s.43Offences
43
Section 43Part 14 — OFFENCES IN CONNECTION WITH CIVIL PARTNERSHIPS

Offences

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A person commits an offence if the person —
knowingly and wilfully purports to formalise a civil partnership without being the Registrar, a Civil Registrar or a civil partnership officer;
being the Registrar, a Civil Registrar or a civil partnership officer, formalises a civil partnership —
knowing that the civil partnership is void on any ground; or
knowing that it is an irregular civil partnership; or
accepts or publishes a notice, or issues a certificate of civil partnership, in respect of any intended civil partnership knowing that the civil partnership would be void or irregular;
is a party to a civil partnership, knowing that the civil partnership is void on any ground and that the other party believes it to be valid;
personates any other person in a civil partnership or enters into a civil partnership under a false name or description, with intent to deceive the other party to the civil partnership;
in any declaration, notice, statement, certificate, entry, licence or document required by any of the provisions of this Law to be made, given or issued for the purposes of a civil partnership, declares, states, certifies or enters any material matter or thing which the person knows to be false; or
attempts or aids or abets the commission of an offence under any of the preceding paragraphs,
and is liable on conviction on indictment to a term of imprisonment of four years.
Without prejudice to the effect of subsection (1)(c) or (d), a person commits an offence if the person —
is a party to a civil partnership knowing that it is void on any ground or knowing that it is an irregular civil partnership;
enters into a civil partnership under a false name or description; or
attempts or aids or abets the commission of an offence under either of the preceding paragraphs,
and is liable on conviction on indictment to fine of ten thousand dollars, a term of imprisonment of two years, or to both.
A person commits an offence if the person attempts to prevent a civil partnership by pretending that there is any legal impediment to the civil partnership knowing that the pretence is false, or having no reason to believe that it is true, and is liable on conviction on indictment to fine of ten thousand dollars, a term of imprisonment of two years, or both.
A civil partnership officer or a Civil Registrar who, without reasonable cause or excuse, fails within seven days after the formalisation of any civil partnership to transmit to the Registrar a duplicate certificate in accordance with section 21 commits an offence, and is liable on summary conviction to a fine of five thousand dollars.
For the purpose of this section, "irregular civil partnership" means a civil partnership (other than a void civil partnership or a civil partnership in extremis) formalised —
without any notice given of the civil partnership as required by this Law;
without the authority —
of the Registrar's or a Civil Registrar's certificate issued under section 9; or
of a special licence granted by the Governor under section 10; or
of a licence granted by the Deputy Governor under section 33 or 34;
after the expiration of three months from the date of the issue of the Registrar's or a Civil Registrar's certificate or from the date of the grant of a licence or special licence; or
before the removal of a caveat entered against the issue of the Registrar's or a Civil Registrar's certificate.
A prosecution under this section shall not be instituted without the written consent of the Director of Public Prosecutions.

Defined Terms

irregular civil partnership

Cross References