{"id":"qld:act-2011-046","name":"Civil Partnerships Act 2011","slug":"civil-partnerships-act-2011","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"46 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29783,"registerId":"qld-act-2011-046-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Civil Partnerships Act 2011 .\ns 1 amd 2012 No. 12 s 4 ; 2015 No. 33 s 5","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Civil partnerships","content":"# Civil partnerships","sortOrder":4},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Civil partnerships—general","content":"### sec.4 Civil partnerships—general\n\nA civil partnership is a legally recognised relationship that, subject to this Act, may be entered into by any 2 adults, regardless of their sex.\nA civil partnership terminates only as provided by division 4 .\nDivision 4 provides for termination by death, marriage or registration of a termination application.\ns 4 amd 2012 No. 12 s 6 ; 2015 No. 33 s 7\n(sec.4-ssec.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.\n(sec.4-ssec.2) A civil partnership terminates only as provided by division 4 . Division 4 provides for termination by death, marriage or registration of a termination application.","sortOrder":6},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Eligibility","content":"## Eligibility","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Eligibility criteria","content":"### sec.5 Eligibility criteria\n\nA person may enter into a civil partnership only if—\nthe person is not married or in a civil partnership; and\nthe person does not have any of the following relationships (a prohibited relationship ) with the person’s proposed civil partner—\nlineal ancestor;\nlineal descendent;\nsister;\nhalf-sister;\nbrother;\nhalf-brother; and\nthe person or the person’s proposed civil partner lives in Queensland.\ns 5 amd 2012 No. 12 s 7 ; 2015 No. 33 s 8\n- (a) the person is not married or in a civil partnership; and\n- (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\n- (i) lineal ancestor;\n- (ii) lineal descendent;\n- (iii) sister;\n- (iv) half-sister;\n- (v) brother;\n- (vi) half-brother; and\n- (c) the person or the person’s proposed civil partner lives in Queensland.\n- (i) lineal ancestor;\n- (ii) lineal descendent;\n- (iii) sister;\n- (iv) half-sister;\n- (v) brother;\n- (vi) half-brother; and","sortOrder":8},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Entering into civil partnerships","content":"## Entering into civil partnerships","sortOrder":9},{"sectionNumber":"sec.6","sectionType":"section","heading":"How civil partnership is entered into","content":"### sec.6 How civil partnership is entered into\n\nTwo 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—\nhaving their relationship registered under section 9 ; or\nmaking a declaration of civil partnership under section 11 and having their relationship registered under section 12 .\nThe registrar must enter particulars of a civil partnership entered into under this Act in the register under the Births, Deaths and Marriages Registration Act 2023 , part 7 .\ns 6 sub 2012 No. 12 s 9 ; 2015 No. 33 s 10\namd 2023 No. 17 s 182 sch 3 pt 2\n- (a) having their relationship registered under section 9 ; or\n- (b) making a declaration of civil partnership under section 11 and having their relationship registered under section 12 .","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Application for registration","content":"### sec.7 Application for registration\n\nTwo 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.\nThe application must be in the approved form and accompanied by—\na statutory declaration made by each person stating—\nthat the person wishes to enter into a civil partnership with the other person; and\nthat the person is not married or in a civil partnership; and\nthat the person believes the person and the other person do not have a prohibited relationship; and\nwhere the person lives; and\nthe documents prescribed by regulation to prove each person’s identity and age; and\nanything else prescribed by regulation.\nThe registrar may require 1 or both of the applicants to give the registrar additional information or documents the registrar reasonably needs to decide the application.\nIf a requirement under subsection (3) is not complied with, the registrar may refuse to consider the application further.\ns 7 amd 2012 No. 12 s 10 ; 2015 No. 33 s 11\n(sec.7-ssec.1) 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.\n(sec.7-ssec.2) The application must be in the approved form and accompanied by— a statutory declaration made by each person stating— that the person wishes to enter into a civil partnership with the other person; and that the person is not married or in a civil partnership; and that the person believes the person and the other person do not have a prohibited relationship; and where the person lives; and the documents prescribed by regulation to prove each person’s identity and age; and anything else prescribed by regulation.\n(sec.7-ssec.3) The registrar may require 1 or both of the applicants to give the registrar additional information or documents the registrar reasonably needs to decide the application.\n(sec.7-ssec.4) If a requirement under subsection (3) is not complied with, the registrar may refuse to consider the application further.\n- (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 (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\n- (i) that the person wishes to enter into a civil partnership with the other person; and\n- (ii) that the person is not married or in a civil partnership; and\n- (iii) that the person believes the person and the other person do not have a prohibited relationship; and\n- (iv) where the person lives; and\n- (b) the documents prescribed by regulation to prove each person’s identity and age; and\n- (c) anything else prescribed by regulation.\n- (i) that the person wishes to enter into a civil partnership with the other person; and\n- (ii) that the person is not married or in a civil partnership; and\n- (iii) that the person believes the person and the other person do not have a prohibited relationship; and\n- (iv) where the person lives; and","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Cooling-off period—application for registration","content":"### sec.8 Cooling-off period—application for registration\n\nThe 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 .\nOne 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.\ns 8 amd 2012 No. 12 s 11 ; 2015 No. 33 s 12\n(sec.8-ssec.1) 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 .\n(sec.8-ssec.2) 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.","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Decision on application","content":"### sec.9 Decision on application\n\nOn application under section 7 , and as soon as practicable after the end of the cooling-off period for the application, the registrar must—\nregister the relationship as a civil partnership and make an endorsement to that effect on the application; or\nrefuse to register the relationship as a civil partnership.\nThe registrar must register the relationship as a civil partnership unless satisfied that—\n1 or both of the persons do not meet the eligibility criteria mentioned in section 5 ; or\n1 or both of the persons has withdrawn the application under section 8 (2) .\nThe registrar must enter particulars of a civil partnership in the register under the Births, Deaths and Marriages Registration Act 2023 , part 7 .\ns 9 amd 2012 No. 12 s 12 ; 2015 No. 33 s 13 ; 2023 No. 17 s 182 sch 3 pt 2\n(sec.9-ssec.1) On application under section 7 , and as soon as practicable after the end of the cooling-off period for the application, the registrar must— register the relationship as a civil partnership and make an endorsement to that effect on the application; or refuse to register the relationship as a civil partnership.\n(sec.9-ssec.2) The registrar must register the relationship as a civil partnership unless satisfied that— 1 or both of the persons do not meet the eligibility criteria mentioned in section 5 ; or 1 or both of the persons has withdrawn the application under section 8 (2) . The registrar must enter particulars of a civil partnership in the register under the Births, Deaths and Marriages Registration Act 2023 , part 7 .\n- (a) register the relationship as a civil partnership and make an endorsement to that effect on the application; or\n- (b) refuse to register the relationship as a civil partnership.\n- (a) 1 or both of the persons do not meet the eligibility criteria mentioned in section 5 ; or\n- (b) 1 or both of the persons has withdrawn the application under section 8 (2) .","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Notice of intention to enter into civil partnership","content":"### sec.10 Notice of intention to enter into civil partnership\n\nBefore 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—\na civil partnership notary; and\nif the civil partnership notary mentioned in paragraph (a) is not the registrar—the registrar.\nThe 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) .\nThe notice must be accompanied by—\na statutory declaration made by each person stating—\nthat the person wishes to enter into a civil partnership with the other person; and\nthat the person is not married or in a civil partnership; and\nthat the person believes the person and the other person do not have a prohibited relationship; and\nwhere the person lives; and\nthe documents prescribed by regulation to prove each person’s identity and age; and\nanything else prescribed by regulation.\nThe notice must state the day on which the 2 persons intend to make a declaration of civil partnership under section 11 .\nAs 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.\ns 10 prev s 10 om 2012 No. 12 s 13\npres s 10 ins 2015 No. 33 s 14\n(sec.10-ssec.1) 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 civil partnership notary; and if the civil partnership notary mentioned in paragraph (a) is not the registrar—the registrar. 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) .\n(sec.10-ssec.2) The notice must be accompanied by— a statutory declaration made by each person stating— that the person wishes to enter into a civil partnership with the other person; and that the person is not married or in a civil partnership; and that the person believes the person and the other person do not have a prohibited relationship; and where the person lives; and the documents prescribed by regulation to prove each person’s identity and age; and anything else prescribed by regulation.\n(sec.10-ssec.3) The notice must state the day on which the 2 persons intend to make a declaration of civil partnership under section 11 .\n(sec.10-ssec.4) 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.\n- (a) a civil partnership notary; and\n- (b) if the civil partnership notary mentioned in paragraph (a) is not the registrar—the registrar.\n- (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 (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\n- (i) that the person wishes to enter into a civil partnership with the other person; and\n- (ii) that the person is not married or in a civil partnership; and\n- (iii) that the person believes the person and the other person do not have a prohibited relationship; and\n- (iv) where the person lives; and\n- (b) the documents prescribed by regulation to prove each person’s identity and age; and\n- (c) anything else prescribed by regulation.\n- (i) that the person wishes to enter into a civil partnership with the other person; and\n- (ii) that the person is not married or in a civil partnership; and\n- (iii) that the person believes the person and the other person do not have a prohibited relationship; and\n- (iv) where the person lives; and","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Declaration of civil partnership","content":"### sec.11 Declaration of civil partnership\n\nTwo persons who have given notice to a civil partnership notary, and the registrar if required under section 10 (1) (b) , may make a declaration of civil partnership before the civil partnership notary and at least 1 other adult witness.\nThe 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.\nThe declaration must be made by each person to the other and must contain a clear statement that—\nnames both persons; and\nacknowledges that they are freely entering into a civil partnership with each other.\ns 11 prev s 11 om 2012 No. 12 s 13\npres s 11 ins 2015 No. 33 s 14\n(sec.11-ssec.1) Two persons who have given notice to a civil partnership notary, and the registrar if required under section 10 (1) (b) , may make a declaration of civil partnership before the civil partnership notary and at least 1 other adult witness.\n(sec.11-ssec.2) 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.\n(sec.11-ssec.3) The declaration must be made by each person to the other and must contain a clear statement that— names both persons; and acknowledges that they are freely entering into a civil partnership with each other.\n- (a) names both persons; and\n- (b) acknowledges that they are freely entering into a civil partnership with each other.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Registration of relationship after declaration of civil partnership","content":"### sec.12 Registration of relationship after declaration of civil partnership\n\nAs soon as practicable after the registrar becomes aware, under the Births, Deaths and Marriages Registration Act 2023 , section 87 or otherwise, of the day that 2 persons have made a declaration of civil partnership under section 11 , the registrar must—\nregister the relationship as a civil partnership and make an endorsement to that effect on the notice they gave the registrar under section 10 ; or\nrefuse to register the relationship as a civil partnership.