iS + + ?, (4 ++ AUDAX : AT: FIDELIS +} Queensland Civil Partnerships Bill 2011 Queensland Civil Partnerships Bill 2011 Contents Part 1 Preliminary 1 Short title 0.0... eee 2 Commencement... .......... 0.00 cece ee eee eee 3 Definitions... 0.0... 0.2 eee eee Part 2 Civil partnerships Division 1 General 4 Civil partnerships—general ............0......0 00 eee Division 2 Eligibility 5 Eligibility criteria... 2... eee Division 3 Entering into civil partnerships 6 How civil partnership is entered into................-..205- 7 Application for registration ......... 0.0... eee eee eee eee 8 Cooling-off period—application for registration .............. 9 Decision on application .......... 0.60. e eee eee eee eee 10 Notice of intention to enter into civil partnership ............. 11 Declaration of civil partnership...................0 200000 12 Registration of relationship after declaration of civil partnership . 13 When civil partnership has effect..............0......000. Division 4 Termination 14 How civil partnership is terminated ...................0... 15 Application for court order .. 1.0.2.2... 00. e eee eee eee 16 Service of application and affidavit........................ 17 Withdrawal of application. ............. 0.00. ce eee eee eee 18 Making of court order... 6.0.0.0... eee eee eee 19 When court order takes effect ...............00-002-00 00) 101112141515 Civil Partnerships Bill 2011 Contents Part 3 Division 1Division 2 Part 4 Part 5 Part 6 Division 1Division 2 Division 343 Page 2 Civil partnership notaries Registration Registration of civil partnership notaries ................... Register of civil partnership notaries ...................0.. Cancellation Application of div2..... 0.0.0... cece cece eee Show cause notice... 6... eee Representations about show cause notice.................. Ending show cause process without further action ........... Cancellation of relevant authority......................00. Notification and review of decisions Definition for pt4 2.0... 2... eee eee Reviewable decision notices. ........... 00.0 e eee eee eee Applications for review ......... 00... c eee eee eee Miscellaneous Void civil partnerships.................. 0.0... 0.0000000. Noncompliance with certain requirements.................. Personal service of court documents. ...............00000. Civil partnerships under corresponding laws ................ Offences... 0.0... cc eee eee Approved forms ..... 00.0... c cece eee cette eee Regulation-making power. ...............0.0.0 0c c eee ee Amendments Amendment of this Act Actamended ........... 00. c cece eee teens Amendment of long title. .......... 2.0... e eee eee eee ee Amendment of Acts Interpretation Act 1954 Actamended ........... 00. c cece eee teens Amendment of s 36 (Meaning of commonly used words and expressions). ... 0.0.0... ete eee Amendment of Anti-Discrimination Act 1991 Actamended ........... 00. c cece eee teens Amendment of s 31 (Workers are to be married couple)....... Amendment of schedule (Dictionary)................-..--. 17 18182021222324 25 Division 4 45 Division 5 47 Division 649 Division 7 Division 8Division 9 Division 10Division 11 Division 12 Civil Partnerships Bill 2011 Contents Amendment of Births, Deaths And Marriages Registration Act 2003 Actamended .......... 0.0.0. cece eee eee Insertion of new pt 5A........... 0.0 eee ee Part 5A Civil partnerships 25A Registration of civil partnership ................. 25B How civil partnerships are registered............. 25C Civil partnership—particulars of termination ....... Amendment of Body Corporate and Community Management Act 1997 Actamended ........... 00. c cece eee tees Amendment of s 309 (Associates)...............0.2..0005 Amendment of Corrective Services Act 2006 Actamended ........... 00. c cece eee tees Insertion of NewS 260... 6.2... ee ee 26A Civil partnerships ................0...0.00000, Amendment of Duties Act 2001 Actamended ........... 00. c cece eee tees Amendment of sch 6 (Dictionary)... .............0....0000. Amendment of s 151 (Exemption—particular residences)...... Amendment of Electrical Safety Act 2002 Actamended ........... 00. c cece eee tees Amendment of sch 2 (Dictionary)..................2-00005 Amendment of First Home Owner Grant Act 2000 Actamended ........... 00. c cece eee tees Amendment of s 9 (Meaning of spouse) ................... Amendment of Guardianship and Administration Act 2000 Actamended ........... 00. c cece eee tees Amendment of s 26 (Automatic revocation) ................. Amendment of sch 2 (Types of matters).................00. Amendment of Integrated Resort Development Act 1987 Actamended ........... 00. c cece eee tees Amendment of s 179D (Associates). ...................05. Amendment of Judges (Pensions and Long Leave) Act 1957 Actamended ........... 00. c cece eee tees Amendment of s 8 (Pension of spouse on death of retired judge) 26 2627 272829 29 3031 31 Page 3 Civil Partnerships Bill 2011 Contents Division 1365 Division 1467 Division 1569 Division 1673 Division 1775 Division 1878 Division 198082Division 2085 Page 4 Amendment of Land Tax Act 2010 Actamended ........... 00. c cece eee teens Amendment of sch 4 (Dictionary)..................2-0000. Amendment of Payroll Tax Act 1971 Actamended ........... 00. c cece eee teens Amendment of s 74D (Who are related persons)............. Amendment of Powers of Attorney Act 1998 Actamended .......... 0.0.0. cece eee Insertion of news 52A... 6... eee 52A Civil partnership ................00...000 022 Insertion of news 538A... 6... eee 53A Termination of civil partnership.................. Amendment of sch 2 (Types of matters).................00. Amendment of Prostitution Act 1999 Actamended ........... 00. c cece eee teens Amendment of sch 4 (Dictionary)..................2-0000. Amendment of Public Trustee Act 1978 Actamended ........... 00. c cece eee teens Amendment of s 94 (Powers of public trustee)............... Amendment of s 107 (Powers as administrator of unclaimed Property) eee eee eee eee Amendment of Sanctuary Cove Resort Act 1985 Actamended ........... 