Scrutiny of Acts and Regulations Committee

Alert Digest No 11 of 2006

Tuesday, 3 October 2006

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Civil Unions Bill

Introduced: 13 September 2006
Second Reading Speech: 13 September 2006
House: Legislative Council
Private Member’s Bill: Hon. Andrew Olexander MLC
Minister responsible: Hon. Rob Hulls MLA
Portfolio responsibiliy: Attorney-General

Purpose

This Bill proposes an Act to provide for legally binding civil unions between two persons, regardless of their gender.

Content and Committee comment

[Clauses]

[2]. Part 1 of the Bill comes into operation on the day after Royal Assent and the remaining provisions come into operation on proclamation.

The Committee reports to Parliament pursuant to a term of reference provided in section 17(a)(vi) of the Parliamentary Committees Act 2003, – ‘inappropriately delegates legislative power’. The Committee notes that the substantive provisions of this Bill are intended to commence on proclamation. The Committee observes that a commencement by proclamation provision which is not justified by other policy considerations may constitute an inappropriate delegation of legislative power. The Committee draws attention to the provision.

[5]. Provides that a civil union is a legally recognised relationship that may be entered into by any two people, regardless of their gender.

[6 to 8]. Provides that a person under 16 may not enter into a civil union, a person who is married or in a civil union may not enter into a civil union, a person in a prohibited relationship may not enter into a civil union.

[9]. The parties to a proposed civil union to give notice of their intention.

[10]. Persons aged 16 or 17 must obtain the authorisation of the Supreme Court before giving notice of intention to enter into a civil union.

[11]. The parties to a civil union are required to make a declaration before a civil celebrant and at least one other witness.

[12 to 14]. Deals with the circumstances that terminate a civil union.

[15 to 19]. Make provisions for civil union celebrants.

[20]. Declares that a civil union is void if either of the parties was not eligible to enter into the civil union or the person was in a prohibited relationship or if the union was entered into because of duress, fraud, mistake or mental incapacity.

[24]. Regulations may provide that a relationship under a corresponding law of another State or a Territory, or of a foreign country, is a civil union for the purposes of the law of Victoria.

[25]. Declares that a union entered into under the law of a foreign country that cannot be recognised as a marriage in Australia is a civil union for the purpose of the law of Victoria.

Offences

[26]. It is an offence for a civil union celebrant to allow a civil union to be entered into in breach of the formal requirements for notice, or if the civil celebrant has reasonable grounds to believe that the civil union would be void under clause 20. It is also an offence for a party to enter into a civil union before a person that the party knows is not a civil celebrant.

[29]. Inserts a new Part 5A in the Births, Deaths and Marriages Registration Act 1996 to permit a civil unions entered into under the Act to be registered.

New section 33B provides for the registration by the Registrar of civil unions entered into before the Registrar or before another civil celebrant.

New section 33C requires the termination of civil unions to be registered.

[30]. Provides for the consequential amendment of the Acts listed in the Schedule.

The Committee makes no further comment.

Gambling Regulations (Limitation of Number of
Gaming Machines) Bill

Introduced: 23 August 2006
Second Reading Speech: 13 September 2006
House: Legislative Council
Private Member’s Bill Hon. Philip Davis MLC
Minister introducing Bill: Hon. John Pandazopoulos MLA
Portfolio responsibiliy: Minister for Gaming

Purpose

The Bill amends the Gambling Regulation Act 2003 (the ‘Act’) by limiting the permissible number of gaming machines in the State.

Content and Committee comment

[Clauses]

[2]. The amendments in the Bill come into operation on the day after Royal Assent.

[3]. Amends section 3.2.3(6) of the Act to limit the number of gaming machines in the State (other than at the Melbourne Casino) to 22,000 on and from 15 April 2012.

The Committee makes no further comment.

Scrutiny of Acts and Regulations Committee
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