2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Civil Partnerships Bill 2006

Contents
	Page

Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Dictionary	2
	4	Notes	3
	5	Offences against Act—application of Criminal Code etc	3
Part 2	Civil partnerships
Division 2.1	General
	6	Civil partnerships—general	4
Division 2.2	Eligibility for entering into civil partnership
	7	Person not to be under 16	4
	8	Person not to be married or in civil partnership	4
	9	Parties not to be in prohibited relationship	4
	10	Authorisation and consents required for 16 or 17-year olds	5
Division 2.3	Entering into civil partnership
	11	Notice of intention to enter into civil partnership	6
	12	How civil partnership is entered into	7
Division 2.4	Termination of civil partnership
	13	How civil partnership is terminated	8
	14	Termination by parties	8
	15	Termination by court order	10
Part 3	Civil partnership notaries
	16	Registration of civil partnership notaries	11
	17	Register of civil partnership notaries	12
	18	Cancellation of registration	13
	19	Review of decisions	13
	20	Notice of reviewable decisions	13
Part 4	Miscellaneous
	21	Void civil partnerships	14
	22	Noncompliance with certain requirements	14
	23	Evidence of identity and age	14
	24	Personal service of termination notices and withdrawal notices	15
	25	Civil partnerships under corresponding laws	16
	26	Offences	17
	27	Determination of fees	18
	28	Approved forms	18
	29	Regulation-making power	19
	30	Legislation amended—sch 1	19
Schedule 1	Consequential amendments	20
Part 1.1	Domestic Relationships Act 1994	20
Part 1.2	Legislation Act 2001	21
Dictionary		22

2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Civil Partnerships Bill 2006

A Bill for
An Act to provide for civil partnerships, and for other purposes

    

