MARRIAGE EQUALITY AMENDMENT BILL 2012
This is a Bill, not an Act. For current law, see the Acts databases.
MARRIAGE EQUALITY AMENDMENT BILL 2012
2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Marriage Equality Amendment Bill 2012
No. , 2012
(Mr Bandt, Mr Wilkie)
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
i Marriage Equality Amendment Bill 2012 No. , 2012
Contents
1 Short
title
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2 Commencement
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3 Objects
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4 Schedule
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Schedule 1--Amendment of the Marriage Act 1961
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Marriage Equality Amendment Bill 2012 No. , 2012 1
A Bill for an Act to amend the Marriage Act 1961 to
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create the opportunity for marriage equality for
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people regardless of their sex, sexual orientation or
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gender identity, and for related purposes
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The Parliament of Australia enacts:
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1 Short title
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This Act may be cited as the Marriage Equality Amendment Act
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2012.
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2 Commencement
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This Act commences on the day on which it receives the Royal
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Assent.
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2 Marriage Equality Amendment Bill 2012 No. , 2012
3 Objects
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The objects of this Act are:
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(a) to remove from the Marriage Act 1961 discrimination against
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people on the basis of their sex, sexual orientation or gender
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identity; and
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(b) to recognise that freedom of sexual orientation and gender
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identity are fundamental human rights; and
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(c) to promote acceptance and the celebration of diversity.
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4 Schedule
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The
Marriage Act 1961 is amended as set out in the applicable
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items in Schedule 1, and any other item in a Schedule to this Act
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has effect according to its terms.
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Amendment of the Marriage Act 1961 Schedule 1
Marriage Equality Amendment Bill 2012 No. , 2012 3
Schedule 1--Amendment of the Marriage Act
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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, regardless of their sex,
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sexual orientation or gender identity, to the exclusion of all others,
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voluntarily entered into for life.
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2 Subsection 45(2)
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After "or husband", insert ", or partner".
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3 Subsection 46(1)
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Omit "a man and a woman", substitute "two people".
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4 Section 47
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After "Part", insert "or in any other law".
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5 Subsection 72(2)
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After "or husband", insert ", or partner".
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6 Section 88EA
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Repeal the section.
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7 Part III of the Schedule (table item 1)
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Omit "a husband and wife", substitute "two people".
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8 Application--ministers of religion
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To avoid doubt, the amendments made by this Schedule do not limit the
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effect of section 47 (ministers of religion not bound to solemnise
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marriage etc.) of the Marriage Act 1961.
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9 Regulations may make consequential amendments of Acts
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(1)
The Governor-General may make regulations amending Acts (other
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than the Marriage Act 1961) being amendments that are consequential
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on, or that otherwise relate to, the enactment of this Act.
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Schedule 1 Amendment of the Marriage Act 1961
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(2)
For the purposes of the Amendments Incorporation Act 1905,
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amendments made by regulations for the purposes of this item are to be
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treated as if they had been made by an Act.
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Note:
Subitem (2) ensures that amendments can be incorporated into reprints of Acts.
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