Relationships Regulations 2003

Relationships Regulations 2003

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Relationships Act 2003 .

RICHARD BUTLER

Governor

By His Excellency's Command,

JUDY JACKSON

Minister for Justice and Industrial Relations

1.   Short title

These regulations may be cited as the Relationships Regulations 2003 .

2.   Commencement

These regulations take effect on the day on which the Relationships Act 2003 commences.

3.   Interpretation

In these regulations, unless the contrary intention appears –

Act means the Relationships Act 2003 ;

registrar means registrar as defined in the Magistrates Court (Civil Division) Act 1992 .

4.   Prescribed order under section 67(1) of Act

An order for periodic maintenance made by the Supreme Court under section 47 of the Act is a prescribed order for the purpose of section 67(1) of the Act.

5.   Certificate

(1)  A person in whose favour an order for periodic maintenance is made by the Supreme Court under section 47 of the Act may apply to the Registrar of the Supreme Court for a certificate.

(2)  The certificate is to be in a form approved by the Registrar of the Supreme Court.

6.   Application to record order for periodic maintenance

(1)  A person may apply to a registrar to have an order for periodic maintenance made by the Supreme Court under section 47 of the Act recorded as being enforceable as if it were a judgment of the Magistrates Court under the Magistrates Court (Civil Division) Act 1992 .

(2)  The application is to include the following:

(a) the certificate referred to in regulation 5 ;

(b) an affidavit stating that –

(i) a copy of the order for periodic maintenance was served on the person liable to make payments under the order; and

(ii) the order has not been complied with for at least 14 days; and

(iii) a specified amount of money is unpaid.

(3)  The registrar –

(a) is to record the order for periodic maintenance if satisfied as to the matters referred to in subregulation (2)(b) ; or

(b) is not to record the order for periodic maintenance if not so satisfied.

7.   Cancellation of record

(1)  The Registrar of the Supreme Court is to give written notice to the Administrator of the Magistrates Court of any discharge, variation or suspension of an order for periodic maintenance.

(2)  On receipt of a notice under subregulation (1) , the Administrator of the Magistrates Court is to cancel the record of the order.

(3)  On cancellation of the record –

(a) the order is not enforceable in the Magistrates Court; and

(b) any enforcement process ceases to have effect; and

(c) a new application may be made under regulation 6 .

7A.   Corresponding laws for purpose of section 65A of Act

[Regulation 7A Inserted by S.R. 2011, No. 19, Applied:01 Apr 2011] The following laws are prescribed as corresponding laws for the purpose of section 65A of the Act:

(a) Civil Partnerships Act 2008 of the Australian Capital Territory;

(b) Relationships Register Act 2010 of New South Wales;

(ba) [Regulation 7A Amended by S.R. 2012, No. 13, Applied:28 Mar 2012] Civil Partnerships Act 2011 of Queensland;

(c) Relationships Act 2008 of Victoria;

(d) Part 7A of the Births, Deaths, Marriages, and Relationships Act 1995 of New Zealand;

(e) Civil Partnership Act 2004 of the United Kingdom;

(f) Vital Statistics Act, R.S.A. 2000, c. V-4 of Alberta, Canada;

(g) Vital Statistics Act, R.S.B.C. 1996, c. 479 of British Columbia, Canada;

(h) Vital Statistics Act, R.S.O. 1990, c. V.4 of Ontario, Canada;

(i) Vital Statistics Act, R.S.Y. 2002, c. 225 of Yukon, Canada;

(j) Vital Statistics Act, C.C.S.M. c. V-60 of Manitoba, Canada;

(k) Vital Statistics Act, R.S.N.W.T. 1988, c. V-3 of the Northwest Territories, Canada;

(l) Vital Statistics Act, R.S.P.E.I. 1988, c. V-4.1 of Prince Edward Island, Canada;

(m) Vital Statistics Act, S.Q. 1991, c. 64 of Quebec, Canada;

(n) Vital Statistics Act, 2009, S.N.L. 2009, c. V-6.01 of Newfoundland and Labrador, Canada;

(o) Vital Statistics Act, R.S.N.W.T. (Nu.) 1988, c. V-3 of Nunavut, Canada;

(p) Vital Statistics Act, R.S.N.S. 1989, c. 494 of Nova Scotia, Canada;

(q) [Regulation 7A Amended by S.R. 2012, No. 13, Applied:28 Mar 2012] Vital Statistics Act, S.N.B. 1979, c. V-3 of New Brunswick, Canada;

(r) Vital Statistics Act, 2009, S.S. 2009, c. V-7.21 of Saskatchewan, Canada.

