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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Marriage Amendment (Definition and
Religious Freedoms) Bill 2017
No. , 2017
(Senator Smith)
A Bill for an Act to amend the law relating to the
definition of marriage and protect religious
freedoms, and for related purposes
No. , 2017
Marriage Amendment (Definition and Religious Freedoms) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Amendments
4
Part 1--Main amendments
4
Marriage Act 1961
4
Part 2--Amendment of the Sex Discrimination Act 1984
17
Sex Discrimination Act 1984
17
Part 3--Amendments if Schedule 9 to the Civil Law and
Justice Legislation Amendment Act 2017 not yet
commenced
18
Marriage Act 1961
18
Part 4--Amendments once Schedule 9 to the Civil Law and
Justice Legislation Amendment Act 2017 commences
19
Marriage Act 1961
19
Part 5--Application and transitional provisions
20
No. , 2017
Marriage Amendment (Definition and Religious Freedoms) Bill 2017
1
A Bill for an Act to amend the law relating to the
1
definition of marriage and protect religious
2
freedoms, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Marriage Amendment (Definition and Religious
6
Freedoms) Act 2017.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2
Marriage Amendment (Definition and Religious Freedoms) Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Parts 1 and 2
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 28 days beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
3. Schedule 1,
Part 3
At the same time as the provisions covered
by table item 2.
However, if Schedule 9 to the Civil Law and
Justice Legislation Amendment Act 2017
commences at or before that time, the
provisions covered by this table item do not
commence at all.
4. Schedule 1,
Part 4
The later of:
(a) the commencement of the provisions
covered by table item 2; and
(b) immediately after the commencement of
Schedule 9 to the Civil Law and Justice
Legislation Amendment Act 2017.
However, if Schedule 9 to the Civil Law and
Justice Legislation Amendment Act 2017
does not commence, the provisions covered
by this table item do not commence at all.
5. Schedule 1,
Part 5
At the same time as the provisions covered
by table item 2.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
No. , 2017
Marriage Amendment (Definition and Religious Freedoms) Bill 2017
3
3 Schedules
1
Legislation that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Schedule 1 Amendments
Part 1 Main amendments
4
Marriage Amendment (Definition and Religious Freedoms) Bill 2017
No. , 2017
Schedule 1--Amendments
1
Part 1--Main amendments
2
Marriage Act 1961
3
1 After section 2
4
Insert:
5
2A Objects of this Act
6
It is an object of this Act to create a legal framework:
7
(a) to allow civil celebrants to solemnise marriage, understood as
8
the union of 2 people to the exclusion of all others,
9
voluntarily entered into for life; and
10
(b) to allow ministers of religion to solemnise marriage,
11
respecting the doctrines, tenets and beliefs of their religion,
12
the views of their religious community or their own religious
13
beliefs; and
14
(c) to allow equal access to marriage while protecting religious
15
freedom in relation to marriage.
16
2 Subsection 5(1) (definition of authorised celebrant)
17
Repeal the definition, substitute:
18
authorised celebrant means:
19
(a) in relation to a marriage proposed to be solemnised in
20
Australia:
21
(i) a minister of religion registered under Subdivision A of
22
Division 1 of Part IV; or
23
(ii) a person authorised to solemnise marriages under
24
Subdivision B of Division 1 of Part IV; or
25
(iii) a marriage celebrant; or
26
(iv) a religious marriage celebrant; or
27
(b) in relation to a marriage proposed to be solemnised in
28
accordance with Division 3 of Part V:
29
(i) a chaplain; or
30
Amendments Schedule 1
Main amendments Part 1
No. , 2017
Marriage Amendment (Definition and Religious Freedoms) Bill 2017
5
(ii) an officer (within the meaning of the Defence Act 1903),
1
other than a chaplain, authorised by the Chief of the
2
Defence Force under section 71A to solemnise
3
marriages under that Division.
4
3 Subsection 5(1) (definition of marriage)
5
Omit "a man and a woman", substitute "2 people".
