Relationships Regulations 2023

Relationships Regulations 2023

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 .

B. BAKER

Governor

By Her Excellency's Command,

GUY BARNETT

Minister for Justice

1.   Short title

These regulations may be cited as the Relationships Regulations 2023 .

2.   Commencement

These regulations take effect on 18 December 2023.

3.   Interpretation

In these regulations –

Act means the Relationships Act 2003 ;

Administrator of the Magistrates Court means the Administrator of the Magistrates Court as defined in the Magistrates Court Act 1987 ;

registrar of the Magistrates Court 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 purposes 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 in respect of the order.

(2)  The certificate referred to in subregulation (1) is to be in a form determined by the Registrar of the Supreme Court.

6.   Application to record order for periodic maintenance

(1)  A person may make an application to a registrar of the Magistrates Court 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)  An application under subregulation (1) in respect of an order for periodic maintenance is to include the following:

(a) a certificate issued under regulation 5 ;

(b) an affidavit of the person making the application under subregulation (1) stating that –

(i) a copy of the order 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)  After receiving an application under subregulation (1) in respect of an order for periodic maintenance, the registrar of the Magistrates Court –

(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, if not satisfied as to the matters referred to in subregulation (2)(b) .

7.   Cancellation of record

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

(2)  On receipt of a notice under subregulation (1) in respect of an order for periodic maintenance, the Administrator of the Magistrates Court is to cancel all records of the order made under regulation 6(3)(a) .

(3)  If a record of an order for periodic maintenance is cancelled under subregulation (2) –

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

(b) any enforcement process in respect of that order ceases to have effect; and

(c) nothing prevents a subsequent application being made under regulation 6(1) in respect of the order.

8.   Corresponding laws for purposes of section 65A of Act

For the purposes of section 65A of the Act, the following laws are prescribed as corresponding laws:

(a) Civil Unions Act 2012 of the Australian Capital Territory;

(b) Domestic Relationships Act 1994 of the Australian Capital Territory;

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

(d) Civil Partnerships Act 2011 of Queensland;

(e) Relationships Register Act 2016 of South Australia;

(f) Relationships Act 2008 of Victoria;

(g) Part 2, Subpart 5 of the Births, Deaths, Marriages and Relationships Registration Act 2021 of New Zealand;

(h) Civil Union Act 2004 of New Zealand;

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

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

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

(l) Civil Code of Quebec, CQLR c CCQ-1991, of Quebec, Canada.

9.   Classes of relationships for the purposes of section 65A of Act

For the purposes of section 65A of the Act, the following classes of relationships are prescribed:

(a) civil unions within the meaning of the Civil Unions Act 2012 of the Australian Capital Territory;

(b) civil partnerships for which registration is in force under the Domestic Relationships Act 1994 of the Australian Capital Territory;

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

(d) registered civil partnerships within the meaning of the Civil Partnerships Act 2011 of Queensland;

(e) registered relationships under the Relationships Register Act 2016 of South Australia;

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

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

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

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

(j) domestic partnerships within the meaning of the Vital Statistics Act, R.S.N.S. 1989, c. 494 of Nova Scotia, Canada;

(k) civil unions solemnised under Title I.1 of Book 2 of the Civil Code of Quebec, CQLR c CCQ-1991, of Quebec, Canada.

10.   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 relate.

SCHEDULE 1 - Fees

Regulation 10

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

Notified in the Gazette on 29 November 2023

These regulations are administered in the Department of Justice.