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Schedule 1—Amendment of the Marriage Act 1961

Schedule 1 Amendment of the Marriage Act 1961

   

Marriage Act 1961

1  After section 2

Insert:

3   Objects

                   The object of this Act is to allow couples to marry, and to have their marriages recognised, regardless of sex, sexual orientation, gender identity or intersex status.

2  Subsection 5(1) (definition of marriage )

Repeal the definition, substitute:

marriage means the union of 2 people to the exclusion of all others, voluntarily entered into for life.

Note:          See section 110 for the application of this definition.

3  Paragraph 23B(2)(b)

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

4  At the end of section 39

Add:

             (4)  A person who is authorised by subsection (1) or under subsection (2) to solemnise marriages must not refuse to solemnise a marriage if:

                     (a)  the refusal would amount to unlawful discrimination (within the meaning of the Australian Human Rights Commission Act 1986 ); and

                     (b)  section 100 of this Act does not prevent the person from solemnising the marriage.

5  Subsection 45(2)

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

6  Subsection 46(1)

Omit “a man and a woman”, substitute “2 people”.

7  Section 47

After “Part”, insert “, or in any other law”.

8  At the end of section 47

Add:

Note:          Because of paragraph (a), a minister of religion may refuse to solemnise a marriage for any reason, including because to do so would be contrary to the minister’s beliefs or the minister’s understanding of the doctrines, tenets, beliefs or teachings of the minister’s denomination.

9  Subsection 72(2)

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

10  At the end of section 81

Add:

Note:          Another ground might be that the solemnisation of the marriage would be contrary to the chaplain’s beliefs or the chaplain’s understanding of the doctrines, tenets, beliefs or teachings of the chaplain’s church or faith group.

11  Section 88EA

Repeal the section.

12  Part VIII (heading)

Repeal the heading, substitute:

Part VIII Application and transitional provisions

Division 1 Commencement of this Act

13  At the end of Part VIII

Add:

Division 2 Amendment of the definition of marriage

110   Application of amendments relating to the definition of marriage

             (1)  The amendments of this Act made by Schedule 1 to the Marriage Legislation Amendment Act 2015 apply in relation to marriages that take place at or after the commencement of that Schedule.

             (2)  The marriage definition amendments apply after that commencement, in relation to marriages that took place before that commencement, for the purposes of the following provisions:

                     (a)  Division 3 of Part IV (marriages by foreign diplomatic or consular officers);

                     (b)  Part VA (recognition of foreign marriages);

                     (c)  this subsection;

                     (d)  any other provision of this Act, in so far as the provision applies in relation to a marriage that is recognised as valid because of paragraph (a) or (b) of this subsection.

             (3)  The marriage definition amendments are the amendments of the following provisions of this Act made by Schedule 1 to the Marriage Legislation Amendment Act 2015 :

                     (a)  the definition of marriage in subsection 5(1);

                     (b)  paragraph 23B(2)(b).

14  Part III of the Schedule (table item 1)

Omit “a husband and wife”, substitute “2 people”.