00. c cece eee tees Amendment of s 104D (Associates). ............0......05. Amendment of Status of Children Act 1978 Actamended ........... 00. c cece eee tees Amendment of s 8 (Recognition of paternity)................ Amendment of s 15 (Interpretation for div 2) ................ Amendment of s 19B (Application of sdiv 2A) ............... Amendment of s 20 (Application of sdiv 3).................. Amendment of Succession Act 1981 Actamended .......... 0.0.0. cece eee eee Amendment of s 5AA (Who is a person's spouse)............ Insertion of newS 14A ..... 0.6 eee ee 14A Effect of civil partnership on a will ............... Insertion of neWS15A..... 00.0... eee 32 32 333333 34 34 35 35363738 Division 2189 Division 2291 Schedule 1 Schedule 2 Civil Partnerships Bill 2011 Contents 15A Effect of end of civil partnership on awill.......... 39 Amendment of Supreme Court Act 1995 Actamended ........... 00. c cece eee teens 40 Amendment of s 23A (Damages for spouse's benefit in wrongful death proceeding) ............. 0... c eee cee eee eee 40 Amendment of Surrogacy Act 2010 Actamended ........... 00. c cece eee teens 41 Amendment of s 7 (Meaning of surrogacy arrangement)....... 41 Reviewable decisions ....................00. 00 c eee ee 42 Dictionary ............ 0... eee 43 Page 5 A Bill for An Act to provide for civil partnerships and to make minor or consequential amendments of the Acts mentioned in part 6 Civil Partnerships Bill 2011 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Civil Partnerships Act 2011. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Definitions The dictionary in schedule 2 defines particular words used in this Act. Part 2 Civil partnerships Division 1 General 4 Civil partnerships—general (1) A civil partnership is a legally recognised relationship that, subject to this Act, may be entered into by any 2 adults, regardless of their sex. (2) A civil partnership terminates only as provided by division 4. Note— Division 4 provides for termination by death, marriage or court order. Page 8 on 1417 Civil Partnerships Bill 2011 Part 2 Civil partnerships [s 5] Division 2 Eligibility 5 Eligibility criteria A person may enter into a civil partnership only if— (a) _ the person is not married or in a civil partnership; and (b) the person does not have any of the following relationships (a prohibited relationship) with the person's proposed civil partner— (i) lineal ancestor; (ii) lineal descendent; (iii) sister; (iv) half-sister; (v) brother; (vi) half-brother; and (c) | the person or the person's proposed civil partner lives in Queensland. Division 3 Entering into civil partnerships 6 How civil partnership is entered into Two adults who are in a relationship as a couple, regardless of their sex, and who meet the eligibility criteria mentioned in section 5, may enter into a civil partnership by— (a) having their relationship registered under section 9; or (b) making a declaration of civil partnership under section 11 and having their relationship registered under section 12. Note— The registrar must enter particulars of a civil partnership entered into under this Act in the register under the Births, Deaths and Marriages Registration Act 2003, pt 5A. Page 9 Oo mW ANINDN FW WN RP Re Re Ww NF O&O lines ns 192327 Civil Partnerships Bill 2011 Part 2 Civil partnerships [s 7] Page 10 Application for registration d) (2) (3) (4) Two persons who wish to enter into a civil partnership as mentioned in section 6(a) may apply to the registrar for registration of their relationship as a civil partnership. The application must be in the approved form and must be accompanied by— (a) astatutory declaration made by each person stating— (i) that the person wishes to enter into a civil partnership with the other person; and (ii) that the person is not married or in a civil partnership; and (iii) that the person believes the person and the other person do not have a prohibited relationship; and (iv) where the person lives; and (b) the documents prescribed under a regulation to prove each person's identity and age; and (c) anything else prescribed under a regulation. The registrar may require | or both of the applicants to give the registrar additional information or documents the registrar reasonably needs to decide the application. If a requirement under subsection (3) is not complied with, the registrar may refuse to consider the application further. Cooling-off period—application for registration d) (2) The registrar must not register a relationship under section 9(1)(a) before the end of the cooling-off period for the application made under section 7. One or both of the persons who have made the application under section 7 may withdraw the application during the cooling-off period by giving the registrar a withdrawal notice in the approved form. om IN DN FWHY ee re oO RR Wn — A Ree num — ey Nore laa ome <} NN Noe 252830 Civil Partnerships Bill 2011 Part 2 Civil partnerships [s 9] Decision on application d) (2) On application under section 7, and as soon as practicable after the end of the cooling-off period for the application, the registrar must— (a) register the relationship as a civil partnership and make an endorsement to that effect on the application; or (b) _ refuse to register the relationship as a civil partnership. The registrar must register the relationship as a civil partnership unless satisfied that— (a) 1 or both of the persons do not meet the eligibility criteria mentioned in section 5; or (b) 1 or both of the persons has withdrawn the application under section 8(2). Note— The registrar must enter particulars of a civil partnership in the register under the Births, Deaths and Marriages Registration Act 2003, pt 5A. Notice of intention to enter into civil partnership d) (2) Before 2 persons enter into a civil partnership as mentioned in section 6(b), they must give notice in the approved form of their intention to enter into a civil partnership to— (a) acivil partnership notary; and (b) if the civil partnership notary mentioned in paragraph (a) is not the