Australian Capital Territory Numbered Acts

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CIVIL PARTNERSHIPS AMENDMENT ACT 2009 (NO. 41 OF 2009) - SECT 13

New section 15A

insert

15A     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 8A (Notice of intention to enter into civil partnership) (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 8B (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 12 (Void civil partnerships).

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 8B (Declaration of civil partnership) 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); and

              •     impersonating territory public officials (see s 360).



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