Title Schedule 1— Marriage Act 1961
Database Bills & Legislation
Long Title A Bill for an Act to amend the [itals]Marriage Act 1961[eitals] to create the opportunity for marriage equality for people regardless of their sex, sexual orientation or gender identity, and for related purposes
Date 12-12-2013 12:03 PM
Source Senate
Parl No. 45
Bill Number 246/13
Bill Type Private
Reps Bill Code O
Status Not Proceeding
System Id legislation/bills/s938_first-senate/0001

Schedule 1—Marriage Act 1961

Schedule 1—Marriage Act 1961


1  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.

2  Paragraph 23(2)(b)

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

3  Subsection 45(2)

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

4  Subsection 46(1)

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

5  Section 47

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

6  Subsection 72(2)

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

Section 88EA

Repeal the section.

8  Part III of the Schedule (table item 1)

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

9  Application of amendments—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.

10  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 Acts Publication 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.