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Marriage Amendment (Marriage Equality) Bill 2015

Schedule 1 Amendments

   

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  Paragraphs 23(2)(b) and 23B(2)(b)

Omit “a brother and a sister”, substitute “siblings”.

3  Subsection 45(2)

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

4  Subsection 46(1)

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

5  Section 47

After “Nothing in this Part”, insert “or in any other law”.

6  At the end of section 47

Add:

Note:          One effect of paragraph (a) is that a minister of religion cannot be required to solemnise a marriage where the parties to the marriage are of the same sex.

7  Subsection 72(2)

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

8  Section 88EA

Repeal the section.

9  Part III of the Schedule (table item 1)

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

10  Regulations may make consequential amendments of Acts

(1)       The Governor-General may make regulations amending Acts (including the Marriage Act 1961 ) being amendments that are consequential on, or that otherwise relate to, the amendments made by this Schedule. The amendments may be made by directly amending the text of an Act.

(2)       The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to any amendments made by regulations under subitem (1).

(3)       Despite subsection 12(2) of the Legislative Instruments Act 2003 (as in force immediately before the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 ), regulations made for the purposes of this item may be expressed to take effect from a date before the regulations are registered under that Act.

(4)       Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 , as in force on and after the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 , does not apply in relation to regulations made for the purposes of this item.

(5)       To avoid doubt, amendments of an Act made by regulations for the purposes of subitem (1) can be incorporated into a reprint or compilation of the Act.