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

Part 1	Preliminary
1	Name of Act
This Act is the Civil Partnerships Act 2006.
2	Commencement
This Act commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘prohibited relationship—see section 9.’ means that the term ‘prohibited relationship’ is defined in that section.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).  
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2	Civil partnerships
Division 2.1	General
6	Civil partnerships—general
	(1)	A civil partnership is a legally recognised relationship that, subject to this Act, may be entered into by any 2 people, regardless of their sex.
	(2)	A civil partnership terminates only as provided by division 2.4. 
Note	Div 2.4 provides for termination by death, marriage, notice by parties or court order. 
	(3)	The 2 parties to a civil partnership are taken, for all purposes under territory law, to be in a domestic partnership.
Division 2.2	Eligibility for entering into civil partnership
7	Person not to be under 16
A person may not enter into a civil partnership if the person is younger than 16 years old.
8	Person not to be married or in civil partnership
A person may not enter into a civil partnership if the person is married or in a civil partnership.
9	Parties not to be in prohibited relationship
A person may not enter into a civil partnership with someone who has any of the following relationships (a prohibited relationship) with the person:
	(a)	lineal ancestor;
	(b)	lineal descendent;
	(c)	sister;
	(d)	half-sister;
	(e)	brother;
	(f)	half-brother.
10	Authorisation and consents required for 16 or 17-year olds
	(1)	A person who is 16 or 17 years old may enter into a civil partnership only if—
	(a)	the Childrens Court, by order, gives an authorisation for the person to enter into the civil partnership; 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 partnership, or the requirement for the consent is waived under subsection (4).
Note 1	If a form is approved under s 28 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 partnership is given.
Division 2.3	Entering into civil partnership
11	Notice of intention to enter into civil partnership
	(1)	Before 2 people enter into a civil partnership, they must give notice to a civil partnership notary of their intention to enter into a civil partnership.
Note 1	If a form is approved under s 28 for a notice, the form must be used.
Note 2	The notice must be given not earlier than 18 months and not later than 5 days before the civil partnership is entered into (see s 12 (2)).
	(2)	The notice must be accompanied by—
	(a)	a statutory declaration made by each person stating that—
	(i)	the person wishes to enter into a civil partnership with the other person; and
	(ii)	the person is not married or in a civil partnership; and
	(iii)	the person believes the person and the other person do not have a prohibited relationship; and
	(b)	the evidence required by section 23 of each person’s identity and age; and
	(c)	if either or both of them are 16 or 17 years old, a copy of—
	(i)	the authorisation (or each authorisation) required under section 10 (1) (a); and
	(ii)	each consent required under section 10 (1) (b) or, for any consent not given, the waiver given under section 10 (4); and
	(d)	anything else prescribed by regulation.
	(3)	As soon as practicable after receiving the notice and statutory declarations, the civil partnership notary must give each person a written notice setting out the legal effect of a civil partnership. 
Note	If a form is approved under s 28 for a notice, the form must be used.
12	How civil partnership is entered into
	(1)	Two people who have given notice to a civil partnership notary in accordance with section 11 may enter into a civil partnership by making a declaration before the civil partnership notary and at least 1 other witness.
	(2)	The declaration must be made not earlier than 5 days, and not later than 18 months, after the day the notice was given to the civil partnership notary.
	(3)	The declaration must be made by each person to the other and must contain a clear statement that—
	(a)	names both parties; and
	(b)	acknowledges that they are freely entering into a civil partnership with each other.
Division 2.4	Termination of civil partnership
13	How civil partnership is terminated
	(1)	A civil partnership is terminated on—
	(a)	the death of either party; or
	(b)	the marriage of either party.
	(2)	A civil partnership may also be terminated by—
	(a)	a party (or both parties) under section 14; or
	(b)	a court order under section 15.
14	Termination by parties
	(1)	If a party (or both parties) to a civil partnership wish to terminate the civil partnership, the party (or parties) may give the registrar-general a written notice of intention to terminate the civil partnership (a termination notice).
Note 1	A fee may be determined under s 27 for this provision.
Note 2	If a form is approved under s 28 for a notice, the form must be used.
	(2)	However, if the termination notice is given by only 1 party, the notice is effective only if—
	(a)	a copy of the termination notice has been served personally on the other party; and
	(b)	a statutory declaration is given to the registrar-general with the termination notice that—
	(i)	is made by the person who served the termination notice; and
	(ii)	states that the termination notice was served personally by the person on the other party on the date stated in the statutory declaration.
Note	For provision about service of notices, see s 24.
	(3)	The termination notice may be withdrawn by written notice (a withdrawal notice) given to the registrar-general by the party (or parties) who gave the notice, before the end of 12 months after the day the termination notice was given to the registrar-general.
Note 1	If a form is approved under s 28 for a notice, the form must be used.
Note 2	A fee may be determined under s 27 for this provision.
	(4)	However, if the withdrawal notice is given by only 1 party, the notice is effective to withdraw the termination notice only if—
	(a)	a copy of the withdrawal notice has been served personally on the other party; and
	(b)	a statutory declaration is given to the registrar-general with the withdrawal notice that—
	(i)	is made by the person who served the withdrawal notice; and
	(ii)	states that the withdrawal notice was served personally by the person on the other party on the date stated in the statutory declaration.
Note	For provision about service of notices, see s 24.
	(5)	At the end of 12 months after the day the termination notice is given to the registrar-general in accordance with this section, the civil partnership is terminated unless—
	(a)	the termination notice has been withdrawn under this section; or
	(b)	the Supreme Court makes an order that the termination notice is not effective to terminate the civil partnership; or
	(c)	the civil partnership has already terminated under section 13 (1).
	(6)	On application by a party to the civil partnership, the Supreme Court may make an order mentioned in subsection (5) (b) if the court considers that it is not the intention, or is no longer the intention, of the party or parties who gave the termination notice to terminate the civil partnership.
	(7)	If the Supreme Court makes an order mentioned in subsection (5) (b), the court must give a copy of the order to the registrar-general.
15	Termination by court order
	(1)	On application by a party to a civil partnership, the Supreme Court may make an order terminating the civil partnership if the court considers that—
	(a)	the civil partnership cannot be terminated under section 14; but
	(b)	it is not the intention, or is no longer the intention, of both parties to be in the civil partnership.
	(2)	If the Supreme Court makes an order under subsection (1), the court must give a copy of the order to the registrar-general no later than 28 days after the day the order is made.

