{"id":"a-2012-40","name":"Civil Unions Act 2012","slug":"civil-unions-act-2012","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"40 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23214,"registerId":"act-a-2012-40-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Unions Act 2012","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCivil Unions Act 2012\nA2012-40\nRepublication No 8\nEffective: 16 November 2025\nRepublication date: 16 November 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Civil Unions Act 2012 (including any amendment made under the\nLegislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 November 2025. It also\nincludes any commencement, amendment, repeal or expiry affecting this republished law to\n16 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR8\n16/11/25\nCivil Unions Act 2012\nEffective: 16/11/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCivil Unions Act 2012\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 3\nPart 2 Civil unions\nDivision 2.1 General\n6 Civil unions—general 4\nDivision 2.2 Eligibility for entering into civil union\n7 Eligibility criteria 4\nDivision 2.3 Entering into civil union\n8 Notice of intention to enter into civil union 5\n9 How civil union is entered into 6\n\nContents\nPage\ncontents 2 Civil Unions Act 2012\nEffective: 16/11/25\nR8\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 When civil union has effect 7\nDivision 2.4 Ending civil union\n11 How civil union ends 7\n12 Ending civil union by parties 7\n13 Order that termination notice not effective 9\n14 Ending civil union by court order 10\nPart 3 Civil union celebrants\n15 Registration of civil union celebrants 11\n16 Register of civil union celebrants 12\n17 Cancellation of registration 13\nPart 4 Notification and review of decisions\n18 Meaning of reviewable decision—pt 4 14\n19 Reviewable decision notices 14\n20 Applications for review 14\nPart 5 Miscellaneous\n21 Void civil unions 15\n22 Noncompliance with certain requirements 15\n23 Evidence of identity and age 15\n24 Personal service of termination and withdrawal notices 16\n25 If personal service impracticable or impossible 17\n26 Offences 18\n27 Recognition of civil unions under corresponding laws 19\n28 Determination of fees 20\n29 Approved forms 20\n30 Regulation-making power 20\n\nContents\nPage\nR8\n16/11/25\nCivil Unions Act 2012\nEffective: 16/11/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Reviewable decisions 21\nDictionary 22\nEndnotes\n1 About the endnotes 23\n2 Abbreviation key 23\n3 Legislation history 24\n4 Amendment history 25\n5 Earlier republications 27\n\n\n\nR8\n16/11/25\nCivil Unions Act 2012\nEffective: 16/11/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCivil Unions Act 2012\nAn Act to provide for civil unions, and for other purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Civil Unions Act 2012\nEffective: 16/11/25\nR8\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Civil Unions Act 2012.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘reviewable decision, for part 4\n(Notification and review of decisions)—see section 18.’ means that the\nterm ‘reviewable decision’ is defined in that section for part 4.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\nSection 5\nR8\n16/11/25\nCivil Unions Act 2012\nEffective: 16/11/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPart 2 Civil unions\nDivision 2.1 General\nSection 6\npage 4 Civil Unions Act 2012\nEffective: 16/11/25\nR8\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Civil unions\nDivision 2.1 General\n6 Civil unions—general\n(1) A civil union is a legally recognised relationship entered into under\nthis Act.\n(2) A civil union is different to a marriage but is to be treated for all\npurposes under territory law in the same way as a marriage.\nNote 1 Marriage is defined in the Marriage Act 1961 (Cwlth), s 5 to mean the\nunion of a man and a woman to the exclusion of all others, voluntarily\nentered into for life.\nNote 2 Territory law includes the common law (see Legislation Act, dict pt 1,\ndef law).