2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Civil Partnerships Amendment Bill 2009 (No 2)

Contents
	Page

	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	How civil partnership is entered into
Section 6A (b)	2
	5	Notice of intention to enter into civil partnership
Section 8A (1)	2
	6	Section 8A (1), note 2	3
	7	New section 8A (2A)	3
	8	Declaration of civil partnership
Section 8B (1)	3
	9	New section 8BA	3
	10	When civil partnership has effect
Section 8C (2)	4
	11	Offences
Section 15A (1) (a)	4
	12	Section 15A (2) (a)	4
	13	New section 21	5
	14	Reviewable decisions
Schedule 1, item 1, column 2	6
Schedule 1	Births, Deaths and Marriages Registration Act 1997	7

2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Civil Partnerships Amendment Bill 2009 (No 2)

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

    

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

1	Name of Act
This Act is the Civil Partnerships Amendment Act 2009 (No 2).
2	Commencement
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)).
3	Legislation amended
This Act amends the Civil Partnerships Act 2008.
Note	This Act also amends the Births, Deaths and Marriages Registration Act 1997 (see sch 1).
4	How civil partnership is entered into
Section 6A (b)
substitute
	(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).
5	Notice of intention to enter into civil partnership
Section 8A (1)
after
civil partnership notary
insert
and to the registrar-general
6	Section 8A (1), note 2
omit
civil partnership is entered into
substitute
declaration of civil partnership is made
7	New section 8A (2A)
insert
	(2A)	The notice must specify the day on which the 2 people intend to make a declaration of civil partnership under section 8B.
8	Declaration of civil partnership
Section 8B (1)
substitute
	(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.
9	New section 8BA
insert
8BA	Registration of relationship after declaration of civil partnership
	(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.
10	When civil partnership has effect
Section 8C (2)
substitute
	(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).
11	Offences
Section 15A (1) (a)
substitute
	(a)	the notary allows a declaration of civil partnership, or a purported declaration, to be made before the notary; and
12	Section 15A (2) (a)
substitute
	(a)	the notary allows a declaration of civil partnership, or a purported declaration, to be made before the notary; and
13	New section 21
insert
21	Transitional—application of Civil Partnerships Amendment Act 2009 (No 2)
	(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. 
14	Reviewable decisions
Schedule 1, item 1, column 2
after
8 (1) (b)
insert
or 8BA (1)

Schedule 1	Births, Deaths and Marriages Registration Act 1997
(see s 3)
[1.1]	Section 32A (1) (b)
substitute
	(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).
[1.2]	Section 32AA (1) (b)
substitute
	(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).
[1.3]	Section 32AA (3) 
omit
If a civil partnership is entered into
substitute
If 2 people make a declaration of civil partnership
[1.4]	Section 32AA (3) 
omit
the day the civil partnership is entered into
substitute
the day the declaration is made
[1.5]	Section 32AA (3) (a)
substitute
	(a)	written notice of the making of the declaration;
[1.6]	Section 32AA (4)
omit

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2009.
2	Notification
	Notified under the Legislation Act on	2009.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2009