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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Same
Sex Relationships (Ensuring Equality) Bill 2004
(Mr
Organ)
A Bill for an Act to ensure people
in same sex relationships receive the same rights as people in heterosexual
relationships in all areas of the law, and for related
purposes
Contents
A Bill for an Act to ensure people in same sex
relationships receive the same rights as people in heterosexual relationships in
all areas of the law, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Same Sex Relationships (Ensuring Equality)
Act 2004.
This Act commences on the day on which it receives Royal Assent.
The object of this Act is to eliminate all forms of discrimination on the
basis of sexuality.
(1) This Act applies to all external Territories.
(2) This Act binds the Crown in all of its capacities.
(3) This Act is intended to override any law of the Commonwealth that is in
conflict with this Act.
(4) This Act excludes or limits the concurrent operation of any law of a
State or a Territory in accordance with section 109 of the Australian
Constitution.
Note section 109 of the Australian Constitution states:
“When a law of a State is inconsistent with a law of the Commonwealth, the
latter shall prevail, and the former shall, to the extent of the inconsistency,
be invalid.”
(1) It is unlawful for a person to do any act involving a distinction,
exclusion, restriction or preference based on a person’s sexuality which
has the purpose or effect of nullifying or impairing the enjoyment or exercise,
of the person’s public or private life.
(2) To avoid doubt this Act makes any distinction, exclusion, restriction
or preference based on a person’s sexuality as it relates to;
(a) Marriage;
(b) Adoption;
(c) Superannuation;
(d) Employment Entitlements;
(e) Access to reproductive or health services;
(f) The lawful age of consent to sexual activity;
unlawful.
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