registrar—the registrar. Note— The notice must be given not earlier than 12 months and not later than 10 days before the declaration of civil partnership is made—see section 11(2). The notice must be accompanied by— (a) a statutory declaration made by each person stating— (i) that the person wishes to enter into a civil partnership with the other person; and Page 11 om IN DN FWHY ee re oO RR Wn — A pe ann 1923 2629 31 Civil Partnerships Bill 2011 Part 2 Civil partnerships [s 11] Page 12 (3) (4) (ii) that the person is not married or in a civil partnership; and (iii) that the person believes the person and the other person do not have a prohibited relationship; and (iv) where the person lives; and (b) the documents prescribed under a regulation to prove each person's identity and age; and (c) anything else prescribed under a regulation. The notice must state the day on which the 2 persons intend to make a declaration of civil partnership under section 11. As soon as practicable after receiving the notice and statutory declarations, the civil partnership notary must give each person a written notice in the approved form setting out the legal effect of a civil partnership. Declaration of civil partnership d) (2) (3) Two persons who have given notice to a civil partnership notary and the registrar as required under section 10 may make a declaration of civil partnership before the civil partnership notary and at least 1 other adult witness. The declaration must be made not earlier than 10 days, and not later than 12 months, after the day the notice was given to the civil partnership notary. The declaration must be made by each person to the other and must contain a clear statement that— (a) names both persons; and (b) acknowledges that they are freely entering into a civil partnership with each other. Registration of relationship after declaration of civil partnership d) As soon as practicable after the registrar becomes aware, under the Births, Deaths and Marriages Registration Act CID HW BW NH 1214 1719 2124 27 29 31 (2) (3) Civil Partnerships Bill 2011 Part 2 Civil partnerships [s 13] 2003, section 25B(3) or otherwise, of the day that 2 persons have made a declaration of civil partnership under section 11, the registrar must— (a) register the relationship as a civil partnership and make an endorsement to that effect on the notice they gave the registrar under section 10; or (b) _ refuse to register the relationship as a civil partnership. The registrar must register the relationship as a civil partnership unless satisfied that the 2 persons have not made a declaration of civil partnership under section 11. The endorsement must state the day on which the registration has effect, which must be— (a) _ the day stated in the notice under section 10(3); or (b) if the registrar is satisfied that the declaration of civil partnership was made on another day—the day that the registrar considers appropriate in the circumstances. 13 When civil partnership has effect d) (2) A civil partnership entered into as mentioned in section 6(a) has effect when the registrar registers the relationship under section 9(1)(a). A civil partnership entered into as mentioned in section 6(b) has effect on the day stated by the registrar under section 12(3). Division 4 Termination 14 How civil partnership is terminated d) A civil partnership is terminated on— (a) _ the death of either party; or (b) _ the marriage of either party. Page 13 Com INA DNF WNe — So ao Ne me ww RRR Duns 19222628 Civil Partnerships Bill 2011 Part 2 Civil partnerships [s 15] (2) A civil partnership may also be terminated by a court order under section 18. 15 Application for court order (1) This section applies if— (a) (b) the parties to a civil partnership have lived separately and apart for a continuous period of at least 12 months; and 1 or both of the parties believes the civil partnership has broken down and there is no likelihood of a reconciliation between the parties. (2) One or both of the parties may apply to the District Court for an order terminating the civil partnership. (3) The application must be— (a) (b) in the approved form; and accompanied by an affidavit by the applicant or each of the applicants stating that— (i) _ the applicants have lived separately and apart for a continuous period of at least 12 months; and (ii) the applicant believes the civil partnership has broken down and there is no likelihood of a reconciliation between the parties. 16 Service of application and affidavit If an application is made under section 15 by one, but not both, of the parties to a civil partnership, the applicant must— (a) (b) Page 14 personally serve the application and the affidavit mentioned in section 15(3)(b) on the other party to the civil partnership; and before the date fixed for deciding the application, file an affidavit of service of the application and affidavit. Noe Com ANID FW 12 14 16 18 2024 2629 Civil Partnerships Bill 2011 Part 2 Civil partnerships [s 17] Withdrawal of application d) (2) (3) An applicant for an order terminating a civil partnership may withdraw the application before the date fixed for deciding the application. However, if the application has been made by both parties to the civil partnership, the applicant may withdraw the application only with the consent of the other applicant. The withdrawal may be effected by filing a notice in the approved form. Making of court order d) (2) (3) On application under section 15, the District Court may make an order terminating the civil partnership if the court is satisfied that— (a) the applicants have lived separately and apart for a continuous period of at least 12 months; and (b) _ the civil partnership has broken down and there is no likelihood of a reconciliation between the parties. The parties to a civil partnership may be held to have lived separately and apart for a continuous period of at least 12 months even if they have continued to reside in the same residence or either party has rendered some household services to the other. If the District Court