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This is a Bill, not an Act. For current law, see the Acts databases.
MARRIAGE AMENDMENT BILL (NO. 2) 2012
2010-2011-2012
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Marriage Amendment Bill (No. 2) 2012
No. , 2012
(Senators Crossin, Brown, Pratt and Marshall)
A Bill for an Act to amend the Marriage Act 1961 to
establish marriage equality, and for related
purposes
i Marriage Amendment Bill (No. 2) 2012 No. , 2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Object
.................................................................................................
2
4 Schedule(s)
........................................................................................
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Schedule 1--Amendment of the Marriage Act 1961
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Marriage Amendment Bill (No. 2) 2012 No. , 2012 1
A Bill for an Act to amend the Marriage Act 1961 to
1
establish marriage equality, and for related
2
purposes
3
The Parliament of Australia enacts:
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1 Short title
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This Act may be cited as the Marriage Amendment Act (No. 2)
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2012.
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2 Commencement
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This Act commences on the day after this Act receives the Royal
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Assent.
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2 Marriage Amendment Bill (No. 2) 2012 No. , 2012
3 Object
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The object of this Act is to amend the Marriage Act 1961 to ensure
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equal access to marriage for all adult couples irrespective of sex
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who have a mutual commitment to a shared life.
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4 Schedule(s)
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Each Act that is specified in a Schedule to this Act is amended or
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repealed as set out in the applicable items in the Schedule
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concerned, and any other item in a Schedule to this Act has effect
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according to its terms.
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Amendment of the Marriage Act 1961 Schedule 1
Marriage Amendment Bill (No. 2) 2012 No. , 2012 3
Schedule 1--Amendment of the Marriage Act
1
1961
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3
1 Subsection 5(1) (definition of marriage)
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Repeal the definition, substitute:
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marriage means the union of two people, to the exclusion of all
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others, voluntarily entered into for life.
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2 Subsection 45(2)
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After "or husband", insert "or partner".
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3 Subsection 46(1)
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Omit "a man and a woman", substitute "two people".
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4 Section 47
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After "Part", insert "or in any other law".
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5 After paragraph 47(a)
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Insert:
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(aa) imposes an obligation on an authorised celebrant, being a
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minister of religion, to solemnise a marriage where the
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parties to the marriage are of the same sex; or
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6 Subsection 72(2)
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After "or husband", insert "or partner".
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7 Section 88EA
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Repeal the section.
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8 Part III of the Schedule (table item 1)
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Omit "a husband and wife", substitute "two people".
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9 Application--minister of religion
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To avoid doubt, the amendments made by this Schedule do not limit the
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effect of section 47 (ministers of religion not bound to solemnise
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marriage etc.) of the Marriage Act 1961.
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Schedule 1 Amendment of the Marriage Act 1961
4 Marriage Amendment Bill (No. 2) 2012 No. , 2012
10 Regulations may make consequential amendments of
1
Acts
2
(1)
The Governor-General may make regulations amending Acts (other
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than the Marriage Act 1961) being amendments that are consequential
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on, or that otherwise relate to, the enactment of this Act.
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(2)
For the purposes of the Acts Publication Act 1905, amendments made
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by regulations for the purposes of this item are to be treated as if they
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had been made by an Act.
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Note:
Subitem (2) ensures that amendments can be incorporated into reprints of Acts.
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