\nThe 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 .\nThe endorsement must state the day on which the registration has effect, which must be—\nthe day stated in the notice under section 10 (3) ; or\nif 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.\ns 12 prev s 12 om 2012 No. 12 s 13\npres s 12 ins 2015 No. 33 s 14\namd 2023 No. 17 s 182 sch 3 pt 2\n(sec.12-ssec.1) As soon as practicable after the registrar becomes aware, under the Births, Deaths and Marriages Registration Act 2023 , section 87 or otherwise, of the day that 2 persons have made a declaration of civil partnership under section 11 , the registrar must— 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 refuse to register the relationship as a civil partnership.\n(sec.12-ssec.2) 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 .\n(sec.12-ssec.3) The endorsement must state the day on which the registration has effect, which must be— the day stated in the notice under section 10 (3) ; or 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.\n- (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\n- (b) refuse to register the relationship as a civil partnership.\n- (a) the day stated in the notice under section 10 (3) ; or\n- (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.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"When civil partnership has effect","content":"### sec.13 When civil partnership has effect\n\nA civil partnership entered into as mentioned in section 6 (a) has effect when the registrar registers the relationship under section 9 (1) (a) .\nA civil partnership entered into as mentioned in section 6 (b) has effect on the day stated by the registrar under section 12 (3) .\ns 13 sub 2012 No. 12 s 14 ; 2015 No. 33 s 15\n(sec.13-ssec.1) A civil partnership entered into as mentioned in section 6 (a) has effect when the registrar registers the relationship under section 9 (1) (a) .\n(sec.13-ssec.2) A civil partnership entered into as mentioned in section 6 (b) has effect on the day stated by the registrar under section 12 (3) .","sortOrder":17},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Termination","content":"## Termination","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"How civil partnership is terminated","content":"### sec.14 How civil partnership is terminated\n\nA civil partnership is terminated on—\nthe death of either party; or\nthe marriage of either party.\nA civil partnership may also be terminated under section 19 .\ns 14 amd 2012 No. 12 s 15 ; 2015 No. 33 s 16\n(sec.14-ssec.1) A civil partnership is terminated on— the death of either party; or the marriage of either party.\n(sec.14-ssec.2) A civil partnership may also be terminated under section 19 .\n- (a) the death of either party; or\n- (b) the marriage of either party.","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Application for termination","content":"### sec.15 Application for termination\n\nOne or both parties to a civil partnership may apply to the registrar to terminate the partnership (a termination application ).\nThe termination application must be in the approved form and accompanied by—\na statutory declaration by the applicant or, if more than 1 applicant, each of the applicants stating that the person making the declaration wishes to terminate the civil partnership; and\nany fee prescribed by regulation; and\nany other document prescribed by regulation.\nIf the termination application is made by 1, but not both, of the parties to the civil partnership, the application must also be accompanied by a statutory declaration by the applicant stating—\nthat the other party to the partnership has been served under section 16 ; and\nthe method by which service was effected under section 16 .\ns 15 sub 2012 No. 12 s 16\namd 2015 No. 33 s 17\n(sec.15-ssec.1) One or both parties to a civil partnership may apply to the registrar to terminate the partnership (a termination application ).\n(sec.15-ssec.2) The termination application must be in the approved form and accompanied by— a statutory declaration by the applicant or, if more than 1 applicant, each of the applicants stating that the person making the declaration wishes to terminate the civil partnership; and any fee prescribed by regulation; and any other document prescribed by regulation.\n(sec.15-ssec.3) If the termination application is made by 1, but not both, of the parties to the civil partnership, the application must also be accompanied by a statutory declaration by the applicant stating— that the other party to the partnership has been served under section 16 ; and the method by which service was effected under section 16 .\n- (a) a statutory declaration by the applicant or, if more than 1 applicant, each of the applicants stating that the person making the declaration wishes to terminate the civil partnership; and\n- (b) any fee prescribed by regulation; and\n- (c) any other document prescribed by regulation.\n- (a) that the other party to the partnership has been served under section 16 ; and\n- (b) the method by which service was effected under section 16 .","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Service of termination application","content":"### sec.16 Service of termination application\n\nIf a termination application is made by 1, but not both, of the parties to a civil partnership, the applicant must—\narrange for the other party to the partnership to be personally served with a copy of—\nthe termination application; and\nthe statutory declaration mentioned in section 15 (2) (a) ; or\nSection 32 (2) sets out the ways in which documents mentioned in paragraph (a) may be personally served.\nsend a copy of the documents mentioned in paragraph (a) , addressed to the other party, by registered post to the other party’s last known residential address.\ns 16 sub 2012 No. 12 s 16\namd 2015 No. 33 s 18\n- (a) arrange for the other party to the partnership to be personally served with a copy of— (i) the termination application; and (ii) the statutory declaration mentioned in section 15 (2) (a) ; or Note— Section 32 (2) sets out the ways in which documents mentioned in paragraph (a) may be personally served.\n- (i) the termination application; and\n- (ii) the statutory declaration mentioned in section 15 (2) (a) ; or Note— Section 32 (2) sets out the ways in which documents mentioned in paragraph (a) may be personally served.\n- (b) send a copy of the documents mentioned in paragraph (a) , addressed to the other party, by registered post to the other party’s last known residential address.\n- (i) the termination application; and\n- (ii) the statutory declaration mentioned in section 15 (2) (a) ; or Note— Section 32 (2) sets out the ways in which documents mentioned in paragraph (a) may be personally served.","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Termination application period and withdrawal of termination application","content":"### sec.17 Termination application period and withdrawal of termination application\n\nThe registrar must not register the termination of a civil partnership under section 18 before the end of the termination application period for the application.\nA termination application may be withdrawn during the termination application period for the application—\nif the application is made by 1, but not both, of the parties to the civil partnership—by the party who made the application giving the registrar a withdrawal notice in the approved form; or\nif the application is made by both parties—by both parties giving the registrar a withdrawal notice in the approved form.\ns 17 sub 2012 No. 12 s 16\namd 2015 No. 33 s 19\n(sec.17-ssec.1) The registrar must not register the termination of a civil partnership under section 18 before the end of the termination application period for the application.\n(sec.17-ssec.2) A termination application may be withdrawn during the termination application period for the application— if the application is made by 1, but not both, of the parties to the civil partnership—by the party who made the application giving the registrar a withdrawal notice in the approved form; or if the application is made by both parties—by both parties giving the registrar a withdrawal notice in the approved form.\n- (a) if the application is made by 1, but not both, of the parties to the civil partnership—by the party who made the application giving the registrar a withdrawal notice in the approved form; or\n- (b) if the application is made by both parties—by both parties giving the registrar a withdrawal notice in the approved form.","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Decision on termination application","content":"### sec.18 Decision on termination application\n\nThe registrar must, as soon as practicable after the end of the termination application period for the termination application—\nregister the termination of the civil partnership and make an endorsement to that effect on the application; or\nrefuse to register the termination of the civil partnership.\nThe registrar must register the termination of the civil partnership unless satisfied that the termination application has been withdrawn under section 17 (2) .\ns 18 sub 2012 No. 12 s 16\namd 2015 No. 33 s 19\n(sec.18-ssec.1) The registrar must, as soon as practicable after the end of the termination application period for the termination application— register the termination of the civil partnership and make an endorsement to that effect on the application; or refuse to register the termination of the civil partnership.\n(sec.18-ssec.2) The registrar must register the termination of the civil partnership unless satisfied that the termination application has been withdrawn under section 17 (2) .\n- (a) register the termination of the civil partnership and make an endorsement to that effect on the application; or\n- (b) refuse to register the termination of the civil partnership.","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"When termination of civil partnership takes effect","content":"### sec.19 When termination of civil partnership takes effect\n\nTermination of a civil partnership takes effect when the registrar registers the termination application under section 18 .\ns 19 sub 2012 No. 12 s 16\namd 2015 No. 33 s 19","sortOrder":24},{"sectionNumber":"pt.3","sectionType":"part","heading":"Civil partnership notaries","content":"# Civil partnership notaries","sortOrder":25},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Registration","content":"## Registration","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Registration of civil partnership notary","content":"### sec.20 Registration of civil partnership notary\n\nA person may apply to the registrar to be registered as a civil partnership notary.\nThe application must be—\nin the approved form; and\naccompanied by the application fee prescribed by regulation.\nThe approved form may require specified information or documents about the applicant’s relevant criminal history to be included in, attached to or given with the form.\nThe approved form may require the form, or information or documents included in, attached to or given with the form, to be verified by a statutory declaration.\nOn application by a person under this section, the registrar may register the applicant if satisfied that—\nthe applicant—\nis an adult; and\nis appropriately qualified to exercise the functions of a civil partnership notary; and\nis a suitable person to be registered as a civil partnership notary; or\nthe applicant is registered as a marriage celebrant under the Marriage Act 1961 (Cwlth) .\nIn deciding under subsection (5) (a) (iii) whether a person is a suitable person to be registered as a civil partnership notary—\nthe registrar must have regard to the relevant criminal history of the person; and\nthe registrar may have regard to anything else the registrar considers relevant.\nIf the registrar is not satisfied under subsection (5) , the registrar must refuse to register the applicant.\nIn this section—\nrelevant criminal history , of a person, means a recorded conviction, other than a spent conviction, for—\nany offence against a law of the State, another State or the Commonwealth that is punishable by imprisonment for 1 year or more; or\nany offence against this Act.\ns 20 prev s 20 om 2012 No. 12 s 17\npres s 20 ins 2015 No. 33 s 20\namd 2023 No. 23 s 247 sch 1 s 4\n(sec.20-ssec.1) A person may apply to the registrar to be registered as a civil partnership notary.\n(sec.20-ssec.2) The application must be— in the approved form; and accompanied by the application fee prescribed by regulation.\n(sec.20-ssec.3) The approved form may require specified information or documents about the applicant’s relevant criminal history to be included in, attached to or given with the form.\n(sec.20-ssec.4) The approved form may require the form, or information or documents included in, attached to or given with the form, to be verified by a statutory declaration.\n(sec.20-ssec.5) On application by a person under this section, the registrar may register the applicant if satisfied that— the applicant— is an adult; and is appropriately qualified to exercise the functions of a civil partnership notary; and is a suitable person to be registered as a civil partnership notary; or the applicant is registered as a marriage celebrant under the Marriage Act 1961 (Cwlth) .\n(sec.20-ssec.6) In deciding under subsection (5) (a) (iii) whether a person is a suitable person to be registered as a civil partnership notary— the registrar must have regard to the relevant criminal history of the person; and the registrar may have regard to anything else the registrar considers relevant.