\nDivision 2.2 Eligibility for entering into civil union\n7 Eligibility criteria\nA person may enter into a civil union only if—\n(a) the person is an adult; and\n(b) the person is not—\n(i) married; or\n(ii) in a civil union; or\n(iii) in a civil partnership with someone other than the person’s\nproposed civil union partner; and\nNote A civil partnership ends if the parties to the civil partnership\nenter into a civil union with each other (see Domestic\nRelationships Act 1994, s 37H (1) (c)).\n\nCivil unions Part 2\nEntering into civil union Division 2.3\nSection 8\nR8\n16/11/25\nCivil Unions Act 2012\nEffective: 16/11/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the person cannot marry the person’s proposed civil union\npartner under the Marriage Act 1961 (Cwlth); and\n(d) the person does not have any of the following relationships\n(a prohibited relationship) with the person’s proposed civil\nunion partner:\n(i) lineal ancestor;\n(ii) lineal descendant;\n(iii) sister;\n(iv) half-sister;\n(v) brother;\n(vi) half-brother; and\n(e) the person, or the person’s proposed civil union partner, or both\nof them, live in the ACT.\nDivision 2.3 Entering into civil union\n8 Notice of intention to enter into civil union\n(1) Before 2 people enter into a civil union, they must give notice to a\ncivil union celebrant of their intention to enter into the civil union.\nNote The notice must be given not earlier than 18 months and not later than\n1 month before the civil union is entered into (see s 9 (3)).\n(2) The notice must be accompanied by—\n(a) a statement by each person verifying—\n(i) that the person wishes to enter into a civil union with the\nother person; and\n(ii) that the person is not—\n(A) married; or\n(B) in a civil union; or\n\nPart 2 Civil unions\nDivision 2.3 Entering into civil union\nSection 9\npage 6 Civil Unions Act 2012\nEffective: 16/11/25\nR8\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(C) in a civil partnership with someone other than the\nother person; and\n(iii) that the person believes the person and the other person do\nnot have a prohibited relationship; and\n(iv) where the person lives; and\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n(b) the evidence required under section 23 of each person’s identity\nand age; and\n(c) anything else prescribed by regulation.\n(3) As soon as practicable after receiving the notice and statements, the\ncivil union celebrant must give each person a written notice setting\nout the nature and effect of a civil union.\n9 How civil union is entered into\n(1) This section applies if 2 people have, under section 8, given notice to\na civil union celebrant of their intention to enter into a civil union\nwith each other.\n(2) The people may enter into the civil union by making a declaration\nbefore the civil union celebrant and at least 1 other witness.\n(3) The declaration must be made not earlier than 1 month, and not later\nthan 18 months, after the day the notice was given to the civil union\ncelebrant.\n(4) The declaration must be made by each person to the other and must\ncontain a clear statement that—\n(a) names both parties; and\n\nCivil unions Part 2\nEnding civil union Division 2.4\nSection 10\nR8\n16/11/25\nCivil Unions Act 2012\nEffective: 16/11/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) acknowledges that they are freely entering into a civil union with\neach other.\nNote 1 For registration requirements see the Births, Deaths and Marriages\nRegistration Act 1997, pt 5A (Civil unions).\nNote 2 The Discrimination Act 1991, provides for exceptions from pt 3\n(Unlawful discrimination) for religious bodies doing (or failing or\nrefusing to do) certain acts (see that Act, s 4A and s 32).\n10 When civil union has effect\nA civil union entered into under this part has effect when the parties\nto the civil union make a declaration under section 9.\nDivision 2.4 Ending civil union\n11 How civil union ends\n(1) A civil union ends on—\n(a) the death of either party; or\n(b) the marriage of either party.\n(2) A civil union also ends if it is ended by—\n(a) a party (or both parties) under section 12; or\n(b) a court order under section 14.\n12 Ending civil union by parties\n(1) If a party to a civil union wishes, or both parties to a civil union wish,\nto end the civil union, the party (or parties) may give the registrar-\ngeneral a written notice of intention to end the civil union (a\ntermination notice).