Queensland Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


CIVIL PARTNERSHIPS AND OTHER LEGISLATION AMENDMENT BILL 2012

          Queensland



Civil Partnerships and Other
Legislation Amendment
Bill 2012

 


 

 

Queensland Civil Partnerships and Other Legislation Amendment Bill 2012 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 2 Amendment of Civil Partnerships Act 2011 2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 Replacement of pt 2, hdg (Civil partnerships) . . . . . . . . . . . . . . . 8 6 Amendment of s 4 (Civil partnerships--general) . . . . . . . . . . . . . 9 7 Amendment of s 5 (Eligibility criteria) . . . . . . . . . . . . . . . . . . . . . . 9 8 Amendment of pt 2, div 3, hdg (Entering into civil partnerships) . 9 9 Replacement of s 6 (How civil partnership is entered into) . . . . . 10 6 How registered relationship is entered into . . . . . . . . 10 10 Amendment of s 7 (Application for registration) . . . . . . . . . . . . . . 10 11 Amendment of s 8 (Cooling-off period--application for registration) 10 12 Amendment of s 9 (Decision on application) . . . . . . . . . . . . . . . . 11 13 Omission of ss 10-12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 14 Replacement of s 13 (When civil partnership has effect) . . . . . . . 11 13 When registered relationship takes effect . . . . . . . . . 11 15 Amendment of s 14 (How civil partnership is terminated) . . . . . . 11 16 Replacement of ss 15-19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 15 Application for termination . . . . . . . . . . . . . . . . . . . . . 12 16 Service of termination application . . . . . . . . . . . . . . . 13 17 Termination application period and withdrawal of termination application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 18 Decision on termination application . . . . . . . . . . . . . . 14 19 When termination of registered relationship takes effect 14

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Contents 17 Omission of pt 3 (Civil partnership notaries) . . . . . . . . . . . . . . . . 14 18 Amendment of s 30 (Void civil partnerships) . . . . . . . . . . . . . . . . 14 19 Omission of s 31 (Noncompliance with certain requirements) . . . 15 20 Replacement of s 32 (Personal service of court documents). . . . 15 32 Ways in which termination application to be served. . 15 21 Amendment of s 33 (Civil partnerships under corresponding laws) 16 22 Omission of s 34 (Offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 23 Replacement of s 36 (Regulation-making power) . . . . . . . . . . . . 16 36 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . 16 24 ................................................... Insertion of new pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Part 6 Savings and transitional provisions for Civil Partnerships and Other Legislation Amendment Act 2012 37 Definitions for pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 38 Existing civil partnerships . . . . . . . . . . . . . . . . . . . . . . 18 39 Civil partnerships under corresponding laws . . . . . . . 18 40 Existing applications under former s 7 . . . . . . . . . . . . 18 41 Existing notices of intention under former s 10 . . . . . 18 42 Declaration under former s 11 . . . . . . . . . . . . . . . . . . 19 43 Review of decisions made before commencement . . 20 44 Void civil partnerships. . . . . . . . . . . . . . . . . . . . . . . . . 20 45 Noncompliance with particular requirements under former ss 10 and 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 46 References in Acts and documents to civil partnership 21 47 Effect of regulation amendment . . . . . . . . . . . . . . . . . 22 48 Transitional regulation-making power . . . . . . . . . . . . . 22 25 Amendment of sch 1 (Reviewable decisions). . . . . . . . . . . . . . . . 23 26 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 23 Part 3 Amendment of Civil Partnerships Regulation 2012 27 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 28 Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 29 Amendment of s 3 (Documents to prove identity etc.--Act, ss 7 and 10) .......................................... 24 30 Amendment of s 4 (Civil partnerships under corresponding laws--Act, s 33) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 31 Insertion of new s 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 5 Fee for application for termination--Act, s 15 . . . . . . 25 Page 2

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Contents Part 4 Amendment of Births, Deaths and Marriages Registration Act 2003 32 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 33 Replacement of pt 5A, hdg. . . . . . . . . . . . . . (Civil partnerships) 25 Part 5A Registered relationships'. 34 Amendment of s 25A (Registration of civil partnership) . . . . . . . . 25 35 Amendment of s 25B (How civil partnerships are registered) . . . 26 36 Amendment of s 25C (Civil partnership--particulars of termination) 26 37 Insertion of new pt 9, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Division 6 Transitional provision for Civil Partnerships and Other Legislation Amendment Act 2012 65 References in documents to civil partnership. . . . . . . 27 Part 5 Amendment of Births, Deaths and Marriages Registration Regulation 2003 38 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 39 Amendment of s 13 (Information and documents for registering events in register--Act, ss 41, 41D or 41E). . . . . . . . . . . . . . . . . . . . . . . 28 40 Replacement of s 13A (Particulars for registration of civil partnership-- Act, s 25B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 13A Particulars for registration of registered relationship--Act s 25B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 41 Replacement of s 13B (Particulars of termination to be included in register--Act, s 25C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 13B Particulars of termination to be included in the register--Act, s 25C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 42 Amendment of s 15 (Information that may be obtained from the register--Act, s 44). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 43 Replacement of s 17B (Information for commemorative civil partnership certificate). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 17B Information for commemorative registered relationship certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 44 Replacement of s 18A (Information to be contained in civil partnership extract) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 18A Information to be contained in registered relationship extract ................................. 31 45 Amendment of sch 1 (Application information). . . . . . . . . . . . . . . 31 46 Amendment of sch 2 (Information for certificates) . . . . . . . . . . . . 32 Part 6 Amendment of Corrective Services Act 2006 47 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 48 Replacement of s 26A (Civil partnerships) . . . . . . . . . . . . . . . . . . 33 Page 3