\n(sec.20-ssec.7) If the registrar is not satisfied under subsection (5) , the registrar must refuse to register the applicant.\n(sec.20-ssec.8) In this section— relevant criminal history , of a person, means a recorded conviction, other than a spent conviction, for— any offence against a law of the State, another State or the Commonwealth that is punishable by imprisonment for 1 year or more; or any offence against this Act.\n- (a) in the approved form; and\n- (b) accompanied by the application fee prescribed by regulation.\n- (a) the applicant— (i) is an adult; and (ii) is appropriately qualified to exercise the functions of a civil partnership notary; and (iii) is a suitable person to be registered as a civil partnership notary; or\n- (i) is an adult; and\n- (ii) is appropriately qualified to exercise the functions of a civil partnership notary; and\n- (iii) is a suitable person to be registered as a civil partnership notary; or\n- (b) the applicant is registered as a marriage celebrant under the Marriage Act 1961 (Cwlth) .\n- (i) is an adult; and\n- (ii) is appropriately qualified to exercise the functions of a civil partnership notary; and\n- (iii) is a suitable person to be registered as a civil partnership notary; or\n- (a) the registrar must have regard to the relevant criminal history of the person; and\n- (b) the registrar may have regard to anything else the registrar considers relevant.\n- (a) any offence against a law of the State, another State or the Commonwealth that is punishable by imprisonment for 1 year or more; or\n- (b) any offence against this Act.","sortOrder":27},{"sectionNumber":"sec.20A","sectionType":"section","heading":"Annual registration fee and annual return","content":"### sec.20A Annual registration fee and annual return\n\nA person registered as a civil partnership notary under section 20 must—\ngive the registrar the annual registration fee prescribed by regulation by the day prescribed by regulation; and\nby the day prescribed by regulation, give the registrar an annual return, in the approved form, about the information given for the application for the registration.\nThe approved form may require the form, or information or documents included in, attached to or given with the form, to be verified by a statutory declaration.\ns 20A ins 2015 No. 33 s 20\n(sec.20A-ssec.1) A person registered as a civil partnership notary under section 20 must— give the registrar the annual registration fee prescribed by regulation by the day prescribed by regulation; and by the day prescribed by regulation, give the registrar an annual return, in the approved form, about the information given for the application for the registration.\n(sec.20A-ssec.2) The approved form may require the form, or information or documents included in, attached to or given with the form, to be verified by a statutory declaration.\n- (a) give the registrar the annual registration fee prescribed by regulation by the day prescribed by regulation; and\n- (b) by the day prescribed by regulation, give the registrar an annual return, in the approved form, about the information given for the application for the registration.","sortOrder":28},{"sectionNumber":"sec.21","sectionType":"section","heading":"Register of civil partnership notaries","content":"### sec.21 Register of civil partnership notaries\n\nThe registrar must keep a register of persons registered as civil partnership notaries under this Act.\nThe register may be kept in any form, including electronically, that the registrar decides.\nThe register must include the following information for each person registered as a civil partnership notary—\nthe person’s full name;\nthe person’s address and contact details;\nthe date the person was registered;\nif the person’s registration is cancelled or otherwise ends—the date the registration ends.\nThe register must be published on the department’s website.\nHowever, information mentioned in subsection (3) (b) may be published on the department’s website only if the civil partnership notary consents.\ns 21 prev s 21 om 2012 No. 12 s 17\npres s 21 ins 2015 No. 33 s 20\n(sec.21-ssec.1) The registrar must keep a register of persons registered as civil partnership notaries under this Act.\n(sec.21-ssec.2) The register may be kept in any form, including electronically, that the registrar decides.\n(sec.21-ssec.3) The register must include the following information for each person registered as a civil partnership notary— the person’s full name; the person’s address and contact details; the date the person was registered; if the person’s registration is cancelled or otherwise ends—the date the registration ends.\n(sec.21-ssec.4) The register must be published on the department’s website.\n(sec.21-ssec.5) However, information mentioned in subsection (3) (b) may be published on the department’s website only if the civil partnership notary consents.\n- (a) the person’s full name;\n- (b) the person’s address and contact details;\n- (c) the date the person was registered;\n- (d) if the person’s registration is cancelled or otherwise ends—the date the registration ends.","sortOrder":29},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Cancellation","content":"## Cancellation","sortOrder":30},{"sectionNumber":"sec.22","sectionType":"section","heading":"Application of div 2","content":"### sec.22 Application of div 2\n\nThis division applies if the registrar considers that a person registered as a civil partnership notary—\nis not, or is no longer, a suitable person to be registered as a civil partnership notary; or\nhas not complied with section 20A .\ns 22 prev s 22 om 2012 No. 12 s 17\npres s 22 ins 2015 No. 33 s 20\n- (a) is not, or is no longer, a suitable person to be registered as a civil partnership notary; or\n- (b) has not complied with section 20A .","sortOrder":31},{"sectionNumber":"sec.22A","sectionType":"section","heading":"Registrar may seek further information","content":"### sec.22A Registrar may seek further information\n\nTo decide under section 22 (a) whether a person is not, or is no longer, a suitable person to be registered as a civil partnership notary, the registrar may ask the person to provide further information.\ns 22A ins 2015 No. 33 s 20","sortOrder":32},{"sectionNumber":"sec.23","sectionType":"section","heading":"Show cause notice","content":"### sec.23 Show cause notice\n\nThe registrar must give the person a notice under this section (a show cause notice ).\nThe show cause notice must state the following—\nthat the registrar proposes to cancel the person’s registration as a civil partnership notary (the proposed action );\nthe ground for the proposed action;\nan outline of the facts and circumstances forming the basis for the ground;\nan invitation to the person to show within a stated period (the show cause period ) why the proposed action should not be taken.\nThe show cause period must end at least 30 days after the show cause notice is given to the person.\ns 23 prev s 23 om 2012 No. 12 s 17\npres s 23 ins 2015 No. 33 s 20\n(sec.23-ssec.1) The registrar must give the person a notice under this section (a show cause notice ).\n(sec.23-ssec.2) The show cause notice must state the following— 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.\n(sec.23-ssec.3) The show cause period must end at least 30 days after the show cause notice is given to the person.\n- (a) that the registrar proposes to cancel the person’s registration as a civil partnership notary (the proposed action );\n- (b) the ground for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the ground;\n- (d) an invitation to the person to show within a stated period (the show cause period ) why the proposed action should not be taken.","sortOrder":33},{"sectionNumber":"sec.24","sectionType":"section","heading":"Representations about show cause notice","content":"### sec.24 Representations about show cause notice\n\nThe person may make written representations about the show cause notice to the registrar in the show cause period.\nThe registrar must consider all written representations (the accepted representations ) made under subsection (1) .\ns 24 prev s 24 om 2012 No. 12 s 17\npres s 24 ins 2015 No. 33 s 20\n(sec.24-ssec.1) The person may make written representations about the show cause notice to the registrar in the show cause period.\n(sec.24-ssec.2) The registrar must consider all written representations (the accepted representations ) made under subsection (1) .","sortOrder":34},{"sectionNumber":"sec.25","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.25 Ending show cause process without further action\n\nIf, after considering the accepted representations for the show cause notice, the registrar no longer considers the ground exists to cancel the registration, the registrar—\nmust not take further action about the show cause notice; and\nmust, as soon as practicable, give notice to the person that no further action will be taken about the show cause notice.\ns 25 prev s 25 om 2012 No. 12 s 17\npres s 25 ins 2015 No. 33 s 20\n- (a) must not take further action about the show cause notice; and\n- (b) must, as soon as practicable, give notice to the person that no further action will be taken about the show cause notice.","sortOrder":35},{"sectionNumber":"sec.26","sectionType":"section","heading":"Cancellation of relevant authority","content":"### sec.26 Cancellation of relevant authority\n\nThis section applies if, after considering the accepted representations for the show cause notice, the registrar—\nstill considers the ground exists to cancel the registration; and\nconsiders cancellation of the registration is warranted.\nThis section also applies if there are no accepted representations for the show cause notice.\nThe registrar may decide to cancel the registration.\nThe decision does not take effect until—\nthe last day to apply to QCAT for a review of the decision; or\nSee the QCAT Act , section 33 (Making an application) for the last day to apply to QCAT.\nif an application for review by QCAT is made—the day the review is decided or the application for review otherwise ends.\nThe registrar may refund the whole, or a part, of an annual registration fee paid by the person.\nIn this section—\nannual registration fee means the fee prescribed under section 20A (1) (a) .\ns 26 prev s 26 om 2012 No. 12 s 17\npres s 26 ins 2015 No. 33 s 20\n(sec.26-ssec.1) This section applies if, after considering the accepted representations for the show cause notice, the registrar— still considers the ground exists to cancel the registration; and considers cancellation of the registration is warranted.\n(sec.26-ssec.2) This section also applies if there are no accepted representations for the show cause notice.\n(sec.26-ssec.3) The registrar may decide to cancel the registration.\n(sec.26-ssec.4) The decision does not take effect until— the last day to apply to QCAT for a review of the decision; or See the QCAT Act , section 33 (Making an application) for the last day to apply to QCAT. if an application for review by QCAT is made—the day the review is decided or the application for review otherwise ends.\n(sec.26-ssec.5) The registrar may refund the whole, or a part, of an annual registration fee paid by the person.\n(sec.26-ssec.6) In this section— annual registration fee means the fee prescribed under section 20A (1) (a) .\n- (a) still considers the ground exists to cancel the registration; and\n- (b) considers cancellation of the registration is warranted.\n- (a) the last day to apply to QCAT for a review of the decision; or Note— See the QCAT Act , section 33 (Making an application) for the last day to apply to QCAT.\n- (b) if an application for review by QCAT is made—the day the review is decided or the application for review otherwise ends.","sortOrder":36},{"sectionNumber":"pt.4","sectionType":"part","heading":"Notification and review of decisions","content":"# Notification and review of decisions","sortOrder":37},{"sectionNumber":"sec.27","sectionType":"section","heading":"Definition for pt 4","content":"### sec.27 Definition for pt 4\n\nIn this part—\nreviewable 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.","sortOrder":38},{"sectionNumber":"sec.28","sectionType":"section","heading":"Reviewable decision notices","content":"### sec.28 Reviewable decision notices\n\nIf 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.","sortOrder":39},{"sectionNumber":"sec.29","sectionType":"section","heading":"Applications for review","content":"### sec.29 Applications for review\n\nThe following may apply to QCAT for review of a reviewable decision—\nan entity mentioned in schedule 1 , column 4 in relation to the decision;\nany other person whose interests are affected by the decision.\n- (a) an entity mentioned in schedule 1 , column 4 in relation to the decision;\n- (b) any other person whose interests are affected by the decision.","sortOrder":40},{"sectionNumber":"pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":41},{"sectionNumber":"sec.30","sectionType":"section","heading":"Void civil partnerships","content":"### sec.30 Void civil partnerships\n\nA civil partnership is void if—\neither party did not meet the eligibility criteria in section 5 when the relationship was registered as a civil partnership; or\neither party did not freely enter into the civil partnership because—\nthe party’s agreement to enter into the civil partnership was obtained by duress or fraud; or\nthe party was mistaken about the identity of the other party or the nature of the declaration under section 11 ; or\nthe party did not have the capacity within the meaning of the Guardianship and Administration Act 2000 to enter into the civil partnership.