\n\nPart 2 Civil unions\nDivision 2.4 Ending civil union\nSection 12\npage 8 Civil Unions Act 2012\nEffective: 16/11/25\nR8\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) However, if a termination notice is given by only 1 party, the notice\nis effective only if—\n(a) a copy of the notice has been served personally on the other\nparty; and\n(b) a statement declaration is given to the registrar-general with the\nnotice that—\n(i) is made by the person who served the notice; and\n(ii) verifies the notice was served personally by the person on\nthe other party on the date mentioned in the statement.\nNote 1 For provision about service of notices, see s 24 and s 25.\nNote 2 It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n(3) A termination notice may, within 12 months after the day it was given\nto the registrar-general, be withdrawn by written notice (a withdrawal\nnotice) given to the registrar by the party (or parties) who gave the\ntermination notice.\n(4) However, if a withdrawal notice is given by only 1 party, the notice\nis effective only if—\n(a) a copy of the notice has been served personally on the other\nparty; and\n(b) a statement is given to the registrar-general with the notice\nthat—\n(i) is made by the person who served the notice; and\n\nCivil unions Part 2\nEnding civil union Division 2.4\nSection 13\nR8\n16/11/25\nCivil Unions Act 2012\nEffective: 16/11/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) verifies the notice was served personally by the person on\nthe other party on the date mentioned in the statement.\nNote 1 For provision about service of notices, see s 24 and s 25.\nNote 2 It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n(5) A civil union ends 12 months after the day the termination notice is\ngiven to the registrar-general in accordance with this section,\nunless—\n(a) the notice has been withdrawn under this section; or\n(b) the Supreme Court makes an order under section 13 (2); or\n(c) the operation of the notice is stayed under section 13 (3); or\n(d) the civil union has already ended under section 11 (1).\n13 Order that termination notice not effective\n(1) This section applies if a party (or parties) to a civil union give the\nregistrar-general a termination notice.\n(2) On application by a party to the civil union, the Supreme Court may\nmake an order that the termination notice is not effective if the court\nconsiders that it is not the intention, or is no longer the intention, of\nthe party (or parties) who gave the notice to end the civil union.\n(3) If an application mentioned in subsection (2) has been made but not\ndecided within 12 months after the day the termination notice is\ngiven, the application stays the operation of the notice until the\napplication is decided.\n(4) If the Supreme Court makes an order under this section, the court\nmust give a copy of the order to the registrar-general.\n\nPart 2 Civil unions\nDivision 2.4 Ending civil union\nSection 14\npage 10 Civil Unions Act 2012\nEffective: 16/11/25\nR8\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n14 Ending civil union by court order\n(1) On application by a party to a civil union, the Supreme Court may\nmake an order ending the civil union if the court considers that—\n(a) the civil union cannot be ended under section 12; but\n(b) it is not the intention, or is not longer the intention, of both\nparties to be in the civil union.\n(2) If the Supreme Court makes an order under subsection (1), the court\nmust give a copy of the order to the registrar-general not later than\n28 days after the day the order is made.\n\nCivil union celebrants Part 3\nSection 15\nR8\n16/11/25\nCivil Unions Act 2012\nEffective: 16/11/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Civil union celebrants\n15 Registration of civil union celebrants\n(1) A person may apply, in writing, to the registrar-general to be\nregistered as a civil union celebrant.\n(2) On application by a person under subsection (1), the registrar-general\nmay register the applicant as a civil union celebrant.\n(3) However, the registrar-general must only register a person as a civil\nunion celebrant if satisfied that the applicant—\n(a) is an adult; and\n(b) has the knowledge and the skills or experience necessary to\nexercise the functions of a civil union celebrant under this Act;\nand\n(c) is a suitable person to be registered as a civil union celebrant.