6
4 Subsection 5(1) (paragraph (c) of the definition of
7
prescribed authority)
8
Omit "a chaplain", substitute "a chaplain or an officer (within the
9
meaning of the Defence Act 1903), other than a chaplain, authorised by
10
the Chief of the Defence Force under section 71A to solemnise
11
marriages under that Division".
12
5 Subsection 5(1)
13
Insert:
14
religious marriage celebrant means a person identified as a
15
religious marriage celebrant on the register of marriage celebrants
16
under Subdivision D of Division 1 of Part IV.
17
6 Paragraph 21(2)(b)
18
Omit "the chaplain", substitute "the authorised celebrant".
19
7 Paragraph 23B(2)(b)
20
Omit "a brother and a sister", substitute "2 siblings".
21
8 After section 39D
22
Insert:
23
Subdivision D--Religious marriage celebrants
24
39DA Entitlement to be identified as a religious marriage celebrant
25
on the register of marriage celebrants
26
A person is entitled to be identified as a religious marriage
27
celebrant on the register of marriage celebrants if:
28
(a) the person is registered as a marriage celebrant under
29
Subdivision C of this Division; and
30
Schedule 1 Amendments
Part 1 Main amendments
6
Marriage Amendment (Definition and Religious Freedoms) Bill 2017
No. , 2017
(b) the person is a minister of religion.
1
39DB Request to be identified as a religious marriage celebrant on
2
the register of marriage celebrants
3
(1) A person may, in writing, give the Registrar of Marriage
4
Celebrants notice that the person wishes to be identified as a
5
religious marriage celebrant on the register of marriage celebrants.
6
(2) The notice must be in a form approved by the Registrar, and
7
include all of the information required by the form.
8
39DC Identification as a religious marriage celebrant
9
The Registrar of Marriage Celebrants must identify a person as a
10
religious marriage celebrant on the register of marriage celebrants
11
if:
12
(a) the person has given the Registrar notice in accordance with
13
section 39DB that the person wishes to be identified as a
14
religious marriage celebrant on the register; and
15
(b) the person is entitled to be identified as a religious marriage
16
celebrant on the register.
17
39DD Transitional provisions for existing marriage celebrants
18
Marriage celebrants who are ministers of religion, but not
19
ministers of religion of a recognised denomination
20
(1) The Registrar of Marriage Celebrants must identify a person as a
21
religious marriage celebrant on the register of marriage celebrants
22
if:
23
(a) the person was registered as a marriage celebrant under
24
Subdivision C of this Division immediately before Part 1 of
25
Schedule 1 to the Marriage Amendment (Definition and
26
Religious Freedoms) Act 2017 commenced; and
27
(b) the person is a minister of religion.
28
Amendments Schedule 1
Main amendments Part 1
No. , 2017
Marriage Amendment (Definition and Religious Freedoms) Bill 2017
7
Marriage celebrants who wish to be religious marriage celebrants
1
on the basis of their religious beliefs
2
(2) The Registrar of Marriage Celebrants must identify a person as a
3
religious marriage celebrant on the register of marriage celebrants
4
if:
5
(a) the person was registered as a marriage celebrant under
6
Subdivision C of this Division immediately before Part 1 of
7
Schedule 1 to the Marriage Amendment (Definition and
8
Religious Freedoms) Act 2017 commenced; and
9
(b) the person gives the Registrar notice that the person wishes to
10
be identified as a religious marriage celebrant on the register:
11
(i) in writing; and
12
(ii) in a form approved by the Registrar; and
13
(iii) within 90 days after Part 1 of Schedule 1 to the
14
Marriage Amendment (Definition and Religious
15
Freedoms) Act 2017 commences; and
16
(c) the choice is based on the person's religious beliefs.
17
39DE Process of identification on the register as a religious marriage
18
celebrant
19
(1) The Registrar identifies a person as a religious marriage celebrant
20
on the register of marriage celebrants by annotating the register to
21
include that detail.
