A Bill for an Act to amend the law relating to sex discrimination and marriage, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Sex Discrimination and Marriage Legislation Amendment (Protecting Supporters of Traditional Marriage) Act 2018.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | |
| 2. Schedule 1 | The day after this Act receives the Royal Assent. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1—Amendments
Part 1—Main amendments
Marriage Act 1961
1 At the end of section 39
Add:
(5) A person who is authorised by subsection (1) or under subsection (2) to solemnise marriages may refuse to solemnise a marriage as their conscience and beliefs dictate.
2 Paragraph 39DA(b)
Repeal the paragraph, substitute:
(b) the person:
(i) is a minister of religion; or
(ii) wishes to be identified as a religious marriage celebrant on the register because of the person’s religious beliefs.
3 Before section 47A
Insert:
47AA Authorised celebrants not bound to solemnise marriages etc.
Nothing in this Part:
(a) imposes an obligation on an authorised celebrant to solemnise any marriage, or
(b) prevents such an authorised celebrant from making it a condition of his or her solemnising a marriage that:
(i) longer notice of intention to marry than that required by this Act is given; or
(ii) requirements additional to those provided by this Act are observed.
4 Section 47A (heading)
Omit “Religious marriage celebrants”, substitute “Authorised celebrants”.
5 Subsection 47A(1)
Omit “A religious marriage celebrant”, substitute “An authorised celebrant (including a religious marriage celebrant)”.
6 Subsection 47A(2)
Omit “a religious marriage celebrant”, substitute “an authorised celebrant (including a religious marriage celebrant)”.
7 Subsection 81(2)
Omit “A chaplain”, substitute “An authorised celebrant (including a chaplain)”.
8 Paragraphs 81(2)(a) and (c)
Omit “the chaplain’s”, substitute “the authorised celebrant’s”.
9 Paragraph 81(2)(c)
Omit “the chaplain”, substitute “the authorised celebrant”.
Part 2—Amendment of the Sex Discrimination Act 1984
Sex Discrimination Act 1984
10 After section 38
Insert:
38A Marriage
(1) Nothing in Division 1 or 2 renders it unlawful for a person to discriminate against another person on the ground of the other person’s sexual orientation, gender identity, intersex status, marital or relationship status in the course of providing, or offering to provide, goods, services or facilities for, or in connection with:
(a) the solemnisation of a marriage under the Marriage Act 1961; or
(b) the preparation for, or celebration of, such a marriage; or
(c) the preparation for, or celebration of, events associated with such a marriage, including:
(i) an event announcing or celebrating the engagement of the parties to be married; and
(ii) an event celebrating the anniversary of the marriage.
(2) Nothing in Division 1 or 2, or any other law, renders it unlawful for a person or an entity to hold or express religious or conscientious beliefs regarding the definition of marriage, or an opinion consistent with those beliefs.
11 Subsection 40(2A)
Omit “, if any of the circumstances mentioned in paragraph 47(3)(a), (b) or (c) of the Marriage Act 1961 apply”.
12 Subsection 40(2AA)
Repeal the subsection, substitute:
(2AA) An authorised celebrant (including a religious marriage celebrant) (as defined in subsection 5(1) of the Marriage Act 1961) may refuse to solemnise a marriage despite anything in Division 1 or 2, as applying by reference to section 5A, 5B, 5C or 6.
13 Subsection 40(2AB)
Omit “A chaplain”, substitute “An authorised celebrant (including a chaplain)”.
14 Subsection 40(2AB)
Omit “, if any of the circumstances mentioned in paragraph 81(2)(a), (b) or (c) of the Marriage Act 1961 apply”.
Part 3—Other consequential amendments
15 Regulations may make consequential amendments of Acts
The Governor‑General may, during the period of 12 months starting on the commencement of this item, make regulations amending Acts (including the Marriage Act 1961 and the Sex Discrimination Act 1984) being amendments that are of a transitional nature (including prescribing any saving or application provisions).