\n(4) In deciding whether a person is a suitable person to be registered as a\ncivil union celebrant, the registrar-general must take into account the\nfollowing:\n(a) whether the person has been convicted, or found guilty, in\nAustralia of an offence punishable by imprisonment for 1 year\nor longer;\n(b) whether the person has been convicted, or found guilty, outside\nAustralia of an offence that, if it had been committed in the\nACT, would have been punishable by imprisonment for 1 year\nor longer;\n(c) whether the person has been convicted, or found guilty, of an\noffence against, or otherwise contravened, this Act or the Births,\nDeaths and Marriages Registration Act 1997, part 5A (Civil\nunions);\n\nPart 3 Civil union celebrants\nSection 16\npage 12 Civil Unions Act 2012\nEffective: 16/11/25\nR8\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) whether the person is or has been bankrupt or personally\ninsolvent;\n(e) whether the person has a physical or mental incapacity that may\naffect the exercise of the person’s functions as a civil union\ncelebrant.\n(5) In deciding whether a person is a suitable person to be registered as a\ncivil union celebrant, the registrar-general may take into account\nanything else the registrar-general considers relevant.\n16 Register of civil union celebrants\n(1) The registrar-general must keep a register of people registered as civil\nunion celebrants under this Act.\n(2) The register may be kept in any form, including electronically, that\nthe registrar-general decides.\n(3) The register must include the following information for each person\nregistered as a civil union celebrant:\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 the person otherwise\nstops being registered—the date the registration stops.\n(4) The register may also include any other information the\nregistrar-general considers appropriate.\n(5) The register must be available for public inspection at reasonable\ntimes.\n(6) However, a person’s address and contact details and any other\ninformation included in the register about the person under\nsubsection (4) must only be available for public inspection if the\nperson consents.\n\nCivil union celebrants Part 3\nSection 17\nR8\n16/11/25\nCivil Unions Act 2012\nEffective: 16/11/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n17 Cancellation of registration\nThe registrar-general may cancel a person’s registration as a civil\nunion celebrant if the registrar-general is satisfied that the person does\nnot meet, or no longer meets, the registration criteria under\nsection 15 (3).\n\nPart 4 Notification and review of decisions\nSection 18\npage 14 Civil Unions Act 2012\nEffective: 16/11/25\nR8\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Notification and review of\ndecisions\n18 Meaning of reviewable decision—pt 4\nIn this part:\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n19 Reviewable decision notices\nIf the registrar-general makes a reviewable decision, the registrar\nmust give a reviewable decision notice to each entity mentioned in\nschedule 1, column 4 in relation to the decision.\nNote The registrar-general must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n20 Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\nMiscellaneous Part 5\nSection 21\nR8\n16/11/25\nCivil Unions Act 2012\nEffective: 16/11/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Miscellaneous\n21 Void civil unions\nA civil union is void if—\n(a) either party did not meet the eligibility criteria under section 7\nwhen the declaration for the civil union was made under section\n9; or\n(b) either party did not freely enter into the civil union because—\n(i) the party’s agreement to enter into the civil union was\nobtained by duress or fraud; or\n(ii) the party was mistaken about the identity of the other party\nor the nature of the declaration under section 9; or\n(iii) the party was mentally incapable of understanding the\nnature and effect of the civil union.\n22 Noncompliance with certain requirements\n(1) A civil union is not invalid only because a requirement of section 8\n(Notice of intention to enter into civil union) was not complied with.