Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the Marriage Act 1961 to establish marriage equality, and for related purposes
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 13 Sep 2012
Introduced Senate 10 Sep 2012
Table of contents.

2010‑2011‑2012

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

Marriage Amendment Bill (No. 2) 2012

 

No.      , 2012

 

(Senators Crossin, Brown, Pratt and Marshall)

 

 

 

A Bill for an Act to amend the Marriage Act 1961 to establish marriage equality, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Object.................................................................................................. 2

4............ Schedule(s)......................................................................................... 2

Schedule 1—Amendment of the Marriage Act 1961                                        3

 


A Bill for an Act to amend the Marriage Act 1961 to establish marriage equality, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Marriage Amendment Act (No. 2) 2012.

2  Commencement

                   This Act commences on the day after this Act receives the Royal Assent.

3  Object

                   The object of this Act is to amend the Marriage Act 1961 to ensure equal access to marriage for all adult couples irrespective of sex who have a mutual commitment to a shared life.

4  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Amendment of the Marriage Act 1961

  

1  Subsection 5(1) (definition of marriage)

Repeal the definition, substitute:

marriage means the union of two people, to the exclusion of all others, voluntarily entered into for life.

2  Subsection 45(2)

After “or husband”, insert “or partner”.

3  Subsection 46(1)

Omit “a man and a woman”, substitute “two people”.

4  Section 47

After “Part”, insert “or in any other law”.

5  After paragraph 47(a)

Insert:

                    (aa)  imposes an obligation on an authorised celebrant, being a minister of religion, to solemnise a marriage where the parties to the marriage are of the same sex; or

6  Subsection 72(2)

After “or husband”, insert “or partner”.

7  Section 88EA

Repeal the section.

8  Part III of the Schedule (table item 1)

Omit “a husband and wife”, substitute “two people”.

9  Application—minister of religion

To avoid doubt, the amendments made by this Schedule do not limit the effect of section 47 (ministers of religion not bound to solemnise marriage etc.) of the Marriage Act 1961.

10  Regulations may make consequential amendments of Acts

(1)       The Governor‑General may make regulations amending Acts (other than the Marriage Act 1961) being amendments that are consequential on, or that otherwise relate to, the enactment of this Act.

(2)       For the purposes of the Acts Publication Act 1905, amendments made by regulations for the purposes of this item are to be treated as if they had been made by an Act.

Note:       Subitem (2) ensures that amendments can be incorporated into reprints of Acts.