\ns 30 amd 2012 No. 12 s 18 ; 2015 No. 33 s 21\n- (a) either party did not meet the eligibility criteria in section 5 when the relationship was registered as a civil partnership; or\n- (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.\n- (i) the party’s agreement to enter into the civil partnership was obtained by duress or fraud; or\n- (ii) the party was mistaken about the identity of the other party or the nature of the declaration under section 11 ; or\n- (iii) the party did not have the capacity within the meaning of the Guardianship and Administration Act 2000 to enter into the civil partnership.\n- (i) the party’s agreement to enter into the civil partnership was obtained by duress or fraud; or\n- (ii) the party was mistaken about the identity of the other party or the nature of the declaration under section 11 ; or\n- (iii) the party did not have the capacity within the meaning of the Guardianship and Administration Act 2000 to enter into the civil partnership.","sortOrder":42},{"sectionNumber":"sec.31","sectionType":"section","heading":"Noncompliance with certain requirements","content":"### sec.31 Noncompliance with certain requirements\n\nA civil partnership is not invalid only because a requirement about the form of the notice given under section 10 was not complied with.\nA 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.\ns 31 prev s 31 om 2012 No. 12 s 19\npres s 31 ins 2015 No. 33 s 22\n(sec.31-ssec.1) A civil partnership is not invalid only because a requirement about the form of the notice given under section 10 was not complied with.\n(sec.31-ssec.2) 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.","sortOrder":43},{"sectionNumber":"sec.32","sectionType":"section","heading":"Ways in which termination application to be served","content":"### sec.32 Ways in which termination application to be served\n\nThis section applies to a document that is required under section 16 to be served on a party to a civil partnership.\nTo serve the document personally on the party, the person serving it must—\ngive the party a copy of the document; or\nif the party does not accept the copy—put the copy down in the party’s presence and tell the party in general terms what the document is; or\nif 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.\nIt is not necessary under subsection (2) to show the original of the document to the person served.\nIf a person who is required to serve a document under section 16 is unable to serve the document as mentioned in section 16 (a) or (b) , the person may ask the registrar for approval to serve the document by another method.\nThe registrar may give approval if satisfied that—\nit is impracticable, for any reason, for the document to be served as mentioned in section 16 (a) or (b) ; and\nthe alternative way is reasonably likely to bring the termination application to the other party’s attention.\nIf the registrar gives the approval—\nthe applicant must comply with any conditions imposed on the approval by the registrar; and\nfor section 16 , if a document is served on a party in accordance with the approval, the document is taken to have been served on the party.\ns 32 sub 2012 No. 12 s 20\namd 2015 No. 33 s 23\n(sec.32-ssec.1) This section applies to a document that is required under section 16 to be served on a party to a civil partnership.\n(sec.32-ssec.2) To serve the document personally on the party, the person serving it must— give the party a copy of the document; or 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 the document is; or 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.\n(sec.32-ssec.3) It is not necessary under subsection (2) to show the original of the document to the person served.\n(sec.32-ssec.4) If a person who is required to serve a document under section 16 is unable to serve the document as mentioned in section 16 (a) or (b) , the person may ask the registrar for approval to serve the document by another method.\n(sec.32-ssec.5) The registrar may give approval if satisfied that— it is impracticable, for any reason, for the document to be served as mentioned in section 16 (a) or (b) ; and the alternative way is reasonably likely to bring the termination application to the other party’s attention.\n(sec.32-ssec.6) If the registrar gives the approval— the applicant must comply with any conditions imposed on the approval by the registrar; and for section 16 , if a document is served on a party in accordance with the approval, the document is taken to have been served on the party.\n- (a) give the party a copy of the document; or\n- (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 the document is; or\n- (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.\n- (a) it is impracticable, for any reason, for the document to be served as mentioned in section 16 (a) or (b) ; and\n- (b) the alternative way is reasonably likely to bring the termination application to the other party’s attention.\n- (a) the applicant must comply with any conditions imposed on the approval by the registrar; and\n- (b) for section 16 , if a document is served on a party in accordance with the approval, the document is taken to have been served on the party.","sortOrder":44},{"sectionNumber":"sec.33","sectionType":"section","heading":"Civil partnerships under corresponding laws","content":"### sec.33 Civil partnerships under corresponding laws\n\nA regulation may provide that a relationship under a corresponding law is taken to be registered as a civil partnership under this Act.\nIn this section—\ncorresponding law means a law of another State or country prescribed by regulation to be a corresponding law for this Act.\ns 33 amd 2012 No. 12 s 21 ; 2015 No. 33 s 24\n(sec.33-ssec.1) A regulation may provide that a relationship under a corresponding law is taken to be registered as a civil partnership under this Act.\n(sec.33-ssec.2) In this section— corresponding law means a law of another State or country prescribed by regulation to be a corresponding law for this Act.","sortOrder":45},{"sectionNumber":"sec.34","sectionType":"section","heading":"Offences","content":"### sec.34 Offences\n\nA civil partnership notary commits an offence if—\nthe notary allows a declaration of civil partnership, or a purported declaration, to be made before the notary; and\nthe notice required under section 10 (including the statutory declaration and anything else required under that section) for the civil partnership—\nhas not been given to the notary; or\nwas not given to the notary within the period allowed under section 11 (2) .\nMaximum penalty—50 penalty units or 6 months imprisonment.\nA civil partnership notary commits an offence if—\nthe notary allows a declaration of civil partnership, or a purported declaration, to be made before the notary; and\nthe notary has reasonable grounds to believe that the civil partnership would be void under section 30 .\nMaximum penalty—50 penalty units or 6 months imprisonment.\nA person commits an offence if—\nthe 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\nthe declaration is made before a person (the third person ) who is not a civil partnership notary; and\nthe person knows the third person is not a civil partnership notary; and\nthe person has reasonable grounds to believe that the person’s partner believes that the third person is a civil partnership notary.\nMaximum penalty—50 penalty units or 6 months imprisonment.\ns 34 prev s 34 om 2012 No. 12 s 22\npres s 34 ins 2015 No. 33 s 25\n(sec.34-ssec.1) A civil partnership notary commits an offence if— the notary allows a declaration of civil partnership, or a purported declaration, to be made before the notary; and the notice required under section 10 (including the statutory declaration and anything else required under that section) for the civil partnership— has not been given to the notary; or was not given to the notary within the period allowed under section 11 (2) . Maximum penalty—50 penalty units or 6 months imprisonment.\n(sec.34-ssec.2) A civil partnership notary commits an offence if— the notary allows a declaration of civil partnership, or a purported declaration, to be made before the notary; and the notary has reasonable grounds to believe that the civil partnership would be void under section 30 . Maximum penalty—50 penalty units or 6 months imprisonment.\n(sec.34-ssec.3) A person commits an offence if— 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 the declaration is made before a person (the third person ) who is not a civil partnership notary; and the person knows the third person is not a civil partnership notary; and the person has reasonable grounds to believe that the person’s partner believes that the third person is a civil partnership notary. Maximum penalty—50 penalty units or 6 months imprisonment.\n- (a) the notary allows a declaration of civil partnership, or a purported declaration, to be made before the notary; and\n- (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) .\n- (i) has not been given to the notary; or\n- (ii) was not given to the notary within the period allowed under section 11 (2) .\n- (i) has not been given to the notary; or\n- (ii) was not given to the notary within the period allowed under section 11 (2) .\n- (a) the notary allows a declaration of civil partnership, or a purported declaration, to be made before the notary; and\n- (b) the notary has reasonable grounds to believe that the civil partnership would be void under section 30 .\n- (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\n- (b) the declaration is made before a person (the third person ) who is not a civil partnership notary; and\n- (c) the person knows the third person is not a civil partnership notary; and\n- (d) the person has reasonable grounds to believe that the person’s partner believes that the third person is a civil partnership notary.","sortOrder":46},{"sectionNumber":"sec.35","sectionType":"section","heading":"Approved forms","content":"### sec.35 Approved forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":47},{"sectionNumber":"sec.36","sectionType":"section","heading":"Regulation-making power","content":"### sec.36 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , a regulation may—\nprescribe fees payable under this Act; or\nprovide for the refunding or waiving of fees payable under this Act.\ns 36 sub 2012 No. 12 s 23\n(sec.36-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.36-ssec.2) Without limiting subsection (1) , a regulation may— prescribe fees payable under this Act; or provide for the refunding or waiving of fees payable under this Act.\n- (a) prescribe fees payable under this Act; or\n- (b) provide for the refunding or waiving of fees payable under this Act.","sortOrder":48},{"sectionNumber":"pt.6","sectionType":"part","heading":"Savings and transitional provisions for Civil Partnerships and Other Legislation Amendment Act 2012","content":"# Savings and transitional provisions for Civil Partnerships and Other Legislation Amendment Act 2012","sortOrder":49},{"sectionNumber":"sec.37","sectionType":"section","heading":"Definitions for pt 6","content":"### sec.37 Definitions for pt 6\n\nIn this part—\namending Act means the Civil Partnerships and Other Legislation Amendment Act 2012 .\ncivil partnership notary means—\na person registered as a civil partnership notary under the Act as in force immediately before the commencement; or\nthe registrar.\ncommencement means the day on which this section commences.\nformer , in relation to a provision, means as in force immediately before the amendment or repeal of the provision by the amending Act.\ns 37 ins 2012 No. 12 s 24\n(sec.37-ssec) In this part—\n(sec.37-ssec-oc.2) amending Act means the Civil Partnerships and Other Legislation Amendment Act 2012 . civil partnership notary means— a person registered as a civil partnership notary under the Act as in force immediately before the commencement; or the registrar. commencement means the day on which this section commences. former , in relation to a provision, means as in force immediately before the amendment or repeal of the provision by the amending Act.\n- (a) a person registered as a civil partnership notary under the Act as in force immediately before the commencement; or\n- (b) the registrar.","sortOrder":50},{"sectionNumber":"sec.38","sectionType":"section","heading":"Existing civil partnerships","content":"### sec.38 Existing civil partnerships\n\nA civil partnership in effect immediately before the commencement is taken, on the commencement, to be a registered relationship under this Act.\nTo remove any doubt, it is declared that subsection (1) applies to a civil partnership registered under former section 9 or former section 12.\ns 38 ins 2012 No. 12 s 24\n(sec.38-ssec.1) A civil partnership in effect immediately before the commencement is taken, on the commencement, to be a registered relationship under this Act.\n(sec.38-ssec.2) To remove any doubt, it is declared that subsection (1) applies to a civil partnership registered under former section 9 or former section 12.","sortOrder":51},{"sectionNumber":"sec.39","sectionType":"section","heading":"Civil partnerships under corresponding laws","content":"### sec.39 Civil partnerships under corresponding laws\n\nThis section applies to a relationship under a corresponding law that was, immediately before the commencement, taken to be registered as a civil partnership under former section 33.\nThe civil partnership is, on and from the commencement, taken to be registered as a registered relationship under this Act.\ns 39 ins 2012 No. 12 s 24\n(sec.39-ssec.1) This section applies to a relationship under a corresponding law that was, immediately before the commencement, taken to be registered as a civil partnership under former section 33.