\n(2) A civil union is not invalid only because the person to whom the\nparties gave notice under section 8, or before whom the parties made\nthe declaration under section 9, was not a civil union celebrant if\neither party believed, when giving the notice or making the\ndeclaration, that the person was a civil union celebrant.\n23 Evidence of identity and age\n(1) For section 8 (2) (b) (Notice of intention to enter into civil union), the\nevidence of identity and age required for each person is—\n(a) the person’s birth certificate; or\n(b) the person’s citizenship certificate; or\n\nPart 5 Miscellaneous\nSection 24\npage 16 Civil Unions Act 2012\nEffective: 16/11/25\nR8\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the person’s current passport; or\n(d) a statement by the person verifying—\n(i) that it is impracticable to obtain a document mentioned in\nparagraph (a), (b) or (c); and\n(ii) to the best of the person’s knowledge and belief, and as\naccurately as the person has been able to find out, when\nand where the person was born.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n(2) In this section:\nbirth certificate, for a person, means the person’s birth certificate, or\na certified extract about the person’s birth from the register, under the\nBirths, Deaths and Marriages Registration Act 1997 or a\ncorresponding law of a State, external territory or foreign country.\ncitizenship certificate, for a person, means a certificate, declaration,\nnotice or other instrument of a person’s nationality under the\nAustralian Citizenship Act 2007 (Cwlth) or the Australian Citizenship\nAct 1948 (Cwlth) (repealed).\n24 Personal service of termination and withdrawal notices\n(1) This section applies if a termination notice or withdrawal notice must\nbe served personally on a party to a civil union under section 12\n(Ending civil union by parties).\n(2) To serve the notice personally on the party, the person serving the\nnotice must—\n(a) give the party a copy of the notice; or\n(b) if the party does not accept the copy—put the copy down in the\nparty’s presence and tell the party in general terms what it is; or\n\nMiscellaneous Part 5\nSection 25\nR8\n16/11/25\nCivil Unions Act 2012\nEffective: 16/11/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) if the person serving the notice is prevented from approaching\nthe party by violence or threat of violence—put the copy down\nas near as practicable to, but in the sight of, the party.\n25 If personal service impracticable or impossible\n(1) This section applies if—\n(a) a termination notice or withdrawal notice must be served\npersonally on a party to a civil union under section 12; and\n(b) personal service of the notice is not practicable.\n(2) The person serving the notice may apply to the Supreme Court for an\norder allowing the notice to be served in another way (the alternative\nway).\n(3) The Supreme Court may make an order if satisfied that—\n(a) it is not practicable, for any reason, for the notice to be served\npersonally under section 24; and\n(b) the alternative way is reasonably likely to bring the notice to the\nattention of the party.\n(4) If the Supreme Court makes an order, the court may, in the order,\nprovide that the notice is taken to have been served on the happening\nof a stated event, at a stated time or at the end of a stated period.\n(5) The Supreme Court may make an order under subsection (3) even\nthough the party is not in the ACT or Australia.\n(6) For section 12, if a notice is served on a party in accordance with an\norder under subsection (3), the notice is taken to have been served\npersonally on the party.\n\nPart 5 Miscellaneous\nSection 26\npage 18 Civil Unions Act 2012\nEffective: 16/11/25\nR8\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n26 Offences\n(1) A civil union celebrant commits an offence if—\n(a) the celebrant allows a civil union, or purported civil union, to be\nentered into before the celebrant; and\n(b) the notice required under section 8 (including the statement and\nanything else required under that section) for the civil union—\n(i) has not been given to the celebrant; or\n(ii) was not given to the celebrant within the period allowed by\nsection 9 (3).