Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
Schedule 1 Consequential amendments
(see s 29)
Part 1.1 Administration and Probate Act 1929
[1.1] Section 44 (1), definition of eligible partner
after
spouse
insert
or civil union partner
[1.2] Section 44 (1), definition of partner , paragraph (a)
after
spouse
insert
or civil union partner
after
spouse
insert
or civil union partner
after
married
insert
or in a civil union
after
marrying
insert
or entering into a civil union
after
married
insert
or entered into a civil union
[1.7] Section 49BA (4) (c) (i)
after
spouse
insert
or civil union partner
Part 1.2 Adoption Act 1993
[1.8] Section 13 heading
substitute
13 Child married or in civil union
[1.9] Section 13
after
married
insert
or in a civil union
[1.10] Section 18 (1) (b)
omit
, whether married or not,
substitute
, whether or not married or in a civil union,
[1.11] Section 18 (4) (a)
substitute
(a) married or in a civil union and not living separately and apart from his or her spouse or civil union partner; or
Part 1.3 Adoption Regulation 1993
[1.12] Section 11 (b) (viii) and (ix)
substitute
(viii) if married or in a civil union—date and place of marriage or civil union;
(ix) if not married or in a civil union—whether in another domestic partnership or single;
Part 1.4 Births, Deaths and Marriages Registration Act 1997
after
marriages
insert
, civil unions
[1.14] Section 4 , definition of adult , paragraph (b)
after
married
insert
or in a civil union
[1.15] Section 16 (3) (b)
after
marriage
insert
or civil union
[1.16] Section 24 (1) (d)
omit
insert
Part 5A Registration of civil unions
32A When registration of civil union is required
If a civil union is entered into under the Civil Unions Act 2006 , section 11, the civil union must be registered under this Act.
32B How civil unions are registered
(1) If a civil union is entered into before the registrar-general, the registrar-general must register the civil union by including in the register the particulars of the civil union prescribed by regulation.
(2) If a civil union is entered into before another civil union celebrant, the celebrant must give the following to the registrar-general not later than 2 weeks after the day the civil union is entered into:
(a) written notice of the civil union;
(b) the notice given to the celebrant under the Civil Unions Act 2006 , section 9 (Notice of intention to enter into civil union) for the civil union.
Maximum penalty: 5 penalty units.
Note If a form is approved under s 69 for this provision, the form must be used.
(3) If a notice is given to the registrar-general under subsection (2), the registrar-general must register the civil union by including in the register the particulars of the civil union prescribed by regulation.
(4) An offence against this section is a strict liability offence.
32C Termination of civil union
(1) This section applies if a civil union is terminated—
(a) by notice given under the Civil Unions Act 2006 , section 13 (Termination by parties); or
(b) by court order made under that Act, section 14 (Termination by court order).
(2) The registrar-general must include in the register the particulars of the termination prescribed by regulation.
(3) Also, for a civil union terminated as mentioned in subsection (1) (a), the registrar-general must give each party to the civil union written notice that the civil union terminated on the date stated in the notice.
(4) For subsection (3), it is sufficient if the registrar-general sends the notice to the address for each party that is last known to the registrar.
[1.18] Dictionary, note 2, new dot point
insert
• civil union
[1.19] Dictionary, definition of registrable event
after
marriage,
insert
civil union,
Part 1.5 Births, Deaths and Marriages Registration Regulation 1998
[1.20] Section 5 (k)
substitute
(k) if the parents of the child are married or in a civil union—the date and place of the marriage or civil union;
[1.21] Section 6 (1) (e)
omit
[1.22] Section 7 (b)
substitute
(b) a spouse or civil union partner, or former spouse or civil union partner, of the transsexual person;
[1.23] Section 9 (g) (i)
substitute
(i) if the deceased had been married or in a civil union—the date and place of each marriage and civil union; and
Part 1.6 Civil Law (Wrongs) Act 2002
[1.24] Section 23 , definition of member , paragraph (g)
after
spouse
insert
or civil union partner
Part 1.7 Crimes Act 1900
after
marriage
insert
, civil union
[1.26] Dictionary, note 2, new dot point
insert
• civil union
[1.27] Dictionary, definition of relative
omit
Part 1.8 Crimes (Restorative Justice) Act 2004
omit
domestic relationship
substitute
personal relationship
[1.29] Section 44 (4), definition of domestic relationship
substitute
"personal relationship"—see the Relationships Act 1994 , section 3.