\n(sec.39-ssec.2) The civil partnership is, on and from the commencement, taken to be registered as a registered relationship under this Act.","sortOrder":52},{"sectionNumber":"sec.40","sectionType":"section","heading":"Existing applications under former s 7","content":"### sec.40 Existing applications under former s 7\n\nThis section applies if—\nbefore the commencement, 2 persons applied under former section 7 for registration of their relationship as a civil partnership; and\nimmediately before the commencement, the registrar had not decided the application under former section 9.\nOn and from the commencement, the application is taken to be an application under section 7 for registration of the relationship as a registered relationship.\ns 40 ins 2012 No. 12 s 24\n(sec.40-ssec.1) This section applies if— before the commencement, 2 persons applied under former section 7 for registration of their relationship as a civil partnership; and immediately before the commencement, the registrar had not decided the application under former section 9.\n(sec.40-ssec.2) On and from the commencement, the application is taken to be an application under section 7 for registration of the relationship as a registered relationship.\n- (a) before the commencement, 2 persons applied under former section 7 for registration of their relationship as a civil partnership; and\n- (b) immediately before the commencement, the registrar had not decided the application under former section 9.","sortOrder":53},{"sectionNumber":"sec.41","sectionType":"section","heading":"Existing notices of intention under former s 10","content":"### sec.41 Existing notices of intention under former s 10\n\nThis section applies if—\nbefore the commencement, 2 persons (the applicants ) gave a notice (a notice of intention ) under former section 10 of their intention to enter into a civil partnership; and\nimmediately before the commencement, the applicants had not made a declaration of civil partnership under former section 11.\nOn and from the commencement, the notice of intention is taken to be an application under section 7 for registration of the applicants’ relationship as a registered relationship.\nAs soon as practicable after the commencement, the registrar must give each of the applicants a written notice (the registrar’s notice ) stating that—\nthe notice of intention is taken to be an application for registration under section 7; and\n1 or both of the applicants may withdraw the application during the period ending 90 days after the day stated in the registrar’s notice (the notice period ) by giving the registrar a withdrawal notice in the approved form.\nThe applicants may, at any time during the notice period, give the registrar a notice (a renewed intention notice ) that they intend to enter into a registered relationship.\nA renewed intention notice must be signed by both applicants.\nFor section 8, the registration period is taken to be the notice period.\nSection 8(1) applies subject to subsection (8)(b).\nDespite section 9, the registrar must register the relationship under section 9(1)(a) or refuse to register the relationship under section 9(1)(b)—\nas soon as practicable after the end of the notice period; or\nif the parties give the registrar a renewed intention notice during the notice period—within 10 days after the day on which the registrar receives the notice.\ns 41 ins 2012 No. 12 s 24\n(sec.41-ssec.1) This section applies if— before the commencement, 2 persons (the applicants ) gave a notice (a notice of intention ) under former section 10 of their intention to enter into a civil partnership; and immediately before the commencement, the applicants had not made a declaration of civil partnership under former section 11.\n(sec.41-ssec.2) On and from the commencement, the notice of intention is taken to be an application under section 7 for registration of the applicants’ relationship as a registered relationship.\n(sec.41-ssec.3) As soon as practicable after the commencement, the registrar must give each of the applicants a written notice (the registrar’s notice ) stating that— the notice of intention is taken to be an application for registration under section 7; and 1 or both of the applicants may withdraw the application during the period ending 90 days after the day stated in the registrar’s notice (the notice period ) by giving the registrar a withdrawal notice in the approved form.\n(sec.41-ssec.4) The applicants may, at any time during the notice period, give the registrar a notice (a renewed intention notice ) that they intend to enter into a registered relationship.\n(sec.41-ssec.5) A renewed intention notice must be signed by both applicants.\n(sec.41-ssec.6) For section 8, the registration period is taken to be the notice period.\n(sec.41-ssec.7) Section 8(1) applies subject to subsection (8)(b).\n(sec.41-ssec.8) Despite section 9, the registrar must register the relationship under section 9(1)(a) or refuse to register the relationship under section 9(1)(b)— as soon as practicable after the end of the notice period; or if the parties give the registrar a renewed intention notice during the notice period—within 10 days after the day on which the registrar receives the notice.\n- (a) before the commencement, 2 persons (the applicants ) gave a notice (a notice of intention ) under former section 10 of their intention to enter into a civil partnership; and\n- (b) immediately before the commencement, the applicants had not made a declaration of civil partnership under former section 11.\n- (a) the notice of intention is taken to be an application for registration under section 7; and\n- (b) 1 or both of the applicants may withdraw the application during the period ending 90 days after the day stated in the registrar’s notice (the notice period ) by giving the registrar a withdrawal notice in the approved form.\n- (a) as soon as practicable after the end of the notice period; or\n- (b) if the parties give the registrar a renewed intention notice during the notice period—within 10 days after the day on which the registrar receives the notice.","sortOrder":54},{"sectionNumber":"sec.42","sectionType":"section","heading":"Declaration under former s 11","content":"### sec.42 Declaration under former s 11\n\nThis section applies if—\nbefore the commencement, 2 persons—\ngave notice under former section 10 of their intention to enter into a civil partnership; and\nmade a declaration of civil partnership under former section 11; and\nimmediately before the commencement, the registrar had not registered the relationship as a civil partnership under former section 12.\nAs soon as practicable after the commencement, the registrar must register the relationship as a registered relationship under section 9(1)(a) or refuse to register the relationship as a registered relationship under section 9(1)(b).\ns 42 ins 2012 No. 12 s 24\n(sec.42-ssec.1) This section applies if— before the commencement, 2 persons— gave notice under former section 10 of their intention to enter into a civil partnership; and made a declaration of civil partnership under former section 11; and immediately before the commencement, the registrar had not registered the relationship as a civil partnership under former section 12.\n(sec.42-ssec.2) As soon as practicable after the commencement, the registrar must register the relationship as a registered relationship under section 9(1)(a) or refuse to register the relationship as a registered relationship under section 9(1)(b).\n- (a) before the commencement, 2 persons— (i) gave notice under former section 10 of their intention to enter into a civil partnership; and (ii) made a declaration of civil partnership under former section 11; and\n- (i) gave notice under former section 10 of their intention to enter into a civil partnership; and\n- (ii) made a declaration of civil partnership under former section 11; and\n- (b) immediately before the commencement, the registrar had not registered the relationship as a civil partnership under former section 12.\n- (i) gave notice under former section 10 of their intention to enter into a civil partnership; and\n- (ii) made a declaration of civil partnership under former section 11; and","sortOrder":55},{"sectionNumber":"sec.43","sectionType":"section","heading":"Review of decisions made before commencement","content":"### sec.43 Review of decisions made before commencement\n\nThis section applies if—\nbefore the commencement—\na person has applied for the review of a reviewable decision mentioned in former schedule 1, item 1; and\nthe review has not been completed; or\non the commencement, the period within which a person may apply for the review of a reviewable decision mentioned in former schedule 1, item 1 has started but not finished.\nThe Act as it was in force immediately before the commencement continues to apply for the purpose of completion of the review of the reviewable decision.\nIf QCAT makes an order setting aside the reviewable decision, the relationship is taken to be registered as a registered relationship under this Act.\ns 43 ins 2012 No. 12 s 24\n(sec.43-ssec.1) This section applies if— before the commencement— a person has applied for the review of a reviewable decision mentioned in former schedule 1, item 1; and the review has not been completed; or on the commencement, the period within which a person may apply for the review of a reviewable decision mentioned in former schedule 1, item 1 has started but not finished.\n(sec.43-ssec.2) The Act as it was in force immediately before the commencement continues to apply for the purpose of completion of the review of the reviewable decision.\n(sec.43-ssec.3) If QCAT makes an order setting aside the reviewable decision, the relationship is taken to be registered as a registered relationship under this Act.\n- (a) before the commencement— (i) a person has applied for the review of a reviewable decision mentioned in former schedule 1, item 1; and (ii) the review has not been completed; or\n- (i) a person has applied for the review of a reviewable decision mentioned in former schedule 1, item 1; and\n- (ii) the review has not been completed; or\n- (b) on the commencement, the period within which a person may apply for the review of a reviewable decision mentioned in former schedule 1, item 1 has started but not finished.\n- (i) a person has applied for the review of a reviewable decision mentioned in former schedule 1, item 1; and\n- (ii) the review has not been completed; or","sortOrder":56},{"sectionNumber":"sec.44","sectionType":"section","heading":"Void civil partnerships","content":"### sec.44 Void civil partnerships\n\nThis section applies to a civil partnership that—\nwas entered into as mentioned in former section 6(b); and\nis taken, on and from the commencement, to be a registered relationship under section 38.\nTo remove any doubt, it is declared that the registered relationship is void if either party did not freely enter into it because the party was mistaken about the nature of the declaration made under former section 11.\ns 44 ins 2012 No. 12 s 24\n(sec.44-ssec.1) This section applies to a civil partnership that— was entered into as mentioned in former section 6(b); and is taken, on and from the commencement, to be a registered relationship under section 38.\n(sec.44-ssec.2) To remove any doubt, it is declared that the registered relationship is void if either party did not freely enter into it because the party was mistaken about the nature of the declaration made under former section 11.\n- (a) was entered into as mentioned in former section 6(b); and\n- (b) is taken, on and from the commencement, to be a registered relationship under section 38.","sortOrder":57},{"sectionNumber":"sec.45","sectionType":"section","heading":"Noncompliance with particular requirements under former ss 10 and 11","content":"### sec.45 Noncompliance with particular requirements under former ss 10 and 11\n\nThis section applies to a civil partnership that—\nwas entered into as mentioned in former section 6(b); and\nis taken, on and from the commencement, to be a registered relationship under section 38.\nOn and from the commencement, the registered relationship is not invalid only because—\na requirement about the form of the notice given under former section 10 was not complied with; or\nthe person to whom the parties gave notice under former section 10 was not a civil partnership notary, if either party believed at the time the notice was given that the person was a civil partnership notary; or\nthe person before whom the parties made the declaration under former section 11 was not a civil partnership notary, if either party believed at the time of making the declaration that the person was a civil partnership notary.\ns 45 ins 2012 No. 12 s 24\n(sec.45-ssec.1) This section applies to a civil partnership that— was entered into as mentioned in former section 6(b); and is taken, on and from the commencement, to be a registered relationship under section 38.\n(sec.45-ssec.2) On and from the commencement, the registered relationship is not invalid only because— a requirement about the form of the notice given under former section 10 was not complied with; or the person to whom the parties gave notice under former section 10 was not a civil partnership notary, if either party believed at the time the notice was given that the person was a civil partnership notary; or the person before whom the parties made the declaration under former section 11 was not a civil partnership notary, if either party believed at the time of making the declaration that the person was a civil partnership notary.\n- (a) was entered into as mentioned in former section 6(b); and\n- (b) is taken, on and from the commencement, to be a registered relationship under section 38.