civil Partnerships Amendment Act 2009 (No 2).

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends the Civil Partnerships Act 2008.

Note This Act also amends the Births, Deaths and Marriages Registration Act 1997 (see sch 1).

(b) unless the couple may marry under the Marriage Act 1961 (Cwlth), making a declaration of civil partnership under section 8B (Declaration of civil partnership) and having their relationship registered under section 8BA (Registration of relationship after declaration of civil partnership).

civil partnership notary

and to the registrar-general

civil partnership is entered into

declaration of civil partnership is made

(2A) The notice must specify the day on which the 2 people intend to make a declaration of civil partnership under section 8B.

(1) Two people who have given notice to the registrar-general and a civil partnership notary in accordance with section 8A may make a declaration of civil partnership before the civil partnership notary and at least 1 other witness.

(1) If the registrar-general is satisfied that 2 people have made a declaration of civil partnership under section 8B, the registrar-general must register their relationship as a civil partnership by making an endorsement to that effect on the notice that they gave the registrar-general under section 8A.

(2) The endorsement must specify the day on which the registration is taken to have effect, which must be—

(a) the day specified in the notice; or

(b) if the registrar-general is satisfied that the civil partnership declaration was made on another day—the day that the registrar-general considers appropriate in the circumstances.

(2) A civil partnership entered into as mentioned in section 6A (b) has effect on the day specified by the registrar-general under section 8BA (2).

(a) the notary allows a declaration of civil partnership, or a purported declaration, to be made before the notary; and

(a) the notary allows a declaration of civil partnership, or a purported declaration, to be made before the notary; and

(1) The amendments made by the Civil Partnerships Amendment Act 2009 (No 2) apply to declarations made under section 8B after the commencement day.

(2) If—

(a) before the commencement day, 2 people gave notice to a civil partnership notary under section 8A as then in force; and

(b) the 2 people have not made a declaration under section 8B by the commencement day;

the 2 people may make a declaration of civil partnership under section 8B (as amended by the Civil Partnerships Amendment Act 2009 (No 2)) as if—

(c) the notice they gave to the civil partnership notary had also been given to the registrar-general; and

(d) the notice specified, as the day on which the 2 people intended to make a declaration of civil partnership, the day on which they make their declaration of civil partnership.

(3) A civil partnership entered into, before the commencement day, by 2 people making a declaration under section 8B as then in force continues to have effect as a civil partnership under this Act (as in force after the commencement day) as if—

(a) the registrar-general had been given the notice that the 2 people gave under section 8A as it was in force; and

(b) the registrar-general had registered the people’s relationship as a civil partnership by making an endorsement to that effect on the notice, and had specified in the endorsement that the registration is taken to have effect on the day on which the declaration was made; and

(c) the civil partnership had come into effect, because of the registration of the relationship, on the day specified in the endorsement.

(4) This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(5) This section expires 1 year after the day it commences.

(6) In this section:

commencement day means the day the Civil Partnerships Amendment Act 2009 (No 2) commences.

8 (1) (b)

or 8BA (1)

(b) the registrar-general registers a relationship as a civil partnership under the Civil Partnerships Act 2008, section 8BA (Registration of relationship after declaration of civil partnership).

(b) the registrar-general registers a relationship as a civil partnership under the Civil Partnerships Act 2008, section 8BA (Registration of relationship after declaration of civil partnership).

If a civil partnership is entered into

If 2 people make a declaration of civil partnership

the day the civil partnership is entered into

the day the declaration is made

(a) written notice of the making of the declaration;

Presentation speech made in the Legislative Assembly on 2009.

Notified under the Legislation Act on 2009.

For the latest republication of amended laws, see www.legislation.act.gov.au.