Part 1.9 Discrimination Act 1991
[1.30] Dictionary, note 2, new dot point
insert
• civil union
[1.31] Dictionary, new definition of affinity
insert
"affinity" means affinity derived through marriage, civil union or any other domestic partnership.
[1.32] Dictionary, definition of relationship status , new paragraphs (ca) and (cb)
insert
(ca) in a civil union; or
(cb) in a civil union but living separately and apart from one's civil union partner; or
[1.33] Dictionary, definition of relationship status , paragraph (f)
after
spouse
insert
or civil union partner
[1.34] Dictionary, definition of relative , paragraph (a)
omit
marriage,
Part 1.10 Domestic Relationships Act 1994
substitute
An Act to make provision in relation to certain personal relationships
[1.36] Section 1
substitute
1 Name of Act
This Act is the Relationships Act 1994 .
[1.37] Section 3 (1), definitions of domestic relationship and domestic relationship agreement
omit
[1.38] Section 3 (1), new definitions of personal relationship and personal relationship agreement
insert
"personal relationship "means a relationship between 2 people who are at least 16 years old in which one provides personal or financial commitment and support of a domestic nature for the material benefit of the other, and includes a domestic partnership other than a marriage.
Note For the meaning of domestic partnership , see the Legislation Act, s 169. It includes a civil union.
"personal relationship agreement" means—
(a) an agreement between 2 people that—
(i) is made in contemplation of their entering into a personal relationship or while they are in a personal relationship; and
(ii) makes provision in relation to financial matters; or
(b) an agreement that varies an agreement mentioned in paragraph (a);
regardless of when it is made, whether there are other parties to it or whether it makes provision in relation to non-financial matters.
[1.39] Section 3 (2) (a) and (b)
omit
personal
[1.40] Section 12 (1)
substitute
(1) A court must not make an order under this part in relation to a personal relationship (other than a civil union) unless satisfied that the personal relationship has existed between the applicant and respondent for not less than 2 years.
[1.41] Section 12 (2)
omit
If
substitute
However, if
[1.42] Further amendments, references to domestic relationship
omit
domestic relationship
substitute
personal relationship
in
• section 3 (1), definition of financial matters
• section 3 (1), definition of financial resources
• section 3 (1), definition of property
• section 3 (1), definition of termination agreement
• section 3 (2), (3), (4) and (5)
• section 6 (1) (a)
• section 11 (1) (a)
• section 13 (1)
• section 15 (1)
• section 19 (1)
• section 22 (3) (b)
• section 24 (2)
• part 4 heading
• section 31
• section 33 (1) (a) and (2)
• section 38
• section 40 (1) and (3)
Part 1.11 Domestic Violence and Protection Orders Act 2001
after
spouse
insert
or civil union partner
omit
legally married to
substitute
married to or in a civil union with
substitute
Note For the meaning of domestic partner , see the Legislation Act, s 169.
For ACT law, a person acquires relatives through civil union in the same way as they acquire them through marriage (see the Civil Unions Act 2006 ).
Part 1.12 Duties Act 1999
substitute
Note The dictionary defines partner as a person's spouse or someone with whom the person has a personal relationship. Personal relationship is defined in the dictionary to have the same meaning as in the Relationships Act 1994 , s 3.
substitute
Note The dictionary defines partner as a person's spouse or someone with whom the person has a personal relationship. Personal relationship is defined in the dictionary to have the same meaning as in the Relationships Act 1994 , s 3.
substitute
(5) For subsection (3) (c), in deciding whether a transfer under a personal relationship agreement is consequent on the end of a relationship, the commissioner must have regard to any statutory declaration made by a party to the relationship to the effect that—
(a) the relationship has ended; or
(b) if the relationship is a civil union—the party has given, or intends to give, a termination notice to the registrar-general under the Civil Unions Act 2006 , section 13.