22
(2) If the Registrar identifies a person as a religious marriage celebrant
23
on the register of marriage celebrants, the Registrar must, as soon
24
as practicable, give the person written notice of that fact.
25
(3) If the Registrar decides not to identify a person as a religious
26
marriage celebrant on the register of marriage celebrants, the
27
Registrar must, as soon as practicable, inform the person in writing
28
of:
29
(a) the decision; and
30
(b) the reasons for it; and
31
(c) the person's right under section 39J to apply for a review of
32
the decision.
33
Schedule 1 Amendments
Part 1 Main amendments
8
Marriage Amendment (Definition and Religious Freedoms) Bill 2017
No. , 2017
Subdivision E--General provisions relating to all marriage
1
celebrants
2
9 After paragraph 39G(1)(c)
3
Insert:
4
; and (d) disclose that the celebrant is a marriage celebrant, and
5
whether or not the celebrant is a religious marriage celebrant,
6
in any document relating to the performance of services as a
7
marriage celebrant (including advertisements) by the
8
celebrant.
9
10 After paragraph 39I(1)(a)
10
Insert:
11
(aa) is satisfied that the marriage celebrant is no longer entitled to
12
be identified as a religious marriage celebrant on the register
13
of marriage celebrants; or
14
11 At the end of subsection 39I(1)
15
Add:
16
; or (f) is satisfied that the marriage celebrant's notice under
17
section 39DB or paragraph 39DD(2)(b) (notice requesting to
18
be identified as a religious marriage celebrant) was known by
19
the marriage celebrant to be false or misleading in a material
20
particular.
21
12 After paragraph 39I(2)(d)
22
Insert:
23
; or (e) if the marriage celebrant is identified as a religious marriage
24
celebrant on the register of marriage celebrants:
25
(i) remove the identification of the marriage celebrant as a
26
religious marriage celebrant from the register for a
27
period (the suspension period) of up to 6 months by
28
annotating the register of marriage celebrants to include
29
a statement that the celebrant is not identified as a
30
religious marriage celebrant, and the dates of the start
31
and end of the suspension period; or
32
(ii) remove the identification of the marriage celebrant as a
33
religious marriage celebrant permanently from the
34
register.
35
Amendments Schedule 1
Main amendments Part 1
No. , 2017
Marriage Amendment (Definition and Religious Freedoms) Bill 2017
9
13 After subsection 39I(3)
1
Insert:
2
(3A) If the Registrar removes the identification of a marriage celebrant
3
as a religious marriage celebrant for any period under
4
paragraph (2)(e), section 47A does not apply in respect of the
5
celebrant during that period.
6
14 Subsection 39I(4)
7
After "disciplinary measures against a marriage celebrant", insert
8
"(including a religious marriage celebrant)".
9
15 At the end of subsection 39J(1)
10
Add:
11
; or (d) not to identify a person as a religious marriage celebrant on
12
the register of marriage celebrants; or
13
(e) to remove the identification of a person as a religious
14
marriage celebrant from the register of marriage celebrants,
15
either for a specified period or permanently.
16
16 After subsection 39J(2)
17
Insert:
18
(2A) For the purposes of both the making of an application under
19
subsection (1) and the operation of the Administrative Appeals
20
Tribunal Act 1975 in relation to such an application, if:
21
(a) a person has given notice under section 39DB or
22
paragraph 39DD(2)(b) (notice requesting to be identified as a
23
religious marriage celebrant); and
24
(b) at the end of 3 months after the day on which the notice was
25
given, the person has not been:
26
(i) identified as a religious marriage celebrant on the
27
register of marriage celebrants; or
28
(ii) notified by the Registrar that the Registrar has decided
29
not to identify the person as a religious marriage
30
celebrant on the register of marriage celebrants;
31
the Registrar is taken to have decided, on the last day of the 3
32
month period, not to identify that person as a religious marriage
33
celebrant on the register of marriage celebrants.