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Contents 26A Registered relationships. . . . . . . . . . . . . . . . . . . . . . . 34 Part 7 Amendment of Duties Act 2001 49 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 50 Amendment of s 151 (Exemption--particular residences) . . . . . . 34 51 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 34 Part 8 Amendment of Governors (Salary and Pensions) Act 2003 52 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 53 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 35 Part 9 Amendment of Succession Act 1981 54 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 55 Amendment of s 5AA (Who is a person's spouse) . . . . . . . . . . . . 35 56 Amendment of s 13 (How a will may be revoked) . . . . . . . . . . . . 36 57 Amendment of s 14A (Effect of civil partnership on a will) . . . . . . 36 58 Amendment of s 15A (Effect of end of civil partnership on a will) 37 Part 10 Other amendments 59 Schedule amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Schedule Consequential amendments . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Part 1 References to Civil Partnerships Act 2011 1 Acts Interpretation Act 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 2 Guardianship and Administration Act 2000 . . . . . . . . . . . . . . . . . 39 3 Powers of Attorney Act 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 4 Queensland Civil and Administrative Tribunal Regulation 2009 . . 39 5 Workers' Compensation and Rehabilitation Regulation 2003 . . . 39 Part 2 References to civil partnership 6 Acts Interpretation Act 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 7 Body Corporate and Community Management Act 1997. . . . . . . 40 8 First Home Owner Grant Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . 40 9 Guardianship and Administration Act 2000 . . . . . . . . . . . . . . . . . 40 10 Integrated Resort Development Act 1987 . . . . . . . . . . . . . . . . . . 40 11 Judges (Pensions and Long Leave) Act 1957 . . . . . . . . . . . . . . . 40 12 Personal Injuries Proceedings Regulation 2002. . . . . . . . . . . . . . 40 13 Powers of Attorney Act 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 14 Sanctuary Cove Resort Act 1985 . . . . . . . . . . . . . . . . . . . . . . . . . 41 15 Status of Children Act 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 16 Supreme Court Act 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 17 Workers' Compensation and Rehabilitation Regulation 2003 . . . 41 Page 4

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Contents Part 3 References to civil partner 18 Acts Interpretation Act 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 19 Anti-Discrimination Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 20 Electrical Safety Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 21 First Home Owner Grant Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . 41 22 Judges (Pensions and Long Leave) Act 1957 . . . . . . . . . . . . . . . 42 23 Land Tax Act 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 24 Payroll Tax Act 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 25 Powers of Attorney Act 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 26 Public Trustee Act 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 27 Status of Children Act 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 28 Surrogacy Act 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Page 5

 


 

 

2012 A Bill for An Act to amend the Civil Partnerships Act 2011, the Civil Partnerships Regulation 2012, the Births, Deaths and Marriages Registration Act 2003, the Births, Deaths and Marriages Registration Regulation 2003, the Corrective Services Act 2006, the Duties Act 2001, the Governors (Salary and Pensions) Act 2003 and the Succession Act 1981 for particular purposes, and to make consequential amendments of the legislation mentioned in the schedule

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Civil Partnerships and Other 4 Legislation Amendment Act 2012. 5 Part 2 Amendment of Civil 6 Partnerships Act 2011 7 Clause 2 Act amended 8 This part amends the Civil Partnerships Act 2011. 9 Clause 3 Amendment of long title 10 Long title, `civil partnerships'-- 11 omit, insert-- 12 `registered relationships'. 13 Clause 4 Amendment of s 1 (Short title) 14 Section 1, `Civil Partnerships'-- 15 omit, insert-- 16 `Relationships'. 17 Clause 5 Replacement of pt 2, hdg (Civil partnerships) 18 Part 2, heading-- 19 Page 8

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 2 Amendment of Civil Partnerships Act 2011 [s 6] omit, insert-- 1 `Part 2 Registered relationships'. 2 Clause 6 Amendment of s 4 (Civil partnerships--general) 3 (1) Section 4, heading, `Civil partnerships'-- 4 omit, insert-- 5 `Registered relationships'. 6 (2) Section 4, `civil partnership'-- 7 omit, insert-- 8 `registered relationship'. 9 (3) Section 4(2), note, `court order'-- 10 omit, insert-- 11 `registration of a termination application'. 12 Clause 7 Amendment of s 5 (Eligibility criteria) 13 (1) Section 5, `civil partnership'-- 14 omit, insert-- 15 `registered relationship'. 16 (2) Section 5, `civil partner'-- 17 omit, insert-- 18 `registered partner'. 19 Clause 8 Amendment of pt 2, div 3, hdg (Entering into civil 20 partnerships) 21 Part 2, division 3, heading, `civil partnerships'-- 22 omit, insert-- 23 `registered relationships'. 24 Page 9

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 2 Amendment of Civil Partnerships Act 2011 [s 9] Clause 9 Replacement of s 6 (How civil partnership is entered into) 1 Section 6-- 2 omit, insert-- 3 `6 How registered relationship is entered into 4 `Two adults who are in a relationship as a couple, regardless 5 of their sex, and who meet the eligibility criteria mentioned in 6 section 5, may enter into a registered relationship by having 7 their relationship registered under section 9(1)(a). 8 Note-- 9 The registrar must enter particulars of a registered relationship entered 10 into under this Act in the register under the Births, Deaths and 11 Marriages Registration Act 2003, part 5A.'. 12 Clause 10 Amendment of s 7 (Application for registration) 13 (1) Section 7(1) and (2), `civil partnership'-- 14 omit, insert-- 15 `registered relationship'. 16 (2) Section 7(1), `section 6(a)'-- 17 omit, insert-- 18 `section 6'. 19 Clause 11 Amendment of s 8 (Cooling-off period--application for 20 registration) 21 (1) Section 8, heading, `Cooling-off'-- 22 omit, insert-- 23 `Registration'. 24 (2) Section 8, `cooling-off'-- 25 omit, insert-- 26 `registration'. 27 Page 10