makes an order under subsection (1), the court must give a copy of the order to the registrar no later than 28 days after the day the order is made. When court order takes effect If the District Court makes an order under section 18(1), the civil partnership is terminated on the day the order is made. Page 15 Om ANADNN PWN 1215 17 19212428 Civil Partnerships Bill 2011 Part 3 Civil partnership notaries [s 20] Part 3 Division 1 Page 16 Civil partnership notaries Registration Registration of civil partnership notaries (1) A person may apply to the registrar to be registered as a civil partnership notary. (2) (3) (4) (5) The application must be in the approved form. On application by a person under this section, the registrar may register the applicant if satisfied that the applicant— (a) (b) (c) is an adult; and has the knowledge and the skills or experience necessary to exercise the functions of a civil partnership notary; and is a suitable person to be registered as a civil partnership notary. If the registrar is not satisfied under subsection (3), the registrar must refuse to register the applicant. In deciding whether a person is a suitable person to be registered as a civil partnership notary, the registrar must have regard to the following— (a) (b) (c) (d) whether the person has been convicted in Australia of an offence punishable by imprisonment for 1 year or more; whether the person has been convicted outside Australia of an offence that, if it had been committed in Queensland, would have been punishable by imprisonment for 1 year or more; whether the person has been convicted of an offence against this Act; whether the person is or has been an undischarged bankrupt, has executed a personal insolvency agreement CON HD ns W 1114 16 1821 2325 27 29 (6) 7) Civil Partnerships Bill 2011 Part 3 Civil partnership notaries [s 21] or has otherwise applied to take the benefit of any law for the relief of bankrupt or insolvent debtors. In deciding whether a person is a suitable person to be a civil partnership notary, the registrar may have regard to anything else the registrar considers relevant. In this section— convicted includes a finding of guilt. Register of civil partnership notaries d) (2) (3) (4) The registrar must keep a register of persons registered as civil partnership notaries under this Act. The register may be kept in any form, including electronically, that the registrar decides. The register must include the following information for each person registered as a civil partnership notary— (a) _ the person's full name; (b) _ the person's address and contact details; (c) _ the date the person was registered; (d) if the person's registration is cancelled or otherwise ends—the date the registration ends. The register must be available for public inspection, free of charge, during office hours on business days, at each office of the registrar. Division 2 Cancellation Application of div 2 This division applies if the registrar considers that a person registered as a civil partnership notary does not satisfy, or no longer satisfies, the criteria for registration under section 20(3). Page 17 ND WBwW NE 12 14 1619 212628 Civil Partnerships Bill 2011 Part 3 Civil partnership notaries [s 23] Page 18 Show cause notice (1) The registrar must give the person a notice under this section (a show cause notice). (2) The show cause notice must state the following— (a) (b) (c) (d) that the registrar proposes to cancel the person's registration as a civil partnership notary (the proposed action); the ground for the proposed action; an outline of the facts and circumstances forming the basis for the ground; an invitation to the person to show within a stated period (the show cause period) why the proposed action should not be taken. (3) The show cause period must be a period ending at least 30 days after the show cause notice is given to the person. Representations about show cause notice (1) The person may make written representations about the show cause notice to the registrar in the show cause period. (2) The registrar must consider all written representations (the accepted representations) made under subsection (1). Ending show cause process without further action If, after considering the accepted representations for the show cause notice, the registrar no longer believes the ground exists to cancel the registration, the registrar— (a) (b) must not take further action about the show cause notice; and must, as soon as practicable, give notice to the person that no further action will be taken about the show cause notice. oNDAMN BRB WN 1215 18 20 2326 28 Civil Partnerships Bill 2011 Part 4 Notification and review of decisions [s 26] Cancellation of relevant authority (1) (2) (3) (4) (5) Part 4 This section applies if, after considering the accepted representations for the show cause notice, the registrar— (a) _ still believes the ground exists to cancel the registration; and (b) _ believes cancellation of the registration is warranted. This section also applies if there are no accepted representations for the show cause notice. The registrar may decide to cancel the registration. The registrar must, as soon as practicable, give an information notice for the decision to the person. The decision does not take effect until— (a) the last day to apply to QCAT for a review of the decision; or Note— See the QCAT Act, s 33 (Making an application) for the last day to apply to QCAT. (b) if an application for review by QCAT is made—the day the review is decided or the application for review otherwise ends. Notification and review of decisions Definition for pt 4 In this part— reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. Page 19 COND NAH WN 11 14 17 1922 24 26 Civil Partnerships Bill 2011 Part 5 Miscellaneous [s 28] 28 Reviewable decision notices If the registrar makes a reviewable decision, the registrar must, within 10 days after making the decision, give an information notice for the decision to each entity mentioned in schedule 1, column 4 in relation to the decision. 