34
Schedule 1 Amendments
Part 1 Main amendments
10
Marriage Amendment (Definition and Religious Freedoms) Bill 2017
No. , 2017
17 After paragraph 39M(c)
1
Insert:
2
or (d) a person was identified as a religious marriage celebrant on
3
the register of marriage celebrants; or
4
(e) a person was not identified as a religious marriage celebrant
5
on the register of marriage celebrants;
6
18 Subsection 45(2)
7
After "or husband", insert ", or spouse".
8
19 Subsection 46(1)
9
Omit "a man and a woman", substitute "2 people".
10
20 Section 47
11
Repeal the section, substitute:
12
47 Ministers of religion may refuse to solemnise marriages
13
Refusing to solemnise a marriage despite this Part
14
(1) A minister of religion may refuse to solemnise a marriage despite
15
anything in this Part.
16
(2) In particular, nothing in this Part prevents a minister of religion
17
from:
18
(a) making it a condition of solemnising a marriage that:
19
(i) notice of the intended marriage is given to the minister
20
earlier than this Act requires; or
21
(ii) additional requirements to those provided by this Act
22
are complied with; and
23
(b) refusing to solemnise the marriage if the condition is not
24
observed.
25
Refusing to solemnise a marriage on the basis of religious beliefs
26
etc.
27
(3) A minister of religion may refuse to solemnise a marriage despite
28
anything in this Part, if any of the following applies:
29
Amendments Schedule 1
Main amendments Part 1
No. , 2017
Marriage Amendment (Definition and Religious Freedoms) Bill 2017
11
(a) the refusal conforms to the doctrines, tenets or beliefs of the
1
religion of the minister's religious body or religious
2
organisation;
3
(b) the refusal is necessary to avoid injury to the religious
4
susceptibilities of adherents of that religion;
5
(c) the minister's religious beliefs do not allow the minister to
6
solemnise the marriage.
7
Grounds for refusal not limited by this section
8
(4) This section does not limit the grounds on which a minister of
9
religion may refuse to solemnise a marriage.
10
21 Before section 48
11
Insert:
12
47A Religious marriage celebrants may refuse to solemnise
13
marriages
14
(1) A religious marriage celebrant may refuse to solemnise a marriage
15
despite anything in this Part, if the celebrant's religious beliefs do
16
not allow the celebrant to solemnise the marriage.
17
Grounds for refusal not limited by this section
18
(2) This section does not limit the grounds on which a religious
19
marriage celebrant may refuse to solemnise a marriage.
20
47B Bodies established for religious purposes may refuse to make
21
facilities available or provide goods or services
22
(1) A body established for religious purposes may refuse to make a
23
facility available, or to provide goods or services, for the purposes
24
of the solemnisation of a marriage, or for purposes reasonably
25
incidental to the solemnisation of a marriage, if the refusal:
26
(a) conforms to the doctrines, tenets or beliefs of the religion of
27
the body; or
28
(b) is necessary to avoid injury to the religious susceptibilities of
29
adherents of that religion.
30
(2) Subsection (1) applies to facilities made available, and goods and
31
services provided, whether for payment or not.
32
Schedule 1 Amendments
Part 1 Main amendments
12
Marriage Amendment (Definition and Religious Freedoms) Bill 2017
No. , 2017
(3) This section does not limit the grounds on which a body
1
established for religious purposes may refuse to make a facility
2
available, or to provide goods or services, for the purposes of the
3
solemnisation of a marriage, or for purposes reasonably incidental
4
to the solemnisation of a marriage.
5
(4) To avoid doubt, a reference to a body established for religious
6
purposes has the same meaning in this section as it has in
7
section 37 of the Sex Discrimination Act 1984.
8
(5) For the purposes of subsection (1), a purpose is reasonably
9
incidental to the solemnisation of marriage if it is intrinsic to, or
10
directly associated with, the solemnisation of the marriage.
