ACT Numbered Regulations - Explanatory Statements

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CIVIL PARTNERSHIPS REGULATION 2010 (NO 23 OF 2010)

2010

LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY

CIVIL PARTNERSHIPS REGULATION 2010

SL2010 - 23

EXPLANATORY STATEMENT

Circulated by authority of
Mr Simon Corbell MLA
Attorney General

Civil Partnerships Regulation 2010

Overview of Regulation

Under section 20 of the Civil Partnerships Act 2008, the Executive may make regulations for the Act. Section 15 allows for regulations to recognise relationships under corresponding laws in other jurisdictions. Under section 15, a regulation may prescribe that the law of another jurisdiction is a corresponding law for the purposes of the Civil Partnerships Act 2008.

The Civil Partnerships Regulation 2010 identifies corresponding legislation in New South Wales, Victoria, and Tasmania. Relationships registered under each piece of corresponding legislation that are equivalent to civil partnerships under the Civil Partnerships Act 2008 will be treated as civil partnerships for the purposes of ACT law.

Clause Notes

Clause 1 – Name of Regulation – states the title of the regulation as the Civil Partnerships Regulation 2010.

Clause 2 – Commencement – states that the regulation commences the day after its notification.

Clause 3 – Notes – provides that notes in the regulation are explanatory only, and are not part of the regulation.

Clause 4 – Corresponding laws—Act, s 15, def corresponding law – provides that the Relationships Register Act 2010 (NSW), Relationships Act 2003 (Tas), and the Relationships Act 2008 (Vic) are corresponding laws for the purposes of the Civil Partnerships Act 2008 (ACT), section 15.

Clause 5 – Civil partnerships under corresponding laws—Act, s 15 – specifies which relationships under corresponding laws are civil partnerships for the purposes of ACT law. The corresponding laws identified in clause 4 recognise many different kinds of relationships. Only those registered relationships that are equivalent to civil partnerships under the ACT Civil Partnerships Act 2008 are intended to be included within the scope of this regulation. The relationships that are intended to be recognised by this regulation are identified by defined terms and section references in the corresponding legislation.