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 2 Amendment of Civil Partnerships Act 2011 [s 12] Clause 12 Amendment of s 9 (Decision on application) 1 (1) Section 9(1), `cooling-off'-- 2 omit, insert-- 3 `registration'. 4 (2) Section 9, `civil partnership'-- 5 omit, insert-- 6 `registered relationship'. 7 (3) Section 9(2), note, `pt 5A'-- 8 omit, insert-- 9 `part 5A'. 10 Clause 13 Omission of ss 10-12 11 Sections 10 to 12-- 12 omit. 13 Clause 14 Replacement of s 13 (When civil partnership has effect) 14 Section 13-- 15 omit, insert-- 16 `13 When registered relationship takes effect 17 `A registered relationship takes effect when the registrar 18 registers the relationship under section 9(1)(a).'. 19 Clause 15 Amendment of s 14 (How civil partnership is terminated) 20 (1) Section 14, heading, `civil partnership'-- 21 omit, insert-- 22 `registered relationship'. 23 (2) Section 14, `civil partnership'-- 24 omit, insert-- 25 Page 11

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 2 Amendment of Civil Partnerships Act 2011 [s 16] `registered relationship'. 1 (3) Section 14(2)-- 2 omit, insert-- 3 `(2) A registered relationship may also be terminated under 4 section 19.'. 5 Clause 16 Replacement of ss 15-19 6 Sections 15 to 19-- 7 omit, insert-- 8 `15 Application for termination 9 `(1) One or both parties to a registered relationship may apply to 10 the registrar to terminate the relationship (a termination 11 application). 12 `(2) The termination application must be in the approved form and 13 accompanied by-- 14 (a) a statutory declaration by the applicant or, if more than 1 15 applicant, each of the applicants stating that the person 16 making the declaration wishes to terminate the 17 registered relationship; and 18 (b) any fee prescribed under a regulation; and 19 (c) any other document prescribed under a regulation. 20 `(3) If the termination application is made by 1, but not both, of 21 the parties to the registered relationship, the application must 22 also be accompanied by a statutory declaration by the 23 applicant stating-- 24 (a) that the other party to the relationship has been served 25 under section 16; and 26 (b) the method by which service was effected under section 27 16. 28 Page 12

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 2 Amendment of Civil Partnerships Act 2011 [s 16] `16 Service of termination application 1 `If a termination application is made by 1, but not both, of the 2 parties to a registered relationship, the applicant must-- 3 (a) arrange for the other party to the relationship to be 4 personally served with a copy of-- 5 (i) the termination application; and 6 (ii) the statutory declaration mentioned in section 7 15(2)(a); or 8 Note-- 9 Section 32(2) set out the ways in which documents 10 mentioned in paragraph (a) may be personally served. 11 (b) send a copy of the documents mentioned in paragraph 12 (a), addressed to the other party, by registered post to the 13 other party's last known residential address. 14 `17 Termination application period and withdrawal of 15 termination application 16 `(1) The registrar must not register the termination of a registered 17 relationship under section 18 before the end of the termination 18 application period for the application. 19 `(2) A termination application may be withdrawn during the 20 termination application period for the application-- 21 (a) if the application is made by 1, but not both, of the 22 parties to the registered relationship--by the party who 23 made the application giving the registrar a withdrawal 24 notice in the approved form; or 25 (b) if the application is made by both parties--by both 26 parties giving the registrar a withdrawal notice in the 27 approved form. 28 Page 13

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 2 Amendment of Civil Partnerships Act 2011 [s 17] `18 Decision on termination application 1 `(1) The registrar must, as soon as practicable after the end of the 2 termination application period for the termination 3 application-- 4 (a) register the termination of the registered relationship 5 and make an endorsement to that effect on the 6 application; or 7 (b) refuse to register the termination of the registered 8 relationship. 9 `(2) The registrar must register the termination of the registered 10 relationship unless satisfied that the termination application 11 has been withdrawn under section 17(2). 12 `19 When termination of registered relationship takes effect 13 `Termination of a registered relationship takes effect when the 14 registrar registers the termination application under section 15 18.'. 16 Clause 17 Omission of pt 3 (Civil partnership notaries) 17 Part 3-- 18 omit. 19 Clause 18 Amendment of s 30 (Void civil partnerships) 20 (1) Section 30, heading, `civil partnerships'-- 21 omit, insert-- 22 `registered relationships'. 23 (2) Section 30, `civil partnership'-- 24 omit, insert-- 25 `registered relationship'. 26 (3) Section 30(b)(ii), `or the nature of the declaration under 27 section 11'-- 28 Page 14

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 2 Amendment of Civil Partnerships Act 2011 [s 19] omit. 1 Clause 19 Omission of s 31 (Noncompliance with certain 2 requirements) 3 Section 31-- 4 omit. 5 Clause 20 Replacement of s 32 (Personal service of court 6 documents) 7 Section 32-- 8 omit, insert-- 9 `32 Ways in which termination application to be served 10 `(1) This section applies to a document that is required under 11 section 16 to be served on a party to a registered relationship. 12 `(2) To serve the document personally on the party, the person 13 serving it must-- 14 (a) give the party a copy of the document; or 15 (b) if the party does not accept the copy--put the copy 16 down in the party's presence and tell the party in general 17 terms what the document is; or 18 (c) if the person serving the copy is prevented from 19 approaching the party by a reasonable fear of 20 violence--put the copy down as near as practicable to, 21 but in the sight of, the party. 22 `(3) It is not necessary under subsection (2) to show the original of 23 the document to the person served. 24 `(4) If a person who is required to serve a document under section 25 16 is unable to serve the document as mentioned in section 26 16(a) or (b), the person may ask the registrar for approval to 27 serve the document by another method. 28 `(5) The registrar may give approval if satisfied that-- 29 Page 15