substitute
Note The dictionary defines partner as a person's spouse or someone with whom the person has a personal relationship. Personal relationship is defined in the dictionary to have the same meaning as in the Relationships Act 1994 , s 3.
substitute
(5) For subsection (3) (c), in deciding whether a transaction under a personal relationship agreement is consequent on the end of a relationship, the commissioner must have regard to any statutory declaration made by a party to the relationship to the effect that—
(a) the relationship has ended; or
(b) if the relationship is a civil union—the party has given, or intends to give, a termination notice to the registrar-general under the Civil Unions Act 2006 , section 13.
substitute
Note The dictionary defines partner as a person's spouse or someone with whom the person has a personal relationship. Personal relationship is defined in the dictionary to have the same meaning as in the Relationships Act 1994 , s 3.
substitute
(5) For subsection (3) (c), in deciding whether a transfer under a personal relationship agreement is consequent on the end of a relationship, the commissioner must have regard to any statutory declaration made by a party to the relationship to the effect that—
(a) the relationship has ended; or
(b) if the relationship is a civil union—the party has given, or intends to give, a termination notice to the registrar-general under the Civil Unions Act 2006 , section 13.
[1.53] Dictionary, note 2, new dot point
insert
• civil union
omit
• domestic relationship (see s 169 (2))
[1.55] Dictionary, definition of domestic relationship
omit
[1.56] Dictionary, new definition of personal relationship
insert
"personal relationship"—see the Relationships Act 1994 , section 3.
[1.57] Further amendments, references to domestic relationship
omit
domestic relationship
substitute
personal relationship
in
• section 17 (7)
• section 74A (b)
• section 74B (3)
• section 115H (3)
• section 213 (3)
• section 252 (1) (e), (i) and (x)
• dictionary, definition of "partner", paragraph (b)
• dictionary, definition of relationship property
[1.58] Further amendments, references to Domestic Relationships Act 1994
omit
Domestic Relationships Act 1994
substitute
Relationships Act 1994
in
• section 17 (7)
• section 74A (b)
• section 74B (3)
• section 115H (3)
• section 213 (3)
Part 1.13 Evidence Act 1971
[1.59] Section 13
omit
Part 1.14 Family Provision Act 1969
[1.60] Section 7 (1) (b)
omit
domestic relationship
substitute
personal relationship
[1.61] Section 7 (9), definition of domestic relationship
omit
[1.62] Section 7 (9), definition of partner , paragraph (b) (i)
after
spouse
insert
or civil union partner
[1.63] Section 7 (9), new definition of personal relationship
insert
"personal relationship"—see the Relationships Act 1994 , section 3.
[1.64] Section 8 (3) (i)
omit
Domestic Relationships Act 1994
substitute
Relationships Act 1994
Part 1.15 First Home Owner Grant Act 2000
[1.65] Section 6 (2)
omit
the person to whom an applicant is legally married
substitute
if the applicant is married or in a civil union, the applicant's spouse or civil union partner
[1.66] Dictionary, note 2, new dot point
insert
• civil union
Part 1.16 Guardianship and Management of Property Act 1991
after
marriage
insert
or civil union
Part 1.17 Instruments Act 1933
[1.68] Section 8, definition of bill of sale
after
marriage
insert
or civil union
Part 1.18 Land (Planning and Environment) Act 1991
[1.69] Section 180 (1) (b) (iii)
substitute
(iii) an order under the Relationships Act 1994, part 3.2 adjusting the property interests of the parties in a personal relationship; or
Part 1.19 Land Titles Act 1925
[1.70] Section 6 (1), definition of transmission
omit
or marriage
substitute
, marriage or civil union
Part 1.20 Legal Aid Act 1977
[1.71] Section 10 (1) (i)
omit
marriage counsellors
substitute
relationship counsellors
Part 1.21 Legislation Act 2001
after
spouse
insert
or civil union partner
insert
(3) In an Act or statutory instrument, a reference to a domestic partnership includes a reference to a marriage and a civil union.
[1.74] Dictionary, part 1, new definition of civil union
insert
"civil union" means a civil union under the Civil Unions Act 2006 .
