Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 1 Consequential amendments
(see s 21)
Part 1.1 Administration and Probate Act 1929
[1.1] Section 49BA (4) (c) (i)
after
spouse
insert
or civil partner
[1.2] Dictionary, note 2, new dot point
insert
• civil partner
Part 1.2 Adoption Regulation 1993
[1.3] Section 11 (b) (ix)
substitute
(ix) if not married—whether in another domestic partnership or single;
Part 1.3 Births, Deaths and Marriages Registration Act 1997
after
marriages
insert
, civil partnerships
[1.5] Section 16 (3) (b)
after
marriage
insert
or civil partnership
omit
insert
Part 5A Civil partnerships
32A Civil partnership—particulars of relationship
If the registrar-general registers a relationship as a civil partnership under the Civil Partnerships Act 2008 , the registrar-general must include in the register the particulars of the civil partnership prescribed by regulation.
32B Civil partnership—particulars of termination
(1) This section applies if a civil partnership is terminated—
(a) under the Civil Partnerships Act 2008 , section 10 (Termination by parties); or
(b) under that Act, section 11 (Termination by court order).
(2) The registrar-general must include in the register the particulars of the termination prescribed by regulation.
(3) Also, for a civil partnership terminated as mentioned in subsection (1) (a), the registrar-general must give each party to the civil partnership written notice that the civil partnership terminated on the date stated in the notice.
Note If a form is approved under s 69 for this provision, the form must be used.
(4) For subsection (3), it is sufficient if the registrar-general sends the notice to the address for each party that is last known to the registrar.
[1.8] Dictionary, note 2, new dot point
insert
• civil partnership
[1.9] Dictionary, definition of registrable event
after
marriage,
insert
civil partnership,
Part 1.4 Births, Deaths and Marriages Registration Regulation 1998
[1.10] Section 5 (k)
substitute
(k) if the parents of the child are married or in a civil partnership—the date and place of the marriage or civil partnership;
[1.11] Section 6 (1) (e)
omit
[1.12] Section 7 (b)
substitute
(b) a spouse or civil partner, or former spouse or civil partner, of the transsexual person;
insert
8A Civil partnership—prescribed particulars
(1) For the Act, section 32A, the following particulars are prescribed:
(a) the date the relationship was registered as a civil partnership under the Civil Partnerships Act 2008 ;
(b) the following particulars for each person who is a party to the civil partnership:
(i) the person's full name;
(ii) the person's home address;
(iii) the person's date and place of birth;
(iv) the person's relationship status before entering into the civil partnership;
(v) the person's occupation;
(vi) the full name of each of the person's parents.
(2) In this section:
"relationship status" means the status or condition of being—
(a) single; or
(b) divorced; or
(c) widowed; or
(d) the domestic partner (other than the spouse or civil partner) of someone else.
Note For the meaning of domestic partner , see the Legislation Act, s 169.
8B Termination of civil partnership—prescribed particulars
For the Act, section 32B (2), the following particulars are prescribed:
(a) for a civil partnership terminated under the Civil Partnerships Act 2008 , section 10 (Termination by parties)—
(i) the date the termination notice was given to the registrar-general under that Act, section 10 (1); and
(ii) the date of effect of the termination;
(b) for a civil partnership terminated under the Civil Partnerships Act 2008 , section 11 (Termination by court order)—
(i) the date the order was made; and
(ii) the date of effect of the termination.
[1.14] Section 9 (h) (i)
substitute
(i) if the deceased had been married or in a civil partnership—the date and place of each marriage and civil partnership; and
Part 1.5 Civil Law (Wrongs) Act 2002
[1.15] Section 23, definition of member , paragraph (g)
after
spouse
insert
or civil partner
[1.16] Dictionary, note 2, new dot point
insert
• civil partner
Part 1.6 Corrections Management Act 2007
after
marriage
insert
or civil partnership
[1.18] Dictionary, note 2, new dot point
insert
• civil partnership
Part 1.7 Crimes Act 1900
after
marriage
insert
, civil partnership
[1.20] Dictionary, note 2, new dot point
insert
• civil partnership
[1.21] Dictionary, definition of relative
omit
Part 1.8 Discrimination Act 1991
[1.22] Dictionary, note 2, new dot points
insert
• civil partner
• civil partnership
[1.23] Dictionary, definition of relationship status , new paragraphs (ca) and (cb)
insert
(ca) in a civil partnership; or
(cb) in a civil partnership but living separately and apart from one's civil partner; or
[1.24] Dictionary, definition of relationship status , paragraph (f)
after
spouse
insert
or civil partner
Part 1.9 Domestic Relationships Act 1994
[1.25] 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.
[1.26] 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.