29 Applications for review The following may apply to QCAT for review of a reviewable decision— (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision. Part 5 Miscellaneous 30 Void civil partnerships A civil partnership is void if— (a) either party did not meet the eligibility criteria in section 5 when the relationship was registered as a civil partnership; or (b) either party did not freely enter into the civil partnership because— (i) the party's agreement to enter into the civil partnership was obtained by duress or fraud; or (ii) the party was mistaken about the identity of the other party or the nature of the declaration under section 11; or (iii) the party did not have the capacity within the meaning of the Guardianship and Administration Act 2000 to enter into the civil partnership. Page 20 nABWN on oa 12 15 1720 22 2427 Civil Partnerships Bill 2011 Part 5 Miscellaneous [s 31] Noncompliance with certain requirements d) (2) A civil partnership is not invalid only because a requirement about the form of the notice given under section 10 was not complied with. A civil partnership is not invalid only because the person to whom the parties gave notice under section 10, or before whom the parties made the declaration under section 11, was not a civil partnership notary if either party believed, when giving the notice or making the declaration, that the person was a civil partnership notary. Personal service of court documents d) (2) (3) (4) (5) This section applies to a document that is required under section 16 to be personally served on a party to a civil partnership. To serve the document personally on the party, the person serving the application must— (a) give the party a copy of the document; or (b) if the party does not accept the copy—put the copy down in the party's presence and tell the party in general terms what it is; or (c) if the person serving the copy is prevented from approaching the party by a reasonable fear of violence—put the copy down as near as practicable to, but in the sight of, the party. It is not necessary to show the original of the document to the person served. However, a person may apply to the District Court for an order allowing the document to be served in another way (the alternative way). The District Court may make the order if satisfied that— (a) it is impracticable, for any reason, for the document to be served personally as mentioned in subsection (2); and Page 21 FP Omran FWN Civil Partnerships Bill 2011 Part 5 Miscellaneous [s 33] Page 22 (6) 7) (8) (b) the alternative way is reasonably likely to bring the notice to the attention of the party. If the District Court makes the order, the court may, in the order, provide that the document is taken to have been served on the happening of a stated event, at a stated time or at the end of a stated period. The District Court may make an order under subsection (5) even though the party is not in Queensland or Australia. For section 16, if a document is served on a party in accordance with an order under subsection (5), the document is taken to have been served personally on the party. Civil partnerships under corresponding laws d) (2) A regulation may provide that a relationship under a corresponding law is taken to be registered as a civil partnership under this Act. In this section— corresponding law means a law of another State or country prescribed under a regulation to be a corresponding law for this Act. Offences d) A civil partnership notary commits an offence if— (a) _ the notary allows a declaration of civil partnership, or a purported declaration, to be made before the notary; and (b) the notice required under section 10 (including the statutory declaration and anything else required under that section) for the civil partnership— (i) _ has not been given to the notary; or (ii) was not given to the notary within the period allowed under section 11(2). Maximum penalty—50O penalty units or 6 months imprisonment. BFR O OY ANBAW NH re oO 141821 23 2529 31 (2) (3) Civil Partnerships Bill 2011 Part 5 Miscellaneous [s 35] A civil partnership notary commits an offence if— (a) _ the notary allows a declaration of civil partnership, or a purported declaration, to be made before the notary; and (b) the notary has reasonable grounds to believe that the civil partnership would be void under section 30. Maximum penalty—50O penalty units or 6 months imprisonment. A person commits an offence if— (a) the person makes a declaration mentioned in section 11 with the intention of entering into a civil partnership with someone else (the person's partner); and (b) the declaration is made before a person (the third person) who is not a civil partnership notary; and (c) the person knows the third person is not a civil partnership notary; and (d) the person has reasonable grounds to believe that the person's partner believes that the third person is a civil partnership notary. Maximum penalty—50O penalty units or 6 months imprisonment. Approved forms The chief executive may approve forms for use under this Act. Regulation-making power The Governor in Council may make regulations for this Act. Page 23 eID NH WN 11 13 15 1720 22 24 Civil Partnerships Bill 2011 Part 6 Amendments [s 37] Part 6 Amendments Division 1 Amendment of this Act 37 Act amended This division amends this Act. 38 Amendment of long title Long title, from 'and'— omit. Division 2 Amendment of Acts Interpretation Act 1954 39 Act amended This division amends the Acts Interpretation Act 1954. 40 Amendment of s 36 (Meaning of commonly used words and expressions) (1) Section 36— insert— 'civil partner means a person who is a party to a civil partnership. civil partnership means a civil partnership registered under the Civil Partnerships Act 2011... (2) Section 36, definition spouse, after 'de facto partner' — insert— 'and civil partner'. Page 24 11 13 15 17 19 21 Civil Partnerships Bill 2011 Part 6 Amendments [s 41] Division 3 Amendment of Anti-Discrimination Act 1991 41 Act amended This division amends the Anti-Discrimination Act 1991. 