Australian Capital Territory Current Acts

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CIVIL UNIONS ACT 2012 - SECT 26

Offences

    (1)     A civil union celebrant commits an offence if—

        (a)     the celebrant allows a civil union, or purported civil union, to be entered into before the celebrant; and

        (b)     the notice required under section 8 (including the statement and anything else required under that section) for the civil union—

              (i)     has not been given to the celebrant; or

              (ii)     was not given to the celebrant within the period allowed by section 9  (3).

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (2)     A civil union celebrant commits an offence if the celebrant—

        (a)     allows a civil union, or purported civil union, to be entered into before the celebrant; and

        (b)     has reasonable grounds to believe that the civil union would be void under section 21.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (3)     A person commits an offence if the person—

        (a)     is not registered as a civil union celebrant; and

        (b)     knows he or she is not registered as a civil union celebrant; and

        (c)     performs a function of a civil union celebrant under this Act.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (4)     A person commits an offence if—

        (a)     the person makes a declaration mentioned in section 9 with the intention of entering into a civil union with someone else (the person's partner ); and

        (b)     the declaration is made before a person (the celebrant ) who is not a civil union celebrant; and

        (c)     the person knows the celebrant is not a civil union celebrant; and

        (d)     the person has reasonable grounds to believe that the person's partner believes that the celebrant is a civil union celebrant.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Note     The Criminal Code

includes offences for giving false or misleading information etc to a person exercising a function under a territory law (see pt 3.4 (False or misleading statements, information and documents)).



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