[1.27] Section 12 (2)
omit
If
substitute
However, if
[1.28] Dictionary, note 2, new dot point
insert
• civil partnership
Part 1.10 Duties Act 1999
substitute
(5) For subsection (3) (c), in deciding whether a transfer under a domestic relationship agreement is consequent on the end of a relationship, the commissioner must have regard to any statutory declaration made by a party to the relationship to the effect that—
(a) the relationship has ended; or
(b) if the relationship is a civil partnership—the party has given, or intends to give, a termination notice to the registrar-general under the Civil Partnerships Act 2008 .
substitute
(5) For subsection (3) (c), in deciding whether a transaction under a domestic relationship agreement is consequent on the end of a relationship, the commissioner must have regard to any statutory declaration made by a party to the relationship to the effect that—
(a) the relationship has ended; or
(b) if the relationship is a civil partnership—the party has given, or intends to give, a termination notice to the registrar-general under the Civil Partnerships Act 2008 .
substitute
(5) For subsection (3) (c), in deciding whether a transfer under a domestic relationship agreement is consequent on the end of a relationship, the commissioner must have regard to any statutory declaration made by a party to the relationship to the effect that—
(a) the relationship has ended; or
(b) if the relationship is a civil partnership—the party has given, or intends to give, a termination notice to the registrar-general under the Civil Partnerships Act 2008 .
[1.32] Dictionary, note 2, new dot point
insert
• civil partnership
omit
• domestic relationship (see s 169 (2))
[1.34] Section 13
omit
Part 1.12 Family Provision Act 1969
[1.35] Section 7 (9), definition of partner , paragraph (b) (i)
after
spouse
insert
or civil partner
Part 1.13 First Home Owner Grant Act 2000
[1.36] Section 6 (2)
omit
the person to whom an applicant is legally married
substitute
if the applicant is married or in a civil partnership, the applicant's spouse or civil partner
[1.37] Dictionary, note 2, new dot points
insert
• civil partner
• civil partnership
Part 1.14 Instruments Act 1933
[1.38] Section 8 , definition of bill of sale
after
marriage
insert
or civil partnership
Part 1.15 Land Titles Act 1925
[1.39] Dictionary, definition of transmission
omit
or marriage
substitute
, marriage or civil partnership
[1.40] Dictionary, note 2, new dot point
insert
• civil partnership
Part 1.16 Legal Aid Act 1977
[1.41] Section 10 (1) (i)
omit
marriage counsellors
substitute
relationship counsellors
Part 1.17 Legislation Act 2001
after
spouse
insert
or civil partner
after the example, insert
(3) In an Act or statutory instrument, a reference to a domestic partnership includes a reference to a marriage and a civil partnership.
[1.44] 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 2008 .
Part 1.18 Married Persons Property Act 1986
omit
married persons
substitute
people who are married or in a civil partnership
[1.46] Section 9 heading
substitute
9 Transfer of property to spouse, civil partner or child
[1.47] Section 9 (2)
substitute
(2) If—
(a) a person and the person's spouse or civil partner both contribute to the purchase of property or an interest in property; and
(b) the property or interest is vested in or transferred to 1 spouse or civil partner (the transferee );
the transferee is taken (unless the contrary intention appears) to hold the property or interest in trust for the transferee and the transferee's spouse or civil partner as joint tenants.
[1.48] Section 10 heading
substitute
10 Purchase or transfer of property before marriage or civil partnership
[1.49] Section 10 (1)
after
marriage to
insert
, or civil partnership with,
[1.50] Section 10 (1) (a)
after
marriage
insert
or civil partnership
[1.51] Section 10 (1) (b)
omit
marriage of the transferor to the transferee
substitute
marriage or civil partnership
[1.52] Section 10 (2)
after
marriage to
insert
, or civil partnership with,
[1.53] Section 10 (2) (a)
after
marriage
insert
or civil partnership
[1.54] Section 10 (2) (b)
omit
marriage of the transferor to the transferee
insert
marriage or civil partnership
[1.55] Section 10 (3) (a)
after
marriage to
insert
, or civil partnership with,
[1.56] Section 10 (3) (c)
after
marriage
insert
or civil partnership
[1.57] Section 10 (3) (d)
omit
marriage of those persons
insert
marriage or civil partnership
[1.58] Section 11
omit
married person
substitute
person who is married or in a civil partnership
[1.59] Section 11
after
spouse
insert
or civil partner
[1.60] Section 12 heading
substitute
12 Beneficiaries who are married or in civil partnership
[1.61] Section 12
omit
husband and his wife
substitute
person and his or her spouse or civil partner
[1.62] Section 13
substitute
13 Applications to decide property disputes
(1) This section applies if any question arises between a person and his or her spouse or civil partner in relation to the title to, or possession or disposition of, any property (including any question in relation to the investment by one of them of money of the other without the consent of the other).
(2) The person, or a third party on whom conflicting claims are being or are expected to be made by the person and his or her spouse or civil partner in relation to any property, may apply to the court to hear and decide the question.