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 2 Amendment of Civil Partnerships Act 2011 [s 21] (a) it is impracticable, for any reason, for the document to 1 be served as mentioned in section 16(a) or (b); and 2 (b) the alternative way is reasonably likely to bring the 3 termination application to the other party's attention. 4 `(6) If the registrar gives the approval-- 5 (a) the applicant must comply with any conditions imposed 6 on the approval by the registrar; and 7 (b) for section 16, if a document is served on a party in 8 accordance with the approval, the document is taken to 9 have been served on the party.'. 10 Clause 21 Amendment of s 33 (Civil partnerships under 11 corresponding laws) 12 (1) Section 33, heading, `Civil partnerships'-- 13 omit, insert-- 14 `Registered relationships'. 15 (2) Section 33(1), `civil partnership'-- 16 omit, insert-- 17 `registered relationship'. 18 Clause 22 Omission of s 34 (Offences) 19 Section 34-- 20 omit. 21 Clause 23 Replacement of s 36 (Regulation-making power) 22 Section 36-- 23 omit, insert-- 24 `36 Regulation-making power 25 `(1) The Governor in Council may make regulations under this 26 Act. 27 Page 16

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 2 Amendment of Civil Partnerships Act 2011 [s 24] `(2) Without limiting subsection (1), a regulation may-- 1 (a) prescribe fees payable under this Act; or 2 (b) provide for the refunding or waiving of fees payable 3 under this Act.'. 4 Clause 24 Insertion of new pt 6 5 After section 36-- 6 insert-- 7 `Part 6 Savings and transitional 8 provisions for Civil 9 Partnerships and Other 10 Legislation Amendment Act 11 2012 12 `37 Definitions for pt 6 13 `In this part-- 14 amending Act means the Civil Partnerships and Other 15 Legislation Amendment Act 2012. 16 civil partnership notary means-- 17 (a) a person registered as a civil partnership notary under 18 the Act as in force immediately before the 19 commencement; or 20 (b) the registrar. 21 commencement means the day on which this section 22 commences. 23 former, in relation to a provision, means as in force 24 immediately before the amendment or repeal of the provision 25 by the amending Act. 26 Page 17

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 2 Amendment of Civil Partnerships Act 2011 [s 24] `38 Existing civil partnerships 1 `(1) A civil partnership in effect immediately before the 2 commencement is taken, on the commencement, to be a 3 registered relationship under this Act. 4 `(2) To remove any doubt, it is declared that subsection (1) applies 5 to a civil partnership registered under former section 9 or 6 former section 12. 7 `39 Civil partnerships under corresponding laws 8 `(1) This section applies to a relationship under a corresponding 9 law that was, immediately before the commencement, taken 10 to be registered as a civil partnership under former section 33. 11 `(2) The civil partnership is, on and from the commencement, 12 taken to be registered as a registered relationship under this 13 Act. 14 `40 Existing applications under former s 7 15 `(1) This section applies if-- 16 (a) before the commencement, 2 persons applied under 17 former section 7 for registration of their relationship as a 18 civil partnership; and 19 (b) immediately before the commencement, the registrar 20 had not decided the application under former section 9. 21 `(2) On and from the commencement, the application is taken to 22 be an application under section 7 for registration of the 23 relationship as a registered relationship. 24 `41 Existing notices of intention under former s 10 25 `(1) This section applies if-- 26 (a) before the commencement, 2 persons (the applicants) 27 gave a notice (a notice of intention) under former 28 section 10 of their intention to enter into a civil 29 partnership; and 30 Page 18

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 2 Amendment of Civil Partnerships Act 2011 [s 24] (b) immediately before the commencement, the applicants 1 had not made a declaration of civil partnership under 2 former section 11. 3 `(2) On and from the commencement, the notice of intention is 4 taken to be an application under section 7 for registration of 5 the applicants' relationship as a registered relationship. 6 `(3) As soon as practicable after the commencement, the registrar 7 must give each of the applicants a written notice (the 8 registrar's notice) stating that-- 9 (a) the notice of intention is taken to be an application for 10 registration under section 7; and 11 (b) 1 or both of the applicants may withdraw the application 12 during the period ending 90 days after the day stated in 13 the registrar's notice (the notice period) by giving the 14 registrar a withdrawal notice in the approved form. 15 `(4) The applicants may, at any time during the notice period, give 16 the registrar a notice (a renewed intention notice) that they 17 intend to enter into a registered relationship. 18 `(5) A renewed intention notice must be signed by both applicants. 19 `(6) For section 8, the registration period is taken to be the notice 20 period. 21 `(7) Section 8(1) applies subject to subsection (8)(b). 22 `(8) Despite section 9, the registrar must register the relationship 23 under section 9(1)(a) or refuse to register the relationship 24 under section 9(1)(b)-- 25 (a) as soon as practicable after the end of the notice period; 26 or 27 (b) if the parties give the registrar a renewed intention 28 notice during the notice period--within 10 days after 29 the day on which the registrar receives the notice. 30 `42 Declaration under former s 11 31 `(1) This section applies if-- 32 Page 19

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 2 Amendment of Civil Partnerships Act 2011 [s 24] (a) before the commencement, 2 persons-- 1 (i) gave notice under former section 10 of their 2 intention to enter into a civil partnership; and 3 (ii) made a declaration of civil partnership under 4 former section 11; and 5 (b) immediately before the commencement, the registrar 6 had not registered the relationship as a civil partnership 7 under former section 12. 8 `(2) As soon as practicable after the commencement, the registrar 9 must register the relationship as a registered relationship 10 under section 9(1)(a) or refuse to register the relationship as a 11 registered relationship under section 9(1)(b). 12 `43 Review of decisions made before commencement 13 `(1) This section applies if-- 14 (a) before the commencement-- 15 (i) a person has applied for the review of a reviewable 16 decision mentioned in former schedule 1, item 1; 17 and 18 (ii) the review has not been completed; or 19 (b) on the commencement, the period within which a person 20 may apply for the review of a reviewable decision 21 mentioned in former schedule 1, item 1 has started but 22 not finished. 23 `(2) The Act as it was in force immediately before the 24 commencement continues to apply for the purpose of 25 completion of the review of the reviewable decision. 26 `(3) If QCAT makes an order setting aside the reviewable decision, 27 the relationship is taken to be registered as a registered 28 relationship under this Act. 29 `44 Void civil partnerships 30 `(1) This section applies to a civil partnership that-- 31 Page 20