\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(2) A civil union celebrant commits an offence if the celebrant—\n(a) allows a civil union, or purported civil union, to be entered into\nbefore the celebrant; and\n(b) has reasonable grounds to believe that the civil union would be\nvoid under section 21.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(3) A person commits an offence if the person—\n(a) is not registered as a civil union celebrant; and\n(b) knows he or she is not registered as a civil union celebrant; and\n(c) performs a function of a civil union celebrant under this Act.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n\nMiscellaneous Part 5\nSection 27\nR8\n16/11/25\nCivil Unions Act 2012\nEffective: 16/11/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) A person commits an offence if—\n(a) the person makes a declaration mentioned in section 9 with the\nintention of entering into a civil union with someone else (the\nperson’s partner); and\n(b) the declaration is made before a person (the celebrant) who is\nnot a civil union celebrant; and\n(c) the person knows the celebrant is not a civil union celebrant; and\n(d) the person has reasonable grounds to believe that the person’s\npartner believes that the celebrant is a civil union celebrant.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\nNote The Criminal Code includes offences for giving false or misleading\ninformation etc to a person exercising a function under a territory law\n(see pt 3.4 (False or misleading statements, information and documents)).\n27 Recognition of civil unions under corresponding laws\n(1) A corresponding law relationship is a civil union for territory law.\n(2) A relationship is a corresponding law relationship if it—\n(a) complies with subsection (3); or\n(b) is a relationship under a law of a State, external territory or\nforeign country prescribed by regulation.\n(3) A relationship complies with this subsection if—\n(a) either—\n(i) the people in the relationship may not marry each other\nunder the Marriage Act 1961 (Cwlth); or\n(ii) the relationship is not recognised as a valid marriage under\nthat Act; and\n\nPart 5 Miscellaneous\nSection 28\npage 20 Civil Unions Act 2012\nEffective: 16/11/25\nR8\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) it is registered or formally recognised under a law of a State,\nexternal territory or foreign country that provides for the\nregistration or formal recognition of a relationship that meets the\nfollowing requirements:\n(i) it must be between 2 adults;\n(ii) it must be entered into consensually;\n(iii) it must not be entered into by people who are in a\nprohibited relationship with each other;\n(iv) it must not be entered into by a person who is already\nmarried;\n(v) it must not be entered into by a person who is already in a\nrelationship that is registered or formally recognised under\nthat law.\n28 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n29 Approved forms\n(1) The registrar-general may approve forms for this Act.\n(2) If the registrar-general approves a form for a particular purpose, the\napproved form must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n30 Regulation-making power\nThe Executive may make regulations for this Act.\n\nReviewable decisions Schedule 1\nR8\n16/11/25\nCivil Unions Act 2012\nEffective: 16/11/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Reviewable decisions\n(see pt 4)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 15 refuse to register person as\ncivil union celebrant\napplicant for registration\n2 17 cancel a person’s registration\nas civil union celebrant\nperson whose registration\nis cancelled\n\nDictionary\npage 22 Civil Unions Act 2012\nEffective: 16/11/25\nR8\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• adult\n• bankrupt or personally insolvent\n• found guilty\n• Minister (see s 162)\n• registrar-general.\ncivil union celebrant means—\n(a) the registrar-general; or\n(b) a person who is registered under this Act as a civil union\ncelebrant.\nprohibited relationship—see section 7.\nreviewable decision, for part 4 (Notification and review of\ndecisions)—see section 18.\ntermination notice means a notice given under section 12 (1).\nwithdrawal notice means a notice given under section 12 (3).