[1.63] Section 15 (5)
substitute
(5) If an application under section 13 relates to money of the spouse or civil partner of a person that was invested by the person without the consent of the spouse or civil partner, the court may order that the amount of the money and any interest, dividend or other profit derived from the money be paid to the spouse or civil partner.
[1.64] Dictionary, note 2, new dot points
insert
• civil partner
• civil partnership
Part 1.19 Parentage Act 2004
[1.65] Section 7 heading
substitute
7 Presumptions arising from marriage or civil partnership
[1.66] Section 7 (1)
substitute
(1) A child born to a woman while she is married or in a civil partnership is presumed to be a child of the woman and her spouse or civil partner.
[1.67] Section 7 (2)
omit
husband
substitute
spouse or civil partner
[1.68] Section 7 (3)
omit
husband
substitute
spouse
[1.69] Section 7 (4)
substitute
(4) A child born to a woman after the end of her marriage or civil partnership, but within 44 weeks after she last separated from her spouse or partner in that marriage or civil partnership, is presumed to be the child of the woman and her spouse or partner in that marriage or civil partnership.
after
married to
insert
, or in a civil partnership with,
[1.71] Dictionary, note 2, new dot points
insert
• civil partner
• civil partnership
Part 1.20 Perpetuities and Accumulations Act 1985
[1.72] Section 14 (1) (c)
omit
spouses, de facto spouses,
Part 1.21 Powers of Attorney Act 2006
substitute
58 Enduring power of attorney sometimes revoked by marriage or civil partnership
[1.74] Section 58 (1) (b) and (c)
substitute
(b) after the appointment, the principal marries or enters into a civil partnership with a person other than the attorney.
substitute
59 Enduring power of attorney sometimes revoked by end of marriage or civil partnership
[1.76] Section 59 (1) (b) and (c)
substitute
(b) at that time or later, the person is married to, or in a civil partnership with, the attorney; and
(c) the marriage or civil partnership ends.
[1.77] Dictionary, note 2, new dot point
insert
• civil partnership
Part 1.22 Rates Act 2004
[1.78] Section 45, definition of partner , paragraph (a)
substitute
(a) the person's spouse or civil partner;
[1.79] Section 45, definition of pensioner , note for par (d), (e) and (f)
after
spouses
insert
and civil partners
[1.80] Dictionary, note 2, new dot point
insert
• civil partner
Part 1.23 Sale of Motor Vehicles Act 1977
omit
or marriage
substitute
, marriage or civil partnership
[1.82] Dictionary, note 2, new dot point
insert
• civil partnership
Part 1.24 Testamentary Guardianship Act 1984
[1.83] Section 4 , definition of parent , paragraph (a)
omit
[1.84] Dictionary, definition of exnuptial child
omit
Part 1.25 Wills Act 1968
[1.85] Section 15 heading
substitute
15 Will attested by beneficiary or domestic partner of beneficiary
[1.86] Section 15
after
spouse
insert
or domestic partner
[1.87] Section 18
omit
spouse
substitute
domestic partner
[1.88] Section 20 heading
substitute
20 Revocation of will by testator's marriage or civil partnership
[1.89] Section 20 (1) and (2)
substitute
(1) Subject to subsections (2) and (3), if a person marries or enters into a civil partnership after having made a will, the will is revoked by the marriage or civil partnership unless the will was expressed to have been made in contemplation of that marriage or civil partnership.
(2) If a testator marries or enters into a civil partnership after having made a will by which he or she has exercised a power of appointing real property or personal property by will, the marriage or civil partnership does not revoke the will so far as it constitutes an exercise of that power if the property so appointed would not, in default of the testator exercising that power, pass to an executor under any other will of the testator or to an administrator of any estate of the testator.
[1.90] Section 20 (3)
omit
the marriage of the testator to
substitute
the testator marrying, or entering into a civil partnership with,
[1.91] Section 20 (3) (a) and (b)
after
marriage
insert
or civil partnership
substitute
20A Effect of termination of marriage or civil partnership
after
marriage
insert
or civil partnership
after
former spouse
insert
or civil partner
after
marriage
insert
or civil partnership
after
former spouse
insert
or civil partner
insert
(4A) For this section, a civil partnership is taken to be terminated if the civil partnership is terminated under the Civil Partnerships Act 2008 , division 2.4 (otherwise than on the death of a party to the civil partnership).
[1.98] Section 20A (5), definition of former spouse
substitute
"former spouse or civil partner", in relation to a testator, means the person who, immediately before the termination of the testator's marriage or civil partnership, was the testator's spouse or civil partner, or, for a purported marriage or civil partnership of the testator that is void, was the other party to the purported marriage or civil partnership.
[1.99] Dictionary, note 2, new dot points
insert
• civil partner
• civil partnership
• domestic partner (see s 169 (1))
Part 1.26 Witness Protection Act 1996
[1.100] Section 10 (c)
after
marriage
insert
or civil partnership
[1.101] Dictionary, note 2, new dot point
insert
• civil partnership