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 2 Amendment of Civil Partnerships Act 2011 [s 24] (a) was entered into as mentioned in former section 6(b); 1 and 2 (b) is taken, on and from the commencement, to be a 3 registered relationship under section 38. 4 `(2) To remove any doubt, it is declared that the registered 5 relationship is void if either party did not freely enter into it 6 because the party was mistaken about the nature of the 7 declaration made under former section 11. 8 `45 Noncompliance with particular requirements under 9 former ss 10 and 11 10 `(1) This section applies to a civil partnership that-- 11 (a) was entered into as mentioned in former section 6(b); 12 and 13 (b) is taken, on and from the commencement, to be a 14 registered relationship under section 38. 15 `(2) On and from the commencement, the registered relationship is 16 not invalid only because-- 17 (a) a requirement about the form of the notice given under 18 former section 10 was not complied with; or 19 (b) the person to whom the parties gave notice under former 20 section 10 was not a civil partnership notary, if either 21 party believed at the time the notice was given that the 22 person was a civil partnership notary; or 23 (c) the person before whom the parties made the declaration 24 under former section 11 was not a civil partnership 25 notary, if either party believed at the time of making the 26 declaration that the person was a civil partnership 27 notary. 28 `46 References in Acts and documents to civil partnership 29 `A reference in an Act or document to a civil partnership or a 30 civil partner is, on and from the commencement and if the 31 Page 21

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 2 Amendment of Civil Partnerships Act 2011 [s 24] context permits, taken to be a reference to a registered 1 relationship or registered partner. 2 `47 Effect of regulation amendment 3 `The amendment of a regulation by the amending Act does 4 not affect the power of the Governor in Council to further 5 amend the regulation or to repeal it. 6 `48 Transitional regulation-making power 7 `(1) A regulation (a transitional regulation) may make provision 8 of a saving or transitional nature for which-- 9 (a) it is necessary to make provision to allow or facilitate 10 the doing of anything to achieve the transition from the 11 operation of the pre-amended Act to the operation of the 12 amended Act; and 13 (b) this Act does not make provision or sufficient provision. 14 `(2) Without limiting subsection (1), a transitional regulation may 15 continue the operation of a provision as it was in force 16 immediately before the commencement of the amending Act. 17 `(3) A transitional regulation may have retrospective operation to a 18 day that is not earlier than the day on which this section 19 commences. 20 `(4) A transitional regulation must declare it is a transitional 21 regulation. 22 `(5) This section and any transitional regulation expire 1 year after 23 the day on which this section commences. 24 `(6) In this section-- 25 amended Act means this Act as amended by the amending 26 Act. 27 pre-amended Act means this Act as in force before the 28 commencement of the amending Act.'. 29 Page 22

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 2 Amendment of Civil Partnerships Act 2011 [s 25] Clause 25 Amendment of sch 1 (Reviewable decisions) 1 (1) Schedule 1, item 1, column 2, `or 12(1)(b)'-- 2 omit. 3 (2) Schedule 1, item 1, column 3, `civil partnership'-- 4 omit, insert-- 5 `registered relationship'. 6 (3) Schedule 1, items 2 and 3-- 7 omit, insert-- 8 2 18(1)(b) refuse to register the applicant a termination application Clause 26 Amendment of sch 2 (Dictionary) 9 (1) Schedule 2, definitions accepted representations, civil 10 partnerships notary, cooling-off period, show cause notice 11 and show cause period-- 12 omit. 13 (2) Schedule 2-- 14 insert-- 15 `registration period, for a application made under section 7, 16 means the period ending 10 days after the application and 17 accompanying documents under section 7(2) are given to the 18 registrar. 19 termination application see section 15(1). 20 termination application period, for a termination application, 21 means the period ending 90 days after the termination 22 application and accompanying documents mentioned in 23 section 15 are given to the registrar.'. 24 Page 23

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 3 Amendment of Civil Partnerships Regulation 2012 [s 27] Part 3 Amendment of Civil 1 Partnerships Regulation 2012 2 Clause 27 Regulation amended 3 This part amends the Civil Partnerships Regulation 2012. 4 Clause 28 Amendment of s 1 (Short title) 5 Section 1, `Civil Partnerships'-- 6 omit, insert-- 7 `Relationships'. 8 Clause 29 Amendment of s 3 (Documents to prove identity 9 etc.--Act, ss 7 and 10) 10 (1) Section 3, heading, `and 10'-- 11 omit, insert-- 12 `and 15'. 13 (2) Section 3(1), `and 10'-- 14 omit, insert-- 15 `and 15'. 16 (3) Section 3(1)(a), `and 10(2)(b)'-- 17 omit, insert-- 18 `and 15(2)(c)'. 19 (4) Section 3(1)(b), `and 10(2)(c)'-- 20 omit, insert-- 21 `and 15(2)(c)'. 22 Clause 30 Amendment of s 4 (Civil partnerships under 23 corresponding laws--Act, s 33) 24 (1) Section 4, heading `Civil partnerships'-- 25 Page 24

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 4 Amendment of Births, Deaths and Marriages Registration Act 2003 [s 31] omit, insert-- 1 `Registered relationships'. 2 (2) Section 4(2), `civil partnership under the Act'-- 3 omit, insert-- 4 `registered relationship under the Act'. 5 Clause 31 Insertion of new s 5 6 After section 4-- 7 insert-- 8 `5 Fee for application for termination--Act, s 15 9 `For the Act, section 15(2)(b), the fee prescribed is $31.00.'. 10 Part 4 Amendment of Births, Deaths 11 and Marriages Registration Act 12 2003 13 Clause 32 Act amended 14 This part amends the Births, Deaths and Marriages 15 Registration Act 2003. 16 Clause 33 Replacement of pt 5A, hdg (Civil partnerships) 17 Part 5A, heading-- 18 omit, insert-- 19 `Part 5A Registered relationships'. 20 Clause 34 Amendment of s 25A (Registration of civil partnership) 21 (1) Section 25A, heading, `civil partnership'-- 22 Page 25

