Family F2019L00280
Registered relationships: Acts Interpretation (Registered Relationships) Regulations 2019
These regulations prescribe the State and Territory relationship laws, and the kinds of relationship registered under them, that count as a registered relationship under section 2E of the Acts Interpretation Act 1901.
The Acts Interpretation (Registered Relationships) Regulations 2019 were made on 7 March 2019 by the Governor-General, on the advice of the Federal Executive Council, under the Acts Interpretation Act 1901. The commencement table in section 2 provides that the whole instrument commences the day after registration and records the date as 13 March 2019. Schedule 1 repealed the Acts Interpretation (Registered Relationships) Regulations 2008.
The explanatory statement records that the 2008 Regulations were due to sunset on 1 April 2019 and that the 2019 Regulations remake them. It explains that, under paragraph 2D(a) of the Act, a person is a de facto partner of another person if they are in a registered relationship under section 2E, and that registration of a prescribed kind of relationship under a prescribed law will provide conclusive proof
that a person is another person’s de facto partner in Commonwealth legislation, unless that legislation provides otherwise.
The prescribed laws and relationships
Section 5 prescribes each law in column 1 and the kind of relationship in column 2 for the purposes of section 2E.
| Item | Law | Kind of relationship |
|---|---|---|
| 1 | Relationships Register Act 2010 (NSW) | A relationship that may be registered in accordance with Part 2 of that Act |
| 2 | Relationships Act 2008 (Vic.) | A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act |
| 3 | Civil Partnerships Act 2011 (Qld) | A relationship that may be entered into in accordance with sections 4 and 5 of that Act |
| 4 | Relationships Register Act 2016 (SA) | A relationship that may be registered in accordance with Part 2 of that Act |
| 5 | Relationships Act 2003 (Tas.) | A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act |
| 6 | Domestic Relationships Act 1994 (ACT) | A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act |
| 7 | Births, Deaths and Marriages Registration Act 1997 (ACT) | A civil union that must be registered under section 32A of that Act |
The table names laws of New South Wales, Victoria, Queensland, South Australia, Tasmania and the Australian Capital Territory. No item names a law of Western Australia or the Northern Territory.
Changes from the 2008 Regulations
The explanatory statement records two drafting changes. The New South Wales and Victorian items now separate the law from the kind of relationship, as section 2E does. The Australian Capital Territory civil union item now refers to section 32A of the Births, Deaths and Marriages Registration Act 1997 (ACT), because civil unions entered into under the Civil Unions Act 2012 (ACT) are registered under Part 5A of that Act. The statement records that the 2019 Regulations were intended to apply to the same cohorts as the 2008 Regulations, with no change to the status of any couple’s relationship under section 2E.
Questions and answers
Which relationship registers are prescribed?
The seven laws in the table in section 5: the NSW, South Australian and Tasmanian relationship registers, the Victorian Relationships Act 2008, the Queensland Civil Partnerships Act 2011, and two ACT laws covering civil partnerships and civil unions.
What does a registered relationship prove?
The explanatory statement records that registration of a prescribed kind of relationship under a prescribed law provides conclusive proof that a person is another person’s de facto partner for Commonwealth legislation that uses the Acts Interpretation Act 1901 definition, unless that legislation provides otherwise.
When did the 2019 Regulations commence?
Section 2 provides for commencement on the day after registration, and its commencement table records the date as 13 March 2019.
Sources
- Acts Interpretation (Registered Relationships) Regulations 2019, F2019L00280, Federal Register of Legislation
- Explanatory statement to the Acts Interpretation (Registered Relationships) Regulations 2019, F2019L00280
- Acts Interpretation (Registered Relationships) Regulations 2008, F2008L04610
Instruments are amended and replaced. The version that applies to an application is usually the one in force on a particular date, which may not be the current one.
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