11
22 Subsection 71(1)
12
Omit "a chaplain", substitute "an authorised celebrant".
13
23 After section 71
14
Insert:
15
71A Marriage officers
16
The Chief of the Defence Force may, by instrument in writing,
17
authorise an officer (within the meaning of the Defence Act 1903),
18
other than a chaplain, to solemnise marriages under this Division.
19
24 Paragraphs 72(1)(a) and (b)
20
Omit "the chaplain" (wherever occurring), substitute "the authorised
21
celebrant".
22
25 Subsection 72(2)
23
Omit "the chaplain" (wherever occurring), substitute "the authorised
24
celebrant".
25
26 Subsection 72(2)
26
After "or husband", insert ", or spouse".
27
27 Section 74 (heading)
28
Omit "chaplain", substitute "authorised celebrant".
29
Amendments Schedule 1
Main amendments Part 1
No. , 2017
Marriage Amendment (Definition and Religious Freedoms) Bill 2017
13
28 Subsection 74(1)
1
Omit "the chaplain", substitute "the authorised celebrant".
2
29 Subsection 74(3)
3
Omit "A chaplain", substitute "An authorised celebrant".
4
30 Section 75 (heading)
5
Omit "Chaplain", substitute "Authorised celebrant".
6
31 Section 75
7
Omit "A chaplain", substitute "An authorised celebrant".
8
32 Section 75
9
Omit "the chaplain", substitute "the authorised celebrant".
10
33 Subsections 76(1), 77(1) and 78(2)
11
Omit "the chaplain", substitute "the authorised celebrant".
12
34 Section 79 (heading)
13
Omit "Chaplain", substitute "Authorised celebrant".
14
35 Section 79
15
Omit "A chaplain", substitute "An authorised celebrant".
16
36 Section 79
17
Omit "the chaplain", substitute "the authorised celebrant".
18
37 Subsection 80(1)
19
Omit "a chaplain", substitute "an authorised celebrant".
20
38 Subsection 80(1)
21
Omit "the chaplain", substitute "the authorised celebrant".
22
39 Paragraphs 80(2)(a) and (c)
23
Omit "the chaplain", substitute "the authorised celebrant".
24
40 Subsection 80(4)
25
Omit "The chaplain", substitute "The authorised celebrant".
26
Schedule 1 Amendments
Part 1 Main amendments
14
Marriage Amendment (Definition and Religious Freedoms) Bill 2017
No. , 2017
41 Subsections 80(5) and (6)
1
Omit "the chaplain", substitute "the authorised celebrant".
2
42 Subsection 80(8)
3
Omit "a chaplain", substitute "an authorised celebrant".
4
43 Subsection 80(9)
5
Omit "the chaplain" (first occurring), substitute "the authorised
6
celebrant".
7
44 Paragraph 80(9)(b)
8
Omit "the chaplain", substitute "the authorised celebrant".
9
45 Subsection 80(10)
10
Omit "a chaplain", substitute "an authorised celebrant".
11
46 Section 81
12
Omit "A chaplain", substitute "(1) An authorised celebrant (including a
13
chaplain)".
14
47 Section 81
15
Omit "the chaplain" (wherever occurring), substitute "the authorised
16
celebrant".
17
48 At the end of section 81
18
Add:
19
Refusing to solemnise a marriage on the basis of religious beliefs
20
etc.
21
(2) A chaplain may refuse to solemnise a marriage despite anything in
22
this Part, if any of the following applies:
23
(a) the refusal conforms to the doctrines, tenets or beliefs of the
24
religion of the chaplain's religious body or religious
25
organisation;
26
(b) the refusal is necessary to avoid injury to the religious
27
susceptibilities of adherents of that religion;
28
(c) the chaplain's religious beliefs do not allow the chaplain to
29
solemnise the marriage.