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 4 Amendment of Births, Deaths and Marriages Registration Act 2003 [s 35] omit, insert-- 1 `registered relationship'. 2 (2) Section 25A, `civil partnership'-- 3 omit, insert-- 4 `registered relationship'. 5 (3) Section 25A(1), `Civil Partnerships Act 2011, section 9 or 6 12.'-- 7 omit, insert-- 8 `Relationships Act 2011, section 9(1)(a).'. 9 Clause 35 Amendment of s 25B (How civil partnerships are 10 registered) 11 (1) Section 25B, heading, `civil partnerships'-- 12 omit, insert-- 13 `registered relationships'. 14 (2) Section 25B(1) and (2), `civil partnership'-- 15 omit, insert-- 16 `registered relationship'. 17 (3) Section 25B(1), `Civil Partnerships Act 2011, section 9 or 18 12.'-- 19 `Relationships Act 2011, section 9(1)(a).'. 20 (4) Section 25B(3) and (4)-- 21 omit. 22 Clause 36 Amendment of s 25C (Civil partnership--particulars of 23 termination) 24 (1) Section 25C, heading `Civil partnership'-- 25 omit, insert-- 26 `Registered relationship'. 27 Page 26

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 5 Amendment of Births, Deaths and Marriages Registration Regulation 2003 [s 37] (2) Section 25C(1) `civil partnership'-- 1 omit, insert-- 2 `registered relationship'. 3 (3) Section 25C(1), `Civil Partnerships Act 2011'-- 4 omit, insert-- 5 `Relationships Act 2011'. 6 Clause 37 Insertion of new pt 9, div 6 7 After section 64-- 8 insert-- 9 `Division 6 Transitional provision for Civil 10 Partnerships and Other Legislation 11 Amendment Act 2012 12 `65 References in documents to civil partnership 13 `(1) A reference in a document issued under this Act to a civil 14 partnership is, on and from the commencement and if the 15 context permits, taken to be a reference to a registered 16 relationship. 17 `(2) In this section-- 18 commencement means the commencement of this section.'. 19 Part 5 Amendment of Births, Deaths 20 and Marriages Registration 21 Regulation 2003 22 Clause 38 Regulation amended 23 This part amends the Births, Deaths and Marriages 24 Registration Regulation 2003. 25 Page 27

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 5 Amendment of Births, Deaths and Marriages Registration Regulation 2003 [s 39] Clause 39 Amendment of s 13 (Information and documents for 1 registering events in register--Act, ss 41, 41D or 41E) 2 Section 13(1)(d), `civil partnership'-- 3 omit, insert-- 4 `registered relationship'. 5 Clause 40 Replacement of s 13A (Particulars for registration of civil 6 partnership--Act, s 25B) 7 Section 13A-- 8 omit, insert-- 9 `13A Particulars for registration of registered 10 relationship--Act s 25B 11 `For the Act, section 25B(2), the following particulars are 12 prescribed for a registered relationship entered into as 13 mentioned in the Relationships Act 2011, section 6-- 14 (a) each party's-- 15 (i) full name; and 16 (ii) date of birth; and 17 (iii) place of birth; and 18 (iv) sex; and 19 (v) relationship status before entering into the 20 registered relationship; and 21 (vi) usual residential address; 22 (b) the full name of each parent of each party; 23 (c) the registrar's name; 24 (d) the registration number; 25 (e) the date and place of registration.'. 26 Page 28

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 5 Amendment of Births, Deaths and Marriages Registration Regulation 2003 [s 41] Clause 41 Replacement of s 13B (Particulars of termination to be 1 included in register--Act, s 25C) 2 Section 13B-- 3 omit, insert-- 4 `13B Particulars of termination to be included in the 5 register--Act, s 25C 6 `For the Act, section 25C(2), the following particulars are 7 prescribed-- 8 (a) the registrar's name; 9 (b) the date and place of termination.'. 10 Clause 42 Amendment of s 15 (Information that may be obtained 11 from the register--Act, s 44) 12 (1) Section 15(3)(e) and (5)(a), `civil partnership'-- 13 omit, insert-- 14 `registered relationship'. 15 (2) Section 15(3)-- 16 insert-- 17 `(f) for a civil partnership registered under section 12 of the 18 Relationships Act 2011 as in force immediately before 19 the commencement of the Civil Partnerships and Other 20 Legislation Amendment Act 2012, the following 21 information in addition to the information mentioned in 22 schedule 2, part 5-- 23 (i) the date on which the parties made the declaration 24 mentioned in section 11 of the Relationships Act 25 2011 as in force immediately before the 26 commencement of the Civil Partnerships and 27 Other Legislation Amendment Act 2012; 28 (ii) the place where the parties made the declaration.'. 29 Page 29

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 5 Amendment of Births, Deaths and Marriages Registration Regulation 2003 [s 43] Clause 43 Replacement of s 17B (Information for commemorative 1 civil partnership certificate) 2 Section 17B-- 3 omit, insert-- 4 `17B Information for commemorative registered relationship 5 certificate 6 `(1) The following information is prescribed for a commemorative 7 registered relationship certificate, to the extent that the 8 information is recorded in, or able to be worked out from, the 9 entry in the register-- 10 (a) the current full name in the register of each party to the 11 registered relationship; 12 (b) the date and place of registration; 13 (c) the registration number. 14 `(2) For a registered relationship that was registered as a civil 15 partnership under section 12 of the Relationships Act 2011 as 16 in force immediately before the commencement of the Civil 17 Partnerships and Other Legislation Amendment Act 2012, the 18 following information is prescribed in addition to the 19 information mentioned in subsection (1)-- 20 (a) the date on which the parties made the declaration 21 mentioned in section 11 of the Relationships Act 2011 22 as in force immediately before the commencement of 23 the Civil Partnerships and Other Legislation 24 Amendment Act 2012; and 25 (b) the place where the parties made the declaration.'. 26 Clause 44 Replacement of s 18A (Information to be contained in 27 civil partnership extract) 28 Section 18A-- 29 omit, insert-- 30 Page 30