\n\nEndnotes\nAbout the endnotes 1\nR8\n16/11/25\nCivil Unions Act 2012\nEffective: 16/11/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 24 Civil Unions Act 2012\nEffective: 16/11/25\nR8\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nCivil Unions Act 2012 A2012-40\nnotified LR 4 September 2012\ns 1, s 2 commenced 4 September 2012 (LA s 75 (1))\nremainder commenced 11 September 2012 (s 2)\nas repealed by\nMarriage Equality (Same Sex) Act 2013 A2013-39 s 51\nnotified LR 4 November 2013\ns 1, s 2 commenced 4 November 2013 (LA s 75 (1))\ns 51 commenced 7 November 2013 (s 2 and CN2013-11)\nrepeal of no effect (see High Court decision of 12 December 2013\nCommonwealth v Australian Capital Territory [2013] HCA 55)\nas amended by\nStatute Law Amendment Act 2015 (No 2) A2015-50 sch 3 pt 3.6\nnotified LR 25 November 2015\ns 1, s 2 commenced 25 November 2015 (LA s 75 (1))\nsch 3 pt 3.6 commenced 9 December 2015 (s 2)\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 3 pt 3.13\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 3 pt 3.13 commenced 27 April 2016 (s 2)\nJustice and Community Safety Legislation Amendment Act 2017\nA2017-5 sch 1 pt 1.1\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 1 pt 1.1 commenced 2 March 2017 (s 2 (3))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.17, sch 4\npt 4.30\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.17, sch 4 pt 4.30 commenced 16 November 2025 (s 2 (1),\n(9))\n\nEndnotes\nAmendment history 4\nR8\n16/11/25\nCivil Unions Act 2012\nEffective: 16/11/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nDictionary\ns 3 am A2015-50 amdt 3.48\nEligibility criteria\ns 7 am A2025-29 amdt 3.53\nNotice of intention to enter into civil union\ns 8 am A2016-18 amdts 3.47-3.49; A2025-29 amdt 4.30\nEnding civil union by parties\ns 12 am A2016-18 amdts 3.50-3.55; A2025-29 amdt 4.30\nRegistration of civil union celebrants\ns 15 am A2025-29 amdt 4.30\nReviewable decision notices\ns 19 am A2025-29 amdt 4.30\nApplications for review\ns 20 am A2025-29 amdt 4.30\nEvidence of identity and age\ns 23 am A2016-18 amdt 3.56, amdt 3.57\nOffences\ns 26 am A2016-18 amdt 3.58, amdt 3.59\nRecognition of civil unions under corresponding laws\ns 27 sub A2017-5 amdt 1.1\nDetermination of fees\ns 28 am A2025-29 amdt 4.30\nApproved forms\ns 29 am A2025-29 amdt 4.30\nRegulation-making power\ns 30 am A2025-29 amdt 4.30\nDomestic Relationships Regulation 2012—sch 2\ns 31 exp 11 September 2012 (s 31 (4))\nLegislation amended—sch 3\ns 32 om LA s 89 (3)\nLegislation repealed\ns 33 om LA s 89 (3)\nTransitional\npt 6 hdg exp 11 September 2013 (s 109)\n\nEndnotes\n4 Amendment history\npage 26 Civil Unions Act 2012\nEffective: 16/11/25\nR8\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDefinitions—pt 6\ns 100 exp 11 September 2013 (s 109)\ndef commencement day exp 11 September 2013 (s 109)\ndef repealed Act exp 11 September 2013 (s 109)\nExisting civil partnerships\ns 101 exp 11 September 2013 (s 109)\nApplication for registration of civil partnership not decided before\ncommencement day\ns 102 exp 11 September 2013 (s 109)\nDeclaration of civil partnership not made before commencement day\ns 103 exp 11 September 2013 (s 109)\nDeclared civil partnership not registered before commencement day\ns 104 exp 11 September 2013 (s 109)\nApplication for termination of civil partnership not decided before\ncommencement day\ns 105 exp 11 September 2013 (s 109)\nApplications made but not decided before commencement day\ns 106 exp 11 September 2013 (s 109)\nExisting civil partnership notaries\ns 107 exp 11 September 2013 (s 109)\nTransitional regulations\ns 108 exp 11 September 2013 (s 109)\nExpiry—pt 6\ns 109 exp 11 September 2013 (s 109)\nNew Domestic Relationships Regulation 2012\nsch 2 om R1 (see s 31)\nConsequential amendments\nsch 3 om LA s 89 (3)\nDictionary\ndict am A2015-50 amdt 3.49; A2016-18 amdt 3.60\ndef reviewable decision am A2015-50 amdt 3.50\n\nEndnotes\nEarlier republications 5\nR8\n16/11/25\nCivil Unions Act 2012\nEffective: 16/11/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n11 Sept 2012\n11 Sept 2012–\n11 Sept 2012\nnot amended new Act\nR2\n12 Sept 2012\n12 Sept 2012–\n11 Sept 2013\nnot amended expiry of provision\n(s 31)\nR3\n12 Sept 2013\n12 Sept 2013–\n6 Nov 2013\nnot amended expiry of\ntransitional\nprovisions (pt 6)\nR4\n7 Nov 2013\n7 Nov 2013–\n8 Dec 2015\nnot amended repeal by\nA2013-39 of no\neffect (see High\nCourt decision)\nR5\n9 