42 Amendment of s 31 (Workers are to be married couple) Section 31(f)— omit, insert— '(f) the work is for one of 2 positions that the person wants held concurrently by— (i) a married couple; or (ii) 2 persons each of whom is the de facto partner of the other; or (iii) 2 persons each of whom is the civil partner of the other; and'. 43 Amendment of schedule (Dictionary) Schedule, definition relationship status— insert— '(g) acivil partner.'. Division 4 Amendment of Births, Deaths And Marriages Registration Act 2003 44 Act amended This division amends the Births, Deaths And Marriages Registration Act 2003. Page 25 Oma NNN 12 14 16 18 20 23 Civil Partnerships Bill 2011 Part 6 Amendments [s 45] 'Part 5A Insertion of new pt 5A After section 25— insert— Civil partnerships '25A_ Registration of civil partnership '25B Page 26 'D (2) This section applies if the registrar is required to register a relationship as a civil partnership under the Civil Partnerships Act 2011, section 9 or 12. The civil partnership must be registered under this Act. How civil partnerships are registered 'D (2) 3) (4) Subsection (2) applies if the registrar is required to register a relationship as a civil partnership under the Civil Partnerships Act 2011, section 9 or 12. The registrar must register the civil partnership by including in the register the particulars of the civil partnership prescribed under a regulation. If 2 persons make, under the Civil Partnerships Act 2011, section 11, a declaration of civil partnership before a civil partnership notary other than the registrar, the notary must give the following to the registrar not later than 2 weeks after the day the declaration is made— (a) written notice of the making of the declaration; (b) the notice given to the notary under the Civil Partnerships Act 2011, section 10 for the civil partnership. Maximum penalty—S penalty units. In this section— civil partnership notary see the Civil Partnerships Act 2011, schedule 2. BR WN Re Oo DAN NN 121518202427 29 Civil Partnerships Bill 2011 Part 6 Amendments [s 46] '25C Civil partnership—particulars of termination '(1)_ This section applies if a civil partnership is terminated under the Civil Partnerships Act 2011, section 18. '(2) The registrar must include in the register the particulars of the termination prescribed under a regulation.'. Division 5 Amendment of Body Corporate and Community Management Act 1997 46 Act amended This division amends the Body Corporate and Community Management Act 1997. 47 Amendment of s 309 (Associates) Section 309(2)(a), 'or de facto relationship' — omit, insert— ', de facto relationship or civil partnership'. Division 6 Amendment of Corrective Services Act 2006 48 Act amended This division amends the Corrective Services Act 2006. 49 Insertion of new s 26A After section 26— insert— '26A_ Civil partnerships '(1)_ A person in the chief executive's custody must give the chief executive written notice before— Page 27 aA WN ll1316 18 2022 24 Civil Partnerships Bill 2011 Part 6 Amendments [s 50] Divis Page 28 (a) applying under the Civil Partnerships Act 2011, section 7 for registration of a relationship as a civil partnership; or (b) giving a notice of intention to enter into a civil partnership under the Civil Partnerships Act 2011, section 10. Maximum penalty—20 penalty units. '(2) A prisoner may make a declaration of civil partnership under the Civil Partnerships Act 2011, section 11 in a corrective services facility only with the chief executive's approval and the making of the declaration must be conducted in the way decided by the chief executive.'. ion 7 Amendment of Duties Act 2001 Act amended This division amends the Duties Act 2001. Amendment of sch 6 (Dictionary) Schedule 6, definition spouse— omit. Amendment of s 151 (Exemption—particular residences) Section 151(1), 'or de facto relationship'— omit, insert— ', de facto relationship or civil partnership'. Com INA DNF WNe See NRO 15 17 2022 Civil Partnerships Bill 2011 Part 6 Amendments [s 53] Division 8 Amendment of Electrical Safety Act53 Act amended This division amends the Electrical Safety Act 2002. 54 Amendment of sch 2 (Dictionary) Schedule 2, definition spouse, after 'de facto spouse'— insert— 'and a civil partner'. Division 9 Amendment of First Home Owner Grant Act 2000 55 Act amended This division amends the First Home Owner Grant Act 2000. 56 Amendment of s 9 (Meaning of spouse) (1) Section 9(1), after editor's note— insert— '(c) acivil partner.'. (2) Section 9(3)— omit, insert— '(3) Subsection (4) applies if the commissioner is satisfied, when deciding an application for a first home owner grant, that— (a) an applicant for the grant— (i) is married but is living apart from the person to whom the applicant is married; or Page 29 onNnNnnwnmn 12 141618 20 23 Civil Partnerships Bill 2011 Part 6 Amendments [s 57] (ii) is in a civil partnership but is living apart from the person with whom the applicant is in a civil partnership; and (b) the applicant and the person mentioned in paragraph (a)(i) or (ii) have no intention of again living together as a couple.'. (3) Section 9(4), after 'married'— insert— ', or with whom the applicant is in a civil partnership,' . Division 10 Amendment of Guardianship and Administration Act 2000 57 Act amended This division amends the Guardianship and Administration Act 2000. 58 Amendment of s 26 (Automatic revocation) (1) Section 26(1)— insert— '(ba) if the guardian or administrator and the adult are in a civil partnership when the appointment is made—the civil partnership is terminated under the Civil Partnerships Act 2011, part 2, division 4; or'. (2) Section 26(1)(a) to (e)— renumber as section 26(1)(a) to (g). 59 Amendment of sch 2 (Types of matters) (1) Schedule 2, part 2, section 3— insert— Page 30 om N ANF WNe 11 14 161921 23 25 Civil Partnerships Bill 2011 Part 6 Amendments [s 60] '(ea) consenting to the adult entering into a civil partnership; (eb) consenting to the adult terminating a civil partnership;'. (2) Schedule 2, part 2, section 3(a) to (g)— renumber as section 3(a) to (i). Division 11 Amendment of Integrated Resort Development Act 1987 60 Act amended This division amends the Integrated Resort Development Act 1987. 