7B.   Classes of relationships for purpose of section 65A of Act

[Regulation 7B Inserted by S.R. 2011, No. 19, Applied:01 Apr 2011] The following classes of relationships are prescribed for the purpose of section 65A of the Act:

(a) [Regulation 7B Amended by S.R. 2012, No. 13, Applied:28 Mar 2012] civil partnerships for which registration is in force under the Civil Partnerships Act 2008 of the Australian Capital Territory;

(b) registered relationships under the Relationships Register Act 2010 of New South Wales;

(ba) [Regulation 7B Amended by S.R. 2012, No. 13, Applied:28 Mar 2012] registered civil partnerships within the meaning of the Civil Partnerships Act 2011 of Queensland;

(c) registered domestic relationships under the Relationships Act 2008 of Victoria;

(d) civil unions solemnised under the Civil Union Act 2004 of New Zealand;

(e) civil partnerships within the meaning of the Civil Partnership Act 2004 of the United Kingdom;

(f) marriage of two persons of the same sex under the Marriage Act, R.S.A. 2000, c. M-5 of Alberta, Canada;

(g) [Regulation 7B Amended by S.R. 2012, No. 13, Applied:28 Mar 2012] marriage of two persons of the same sex under the Marriage Act, R.S.B.C. 1996, c. 282 of British Columbia, Canada;

(h) marriage of two persons of the same sex under the Marriage Act, R.S.O. 1990, c. M.3 of Ontario, Canada;

(i) marriage of two persons of the same sex under the Marriage Act, R.S.Y. 2002, c. 146 of Yukon, Canada;

(j) marriage of two persons of the same sex under the Marriage Act, C.C.S.M. c. M50 of Manitoba, Canada;

(k) a common-law relationship within the meaning of the Vital Statistics Act,C.C.S.M. c. V-60 of Manitoba, Canada which is registered under section 13.1 of that Act;

(l) marriage of two persons of the same sex under the Marriage Act, R.S.N.W.T. 1988, c. M-4 of the Northwest Territories, Canada;

(m) marriage of two persons of the same sex under the Marriage Act, R.S.P.E.I. 1988, c. M-3 of Prince Edward Island, Canada;

(n) marriage of two persons of the same sex solemnised and declared under Book 2 of the Civil Code of Quebec, S.Q. 1991, c. 64 of Quebec, Canada;

(o) a civil union solemnised under Title I.1 of Book 2 of the Civil Code of Quebec, S.Q. 1991, c. 64 of Quebec, Canada;

(p) [Regulation 7B Amended by S.R. 2012, No. 13, Applied:28 Mar 2012] marriage of two persons of the same sex under the Marriage Act, S.N.L. 2009, c. M-1.02 of Newfoundland and Labrador, Canada;

(q) marriage of two persons of the same sex under the Marriage Act, R.S.N.W.T. (Nu.) 1988, c. M-4 of Nunavut, Canada;

(r) marriage of two persons of the same sex under the Solemnization of Marriage Act, R.S.N.S. 1989, c. 436 of Nova Scotia, Canada;

(s) marriage of two persons of the same sex under the Marriage Act, R.S.N.B. 1973, c. M-3 of New Brunswick, Canada;

(t) marriage of two persons of the same sex under the Marriage Act, 1995, S.S. 1995, c. M-4.1 of Saskatchewan, Canada.

8.   Fees

The fees set out in Schedule 1 are prescribed as the fees that are payable under the Relationships Act 2003 in respect of the matters to which they respectively relate.

SCHEDULE 1 - Fees

Regulation 8

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 24 December 2003

These regulations are administered in the Department of Justice and Industrial Relations.