Part 3	Civil partnership notaries
    
16	Registration of civil partnership notaries
	(1)	A person may apply, in writing, to the registrar-general to be registered as a civil partnership notary.
Note 1	A fee may be determined under s 27 for this provision.
Note 2	If a form is approved under s 28 for this provision, the form must be used.
	(2)	On application by a person under subsection (1), the registrar‑general may register the applicant if satisfied that the applicant—
	(a)	is an individual aged 18 years or older; and
	(b)	has the knowledge and the skills or experience necessary to exercise the functions of a civil partnership notary under this Act; and
	(c)	is a suitable person to be registered as a civil partnership notary.
	(3)	If the registrar-general is not satisfied under subsection (2), the registrar-general must refuse to register the applicant.
	(4)	In deciding whether a person is a suitable person to be registered as a civil partnership notary, the registrar-general must have regard to the following:
	(a)	whether the person has been convicted, or found guilty, in Australia of an offence punishable by imprisonment for 1 year or longer; 
	(b)	whether the person has been convicted, or found guilty, outside Australia of an offence that, if it had been committed in the ACT, would have been punishable by imprisonment for 1 year or longer;
	(c)	whether the person has been convicted, or found guilty, of an offence against, or otherwise contravened, this Act;
	(d)	whether the person is or has been an undischarged bankrupt or has executed a personal insolvency agreement;
	(e)	whether the person has a physical or mental incapacity that may affect the exercise of the person’s functions as a civil partnership notary.
	(5)	In deciding whether a person is a suitable person to be a civil partnership notary, the registrar-general may have regard to anything else the registrar-general considers relevant.
17	Register of civil partnership notaries
	(1)	The registrar-general must keep a register of people registered as civil partnership notaries under this Act.
	(2)	The register may be kept in any form, including electronically, that the registrar-general decides.
	(3)	The register must include the following information for each person registered as a civil partnership notary:
	(a)	the person’s full name;
	(b)	the person’s address and contact details;
	(c)	the date the person was registered; 
	(d)	if the person’s registration is cancelled or the person otherwise ceases to be registered—the date the registration ceases.
	(4)	The register must be available for public inspection at reasonable times.
18	Cancellation of registration
The registrar-general may cancel a person’s registration as a civil partnership notary if the registrar-general considers that the person does not satisfy, or no longer satisfies, the criteria for registration under section 16 (2).
19	Review of decisions
Application may be made to the administrative appeals tribunal for review of a decision of the registrar-general—
	(a)	to refuse to register a person as a civil partnership notary under section 16; or
	(b)	to cancel a person’s registration as a civil partnership notary under section 18.
20	Notice of reviewable decisions
	(1)	If the registrar-general makes a decision mentioned in section 19, the registrar-general must give a written notice of the decision to each person affected by the decision.
	(2)	The notice must be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).