\n- (a) a requirement about the form of the notice given under former section 10 was not complied with; or\n- (b) the person to whom the parties gave notice under former section 10 was not a civil partnership notary, if either party believed at the time the notice was given that the person was a civil partnership notary; or\n- (c) the person before whom the parties made the declaration under former section 11 was not a civil partnership notary, if either party believed at the time of making the declaration that the person was a civil partnership notary.","sortOrder":58},{"sectionNumber":"sec.46","sectionType":"section","heading":"References in Acts and documents to civil partnership","content":"### sec.46 References in Acts and documents to civil partnership\n\nA reference in an Act or document to a civil partnership or a civil partner is, on and from the commencement and if the context permits, taken to be a reference to a registered relationship or registered partner.\ns 46 ins 2012 No. 12 s 24","sortOrder":59},{"sectionNumber":"pt.7","sectionType":"part","heading":"Savings and transitional provisions for Relationships (Civil Partnerships) and Other Acts Amendment Act 2015","content":"# Savings and transitional provisions for Relationships (Civil Partnerships) and Other Acts Amendment Act 2015","sortOrder":60},{"sectionNumber":"sec.47","sectionType":"section","heading":"Definitions for pt 7","content":"### sec.47 Definitions for pt 7\n\nIn this part—\namending Act means the Relationships (Civil Partnerships) and Other Acts Amendment Act 2015 .\nformer , in relation to a provision, means the provision as in force immediately before the amendment or repeal of the provision by the amending Act.\ns 47 prev s 47 ins 2012 No. 12 s 24\nom 2013 No. 39 s 109 sch 2\npres s 47 ins 2015 No. 33 s 26","sortOrder":61},{"sectionNumber":"sec.48","sectionType":"section","heading":"Existing registered relationships","content":"### sec.48 Existing registered relationships\n\nA registered relationship in effect immediately before the commencement is taken, on the commencement, to be a civil partnership under this Act.\ns 48 prev s 48 ins 2012 No. 12 s 24\nexp 27 June 2013 (see s 48(5))\npres s 48 ins 2015 No. 33 s 26","sortOrder":62},{"sectionNumber":"sec.49","sectionType":"section","heading":"Registered relationships under corresponding laws","content":"### sec.49 Registered relationships under corresponding laws\n\nThis section applies to a relationship under a corresponding law that was, immediately before the commencement, taken to be registered as a registered relationship under former section 33.\nThe registered relationship is, on and from the commencement, taken to be registered as a civil partnership under this Act.\nIn this section—\ncorresponding law see section 33(2).\ns 49 ins 2015 No. 33 s 26\n(sec.49-ssec.1) This section applies to a relationship under a corresponding law that was, immediately before the commencement, taken to be registered as a registered relationship under former section 33.\n(sec.49-ssec.2) The registered relationship is, on and from the commencement, taken to be registered as a civil partnership under this Act.\n(sec.49-ssec.3) In this section— corresponding law see section 33(2).","sortOrder":63},{"sectionNumber":"sec.50","sectionType":"section","heading":"Existing applications under former s 7","content":"### sec.50 Existing applications under former s 7\n\nThis section applies if—\nbefore the commencement, 2 persons applied under former section 7 for registration of their relationship as a registered relationship; and\nimmediately before the commencement, the registrar had not decided the application under former section 9.\nOn and from the commencement, the application is taken to be an application under section 7 for registration of the relationship as a civil partnership.\ns 50 ins 2015 No. 33 s 26\n(sec.50-ssec.1) This section applies if— before the commencement, 2 persons applied under former section 7 for registration of their relationship as a registered relationship; and immediately before the commencement, the registrar had not decided the application under former section 9.\n(sec.50-ssec.2) On and from the commencement, the application is taken to be an application under section 7 for registration of the relationship as a civil partnership.\n- (a) before the commencement, 2 persons applied under former section 7 for registration of their relationship as a registered relationship; and\n- (b) immediately before the commencement, the registrar had not decided the application under former section 9.","sortOrder":64},{"sectionNumber":"sec.51","sectionType":"section","heading":"Review of particular decisions","content":"### sec.51 Review of particular decisions\n\nThis section applies if—\nbefore the commencement—\na person has applied for the review of a reviewable decision mentioned in former schedule 1; and\nthe review has not been completed; or\non the commencement, the period within which a person may apply for the review of a reviewable decision mentioned in former schedule 1 has started but not finished.\nThis Act as it was in force immediately before the commencement continues to apply for the purpose of completion of the review of the reviewable decision.\nIf QCAT makes an order setting aside the reviewable decision mentioned in former schedule 1, item 1, the registered relationship is taken to be registered as a civil partnership under this Act.\nIf QCAT makes an order setting aside the reviewable decision mentioned in former schedule 1, item 2, the termination of the registered relationship is taken to be registered as the termination of the civil partnership under this Act.\ns 51 ins 2015 No. 33 s 26\n(sec.51-ssec.1) This section applies if— before the commencement— a person has applied for the review of a reviewable decision mentioned in former schedule 1; and the review has not been completed; or on the commencement, the period within which a person may apply for the review of a reviewable decision mentioned in former schedule 1 has started but not finished.\n(sec.51-ssec.2) This Act as it was in force immediately before the commencement continues to apply for the purpose of completion of the review of the reviewable decision.\n(sec.51-ssec.3) If QCAT makes an order setting aside the reviewable decision mentioned in former schedule 1, item 1, the registered relationship is taken to be registered as a civil partnership under this Act.\n(sec.51-ssec.4) If QCAT makes an order setting aside the reviewable decision mentioned in former schedule 1, item 2, the termination of the registered relationship is taken to be registered as the termination of the civil partnership under this Act.\n- (a) before the commencement— (i) a person has applied for the review of a reviewable decision mentioned in former schedule 1; and (ii) the review has not been completed; or\n- (i) a person has applied for the review of a reviewable decision mentioned in former schedule 1; and\n- (ii) the review has not been completed; or\n- (b) on the commencement, the period within which a person may apply for the review of a reviewable decision mentioned in former schedule 1 has started but not finished.\n- (i) a person has applied for the review of a reviewable decision mentioned in former schedule 1; and\n- (ii) the review has not been completed; or","sortOrder":65},{"sectionNumber":"sec.52","sectionType":"section","heading":"References in Acts and documents","content":"### sec.52 References in Acts and documents\n\nA reference in an Act or document to a registered relationship or a registered partner is, from the commencement and if the context permits, taken to be a reference to a civil partnership or civil partner.\nA reference in an Act or document to the Relationships Act 2011 is, from the commencement and if the context permits, taken to be a reference to the Civil Partnerships Act 2011 .\ns 52 ins 2015 No. 33 s 26\n(sec.52-ssec.1) A reference in an Act or document to a registered relationship or a registered partner is, from the commencement and if the context permits, taken to be a reference to a civil partnership or civil partner.\n(sec.52-ssec.2) A reference in an Act or document to the Relationships Act 2011 is, from the commencement and if the context permits, taken to be a reference to the Civil Partnerships Act 2011 .","sortOrder":66}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"other","section":"sec.5(b)(iii)-(vi)","severity":"medium","reasoning":"The Act in sec.4(1) and sec.6 expressly applies 'regardless of sex', yet the prohibited relationship list employs binary-gendered sibling terms. This creates potential ambiguity about coverage for all persons. The Marriage Act 1961 (Cth) and comparable state legislation typically use 'sibling' as a gender-neutral term. The mismatch between the Act's inclusive framing and its gendered prohibited relationship list is a logical inconsistency.","confidence":0.65,"description":"The prohibited relationships list uses gendered sibling terms (sister, half-sister, brother, half-brother) but the Act applies to persons regardless of sex. A person of non-binary gender identity or a transgender person may not clearly fall within these gendered categories, creating uncertainty about whether the prohibition applies to them. The list also omits the gender-neutral concept of 'sibling', meaning a same-sex couple who are siblings could arguably argue neither is the other's 'brother' or 'sister' in the traditional sense if one or both parties does not identify with those gendered terms."},{"type":"other","section":"sec.9(2) and sec.18(2)","severity":"low","reasoning":"A withdrawal extinguishes the application. The operative consequence should be that the registrar takes no action, not that the registrar 'refuses' the registration. The same logical flaw appears in sec.18(2) for termination applications. While this is more a drafting absurdity than a compliance trap, it could cause confusion about what goes on the register and whether a refusal triggers review rights under pt.4.","confidence":0.7,"description":"The registrar is directed to register a civil partnership or its termination 'unless satisfied' of the stated grounds to refuse — yet one of those grounds in sec.9(2)(b) is that 'one or both of the persons has withdrawn the application under section 8(2)'. If the application has been validly withdrawn, it ceases to exist as a valid application; the registrar then has no application to act upon. Framing withdrawal as a ground to 'refuse to register' rather than to 'take no further action' is logically incoherent: one cannot refuse to grant something that has been retracted."},{"type":"other","section":"sec.15(3)(a) and sec.16","severity":"low","reasoning":"In practice, courts interpret such requirements as mandating prior service, but the Act's silence on sequencing creates a technical ambiguity. A literal reading could allow someone to file the statutory declaration attesting to future intended service.","confidence":0.55,"description":"Section 15(3)(a) requires a statutory declaration stating that the other party 'has been served under section 16', but section 16 is what requires the applicant to carry out the service. The statutory declaration must accompany the termination application at lodgment, yet service must occur before lodgment. The declaration therefore must attest to completed service before the application is filed. However, sec.16 does not specify a timeframe for service relative to lodgment, nor does it indicate service must precede lodgment. This creates an implicit chicken-and-egg problem: the applicant must file evidence of service with the application, but the Act does not explicitly require service to precede filing."},{"type":"other","section":"sec.20(5)(b)","severity":"high","reasoning":"Section 20(5) sets up an either/or: satisfy sec.20(5)(a) (adult, qualified, suitable) OR be a registered Commonwealth marriage celebrant. The suitability assessment in sec.20(6), including mandatory consideration of criminal history, only applies to the sec.20(5)(a)(iii) pathway. A marriage celebrant who is, for example, convicted of a sexual offence could be registered as a civil partnership notary with no mechanism to refuse. This is a significant policy absurdity creating a regulatory loophole.","confidence":0.85,"description":"A registered marriage celebrant under the Marriage Act 1961 (Cth) may be registered as a civil partnership notary without being required to be an adult, appropriately qualified, or a suitable person (including criminal history checks). The Act creates a two-track registration system where Commonwealth marriage celebrants bypass all suitability criteria that apply to other applicants. A marriage celebrant with serious criminal convictions relevant to suitability could be registered as a civil partnership notary without the registrar having any power to consider those factors."},{"type":"circular_definition","section":"sec.26(2) and sec.22","severity":"low","reasoning":"The term 'accepted representations' in sec.24(2) is defined as representations made under sec.24(1). When no representations are made, the concept of 'accepted representations' is a nullity. Sec.26(2) then attempts to invoke an undefined concept. While the legislative intent is clear (the cancellation process continues even without representations), the drafting is technically circular.","confidence":0.6,"description":"Section 26(2) provides that sec.26 'also applies if there are no accepted representations for the show cause notice'. However, 'accepted representations' is defined in sec.24(2) as written representations made under sec.24(1). If no representations are made, there are no 'accepted representations' by definition, but the section still purports to apply. This is circular: the section applies when there are no accepted representations, but 'accepted representations' is a term that only has meaning when representations have been made and considered."