61 Amendment of s 179D (Associates) Section 179D(2)(a), 'or de facto partnership' — omit, insert— ', de facto relationship or civil partnership'. Division 12 Amendment of Judges (Pensions and Long Leave) Act 1957 62 Act amended This division amends the Judges (Pensions and Long Leave) Act 1957. 63 Amendment of s 8 (Pension of spouse on death of retired judge) (1) Section 8(2)— insert— '(aa) if the spouse is a civil partner, the spouse is entitled to a pension under subsection (1) only if the spouse entered Page 31 BR WN nWmN 11 13 15 18 20 22 24 Civil Partnerships Bill 2011 Part 6 Amendments [s 64] into the civil partnership with the retired judge before the judge's retirement; and'. (2) Section 8(2)(a) to (c)— renumber as section 8(2)(a) to (d). (3) Section 8(3), 'Subsection (2)(b)'— omit, insert— 'Subsection (2)(c)'. Division 13 Amendment of Land Tax Act 2010 64 Act amended This division amends the Land Tax Act 2010. 65 Amendment of sch 4 (Dictionary) Schedule 4, definition spouse, after 'de facto partner' — insert— 'and a civil partner'. Division 14 Amendment of Payroll Tax Act 1971 66 Act amended This division amends the Payroll Tax Act 1971. 67 Amendment of s 74D (Who are related persons) Section 74D(2), definition spouse, after 'de facto partner' — insert— 'and a civil partner'. Page 32 NAW Bw ve 12 14 17 1921 Civil Partnerships Bill 2011 Part 6 Amendments [s 68] Division 15 Amendment of Powers of Attorney Act 1998 68 Act amended This division amends the Powers of Attorney Act 1998. 69 Insertion of new s 52A After section 52— insert— '52A_ Civil partnership 'Unless there is a contrary intention expressed in the enduring document, if a principal enters into a civil partnership after making an enduring document, the enduring document is revoked to the extent it gives power to someone other than the principal's civil partner.'. 70 Insertion of new s 53A Chapter 3, part 5, division 1, after section 53— insert— '563A Termination of civil partnership '(1)_ This section applies if— (a) a principal makes an enduring document; and (b) after making the enduring document, the principal's civil partnership is terminated under the Civil Partnerships Act 2011, section 18. '(2) The enduring document is revoked to the extent it gives power to the principal's previous civil partner.' 71 Amendment of sch 2 (Types of matters) (1) Schedule 2, part 2, section 3, editor's note— omit. Page 33 onnwn 1113 151719 2124 26 Civil Partnerships Bill 2011 Part 6 Amendments [s 72] (2) Schedule 2, part 2, section 3— insert— '(ea) consenting to the principal entering into a civil partnership; (eb) consenting to the principal terminating a civil partnership;'. (3) Schedule 2, part 2, section 3(a) to (g)— renumber as section 3(a) to (i). Division 16 Amendment of Prostitution Act 1999 72 Act amended This division amends the Prostitution Act 1999. 73 Amendment of sch 4 (Dictionary) Schedule 4, definition spouse— omit. Division 17 Amendment of Public Trustee Act 74 Act amended This division amends the Public Trustee Act 1978. 75 Amendment of s 94 (Powers of public trustee) Section 94(5)(b), after 'de facto partner' — insert— 'or civil partner'. Page 34 oN AW BW NY 11 1316 18 2022 Civil Partnerships Bill 2011 Part 6 Amendments [s 76] 76 Amendment of s 107 (Powers as administrator of unclaimed property) Section 107(5)(b), after 'de facto partner' — insert— 'or civil partner'. Division 18 Amendment of Sanctuary Cove Resort Act 1985 77 Act amended This division amends the Sanctuary Cove Resort Act 1985. 78 Amendment of s 104D (Associates) Section 104D(2)(a), 'or de facto partnership' — omit, insert— ', de facto relationship or civil partnership.' Division 19 Amendment of Status of Children Act 1978 79 Act amended This division amends the Status of Children Act 1978. 80 Amendment of s 8 (Recognition of paternity) Section 8(1)(a), after 'were married to each other' — insert— *, or in a civil partnership, '. Page 35 an & WNRe 11 13 15 17 1921 Civil Partnerships Bill 2011 Part 6 Amendments [s 81] 81 Amendment of s 15 (Interpretation for div 2) (1) Section 15(1), after 'married to him'— insert— 'or who is in a civil partnership with a man'. (2) Section 15— insert— '(3) A reference (however expressed) in this division to the husband or wife of a person is also, in the case where the person is in a civil partnership with another person of the opposite sex, a reference to that other person.'. 82 Amendment of s 19B (Application of sdiv 2A) Section 19B, from 'woman'— omit, insert— "woman— (a) has a female de facto partner and undergoes a fertilisation procedure with the consent of the de facto partner; or Note— For the meaning of de facto partner see the Acts Interpretation Act 1954, section 32DA. (b) has a female civil partner and undergoes a fertilisation procedure with the consent of the civil partner.'. 83 Amendment of s 20 (Application of sdiv 3) (1) Section 20(b), after 'de facto partner' — insert— 'or civil partner'. (2) Section 20— insert— Page 36 FPomaryny Au fF WN ee NO — Re Rw RRR NNN me ioe} Nr ow NN Noe 24 2628 Civil Partnerships Bill 2011 Part 6 Amendments [s 84] '(d) a woman who has a civil partner undergoes a fertilisation procedure other than with her partner's consent.'. Division 20 Amendment of Succession Act 1981 84 Act amended This division amends the Succession Act 1981. 85 Amendment of s 5AA (Who is a person's spouse) d) (2) (3) (4) (5) Section SAA(1)— insert— '(c) civil partner, as defined in the AJA, section 36.'