Australian Capital Territory Repealed Acts

This legislation has been repealed.

CIVIL UNIONS ACT 2006 - SECT 10

    (1)     A person who is 16 or 17 years old may enter into a civil union only if—

        (a)     the Childrens Court, by order, gives an authorisation for the person to enter into the civil union; and

        (b)     each person with responsibility to make long-term decisions for the person (for example, a parent or guardian) gives written consent to the person entering into the civil union, or the requirement for the consent is waived under subsection (5).

Note 1     If a form is approved under s 27 for a consent, the form must be used.

Note 2     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     In deciding whether to give an authorisation under subsection (1) (a) in relation to a person, the Childrens Court must regard the best interests of the person as the paramount consideration.

    (3)     Each consent required under subsection (1) (b) must—

        (a)     be witnessed by someone before whom a statutory declaration may be made; and

        (b)     state that the witness is satisfied on reasonable grounds about the identity of the person giving the consent.

    (4)     If a consent required under subsection (1) (b) is not given, the Childrens Court may, by order, waive the requirement for the consent.

    (5)     However, the court may act under subsection (4) only if the court considers that exceptional circumstances exist to justify the waiver.

    (6)     The authorisation and consents or waivers required under this section must be given not earlier than 3 months before the day the notice of intention to enter into the civil union is given.