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Thursday, 1 December 1983
Page: 3151


Senator MACKLIN(5.14) —by leave-I move:

(19) Page 87, clause 52, line 19, insert ''or'' after ''enrolled;''.

(20) Page 87, clause 52, line 22, leave out ''enrolled; or'', insert ''enrolled .''.

(21) Page 87, clause 52, lines 23 to 28, leave out proposed paragraph 71 (2) (c ).

The effect of these amendments would be to delete paragraph (c) of proposed new section 71 (2) of the Principal Act. Paragraph (c) states:

in a case where a candidate is or has been a married woman and paragraph (b) does not apply-the names referred to in paragraph (a) or those names with a maiden or married name of the candidate that does not appear on the Roll . . .

if we simply added the word 'or' after paragraph (a) and added that in with paragraph (b), there would be no reason to make any special provisions for married women other than those that are made for men. This is the last remnant of something that we are trying to do away with in another Bill. In order to avoid controversy, I shall not enter into that matter. But certainly with the proposed section here, it is probably an oversight on the part of the drafters that it should have been left in because, as I say, there is no reason for it. All eventualities are covered, inasmuch as a person is entitled to enrol under a name or given names and to stand under a name under which he is entitled to enroll. That simply covers every possibility. There is no need to make any special provisions for maiden name or otherwise.

In some States the changing of names is required to go through a process of law . I understand that is the case in Western Australia. But it is not the case in Queensland, for example, where one can change one's name not necessarily by deed poll but by dint of practice and custom, and there are no laws governing those names. So the name basically in my State is the name by which one is known in use. So in that sense a woman who wishes to retain her original name, or her maiden name as it is normally called, or a man who upon marriage wishes to change his name, or a couple who wish to hyphenate their name-all of these are varieties of name changes that occur now on marriage fairly frequently-are also accommodated under paragraphs (a) and (b). So I move those amendments, which will in effect eliminate paragraph (c).