. Section SAA(2)— insert— '(ba) the person was the deceased's civil partner; or'. Section SAA(2)(c)(i), 'paragraph (a) or (b)'— omit, insert— "paragraph (a), (b) or (ba)'. Section SAA(2)(c)(ii), after 'wife'— insert— 'or civil partner'. Section 5AA(4), definition dependant former husband or wife— omit, insert— 'dependant former husband or wife or civil partner, of a deceased person, means— (a) aperson who— Page 37 WNe ll13151719 21 24 Civil Partnerships Bill 2011 Part 6 Amendments [s 86] (b) (i) (ii) (iii) was divorced by or from the deceased at any time, whether before or after the commencement of this Act; and had not remarried or entered into a civil partnership with another person before the deceased's death; and was on the deceased's death receiving, or entitled to receive, maintenance from the deceased; or a person who— (i) (ii) (iii) was in a civil partnership with the deceased that was terminated under the Civil Partnerships Act 2011, section 18; and had not married or entered into another civil partnership before the deceased's death; and was on the deceased's death receiving, or entitled to receive, maintenance from the deceased.'. 86 Insertion of new s 14A After section 14— insert— '14A Effect of civil partnership on a will "1) A will is revoked by the testator entering into a civil partnership. 2) Page 38 However, the following are not revoked by the testator entering into a civil partnership— (a) (b) (c) a disposition to the person with whom the testator is in a civil partnership at the time of the testator's death; an appointment as executor, trustee, advisory trustee or guardian of the person with whom the testator is in a civil partnership at the time of the testator's death; a will, to the extent it exercises a power of appointment, if the property in relation to which the appointment is exercised would not pass to an executor under any other CI ANAK WHY 1114 16 1820 22 24 26 2831 Civil Partnerships Bill 2011 Part 6 Amendments [s 87] will of the testator or to an administrator of any estate of the testator if the power of appointment were not exercised. "3) Also— (a) a will made in contemplation of a civil partnership, whether or not that contemplation is stated in the will, is not revoked by the registration of the civil partnership contemplated; and (b) a will that is stated to be made in contemplation of civil partnership generally is not revoked by the registration of a civil partnership of the testator.'. 87 Insertion of new s 15A After section 15— insert— '145A Effect of end of civil partnership on a will '(1)_ The termination of a testator's civil partnership or the finding that a testator's civil partnership is void revokes— (a) a disposition to the testator's former civil partner made by a will in existence when the termination happens or the finding is made; and (b) an appointment, made by the will, of the former civil partner as an executor, trustee, advisory trustee or guardian; and (c) any grant, made by the will, of a power of appointment exercisable by, or in favour of, the testator's former civil partner. '(2) However, the termination of a testator's civil partnership or the finding that a testator's civil partnership is void does not revoke— (a) the appointment of the testator's former civil partner as trustee of property left by the will on trust for beneficiaries that include the former civil partner's children; or Page 39 Pre O ONAN FF WNe re oO Re Re Re eR na Wn Re eon Noe laa ome ) NNN WN NNN Nn YWNnNn oon WW WW W WNre © Civil Partnerships Bill 2011 Part 6 Amendments [s 88] '3) (4) (5) (b) the grant of a power of appointment exercisable by the testator's former civil partner only in favour of children of whom both the testator and the former civil partner are parents. Subsection (1) does not apply if a contrary intention appears in the will. If a disposition, appointment or grant is revoked by this section, the will takes effect as if the former civil partner had died before the testator. In this section— civil partner includes a party to a purported or void civil partnership. finding means finding by a court. former civil partner, in relation to a testator, means the person who was the civil partner of the testator immediately before the termination of the testator's civil partnership or the finding that the civil partnership is void. termination, of a civil partnership, means termination under the Civil Partnerships Act 2011, section 18. void means void under the Civil Partnerships Act 2011, section 30.'. Division 21 Amendment of Supreme Court Act Page 40 Act amended This division amends the Supreme Court Act 1995. Amendment of s 23A (Damages for spouse's benefit in wrongful death proceeding) Section 23A(7), definition relationship— insert— OMANI DN BPWNe — So ao Ne me ww eR Ree NADAL eR 'ow NW a) 23 25 27 29 Civil Partnerships Bill 2011 Part 6 Amendments [s 90] '(c) a civil partnership within the meaning of the Acts Interpretation Act 1954, section 36.'. Division 22 Amendment of Surrogacy Act 2010 90 Act amended This division amends the Surrogacy Act 2010. 91 Amendment of s 7 (Meaning of surrogacy arrangement) Section 7(2), second note, after 'de facto partner' — insert— 'and a civil partner'. Page 41 Nn Conon a Civil Partnerships Bill 2011 Schedule 1 Schedule 1 Reviewable decisions sections 27 to 29 Column 1 | Column 2 Column 3 Column 4 Item Section Decision Entity 1 9(1)(b) or | refuse to register a parties to the 12(1)(b) relationship as a civil relationship partnership 2 20(4) refuse to register a person | applicant for as a civil partnership notary | registration 3 26(3) cancel a person's person whose registration as a civil registration is partnership notary cancelled Page 42 Civil Partnerships Bill 2011 Schedule 2 Schedule 2 Dictionary section 3 accepted representations see section 24(2). civil partnership notary means— (a) a person registered as a civil partnership notary under this Act; or (b) _ the registrar. cooling-off period, for an application made under section 7, means the period ending 10 days after the application and accompanying documents under section 7(2) are given to the registrar. information notice means a notice complying with the QCAT Act, section 157(2). prohibited relationship see section 5(b). registrar means the registrar-general appointed under the Births, Deaths and Marriages Registration Act 2003. reviewable decision, for part 4, see section 27. show cause notice see section 23(1). show cause period see section 23(2)(d). Page 43 om NY AN fF WW 11 13 16 1820