Civil Partnerships Regulation 2023

This regulation may be cited as the Civil Partnerships Regulation 2023.

This regulation commences on 1 September 2023.

For sections 7, 10 and 15 of the Act, the following documents are prescribed—

for sections 7(2)(b), 10(2)(b) and 15(2)(c)—

1 document from each of the following—

a document that shows photographic identification of the person and states the person’s date of birth;

a document that verifies the person’s identity; or

2 documents mentioned in subparagraph (i)(B), at least 1 of which must state the person’s date of birth;

for sections 7(2)(c), 10(2)(c) and 15(2)(c)—a document that shows where the person lives.

Examples for subsection (1)(a)(i)(A)—

• a driver licence

• a passport

• a photo identification card

Examples for subsection (1)(a)(i)(B)—

• a credit card

• a Medicare card

• a birth certificate

Examples for subsection (1)(b)—

• a telephone, gas or electricity account statement not more than 6 months old that shows where the person lives

• a statement not more than 6 months old issued by a financial institution that shows where the person lives

Each document must be either an original document or a certified copy of an original document.

The day prescribed for section 20A(1)(a) and (b) of the Act for a person registered as a civil partnership notary is the anniversary day for the person.

In this section—

anniversary day, for a person registered as a civil partnership notary, means the day in each year that is the anniversary of the person’s registration under section 20 of the Act.

For section 33 of the Act—

a law stated in schedule 1, column 1 is prescribed for section 33(2) of the Act, definition corresponding law; and

a relationship under a corresponding law stated opposite the law in schedule 1, column 2 is taken to be registered as a civil partnership for section 33(1) of the Act.

Fees payable under the Act are stated in schedule 2.

The registrar may waive, wholly or partly, payment of a fee stated in schedule 2.

In deciding whether to wholly or partly waive a fee the registrar may have regard to 1 or more of the following factors—

whether the person who is to pay the fee is experiencing financial hardship;

for an application—whether the provision of the thing applied for would improve the person’s circumstances;

whether, in the registrar’s opinion, waiver of the fee is otherwise desirable in the circumstances.

The registrar may refund all or part of a fee paid.

This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.

For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded—

if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or

if the result is more than $100—to the nearest multiple of 10 cents (rounding one-half upwards).

Example for paragraph (b)—

If a fee were 155.10 fee units and the value of a fee unit were $1.50, the number of dollars obtained by multiplying 155.10 by $1.50 would be $232.65. Because $232.65 is halfway between $232.60 and $232.70, it is rounded upwards, so the amount of the fee would be $232.70.