30
Amendments Schedule 1
Main amendments Part 1
No. , 2017
Marriage Amendment (Definition and Religious Freedoms) Bill 2017
15
Grounds for refusal not limited by this section
1
(3) This section does not limit the grounds on which an authorised
2
celebrant (including a chaplain) may refuse to solemnise a
3
marriage.
4
49 Subsection 83(2)
5
Omit "a chaplain", substitute "an authorised celebrant".
6
50 Section 84 (heading)
7
Omit "a chaplain", substitute "an authorised celebrant".
8
51 Paragraph 84(1)(a)
9
Omit "a chaplain", substitute "an authorised celebrant".
10
52 Paragraphs 84(1)(b) and (c)
11
Omit "the chaplain", substitute "the authorised celebrant".
12
53 Subsection 84(1)
13
Omit "the chaplain" (last occurring), substitute "the authorised
14
celebrant".
15
54 Paragraph 85(1)(b)
16
Omit "a chaplain", substitute "an authorised celebrant".
17
55 Paragraph 85(1)(c)
18
Omit "the chaplain", substitute "the authorised celebrant".
19
56 Subsection 85(1)
20
Omit "the chaplain" (last occurring), substitute "the authorised
21
celebrant".
22
57 Subsection 88B(4)
23
Repeal the subsection.
24
58 Section 88EA
25
Repeal the section.
26
Schedule 1 Amendments
Part 1 Main amendments
16
Marriage Amendment (Definition and Religious Freedoms) Bill 2017
No. , 2017
59 Subsection 99(3)
1
Omit "A chaplain", substitute "An authorised celebrant".
2
60 Subsection 116(2)
3
Omit "or chaplain" (wherever occurring).
4
61 Subsections 117(1) and (2)
5
After "other than Subdivision C", insert "or D".
6
62 Paragraph 119(3)(f)
7
Omit "chaplain", substitute "authorised celebrant".
8
Amendments Schedule 1
Amendment of the Sex Discrimination Act 1984 Part 2
No. , 2017
Marriage Amendment (Definition and Religious Freedoms) Bill 2017
17
Part 2--Amendment of the Sex Discrimination Act
1
1984
2
Sex Discrimination Act 1984
3
63 Subsection 40(2A)
4
Repeal the subsection, substitute:
5
(2A) A minister of religion (as defined in subsection 5(1) of the
6
Marriage Act 1961) may refuse to solemnise a marriage despite
7
anything in Division 1 or 2, as applying by reference to section 5A,
8
5B, 5C or 6, if any of the circumstances mentioned in
9
paragraph 47(3)(a), (b) or (c) of the Marriage Act 1961 apply.
10
(2AA) A religious marriage celebrant (as defined in subsection 5(1) of the
11
Marriage Act 1961) may refuse to solemnise a marriage despite
12
anything in Division 1 or 2, as applying by reference to section 5A,
13
5B, 5C or 6, if:
14
(a) the identification of the person as a religious marriage
15
celebrant on the register of marriage celebrants has not been
16
removed at the time the marriage is solemnised; and
17
(b) the circumstances mentioned in subsection 47A(1) of the
18
Marriage Act 1961 apply.
19
(2AB) A chaplain in the Defence Force may refuse to solemnise a
20
marriage despite anything in Division 1 or 2, as applying by
21
reference to section 5A, 5B, 5C or 6, if any of the circumstances
22
mentioned in paragraph 81(2)(a), (b) or (c) of the Marriage Act
23
1961 apply.
24
Note:
Paragraph 37(1)(d) also provides that nothing in Division 1 or 2
25
affects any act or practice of a body established for religious purposes
26
that conforms to the doctrines, tenets or beliefs of that religion or is
27
necessary to avoid injury to the religious susceptibilities of adherents
28
of that religion.
