Federal Register of Legislation - Australian Government

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A Bill for an Act to ensure people in same sex relationships receive the same rights as people in heterosexual relationships in all areas of the law, and for related purposes
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Introduced HR 24 May 2004

Same Sex Relationships (Ensuring Equality) Bill 2004
First Reading

Same Sex Relationships (Ensuring Equality) Bill 2004
First Reading

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2002-2003-2004

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Same Sex Relationships (Ensuring Equality) Bill 2004

(Mr Organ)

A Bill for an Act to ensure people in same sex relationships receive the same rights as people in heterosexual relationships in all areas of the law, and for related purposes

Contents

1 Short title       1

2 Commencement       1

3 Object of the Act       1

4 Application       1

5 Discrimination on the basis of sexuality to be unlawful       2

A Bill for an Act to ensure people in same sex relationships receive the same rights as people in heterosexual relationships in all areas of the law, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Same Sex Relationships (Ensuring Equality) Act 2004.

2 Commencement

This Act commences on the day on which it receives Royal Assent.

3 Object of the Act

The object of this Act is to eliminate all forms of discrimination on the basis of sexuality.

4 Application

(1) This Act applies to all external Territories.

(2) This Act binds the Crown in all of its capacities.

(3) This Act is intended to override any law of the Commonwealth that is in conflict with this Act.

(4) This Act excludes or limits the concurrent operation of any law of a State or a Territory in accordance with section 109 of the Australian Constitution.

       Note section 109 of the Australian Constitution states: "When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid."

5 Discrimination on the basis of sexuality to be unlawful

(1) It is unlawful for a person to do any act involving a distinction, exclusion, restriction or preference based on a person's sexuality which has the purpose or effect of nullifying or impairing the enjoyment or exercise, of the person's public or private life.

(2) To avoid doubt this Act makes any distinction, exclusion, restriction or preference based on a person's sexuality as it relates to;

        (a) Marriage;

        (b) Adoption;

        (c) Superannuation;

        (d) Employment Entitlements;

        (e) Access to reproductive or health services;

        (f) The lawful age of consent to sexual activity;

unlawful.

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