Part 4	Miscellaneous
    
21	Void civil partnerships
A civil partnership is void if—
	(a)	either party may not enter into the civil partnership under division 2.2 (Eligibility for entering into civil partnership); or
	(b)	either party did not freely enter into the civil partnership because—
	(i)	the party’s agreement to enter into the civil partnership was obtained by duress or fraud; or
	(ii)	the party was mistaken about the identity of the other party or the nature of the declaration under section 12; or
	(iii)	the party was mentally incapable of understanding the nature and effect of the civil partnership.
22	Noncompliance with certain requirements
	(1)	A civil partnership is not invalid only because a requirement of section 10 or section 11 was not complied with.
	(2)	A civil partnership is not invalid only because the person to whom the parties gave notice under section 11, or before whom the parties made the declaration under section 12, was not a civil partnership notary if either party believed, when giving the notice or making the declaration, that the person was a civil partnership notary.
23	Evidence of identity and age
	(1)	For section 11 (2) (b), the evidence of identity and age required for each person is—
	(a)	the person’s birth certificate; or
	(b)	the person’s citizenship certificate; or
	(c)	the person’s current passport; or
	(d)	a statutory declaration made by the person stating—
	(i)	that it is impracticable to obtain a document mentioned in paragraph (a), (b) or (c); and 
	(ii)	to the best of the person’s knowledge and belief, and as accurately as the person has been able to find out, when and where the person was born.
	(2)	In this section:
birth certificate, for a person, means the person’s birth certificate, or a certified extract about the person’s birth from the register, under the Births, Deaths and Marriages Registration Act 1997 or a corresponding law of a State, external territory or foreign country.
citizenship certificate, for a person, means the person’s citizenship certificate issued under the Australian Citizenship Act 1948 (Cwlth), section 46 (Issue and proof of certificates of Australian citizenship) or a certified copy of the entry in the register about the person under that Act, section 44 (Evidence of entries in registers).
24	Personal service of termination notices and withdrawal notices
	(1)	This section applies to a termination notice or withdrawal notice required to be served personally on a party to a civil partnership under section 14 (Termination by parties).
	(2)	To serve the notice personally on the party, the person serving the notice must—
	(a)	give the party a copy of the notice; or
	(b)	if the party does not accept the copy—put the copy down in the party’s presence and tell the party in general terms what it is; or
	(c)	if the person serving the document is prevented from approaching the party by violence or threat of violence—put the copy down as near as practicable to, but in the sight of, the party.
	(3)	However, a person may apply to the Supreme Court for an order allowing the notice to be served in another way (the alternative way).
	(4)	The Supreme Court may make the order if satisfied that—
	(a)	it is impracticable, for any reason, for the notice to be served personally as mentioned in subsection (2); and
	(b)	the alternative way is reasonably likely to bring the notice to the attention of the party.
	(5)	If the Supreme Court makes the order, the court may, in the order, provide that the notice is taken to have been served on the happening of a stated event, at a stated time or at the end of a stated period.
	(6)	The Supreme Court may make an order under subsection (4) even though the party is not in the ACT or Australia.
	(7)	For section 14, if a notice is served on a party in accordance with an order under subsection (4), the notice is taken to have been served personally on the party.
25	Civil partnerships under corresponding laws
	(1)	A regulation may provide that a relationship under a corresponding law is a civil partnership for the purpose of territory law.
	(2)	In this section:
corresponding law means a law of a State, another Territory or a foreign country prescribed by regulation for this definition (whether or not the law corresponds, or substantially corresponds, to this Act).
26	Offences
	(1)	A civil partnership notary commits an offence if—
	(a)	the notary allows a civil partnership, or purported civil partnership, to be entered into before the notary; and
	(b)	the notice required under section 11 (including the statutory declaration and anything else required under that section) for the civil partnership—
	(i)	has not been given to the notary; or
	(ii)	was not given to the notary within the period allowed by section 12 (2).
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	A civil partnership notary commits an offence if—
	(a)	the notary allows a civil partnership, or purported civil partnership, to be entered into before the notary; and
	(b)	the notary has reasonable grounds to believe that the civil partnership would be void under section 21.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(3)	A person commits an offence if—
	(a)	the person makes a declaration mentioned in section 12 with the intention of entering into a civil partnership with someone else (the person’s partner); and
	(b)	the declaration is made before a person (the third person) who is not a civil partnership notary; and
	(c)	the person knows the third person is not a civil partnership notary; and
	(d)	the person has reasonable grounds to believe that their partner believes that the third person is a civil partnership notary.
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); and
·	making false statements in statutory declarations (see s 336A).
·	impersonating territory public officials (see s 360); and
27	Determination of fees
	(1)	The Minister may determine fees for this Act.
Note	The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
28	Approved forms
	(1)	The registrar-general may approve forms for this Act.
	(2)	If the registrar-general approves a form for a particular purpose, the approved form must be used for that purpose.
Note	For other provisions about forms, see the Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
29	Regulation-making power
The Executive may make regulations for this Act.
Note	A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.
30	Legislation amended—sch 1
This Act amends the legislation mentioned in schedule 1.

Schedule 1	Consequential amendments
(see s 30)
Part 1.1	Domestic Relationships Act 1994
[1.1]	Section 3 (1), definition of domestic relationship
omit
2 adults
substitute
2 people who are at least 16 years old
[1.2]	Section 3 (1), definition of domestic relationship, note
substitute
Note	For the meaning of domestic partnership, see the Legislation Act, s 169. It includes a civil partnership.
[1.3]	Section 12 (1)
substitute
	(1)	A court must not make an order under this part in relation to a domestic relationship (other than a civil partnership) unless satisfied that the domestic relationship has existed between the applicant and respondent for not less than 2 years.
[1.4]	Section 12 (2)
omit
If
substitute
However, if
Part 1.2	Legislation Act 2001
[1.5]	Section 169 (1)
after
spouse
insert
or civil partner
[1.6]	New section 169 (3)
insert
	(3)	In an Act or statutory instrument, a reference to a domestic partnership includes a reference to a marriage and a civil partnership.
[1.7]	Dictionary, part 1, new definitions
insert
civil partner—a person who is in a civil partnership with someone else is the civil partner of the other person.
civil partnership means a civil partnership under the Civil Partnerships Act 2006.

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	Executive
·	Minister (see s 162)
·	registrar-general
·	statutory declaration
·	under.
civil partnership notary means—
	(a)	the registrar-general; or
	(b)	a person who is registered under this Act as a civil partnership notary.
prohibited relationship—see section 9.
termination notice means a notice given under section 14 (1).
withdrawal notice means a notice given under section 14 (3).

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2006.
2	Notification
	Notified under the Legislation Act on	2006.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2006