29
Schedule 1 Amendments
Part 3 Amendments if Schedule 9 to the Civil Law and Justice Legislation Amendment
Act 2017 not yet commenced
18
Marriage Amendment (Definition and Religious Freedoms) Bill 2017
No. , 2017
Part 3--Amendments if Schedule 9 to the Civil Law
1
and Justice Legislation Amendment Act
2
2017 not yet commenced
3
Marriage Act 1961
4
64 Paragraph 115(2)(b)
5
Repeal the paragraph, substitute:
6
(b) in respect of each other person:
7
(i) the person's full name, designation (if any) and address
8
and
9
(ii) whether the person is identified as a religious marriage
10
celebrant on the register of marriage celebrants; and
11
(iii) where appropriate, the religious body or religious
12
organisation to which the person belongs.
13
65 The Schedule (table item 1 of Part III)
14
Omit "by a husband and wife jointly", substitute "by 2 people jointly".
15
Amendments Schedule 1
Amendments once Schedule 9 to the Civil Law and Justice Legislation Amendment Act
2017 commences Part 4
No. , 2017
Marriage Amendment (Definition and Religious Freedoms) Bill 2017
19
Part 4--Amendments once Schedule 9 to the Civil
1
Law and Justice Legislation Amendment Act
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2017 commences
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Marriage Act 1961
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66 After paragraph 115(1)(ab)
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Insert:
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(ac) a list of the persons who are religious marriage celebrants;
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and
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67 Subsection 115(2) (after table item 3)
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Insert:
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3A
paragraph (1)(ac)
the information required to be
entered in the register of marriage
celebrants for the purposes of
subsection 39D(5); and
where appropriate, the religious
body or religious organisation to
which the person belongs.
68 Subsection 115(3)
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Omit "paragraph (1)(a), (aa) or (ab)", substitute "paragraph (1)(a), (aa),
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(ab) or (ac)".
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Schedule 1 Amendments
Part 5 Application and transitional provisions
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Marriage Amendment (Definition and Religious Freedoms) Bill 2017
No. , 2017
Part 5--Application and transitional provisions
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69 Definitions
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In this Part:
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amended Act means the Marriage Act 1961, as amended by this Act.
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70 Application of amendments
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(1)
Except as provided by subitem (2), the amendments made by this
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Schedule only apply in relation to a marriage (within the meaning of the
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amended Act) that takes place at or after the commencement of this
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item.
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(2)
Part VA of the amended Act (recognition of foreign marriages) applies
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at and after that commencement in relation to a marriage (within the
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meaning of the amended Act), even if the marriage took place before
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that commencement.
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(3)
For the purposes of determining whether parties to a marriage are
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within a prohibited relationship as mentioned in paragraph 88D(2)(c) of
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the amended Act (as it applies because of subitem (2)),
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paragraph 23B(2)(b) of the amended Act applies.
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71 Recognition of certain marriages by foreign diplomatic or
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consular officers that occurred in Australia before
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commencement
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(1)
A marriage is recognised as valid in Australia if:
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(a) the marriage was solemnised in Australia, before the
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commencement of this item, by or in the presence of a
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diplomatic or consular officer of an overseas country
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(whether or not the country was a proclaimed overseas
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country at the time the marriage was solemnised); and
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(b) at the time the marriage was solemnised:
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(i) the marriage was not recognised in Australia as valid
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because the marriage was not the union of a man and a
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woman; and
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(ii) the marriage was recognised as valid under the law of
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the overseas country; and
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Amendments Schedule 1
Application and transitional provisions Part 5
No. , 2017
Marriage Amendment (Definition and Religious Freedoms) Bill 2017
21
(c) had the marriage occurred in the overseas country at the time
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the marriage was solemnised, the marriage would, after
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items 57 and 58 of this Schedule commence, be recognised as
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valid under Part VA of the Marriage Act 1961.
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(2)
In this item:
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Australia includes the external Territories.
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diplomatic or consular officer has the meaning given by section 52 of
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the Marriage Act 1961.
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overseas country has the same meaning as in Division 3 of Part IV of
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the Marriage Act 1961.
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proclaimed overseas country has the meaning given by section 52 of
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the Marriage Act 1961.
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