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 5 Amendment of Births, Deaths and Marriages Registration Regulation 2003 [s 45] `18A Information to be contained in registered relationship 1 extract 2 `(1) The following information is prescribed for a registered 3 relationship extract-- 4 (a) the current full name in the register of each party to the 5 registered relationship; 6 (b) the date and place of registration; 7 (c) the registration number; 8 (d) if the registered relationship has been terminated under 9 the Relationships Act 2011, section 19--the particulars 10 of the termination recorded in the register under the Act, 11 section 25C(2). 12 `(2) For a registered relationship that was registered as a civil 13 partnership under section 12 of the Relationships Act 2011 as 14 in force immediately before the commencement of the Civil 15 Partnerships and Other Legislation Amendment Act 2012, the 16 following information is prescribed in addition to the 17 information mentioned in subsection (1)-- 18 (a) the date on which the parties made the declaration 19 mentioned in section 11 of the Relationships Act 2011 20 as in force immediately before the commencement of 21 the Civil Partnerships and Other Legislation 22 Amendment Act 2012; 23 (b) the place where the parties made the declaration.'. 24 Clause 45 Amendment of sch 1 (Application information) 25 (1) Schedule 1, part 1, item 7-- 26 omit, insert-- 27 `7 If the child's parents are in a registered relationship with each 28 other-- 29 (a) if the parents' relationship is a relationship that is taken 30 to be registered as a registered relationship under the 31 Relationships Act 2011, section 33--the date and place 32 Page 31

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 5 Amendment of Births, Deaths and Marriages Registration Regulation 2003 [s 46] where the registered relationship was entered into under 1 the relevant corresponding law; or 2 (b) otherwise--the date and place of registration.'. 3 (2) Schedule 1, part 3, item 3-- 4 omit, insert-- 5 `3 If the deceased person was ever in a registered relationship-- 6 (a) the name of each registered partner; and 7 (b) the deceased person's age at the time each registered 8 relationship was registered; and 9 (c) the place where-- 10 (i) for a relationship that is taken to be registered as a 11 registered relationship under the Relationships Act 12 2011, section 33--the relationship was entered 13 into under the relevant corresponding law; or 14 (ii) otherwise--the relationship was registered.'. 15 (3) Schedule 1, part 4, heading, `Civil partnerships'-- 16 omit, insert-- 17 `Registered relationships'. 18 (4) Schedule 1, part 4, item 1(e), `civil partnership'-- 19 omit, insert-- 20 `registered relationship'. 21 Clause 46 Amendment of sch 2 (Information for certificates) 22 (1) Schedule 2, part 4, item 1(h), `civil partnership'-- 23 omit, insert-- 24 `registered relationship'. 25 (2) Schedule 2, part 4, item 3-- 26 omit, insert-- 27 `3 If the deceased person was ever in a registered relationship-- 28 Page 32

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 6 Amendment of Corrective Services Act 2006 [s 47] (a) the name of each registered partner; and 1 (b) the deceased person's age at the time each registered 2 relationship was registered; and 3 (c) the place where-- 4 (i) for a relationship that is taken to be registered as a 5 registered relationship under the Relationships Act 6 2011, section 33--the relationship was entered 7 into under the relevant corresponding law; or 8 (ii) otherwise--the relationship was registered.'. 9 (3) Schedule 2, part 5, heading, `Civil partnerships'-- 10 omit, insert-- 11 `Registered relationships'. 12 (4) Schedule 2, part 5, item 1(e), `civil partnership'-- 13 omit, insert-- 14 `registered relationship'. 15 (5) Schedule 2, part 5, item 5-- 16 omit. 17 (6) Schedule 2, part 5, items 6 to 8-- 18 renumber as items 5 to 7. 19 Part 6 Amendment of Corrective 20 Services Act 2006 21 Clause 47 Act amended 22 This part amends the Corrective Services Act 2006. 23 Clause 48 Replacement of s 26A (Civil partnerships) 24 Section 26A-- 25 Page 33

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 7 Amendment of Duties Act 2001 [s 49] omit, insert-- 1 `26A Registered relationships 2 `A person in the chief executive's custody must give the chief 3 executive written notice before applying under the 4 Relationships Act 2011, section 7 for registration of a 5 relationship as a registered relationship. 6 Maximum penalty--20 penalty units.'. 7 Part 7 Amendment of Duties Act 2001 8 Clause 49 Act amended 9 This part amends the Duties Act 2001. 10 Clause 50 Amendment of s 151 (Exemption--particular residences) 11 Section 151(1), `civil partnership'-- 12 omit, insert-- 13 `registered relationship'. 14 Clause 51 Amendment of sch 6 (Dictionary) 15 Schedule 6-- 16 insert-- 17 `spouse includes de facto partner and registered partner.'. 18 Page 34

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 8 Amendment of Governors (Salary and Pensions) Act 2003 [s 52] Part 8 Amendment of Governors 1 (Salary and Pensions) Act 2003 2 Clause 52 Act amended 3 This part amends the Governors (Salary and Pensions) Act 4 2003. 5 Clause 53 Amendment of schedule (Dictionary) 6 Schedule, definition surviving partner, paragraph (a), after 7 `married to'-- 8 insert-- 9 `, or in a registered relationship with,'. 10 Part 9 Amendment of Succession Act 11 1981 12 Clause 54 Act amended 13 This part amends the Succession Act 1981. 14 Clause 55 Amendment of s 5AA (Who is a person's spouse) 15 (1) Section 5AA(1) and (2), `civil partner'-- 16 omit, insert-- 17 `registered partner'. 18 (2) Section 5AA(4), definition dependent former husband or wife 19 or civil partner-- 20 omit, insert-- 21 `dependent former husband or wife or registered partner, of 22 a deceased person, means-- 23 Page 35

