Australian Capital Territory Current Acts

CIVIL UNIONS ACT 2012 - SECT 12

    (1)     If a party to a civil union wishes, or both parties to a civil union wish, to end the civil union, the party (or parties) may give the registrar-general a written notice of intention to end the civil union (a termination notice ).

Note 1     If a form is approved under s 29 for a notice, the form must be used.

Note 2     A fee may be determined under s 28 for this provision.

    (2)     However, if a termination notice is given by only 1 party, the notice is effective only if—

        (a)     a copy of the notice has been served personally on the other party; and

        (b)     a statement declaration is given to the registrar-general with the notice that—

              (i)     is made by the person who served the notice; and

              (ii)     verifies the notice was served personally by the person on the other party on the date mentioned in the statement.

Note 1     For provision about service of notices, see s 24 and s 25.

Note 2     It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code

, pt 3.4).

    (3)     A termination notice may, within 12 months after the day it was given to the registrar-general, be withdrawn by written notice (a  withdrawal notice ) given to the registrar by the party (or parties) who gave the termination notice.

Note 1     If a form is approved under s 29 for a notice, the form must be used.

Note 2     A fee may be determined under s 28 for this provision.

    (4)     However, if a withdrawal notice is given by only 1 party, the notice is effective only if—

        (a)     a copy of the notice has been served personally on the other party; and

        (b)     a statement is given to the registrar-general with the notice that—

              (i)     is made by the person who served the notice; and

              (ii)     verifies the notice was served personally by the person on the other party on the date mentioned in the statement.

Note 1     For provision about service of notices, see s 24 and s 25.

Note 2     It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code

, pt 3.4).

    (5)     A civil union ends 12 months after the day the termination notice is given to the registrar-general in accordance with this section, unless—

        (a)     the notice has been withdrawn under this section; or

        (b)     the Supreme Court makes an order under section 13 (2); or

        (c)     the operation of the notice is stayed under section 13 (3); or

        (d)     the civil union has already ended under section 11 (1).