Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the Marriage Act 1961 to create the opportunity for marriage equality for people regardless of their sex, sexual orientation or gender identity, 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 28 Feb 2013
Introduced Senate 25 Feb 2013
Table of contents.

 

2010‑2011‑2012‑2013

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

Marriage Equality Amendment Bill 2013

 

No.      , 2013

 

(Senator Hanson-Young)

 

 

 

A Bill for an Act to amend the Marriage Act 1961 to create the opportunity for marriage equality for people regardless of their sex, sexual orientation or gender identity, and for related purposes

  

  


Contents

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

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

3............ Objects................................................................................................ 2

4............ Schedule.............................................................................................. 2

Schedule 1—Amendment of the Marriage Act 1961                                        3

 


A Bill for an Act to amend the Marriage Act 1961 to create the opportunity for marriage equality for people regardless of their sex, sexual orientation or gender identity, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Marriage Equality Amendment Act 2013.

2  Commencement

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

3  Objects

                   The objects of this Act are:

                     (a)  to remove from the Marriage Act 1961 discrimination against people on the basis of their sex, sexual orientation or gender identity; and

                     (b)  to recognise that freedom of sexual orientation and gender identity are fundamental human rights; and

                     (c)  to promote acceptance and the celebration of diversity.

4  Schedule

                   The Marriage Act 1961 is amended as set out in the applicable items in Schedule 1, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1—Amendment of the Marriage Act 1961

 

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  Subsection 72(2)

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

Section 88EA

Repeal the section.

7  Part III of the Schedule (table item 1)

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

8  Application—ministers 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.

9  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.