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 9 Amendment of Succession Act 1981 [s 56] (a) a person who-- 1 (i) was divorced by or from the deceased at any time, 2 whether before or after the commencement of this 3 Act; and 4 (ii) had not remarried or entered into a registered 5 relationship with another person before the 6 deceased's death; and 7 (iii) was on the deceased's death receiving, or entitled 8 to receive, maintenance from the deceased; or 9 (b) a person who-- 10 (i) was in a registered relationship with the deceased 11 that was terminated under the Relationships Act 12 2011, section 19; and 13 (ii) had not married or entered into another registered 14 relationship before the deceased's death; and 15 (iii) was on the deceased's death receiving, or entitled 16 to receive, maintenance from the deceased.'. 17 Clause 56 Amendment of s 13 (How a will may be revoked) 18 Section 13(a) `14 or 15'-- 19 omit, insert-- 20 `14, 14A, 15 or 15A'. 21 Clause 57 Amendment of s 14A (Effect of civil partnership on a will) 22 (1) Section 14A, heading, `civil partnership'-- 23 omit, insert-- 24 `registered relationship'. 25 (2) Section 14A, `civil partnership'-- 26 omit, insert-- 27 `registered relationship'. 28 Page 36

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 9 Amendment of Succession Act 1981 [s 58] Clause 58 Amendment of s 15A (Effect of end of civil partnership on 1 a will) 2 (1) Section 15A, heading, `civil partnership'-- 3 omit, insert-- 4 `registered relationship'. 5 (2) Section 15A(1) and (2), `civil partnership'-- 6 omit, insert-- 7 `registered relationship'. 8 (3) Section 15A(1), (2) and (4), `civil partner'-- 9 omit, insert-- 10 `registered partner'. 11 (4) Section 15A(2)(a), `civil partner's'-- 12 omit, insert-- 13 `registered partner's'. 14 (5) Section 15A(5), definitions civil partner, former civil partner, 15 termination and void-- 16 omit. 17 (6) Section 15A(5)-- 18 insert-- 19 `former registered partner, in relation to a testator, means the 20 person who was the registered partner of the testator 21 immediately before the termination of the testator's registered 22 relationship or the finding that the registered relationship is 23 void. 24 registered partner includes a party to a purported or void 25 registered relationship. 26 termination, of a registered relationship, means termination 27 under the Relationships Act 2011, section 19. 28 void means void under the Relationships Act 2011, section 29 30.'. 30 Page 37

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Part 10 Other amendments [s 59] Part 10 Other amendments 1 Clause 59 Schedule amendments 2 (1) Each provision of an Act or regulation listed in the schedule, 3 part 1 is amended by omitting `Civil Partnerships Act 2011' 4 and inserting `Relationships Act 2011'. 5 (2) Each provision of an Act or regulation listed in the schedule, 6 part 2 is amended by omitting `civil partnership' or `Civil 7 partnership' and inserting `registered relationship' or 8 `Registered relationship'. 9 (3) Each provision of an Act listed in the schedule, part 3 is 10 amended by omitting `civil partner' and inserting `registered 11 partner'. 12 Page 38

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Schedule Schedule Consequential amendments 1 section 59 2 Part 1 References to Civil 3 Partnerships Act 2011 4 1 Acts Interpretation Act 1954 5 section 36, definition civil partnership 6 2 Guardianship and Administration Act 2000 7 section 26(1)(d) 8 3 Powers of Attorney Act 1998 9 section 53A(1)(b) 10 4 Queensland Civil and Administrative Tribunal Regulation 11 2009 12 schedule 1, part 1 13 5 Workers' Compensation and Rehabilitation Regulation 14 2003 15 section 111(2)(a)(ii)(C) 16 Page 39

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Schedule Part 2 References to civil partnership 1 6 Acts Interpretation Act 1954 2 section 36, definitions civil partner and civil partnership 3 7 Body Corporate and Community Management Act 1997 4 section 309(2)(a) 5 8 First Home Owner Grant Act 2000 6 section 9(3)(ii) and (4) 7 9 Guardianship and Administration Act 2000 8 section 26(1)(d) 9 schedule 2, part 2, section 3(f) and (g) 10 10 Integrated Resort Development Act 1987 11 section 179D(2)(a) 12 11 Judges (Pensions and Long Leave) Act 1957 13 section 8(2)(b) 14 12 Personal Injuries Proceedings Regulation 2002 15 section 3(7)(a)(iii)(B) 16 13 Powers of Attorney Act 1998 17 section 52A 18 section 53A, heading 19 section 53A(1)(b) 20 schedule 2, part 2, section 3(f) and (g) 21 Page 40

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Schedule 14 Sanctuary Cove Resort Act 1985 1 section 104D(2)(a) 2 15 Status of Children Act 1978 3 section 8(1)(a) 4 section 15(1) and (3) 5 16 Supreme Court Act 1995 6 section 23A(7), definition relationship, paragraph (c) 7 17 Workers' Compensation and Rehabilitation Regulation 8 2003 9 section 111(2)(a) 10 Part 3 References to civil partner 11 18 Acts Interpretation Act 1954 12 section 36, definitions civil partner and spouse 13 19 Anti-Discrimination Act 1991 14 section 31(f)(iii) 15 schedule, definition relationship status, paragraph (g) 16 20 Electrical Safety Act 2002 17 schedule 2, definition spouse 18 21 First Home Owner Grant Act 2000 19 section 9(1)(c) 20 Page 41

 


 

Civil Partnerships and Other Legislation Amendment Bill 2012 Schedule 22 Judges (Pensions and Long Leave) Act 1957 1 section 8(2)(b) 2 23 Land Tax Act 2010 3 schedule 4, definition spouse 4 24 Payroll Tax Act 1971 5 section 74D(2), definition spouse 6 25 Powers of Attorney Act 1998 7 section 52A 8 section 53A(2) 9 26 Public Trustee Act 1978 10 section 94(5)(b) 11 section 107(5)(b) 12 27 Status of Children Act 1978 13 section 19B(b) 14 section 20(b) and (d) 15 28 Surrogacy Act 2010 16 section 7(2), note 2 17 State of Queensland 2012 Page 42

 


[Index] [Search] [Download] [Related Items] [Help]