Australian Capital Territory Numbered Acts

CIVIL PARTNERSHIPS AMENDMENT ACT 2009 (NO. 41 OF 2009) - SCHEDULE 1

Schedule 1     Consequential amendments

(see s 3)

Part 1.1     Births, Deaths and Marriages Registration Act 1997

[1.1]     Section 32A

substitute

32A     Registration of civil partnership

    (1)     This section applies if—

        (a)     the registrar-general registers a relationship as a civil partnership under the Civil Partnerships Act 2008 , section 8 (Decision on application); or

        (b)     a civil partnership is entered into in the ACT under the Civil Partnerships Act 2008 , section 8B (Declaration of civil partnership).

    (2)     The civil partnership must be registered under this Act.

32AA     How civil partnerships are registered

    (1)     Subsection (2) applies if—

        (a)     the registrar-general registers a relationship as a civil partnership under the Civil Partnerships Act 2008 , section 8 (Decision on application); or

        (b)     a civil partnership is entered into before the registrar-general under the Civil Partnerships Act 2008 , section 8B (Declaration of civil partnership).

    (2)     The registrar-general must register the civil partnership by including in the register the particulars of the civil partnership prescribed by regulation.

    (3)     If a civil partnership is entered into before another civil partnership notary under the Civil Partnerships Act 2008 , section 8B, the notary must give the following to the registrar-general not later than 2 weeks after the day the civil partnership is entered into:

        (a)     written notice of the civil partnership;

        (b)     the notice given to the notary under the Civil Partnerships Act 2008 , section 8A (Notice of intention to enter into civil partnership) for the civil partnership.

Maximum penalty: 5 penalty units.

Note     If a form is approved under s 69 for this provision, the form must be used.

    (4)     If a notice is given to the registrar-general under subsection (3), the registrar-general must register the civil partnership by including in the register the particulars of the civil partnership prescribed by regulation.

    (5)     An offence against this section is a strict liability offence.

    (6)     In this section:

"civil partnership notary—"see the Civil Partnerships Act 2008 , dictionary.

Part 1.2     Births, Deaths and Marriages Registration Regulation 1998

[1.2]     Section 8A (1)

omit

section 32A

insert

section 32AA (2) and (4)

[1.3]     Section 8A (1) (a)

substitute

        (a)     if the civil partnership was entered into by registration under the Civil Partnerships Act 2008 , section 8—the date and place of registration;

        (ab)     if the civil partnership was entered into before a civil partnership notary under the Civil Partnerships Act 2008 , section 8B—

              (i)     the date and place of the declaration before the notary; and

              (ii)     the full name of at least 1 witness to the civil partnership;

[1.4]     New section 8A (1A)

insert

    (1A)     For the Act, section 32AA (4), the following particulars are also prescribed:

        (a)     the civil partnership notary's full name;

        (b)     details of the notary's registration as a civil partnership notary under the Civil Partnerships Act 2008 , part 2A (Civil partnership notaries).