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This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Marriage Amendment (Marriage
Equality) Bill 2016
No. , 2016
(Ms Plibersek)
A Bill for an Act to amend the Marriage Act 1961 to
establish marriage equality, and for related
purposes
No. , 2016
Marriage Amendment (Marriage Equality) Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Objects ............................................................................................... 2
4
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Marriage Act 1961
3
No. , 2016
Marriage Amendment (Marriage Equality) Bill 2016
1
A Bill for an Act to amend the Marriage Act 1961 to
1
establish marriage equality, and for related
2
purposes
3
The Parliament of Australia enacts:
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1 Short title
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This Act may be cited as the Marriage Amendment (Marriage
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Equality) Act 2016.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
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commences, or is taken to have commenced, in accordance with
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column 2 of the table. Any other statement in column 2 has effect
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according to its terms.
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13
2
Marriage Amendment (Marriage Equality) Bill 2016
No. , 2016
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
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(2) Any information in column 3 of the table is not part of this Act.
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Information may be inserted in this column, or information in it
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may be edited, in any published version of this Act.
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3 Objects
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The object of this Act is to allow Australians to marry regardless of
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their sex, sexual orientation, gender identity or intersex status.
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4 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
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repealed as set out in the applicable items in the Schedule
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concerned, and any other item in a Schedule to this Act has effect
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according to its terms.
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Amendments Schedule 1
No. , 2016
Marriage Amendment (Marriage Equality) Bill 2016
3
Schedule 1--Amendments
1
2
Marriage Act 1961
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1 Subsection 5(1) (definition of marriage)
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Repeal the definition, substitute:
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marriage means the union of two people to the exclusion of all
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others, voluntarily entered into for life.
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2 Paragraphs 23(2)(b) and 23B(2)(b)
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Omit "a brother and a sister", substitute "siblings".
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3 Subsection 45(2)
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After "husband", insert ", or partner".
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4 Subsection 46(1)
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Omit "a man and a woman", substitute "two people".
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5 Section 47
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After "Nothing in this Part", insert "or in any other law".
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6 At the end of section 47
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Add:
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Note:
One effect of paragraph (a) is that a minister of religion cannot be
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required to solemnise a marriage where the parties to the marriage are
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of the same sex.
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7 Subsection 72(2)
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After "husband", insert ", or partner".
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8 Section 88EA
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Repeal the section.
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9 Part III of the Schedule (table item 1)
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Omit "a husband and wife", substitute "two people".
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Schedule 1 Amendments
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Marriage Amendment (Marriage Equality) Bill 2016
No. , 2016
10 Regulations may make consequential amendments of
1
Acts
2
(1)
The Governor-General may make regulations amending Acts (including
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the Marriage Act 1961) being amendments that are consequential on, or
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that otherwise relate to, the amendments made by this Schedule. The
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amendments may be made by directly amending the text of an Act.
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(2)
The Governor-General may make regulations prescribing matters of a
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transitional nature (including prescribing any saving or application
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provisions) relating to any amendments made by regulations under
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subitem (1).
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(3)
Subsection 12(2) (retrospective application of legislative instruments)
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of the Legislation Act 2003 does not apply in relation to regulations
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made for the purposes of this item.
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(4)
To avoid doubt, amendments of an Act made by regulations for the
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purposes of subitem (1) can be incorporated into a reprint or
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compilation of the Act.
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