},{"type":"self_contradicting","section":"sec.34(3)","severity":"medium","reasoning":"The criminal offence in sec.34(3) targets deliberate deception about a notary's status. Sec.31(2) saves the validity of the resulting civil partnership where one party believed the person was a notary. The combined effect is that a fraudulent actor can be punished but the legal product of their fraud (the civil partnership) stands. While this may be a deliberate policy choice to protect the innocent party, it creates the logical absurdity of a valid civil partnership entered into via criminal deception.","confidence":0.75,"description":"Section 34(3) creates an offence where Person A makes a declaration under sec.11 knowing the third person is not a civil partnership notary, and knowing their partner believes the third person is a civil partnership notary. However, sec.31(2) provides that a civil partnership is not invalid in exactly this scenario if 'either party believed...that the person was a civil partnership notary'. The Act simultaneously criminalises the knowing deception while saving the legal validity of the civil partnership that results from it. This means a person could be convicted of an offence that produced a legally valid civil partnership."},{"type":"other","section":"sec.41(6) and sec.41(7)","severity":"low","reasoning":"The substitution of 'registration period' for 'cooling-off period' in the transitional provision is a drafting error that could cause interpretive uncertainty about which period is operative for the purposes of sec.8.","confidence":0.65,"description":"Section 41(6) states 'For section 8, the registration period is taken to be the notice period', and sec.41(7) states 'Section 8(1) applies subject to subsection (8)(b)'. Section 8 refers to a 'cooling-off period', not a 'registration period'. The transitional provision substitutes a 'notice period' for a 'cooling-off period' by calling it a 'registration period', creating terminological confusion. 'Registration period' is not a defined term in the Act; the relevant term in sec.8 is 'cooling-off period'."}],"contradictions":[{"severity":"medium","section_a":"sec.4(2)","section_b":"sec.14(1)","confidence":0.8,"description":"Section 4(2) states a civil partnership 'terminates only as provided by division 4', and the explanatory note in sec.4(2) lists termination by 'death, marriage or registration of a termination application'. However, sec.30 provides that certain civil partnerships are 'void', meaning they never legally existed. A void civil partnership cannot be 'terminated' under division 4 because it was never valid. Section 4(2)'s exclusive statement that termination occurs 'only as provided by division 4' conflicts with the void partnership mechanism in sec.30, which effectively ends a purported civil partnership outside division 4."},{"severity":"medium","section_a":"sec.6(1)","section_b":"sec.5","confidence":0.75,"description":"Section 6(1) requires parties to be 'in a relationship as a couple' before entering into a civil partnership via either pathway. However, sec.5 (the eligibility criteria) does not include being in an existing relationship as a couple as an eligibility criterion. The application process under sec.7 and the statutory declarations required do not attest to the existence of a pre-existing couple relationship. This means a couple can satisfy all eligibility criteria and the application requirements without being 'in a relationship as a couple' as required by sec.6(1), and there is no mechanism for the registrar to assess or verify this prerequisite."},{"severity":"low","section_a":"sec.10(1)","section_b":"sec.11(2)","confidence":0.55,"description":"Section 10(1) states notice must be given 'not earlier than 12 months and not later than 10 days before the declaration of civil partnership is made'. Section 11(2) states the declaration must be made 'not earlier than 10 days, and not later than 12 months, after the day the notice was given'. These provisions are mathematically equivalent but expressed from opposite temporal perspectives. The conflict arises if the notice is given exactly on the 10-day boundary: sec.10 says notice must be given 'not later than 10 days before' the declaration (implying at least 10 clear days gap), while sec.11(2) says the declaration must be made 'not earlier than 10 days after' the notice (which could be interpreted as 10 days inclusive or exclusive). The boundary day itself is ambiguous."},{"severity":"high","section_a":"sec.21(3)(b) and sec.21(4)","section_b":"sec.21(5)","confidence":0.9,"description":"Section 21(3) mandates that the register 'must include' each notary's address and contact details. Section 21(4) mandates the register 'must be published on the department's website'. Section 21(5) then provides that address/contact information 'may be published on the department's website only if the civil partnership notary consents'. This creates a direct contradiction: the registrar is compelled to include address details in the register (sec.21(3)), and compelled to publish the register (sec.21(4)), but may only publish the address details with consent (sec.21(5)). The registrar cannot simultaneously comply with the mandatory publication of a complete register and the conditional publication of addresses."},{"severity":"medium","section_a":"sec.18(2)","section_b":"sec.15(2)(a)","confidence":0.7,"description":"Section 18(2) directs the registrar to register the termination 'unless satisfied that the termination application has been withdrawn under section 17(2)'. However, sec.15(2)(a) requires the application to be accompanied by a statutory declaration that the person 'wishes to terminate the civil partnership'. The registrar has no express power to refuse a termination application on grounds other than withdrawal — including on grounds that the parties are not actually in a civil partnership, that the application is fraudulent, or that the statutory declaration is false. The grounds for refusal are exhaustively stated as withdrawal only, which may be unintentionally narrow."},{"severity":"low","section_a":"sec.46","section_b":"sec.52","confidence":0.65,"description":"Section 46 (in the 2012 transitional provisions) provides that references to 'civil partnership' are taken to be references to 'registered relationship'. Section 52(1) (in the 2015 transitional provisions) provides the reverse: references to 'registered relationship' are taken to be references to 'civil partnership'. Both transitional provisions operate prospectively from their respective commencements. Applied together after 2015, they create a circular translation loop where 'civil partnership' → 'registered relationship' (per sec.46) → 'civil partnership' (per sec.52), which is self-referential and could cause confusion in construing pre-2012 documents."}]},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act has undergone significant scope changes since its 2011 enactment. Originally focused on civil partnerships with a ceremony-based entry pathway, it was amended in 2012 to rebrand the relationships as 'registered relationships' and shift the primary entry pathway to administrative registration (removing the ceremony option). Then in 2015, it was amended again to restore the name 'civil partnerships' and reintroduce the declaration ceremony pathway alongside administrative registration. The 2015 amendments also introduced the civil partnership notary registration and oversight framework, which was not present in the original Act. The net effect is a broader and more structured regime than originally enacted, with two entry pathways and a regulated class of officiants."},"complexity_factors":["Two distinct pathways for entering a civil partnership (administrative registration vs. declaration ceremony), each with different procedural requirements and timelines","Multiple layers of transitional provisions across two separate amending Acts (2012 and 2015), including name changes from 'civil partnership' to 'registered relationship' and back again","Interplay with other Queensland and Commonwealth legislation (Births, Deaths and Marriages Registration Act 2023, Marriage Act 1961 (Cwlth), Guardianship and Administration Act 2000, QCAT Act)","Detailed procedural rules for service of termination documents, including alternative service methods requiring registrar approval","Civil partnership notary registration and cancellation framework with show cause processes and QCAT review rights","Cross-referencing provisions for relationships registered under 'corresponding laws' of other states and countries","Void vs. invalid distinction requires understanding of equitable and legal concepts around capacity, duress, fraud and mistake","Dictionary/schedule-based definitions requiring readers to navigate multiple parts of the Act to understand core terms"],"plain_english_summary":"## What is this law?\n\nThe **Civil Partnerships Act 2011** is a Queensland law that lets two adults — regardless of their gender or sexual orientation — officially register their relationship as a **civil partnership** (a legally recognised relationship similar to marriage, but distinct from it under Australian federal law).\n\n## Who does it affect?\n\n- **Couples** (same-sex or opposite-sex) who live in Queensland and want their relationship formally recognised by the state\n- **Civil partnership notaries** — authorised people (similar to marriage celebrants) who can officiate civil partnership declarations\n- **Registrar** — the government official who processes applications and maintains records\n\n## How do you enter a civil partnership?\n\nThere are **two ways**:\n1. **Simple registration** — Apply to the registrar with paperwork (statutory declarations, identity documents). There's a cooling-off period before it's registered, giving you time to change your mind.\n2. **Declaration ceremony** — Give formal notice 10 days to 12 months in advance, then make a public declaration before a civil partnership notary and at least one witness. More like a wedding ceremony.\n\n## Who is eligible?\n\nYou must be:\n- An adult (18+)\n- Not already married or in a civil partnership\n- Not closely related (no parents, children, siblings, or half-siblings)\n- Living in Queensland (at least one of you)\n\n## How does it end?\n\nA civil partnership ends automatically if:\n- Either person **dies**\n- Either person **gets married** (to anyone)\n\nOr you can apply to **terminate** it through the registrar — one or both partners can apply, there's a waiting period, and if only one applies, the other must be formally notified (served with the paperwork).\n\n## Civil Partnership Notaries\n\nTo conduct declaration ceremonies, a person must be **registered as a civil partnership notary**. They must be an adult, appropriately qualified, have a clean criminal history (no serious convictions), and pay annual fees. Their registration can be cancelled if they no longer meet the standards, with a fair process including the right to respond and appeal to QCAT (Queensland Civil and Administrative Tribunal — the state's general-purpose review body).\n\n## Can it be voided?\n\nYes — a civil partnership is **void** (treated as if it never happened) if:\n- Either person wasn't eligible when it was registered\n- Either person was forced, deceived, mistaken about who they were marrying, or lacked mental capacity\n\n## History of name changes\n\nThis Act has been renamed and restructured twice — originally called relationships were renamed \"registered relationships\" in 2012, then renamed back to \"civil partnerships\" in 2015. The Act contains detailed transition rules to ensure older relationships remained valid through these changes."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has undergone significant scope changes through amendments. Originally enacted as the Civil Partnerships Act 2011, the 2012 amendment (Civil Partnerships and Other Legislation Amendment Act 2012) effectively replaced 'civil partnerships' with 'registered relationships' and removed the declaration ceremony option. Then the 2015 amendment (Relationships (Civil Partnerships) and Other Acts Amendment Act 2015) reversed this, reinstating 'civil partnerships', reintroducing the declaration ceremony pathway, and creating the 'civil partnership notary' role. The current Act is substantially broader than the original 2011 version, now including: (1) two distinct pathways for registration, (2) a comprehensive notary registration and cancellation scheme, (3) specific criminal offences for notaries, and (4) extensive transitional provisions managing three different legislative eras (2011 original, 2012-2015 registered relationships, 2015+ civil partnerships)."},"complexity_factors":["Multiple pathways for entering into a civil partnership (registration via application vs. declaration before notary) with different procedural requirements","Extensive cross-referencing between sections (e.g., sections 6, 9, 10, 11, 12 interrelate for the declaration pathway)","Two major amendment acts (2012 and 2015) that changed the nomenclature from 'civil partnership' to 'registered relationship' and back, requiring substantial transitional provisions (Parts 6 and 7)","Multiple defined terms including 'civil partnership notary', 'prohibited relationship', 'relevant criminal history', 'reviewable decision', 'corresponding law'","Conditional logic for termination: automatic termination (death/marriage) vs. application-based termination with different rules for single vs. joint applications","Service of documents requirements with alternative methods requiring registrar approval (section 32)","Show cause process for cancellation of notary registration with multiple steps and QCAT review rights (sections 22-26)","Interaction with external legislation: Births, Deaths and Marriages Registration Act 2023, Marriage Act 1961 (Cwlth), Guardianship and Administration Act 2000, QCAT Act"],"plain_english_summary":"**What this law does:**\n\nThis is the **Civil Partnerships Act 2011** (Queensland). It creates a legal framework for **civil partnerships** — officially recognised relationships between two adults, regardless of gender.