Part 1.22 Married Persons Property Act 1986
omit
married persons
substitute
people who are married or in a civil union
[1.76] Section 9 heading
substitute
9 Transfer of property to spouse, civil union partner or child
[1.77] Section 9 (2) (a)
omit
husband and his wife
substitute
person and the person's spouse or civil union partner
[1.78] Section 9 (2)
after
spouse
insert
or civil union partner
[1.79] Section 10 heading
substitute
10 Purchase or transfer of property before marriage or civil union
[1.80] Section 10 (1)
after
marriage to
insert
or civil union with
[1.81] Section 10 (1) (a)
after
marriage
insert
or civil union
[1.82] Section 10 (1) (b)
omit
marriage of the transferor to the transferee
substitute
marriage or civil union
[1.83] Section 10 (2)
after
marriage to
insert
or civil union with
[1.84] Section 10 (2) (a)
after
marriage
insert
or civil union
[1.85] Section 10 (2) (b)
omit
marriage of the transferor to the transferee
insert
marriage or civil union
[1.86] Section 10 (3) (a)
after
marriage to
insert
or civil union with
[1.87] Section 10 (3) (c)
after
marriage
insert
or civil union
[1.88] Section 10 (3) (d)
omit
marriage of those persons
insert
marriage or civil union
[1.89] Section 11
omit
married person
substitute
person who is married or in a civil union
[1.90] Section 11
after
spouse
insert
or civil union partner
[1.91] Section 12 heading
substitute
12 Beneficiaries who are married or in civil union
[1.92] Section 12
omit
husband and his wife
substitute
person and his or her spouse or civil union partner
[1.93] Section 13
substitute
13 Applications to decide property disputes
(1) This section applies if any question arises between a person and his or her spouse or civil union partner in relation to the title to, or possession or disposition of, any property (including any question in relation to the investment by one of them of money of the other without the consent of the other).
(2) The person, or a third party on whom conflicting claims are being or are expected to be made by the person and his or her spouse or civil union partner in relation to any property, may apply to the court to hear and decide the question.
substitute
(5) If an application under section 13 relates to money of the spouse or civil union partner of a person that was invested by the person without the consent of the spouse or civil union partner, the court may order that the amount of the money and any interest, dividend or other profit derived from the money be paid to the spouse or civil union partner.
Part 1.23 Parentage Act 2004
[1.95] Section 7 heading
substitute
7 Presumptions arising from marriage or civil union
[1.96] Section 7 (1)
after
married
insert
or in a civil union
[1.97] Section 7 (1)
omit
husband
substitute
spouse or civil union partner
[1.98] Section 7 (2)
omit
husband
substitute
spouse or civil union partner
[1.99] Section 7 (3)
omit
husband
substitute
spouse
[1.100] Section 7 (4)
omit
dissolution of her marriage
substitute
end of her marriage or civil union
[1.101] Section 7 (4)
omit
husband in that marriage
substitute
spouse or partner in that marriage or civil union
after
married to
insert
or in a civil union with
[1.103] Section 38 (5), definition of affinity
after
marriage
insert
, civil union
Part 1.24 Perpetuities and Accumulations Act 1985
[1.104] Section 14 (1) (c)
omit
spouses, de facto spouses,
Part 1.25 Powers of Attorney Act 1956
[1.105] Dictionary, note 2, new dot point
insert
• civil union
[1.106] Dictionary, new definition of affinity
insert
"affinity" means affinity derived through marriage, civil union or any other domestic partnership.
[1.107] Dictionary, definition of relative , paragraph (a)
omit
blood, adoption or marriage
substitute
blood, affinity or adoption
Part 1.26 Rates Act 2004
[1.108] Section 45, definition of domestic relationship
omit
[1.109] Section 45, definition of partner
substitute
"partner"—a person's partner is either of the following:
(a) the person's spouse or civil union partner;
(b) someone with whom the person has a personal relationship.
[1.110] Section 45, definition of pensioner , note for par (d), (e) and (f)
after
spouses
insert
or civil union partners
[1.111] Section 45, definition of pensioner , note for par (d), (e) and (f)
omit
domestic relationships within the meaning of the Domestic Relationships Act 1994 , s 3 (1).
substitute
personal relationships within the meaning of the Relationships Act 1994 , s 3.
