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Marriage Equality Amendment Bill 2012

Schedule 1 Amendment of the Marriage Act 1961


1  Subsection 5(1) (definition of marriage )

Repeal the definition, substitute:

marriage means the union of two people, regardless of their sex, sexual orientation or gender identity, to the exclusion of all others, voluntarily entered into for life.

2  Subsection 45(2)

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

3  Subsection 46(1)

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

4  Section 47

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

5  Subsection 72(2)

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

Section 88EA

Repeal the section.

7  Part III of the Schedule (table item 1)

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

8  Application—ministers of religion

To avoid doubt, the amendments made by this Schedule do not limit the effect of section 47 (ministers of religion not bound to solemnise marriage etc.) of the Marriage Act 1961.

9  Regulations may make consequential amendments of Acts

(1)       The Governor-General may make regulations amending Acts (other than the Marriage Act 1961 ) being amendments that are consequential on, or that otherwise relate to, the enactment of this Act.

(2)       For the purposes of the Amendments Incorporation Act 1905 , amendments made by regulations for the purposes of this item are to be treated as if they had been made by an Act.

Note:       Subitem (2) ensures that amendments can be incorporated into reprints of Acts.