\n\n**Who it affects:**\n\n- **Couples** who want legal recognition of their relationship without getting married\n- **Civil partnership notaries** — specially registered people (including marriage celebrants) who can witness declarations\n- The **registrar** — the government official who manages registrations and keeps the official records\n\n**Key things you can do under this Act:**\n\n- **Register a civil partnership** in two ways:\n  1. Submit a paper application to the registrar (with a cooling-off period), or\n  2. Make a formal declaration before a civil partnership notary and a witness, then register it\n\n- **End a civil partnership** by:\n  - Death of either partner\n  - Either partner getting married (to someone else)\n  - Applying to the registrar to terminate it (with a waiting period and service requirements if only one partner applies)\n\n**Important rules:**\n\n- Both people must be adults, not already married or in a civil partnership, not closely related (no parent/child or sibling relationships), and at least one must live in Queensland\n- There are **cooling-off periods** — you can't register immediately; you must wait to make sure you really want to do this\n- Civil partnerships can be **void** (legally invalid) if someone was forced, tricked, mistaken about who they were partnering with, or lacked legal capacity (understood what they were doing)\n\n**Why it matters:**\n\nThis gives couples — including same-sex couples — a way to have their relationship formally recognised by the government. This recognition can affect things like property rights, medical decisions, and how you're treated by government agencies. The Act was amended in 2012 and 2015, switching between calling these \"civil partnerships\" and \"registered relationships\" and back again, which is why there are extensive transitional rules for people who registered under earlier versions."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act maintains the core substantive scope—legal recognition of a relationship between two adults regardless of sex and the same eligibility constraints (secs 4–5)—but introduces and formalises procedural and regulatory machinery that differs from earlier arrangements. Key scope changes in the text include: (1) a formal registration and record-keeping linkage with the births/deaths/marriages register (secs 6, 9, 12); (2) a regulated scheme for civil partnership notaries including suitability checks, fees and annual returns (secs 20, 20A, 21); (3) delegated regulation-making power for fees and forms (sec 36); and (4) transitional provisions that convert earlier \"registered relationships\" and pending applications into the civil partnership framework (pt 6 and pt 7, e.g. secs 38–46, 48–52). Those changes are procedural and administrative in character: they alter how recognition and oversight are delivered rather than broadening or narrowing the basic class of relationships that the Act covers (sec 4, sec 5)."},"complexity_factors":["Multiple procedural pathways to form a partnership (application to registrar vs notice-and-declare via a notary) (secs 6, 9, 10–12).","Extensive documentary and timing requirements: approved forms, statutory declarations, identity documents, cooling-off/notice periods and service methods (secs 7, 8, 10, 11, 16, 17, 32).","Registrar discretion across many stages (requesting further information, approving alternate service, deciding notary suitability, cancelling registrations) (secs 7(3), 20(5–6), 22–26, 32(4–6)).","Regulatory delegation for fees and forms and cross‑references to other Acts and registers (sec 36; refs to Births, Deaths and Marriages Registration Act 2023, Marriage Act 1961 and Guardianship and Administration Act 2000) (secs 6, 20).","Statutory offences and penalties applying to notaries and participants that require careful compliance (sec 34).","Transitional and savings provisions carrying forward prior registrations, notices and in‑progress reviews across multiple amendment acts, which require cross-temporal interpretation (pt 6 and pt 7, e.g. secs 38–46, 48–52).","Publication and privacy choices for the notary register (sec 21(4)–(5)).","Appeal and review routes involving external tribunal (QCAT) and time limits tied to cancellation decisions (secs 26, 27–29)."],"plain_english_summary":"# What this law does (mechanics)\n\n- Creates a legal category called a \"civil partnership\" that any two adults can enter into, regardless of sex (sec 4).  Civil partnerships stay in force until ended by death, marriage or a registered termination (sec 4, sec 14, sec 19).\n\n- Provides two ways to form a partnership:\n  - Apply to the registrar to have the relationship registered (application pathway) (secs 6–9); or\n  - Give a timed notice to a civil partnership notary, make a declaration before that notary with a witness, then have the registrar record the declaration (notice-and-declare pathway) (secs 6, 10–12).\n\n- Sets eligibility requirements: each person must be unmarried and not already in a civil partnership, must not be in a prohibited family relationship (lineal ancestor/descendant, sibling, half-sibling) with the other person, and at least one person must live in Queensland (sec 5).\n\n- Requires paperwork and identity proof: applications and notices must be in approved forms and accompanied by statutory declarations and documents proving identity/age; the registrar can ask for additional information (secs 7, 10, 35).  There is a cooling-off/notice period for applications and declarations during which an applicant may withdraw (secs 8, 10, 11, 17).\n\n- Registers and records: when registered, particulars are entered in the births/deaths/marriages register (sec 6, sec 9).  The registrar decides whether to register or refuse, subject to the eligibility rules and withdrawal rights (sec 9, sec 12).\n\n- Termination: one or both partners may apply to the registrar to terminate the partnership; single-party terminations require personal service or registered post with specified evidentiary steps (secs 14–19, 16, 32).\n\n- Civil partnership notaries (people authorised to receive notices and witness declarations): a person may apply to the registrar to be registered as a civil partnership notary, subject to suitability checks including relevant criminal history; notaries pay application/annual fees and must provide annual returns (secs 20, 20A, 21).  The registrar keeps and publishes a register of notaries (sec 21), but contact details publishable only with consent (sec 21(5)).\n\n- Oversight and enforcement: the registrar has discretion to request information, approve alternative service methods, register or refuse or cancel notaries, and to issue show-cause notices before cancelling a notary registration; decisions can be reviewed by QCAT as provided (secs 7(3), 20(5–6), 22–26, pt 4 (secs 27–29)).  There are criminal offences for notaries or others who knowingly permit or simulate improper declarations (sec 34).\n\n- Fees and regulations: the Act delegates fee-setting and other detailed requirements to regulation (sec 36), including fees for applications, notary registration and annual returns (secs 15, 20, 20A).\n\n- Transitional and saving provisions: the Act contains multiple transitional provisions that convert earlier \"registered relationships\" and earlier notices/applications into the new civil partnership framework, and preserves unfinished review processes under prior law (pt 6 and pt 7, eg secs 38–46, 48–52).\n\n\n# Who this affects (directly)\n\n- Two adults who want legal recognition of their relationship (secs 4–6, 5).\n- The registrar (central decision-maker for registration, record-keeping and oversight) (secs 6, 7(3), 9, 12, 20, 21, 23–26).\n- Civil partnership notaries and prospective notaries (registration, fees, annual return, possible cancellation and criminal liability) (secs 20, 20A, 21, 22–26, 34).\n- The partner who is asked to be served with a termination application (service rules and rights to respond or withdraw) (secs 15–19, 16, 32).\n- QCAT as the review body for specified registrar decisions (pt 4, sec 26).\n\n\n# Why it matters (purpose claims and a test against costs, incentives and trade-offs)\n\nThe text establishes a statutory procedure for recognising and ending civil partnerships, and a regulatory framework for persons who act as notaries for declarations (secs 4, 6, 20).  The Act’s stated legal effect is to register and record partnerships in the births/deaths/marriages register (secs 6, 9, 12).  That is the Act’s operative purpose as expressed in the provisions.\n\nTesting those purpose-claims against practical mechanics in the Act:\n\n- Costs and who pays: applicants and notaries face fees set by regulation (sec 15, sec 20, sec 20A, sec 36).  Parties also bear time and documentary costs—statutory declarations, identity documents, waiting periods, and service costs when one partner applies to terminate (secs 7, 8, 10, 11, 16, 17, 32).  The registrar may refund some fees for cancelled notary registrations (sec 26).\n\n- Incentives and behaviour: the Act creates two alternative formation pathways (direct application to the registrar or notice-and-declare via an authorised notary), allowing couples to choose the route that suits them (sec 6).  It creates an incentive for independent celebrants/notaries to register and comply (fees, annual return, publication of register subject to consent) (secs 20, 20A, 21).  It also creates an incentive for parties and notaries to follow notice timing rules and document requirements because refusal, voiding or criminal penalties are available where the statutory conditions are not met (secs 9, 30, 34).\n\n- Trade-offs and administrative discretion: the registrar has multiple discretionary powers (to require additional documents (sec 7(3)), to decide suitability for notaries having regard to criminal history (sec 20(5)–(6)), to approve alternative service methods (sec 32(4)–(6)) and to cancel notary registrations following a show-cause process (secs 22–26)).  Those powers speed practical administration but concentrate decision-making in the registrar and make outcomes depend partly on administrative judgment.\n\n- Compliance burden and implementation risk: forming or ending a partnership requires adherence to procedural steps (forms, declarations, notices, timing, service rules).  Failure to meet eligibility can render a partnership void (sec 30).  Certain procedural errors do not invalidate a partnership if parties reasonably believed a person was a notary or if notice form requirements were not complied with (sec 31 and transitional equivalents), which reduces some implementation risk.\n\n- Effects on private enterprise and individual choice: the Act primarily regulates personal legal status, not commercial markets.  Direct impacts on competition, prices, productivity, ownership or speech are not established in the text.  The provisions that most affect independent service providers are the registration, fee and annual-return requirements for civil partnership notaries (secs 20, 20A, 21) and criminal liability for misconduct (sec 34).  Those provisions impose a regulatory compliance cost on people who act as notaries and create a formal role that could substitute for existing celebrant or legal services.\n\n- Concentrated benefits and diffuse costs: benefits are concentrated to couples who obtain legal recognition and to registered notaries who can offer declaration services; costs are borne in many small ways (fees, time, documentary requirements) by applicants and by the registrar (administration), though fee-setting power is delegated to regulation (sec 36).  The Act contains refund/waiver powers for fees (sec 36(2), sec 26).\n\n- Remedies and review: decisions by the registrar are notified and reviewable under the Act and by QCAT where specified (pt 4, secs 27–29, sec 26).  That creates an administrative appeals pathway.\n\n\n# Practical points to note\n\n- There are two formation routes; parties should pick the one that fits their timing and evidentiary situation (sec 6).\n- The registrar is the operational centre: it receives applications, keeps registers, approves notaries, and handles service exceptions (secs 6–9, 20–21, 32).\n- Notaries must meet suitability checks and pay fees and provide annual returns; failure to comply can trigger cancellation after a formal show-cause process (secs 20, 20A, 22–26).\n- Some procedural mistakes do not automatically void a partnership if parties reasonably believed they complied with notary requirements (sec 31).\n- Transitional provisions convert prior \"registered relationships\" and in-progress applications into the civil partnership framework so earlier forms and pending matters continue to have effect (pt 6 and pt 7, e.g. secs 38–45, 48–52).\n\n(References are to the sections of the Civil Partnerships Act 2011 cited above.)"}},"importantCases":[],"_links":{"self":"/api/acts/civil-partnerships-act-2011","history":"/api/acts/civil-partnerships-act-2011/history","analysis":"/api/acts/civil-partnerships-act-2011/analysis","conflicts":"/api/acts/civil-partnerships-act-2011/conflicts","importantCases":"/api/acts/civil-partnerships-act-2011/important-cases","documents":"/api/acts/civil-partnerships-act-2011/documents"}}