Dec 2015\n9 Dec 2015–\n26 Apr 2016\nA2015-50 amendments by\nA2015-50\nR6\n27 Apr 2016\n27 Apr 2016–\n1 Mar 2017\nA2016-18 amendments by\nA2016-18\nR7\n2 Mar 2017\n2 Mar 2017–\n15 Nov 2025\nA2017-5 amendments by\nA2017-5\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act has been amended several times (see amendment history/endnotes), altering eligibility, notice and termination procedures, celebrant registration criteria, review/notice arrangements, evidence rules and administrative powers (notably ss7, 8, 12, 15, 19–20, 23, 26–30). These changes shift practical administration and compliance requirements from the original 2012 text to the current regime (amendments listed in endnotes and amendment history)."},"complexity_factors":["Multiple procedural pathways for creating and ending unions (notice, declaration, termination notice, withdrawal, court orders) — ss8–14","Registrar‑general discretion and suitability assessments for celebrant registration and cancellation — ss15(3)–(5), 17","Personal service requirements and court‑ordered alternative service for notices create factual/legal steps — ss24–25","Criminal offences and penalties for unregistered celebrants or procedural noncompliance impose compliance risk — s26","Inter‑jurisdictional recognition rules for corresponding relationships add cross‑border legal tests — s27","Review and appeal route to ACAT for registrar decisions and required notice processes — pt 4 (ss18–20; sch 1)","Administrative delegation of fees, approved forms and regulations concentrates practical control in executive/registrar instruments — ss28–30"],"plain_english_summary":"This Act creates legally recognised civil unions in the ACT and treats them like marriages for territory law. It sets who can enter a civil union (adult, not married or in certain close relationships, residency) and the steps to form, register and end a civil union (notice, declaration, registration, termination, and court options) (ss6(2), 7, 8–14). Fees, forms and regulations are administratively set (ss28–30). Celebrants must register, meet suitability tests and face criminal penalties for non‑compliance (s15; s26)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation has remained focused on its original purpose of providing for civil unions as a relationship recognition scheme. While it has been amended several times (notably to update terminology and procedural requirements), it has not expanded beyond its core function of creating, regulating, and ending civil unions, plus the registration of celebrants. The temporary provisions relating to the transition from civil partnerships expired as scheduled in 2013."},"complexity_factors":["Short statute with only 30 sections plus a schedule and dictionary","Minimal cross-referencing — primarily references to the Criminal Code, Births Deaths and Marriages Registration Act 1997, and Marriage Act 1961","Straightforward procedural requirements (notice periods, waiting times, service rules)","Simple two-column schedule for reviewable decisions with only 2 items","Limited defined terms in the dictionary (only 4 specific definitions beyond standard Legislation Act definitions)","No nested exceptions or complex conditional logic — most provisions use plain 'if/then' structure","Clear separation into 5 logical parts (Preliminary, Civil unions, Celebrants, Review, Miscellaneous)"],"plain_english_summary":"The Civil Unions Act 2012 lets two adults in the ACT enter a civil union — a legally recognised relationship treated like marriage under ACT law, though not a federal marriage.  \n\nIt affects couples (including those unable or unwilling to marry federally), authorised celebrants and the Registrar‑General, and sets the legal framework for forming, registering, recognising and ending such unions. Originally created to provide recognition for same‑sex couples, it remains an ACT alternative to marriage with clear rights and protections."}},"importantCases":[],"_links":{"self":"/api/acts/civil-unions-act-2012","history":"/api/acts/civil-unions-act-2012/history","analysis":"/api/acts/civil-unions-act-2012/analysis","conflicts":"/api/acts/civil-unions-act-2012/conflicts","importantCases":"/api/acts/civil-unions-act-2012/important-cases","documents":"/api/acts/civil-unions-act-2012/documents"}}