Civil Unions Act 2012

This Act is the Civil Unions Act 2012.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘reviewable decision, for part 4 (Notification and review of decisions)—see section 18.’ means that the term ‘reviewable decision’ is defined in that section for part 4.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Civil unions

Division 2.1 General

A civil union is a legally recognised relationship entered into under this Act.

A civil union is different to a marriage but is to be treated for all purposes under territory law in the same way as a marriage.

Note 1 Marriage is defined in the Marriage Act 1961 (Cwlth), s 5 to mean the union of a man and a woman to the exclusion of all others, voluntarily entered into for life.

Note 2 Territory law includes the common law (see Legislation Act, dict pt 1, def law).

Division 2.2 Eligibility for entering into civil union

A person may enter into a civil union only if—

the person is an adult; and

the person is not—

married; or

in a civil union; or

in a civil partnership with someone other than the person’s proposed civil union partner; and

Note A civil partnership ends if the parties to the civil partnership enter into a civil union with each other (see Domestic Relationships Act 1994, s 37H (1) (c)).

the person cannot marry the person’s proposed civil union partner under the Marriage Act 1961 (Cwlth); and

the person does not have any of the following relationships (a prohibited relationship) with the person’s proposed civil union partner:

lineal ancestor;

lineal descendant;

sister;

half-sister;

brother;

half-brother; and

the person, or the person’s proposed civil union partner, or both of them, live in the ACT.

Division 2.3 Entering into civil union

Before 2 people enter into a civil union, they must give notice to a civil union celebrant of their intention to enter into the civil union.

Note The notice must be given not earlier than 18 months and not later than 1 month before the civil union is entered into (see s 9 (3)).

The notice must be accompanied by—

a statement by each person verifying—

that the person wishes to enter into a civil union with the other person; and

that the person is not—

married; or

in a civil union; or

in a civil partnership with someone other than the other person; and

that the person believes the person and the other person do not have a prohibited relationship; and

where the person lives; and

Note It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

the evidence required under section 23 of each person’s identity and age; and

anything else prescribed by regulation.

As soon as practicable after receiving the notice and statements, the civil union celebrant must give each person a written notice setting out the nature and effect of a civil union.

This section applies if 2 people have, under section 8, given notice to a civil union celebrant of their intention to enter into a civil union with each other.

The people may enter into the civil union by making a declaration before the civil union celebrant and at least 1 other witness.

The declaration must be made not earlier than 1 month, and not later than 18 months, after the day the notice was given to the civil union celebrant.

The declaration must be made by each person to the other and must contain a clear statement that—

names both parties; and

acknowledges that they are freely entering into a civil union with each other.

Note 1 For registration requirements see the Births, Deaths and Marriages Registration Act 1997, pt 5A (Civil unions).

Note 2 The Discrimination Act 1991, provides for exceptions from pt 3 (Unlawful discrimination) for religious bodies doing (or failing or refusing to do) certain acts (see that Act, s 4A and s 32).

A civil union entered into under this part has effect when the parties to the civil union make a declaration under section 9.

Division 2.4 Ending civil union

A civil union ends on—

the death of either party; or

the marriage of either party.

A civil union also ends if it is ended by—

a party (or both parties) under section 12; or

a court order under section 14.

If a party to a civil union wishes, or both parties to a civil union wish, to end the civil union, the party (or parties) may give the registrar-general a written notice of intention to end the civil union (a termination notice).

However, if a termination notice is given by only 1 party, the notice is effective only if—

a copy of the notice has been served personally on the other party; and

a statement declaration is given to the registrar-general with the notice that—

is made by the person who served the notice; and

verifies the notice was served personally by the person on the other party on the date mentioned in the statement.

Note 1 For provision about service of notices, see s 24 and s 25.

Note 2 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

A termination notice may, within 12 months after the day it was given to the registrar-general, be withdrawn by written notice (a withdrawal notice) given to the registrar by the party (or parties) who gave the termination notice.

However, if a withdrawal notice is given by only 1 party, the notice is effective only if—

a copy of the notice has been served personally on the other party; and

a statement is given to the registrar-general with the notice that—

is made by the person who served the notice; and

verifies the notice was served personally by the person on the other party on the date mentioned in the statement.

Note 1 For provision about service of notices, see s 24 and s 25.

Note 2 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

A civil union ends 12 months after the day the termination notice is given to the registrar-general in accordance with this section, unless—

the notice has been withdrawn under this section; or

the Supreme Court makes an order under section 13 (2); or

the operation of the notice is stayed under section 13 (3); or

the civil union has already ended under section 11 (1).

This section applies if a party (or parties) to a civil union give the registrar-general a termination notice.

On application by a party to the civil union, the Supreme Court may make an order that the termination notice is not effective if the court considers that it is not the intention, or is no longer the intention, of the party (or parties) who gave the notice to end the civil union.

If an application mentioned in subsection (2) has been made but not decided within 12 months after the day the termination notice is given, the application stays the operation of the notice until the application is decided.

If the Supreme Court makes an order under this section, the court must give a copy of the order to the registrar-general.