Civil Partnerships Regulation 2023
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Civil Partnerships Regulation 2023
Civil Partnerships Regulation 2023
1 Short title
This regulation may be cited as the
Civil Partnerships Regulation 2023 .
2 Commencement
This regulation commences on 1 September 2023.
3 Documents to prove identity etc.— Act , ss 7 , 10 and 15
(1) For sections 7 , 10 and 15 of the Act , the following documents are prescribed— (a) for sections 7 (2)(b), 10(2)(b) and 15(2)(c)— (i) 1 document from each of the following— (A) a document that shows photographic identification of the person and states the person’s date of birth;
(B) a document that verifies the person’s identity; or
(ii) 2 documents mentioned in subparagraph (i)(B), at least 1 of which must state the person’s date of birth;
(b) 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
(2) Each document must be either an original document or a certified copy of an original document.
4 Prescribed day for annual registration fee and annual return— Act , s 20A
(1) 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.
(2) 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 .
5 Corresponding laws and relationships— Act , s 33
For section 33 of the Act — (a) a law stated in schedule 1 , column 1 is prescribed for section 33 (2) of the Act , definition
corresponding law ; and
(b) 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 .
6 Fees
(1) Fees payable under the Act are stated in schedule 2 .
(2) The registrar may waive, wholly or partly, payment of a fee stated in schedule 2 .
(3) In deciding whether to wholly or partly waive a fee the registrar may have regard to 1 or more of the following factors— (a) whether the person who is to pay the fee is experiencing financial hardship;
(b) for an application—whether the provision of the thing applied for would improve the person’s circumstances;
(c) whether, in the registrar’s opinion, waiver of the fee is otherwise desirable in the circumstances.
(4) The registrar may refund all or part of a fee paid.
7 Rounding of amounts expressed as numbers of fee units
(1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.
(2) For the purpose of the
Acts Interpretation Act 1954 , section 48C (3), the amount is to be rounded— (a) if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or
(b) 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.
Schedule 1
Corresponding laws and relationships
section 5
Column 1
Column 2
Civil Unions Act 2012 (ACT)
a civil union
Domestic Relationships Act 1994 (ACT)
a civil partnership
Relationships Act 2003 (Tas)
a significant relationship for which a deed of relationship is registered
Relationships Act 2008 (Vic)
a registered domestic relationship
Relationships Register Act 2010 (NSW)
a registered relationship
Relationships Register Act 2016 (SA)
a registered relationship
California Family Code , division 2.5 (United States of America)
a domestic partnership
Civil Code of Quebec , CQLR c CCQ-1991, Book 2 (Canada)
a civil union
Civil Partnership Act 2004 (United Kingdom)
a civil partnership
Civil Union Act 2004 (New Zealand)
a civil union
Civil Union Act 2006 (South Africa)
a civil partnership
Hawaii Revised Statutes , chapter 572B (United States of America)
a civil union
Vital Statistics Act , CCSM, c V60, section 13.1 of Manitoba (Canada)
a registered common-law relationship
Vital Statistics Act , RSNS 1989, c 494 of Nova Scotia (Canada)
a domestic partnership
Schedule 2
Fees
section 6 (1)
Fee units
1
Application for registration (Act, s 7(2)(c))
150
2
Application for termination (Act, s 15(2)(b))
78.30
3
Application for registration of civil partnership notary (Act, s 20(2)(b))
75.45
4
Annual registration fee for civil partnership notary (Act, s 20A(1)(a))
45.25
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