[1.112] Section 45, new definition of personal relationship
insert
"personal relationship"—see the Relationships Act 1994 , section 3.
[1.113] Dictionary, definition of domestic relationship
omit
[1.114] Dictionary, new definition of personal relationship
insert
"personal relationship", for part 7 (Deferral and rebates)—see section 45.
Part 1.27 Sale of Motor Vehicles Act 1977
omit
or marriage
substitute
, marriage or civil union
[1.116] Dictionary, note 2, new dot point
insert
• civil union
Part 1.28 Testamentary Guardianship Act 1984
[1.117] Section 2 (1), definition of child
after
married
insert
or in a civil union
[1.118] Section 2 (1), definition of exnuptial child
omit
[1.119] Section 2 (2) and (3)
substitute
(2) In this Act, a reference to a parent of a child does not include a reference to a parent whose guardianship of the child has been abrogated by—
(a) a judgment, decree or other order of a federal court or a court of a State or Territory that is in force; or
(b) a judgment, decree or other order of a court in a foreign country that—
(i) is in force; and
(ii) would be recognised by a territory court in accordance with the common law rules of private international law.
(3) In this Act, a reference to a guardian of a child (other than a reference to a testamentary guardian) is a reference to a guardian of the child appointed—
(a) in accordance with this Act or a law of a State or another Territory; or
(b) by a judgment, decree or other order of a federal court or a court of a State or Territory; or
(c) in accordance with a law of a foreign country or part of a foreign country or by a judgment, decree or other order of a court in a foreign country, if the appointment would be recognised by a territory court in accordance with the common law rules of private international law;
but does not include a reference to the C&YP chief executive or to a Minister of the Commonwealth or a State or Territory who, under a law of the Commonwealth, State or Territory in his or her capacity as Minister is the guardian of the child.
Part 1.29 Wills Act 1968
[1.120] Section 8 (2)
after
married
insert
or in a civil union
[1.121] Section 8 (3)
after
marry
insert
or enter into a civil union
[1.122] Section 8 (3)
after
a marriage
insert
or civil union
[1.123] Section 8 (3)
omit
solemnisation of the marriage contemplated
substitute
solemnisation of the marriage or entry into the civil union
[1.124] Section 8 (6)
after
married
insert
or in a civil union
after
married
insert
or in a civil union
after
spouse
insert
or civil union partner
[1.127] Section 18
after
spouse
insert
or civil union partner
omit
spouse
substitute
domestic partner
insert
Note For the meaning of domestic partner , see the Legislation Act, s 169.
[1.130] Section 18
omit
spouse
substitute
domestic partner
[1.131] Section 18 , new note
insert
Note For the meaning of domestic partner , see the Legislation Act, s 169.
[1.132] Section 20 heading
substitute
20 Revocation of will by testator's marriage or civil union
[1.133] Section 20 (1)
after
marries
insert
or enters into a civil union
[1.134] Section 20 (1)
after
marriage
insert
or civil union
[1.135] Section 20 (2)
after
marries
insert
or enters into a civil union
[1.136] Section 20 (2)
after
marriage
insert
or civil union
[1.137] Section 20 (3)
after
marriage
insert
or civil union
substitute
20A Effect of termination of marriage or civil union
after
marriage
insert
or civil union
after
former spouse
insert
or civil union partner
after
marriage
insert
or civil union
after
former spouse
insert
or civil union partner
insert
(4A) For this section, the termination of a civil union happens on the termination of the civil union under the Civil Unions Act 2006 , division 2.4 (otherwise than on the death of a party to the civil union).
[1.144] Section 20A (5), definition of former spouse
substitute
"former spouse or civil union partner", in relation to a testator, means the person who, immediately before the termination of the testator's marriage or civil union, was the testator's spouse or civil union partner, or, for a purported marriage or civil union of the testator that is void, was the other party to the purported marriage or civil union.
Part 1.30 Witness Protection Act 1996
[1.145] Section 10 (c)
after
marriage
insert
or civil union