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This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Freedom to Marry Bill 2016
No. , 2016
(Senator Leyonhjelm)
A Bill for an Act to amend the Marriage Act 1961 to
reduce government intervention in marriage, and
for related purposes
No. , 2016
Freedom to Marry Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Objects ............................................................................................... 2
4
Schedules ........................................................................................... 2
Schedule 1--Amendments
4
Marriage Act 1961
4
Schedule 2--Consequential amendments
7
Part 1--Amendment of the Sex Discrimination Act 1984
7
Sex Discrimination Act 1984
7
Part 2--Other consequential amendments
8
No. , 2016
Freedom to Marry Bill 2016
1
A Bill for an Act to amend the Marriage Act 1961 to
1
reduce government intervention in marriage, and
2
for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Freedom to Marry Act 2016.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
Schedule 1 Amendments
2
Freedom to Marry Bill 2016
No. , 2016
1
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 after this Act receives the Royal
Assent.
2. Schedule 1
The 14th day after this Act receives the
Royal Assent.
3. Schedule 2,
Part 1
The 14th day after this Act receives the
Royal Assent.
4. Schedule 2,
Part 2
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Objects
8
The objects of this Act are:
9
(a) to ensure the Marriage Act 1961 allows all Australians the
10
freedom to marry regardless of sex, sexual orientation, and
11
gender identity; and
12
(b) to facilitate less government intervention in private and
13
family life; and
14
(c) to promote freedom of choice and conscience for individual
15
Australians.
16
4 Schedules
17
Legislation that is specified in a Schedule to this Act is amended or
18
repealed as set out in the applicable items in the Schedule
19
Amendments Schedule 1
No. , 2016
Freedom to Marry Bill 2016
3
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Schedule 1 Amendments
4
Freedom to Marry Bill 2016
No. , 2016
Schedule 1--Amendments
1
2
Marriage Act 1961
3
1 Subsection 5(1) (definition of marriage)
4
Repeal the definition, substitute:
5
marriage means the union of 2 people, to the exclusion of all
6
others, voluntarily entered into for life.
7
2 Paragraphs 23(2)(b) and 23B(2)(b)
8
Omit "a brother and a sister", substitute "siblings".
9
3 At the end of section 39
10
Add:
11
(4) A person who is authorised by subsection (1) or under
12
subsection (2) to solemnise marriages must not refuse to solemnise
13
a marriage unless section 100 of this Act applies.
14
4 Subsection 45(2)
15
After "or husband", insert ", or partner, or spouse".
16
5 Subsection 46(1)
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Omit "a man and a woman", substitute "2 people".
18
6 Section 47 (heading)
19
Repeal the heading, substitute:
20
47 Authorised celebrants (other than certain State and Territory
21
officers) not bound to solemnise marriage etc.
22
7 Section 47
23
Omit "Nothing", substitute "Subject to subsection 39(4), nothing".
24
8 Paragraph 47(a)
25
Amendments Schedule 1
No. , 2016
Freedom to Marry Bill 2016
5
Omit ", being a minister of religion,".
1
9 Application of amendments
--ministers of religion
2
To avoid doubt, the amendments made by this Schedule do not require
3
ministers of religion to solemnise marriages.
4
10 Subsection 72(2)
5
After "or husband", insert ", or partner, or spouse".
6
11 Section 88EA
7
Repeal the section.
8
12 Part VIII (heading)
9
Repeal the heading, substitute:
10
Part VIII--Application and transitional provisions
11
Division 1--Commencement of this Act
12
13 At the end of Part VIII
13
Add:
14
Division 2--Amendment of the definition of marriage
15
110 Application of amendments relating to the definition of marriage
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(1) The amendments of this Act made by Schedule 1 to the Freedom to
17
Marry Act 2016 apply in relation to marriages that take place at or
18
after the commencement of that Schedule.
19
(2) The marriage definition amendments apply after that
20
commencement, in relation to marriages that took place before that
21
commencement, for the purposes of the following provisions:
22
(a) Division 3 of Part IV (marriages by foreign diplomatic or
23
consular officers);
24
(b) Part VA (recognition of foreign marriages);
25
(c) this subsection;
26
Schedule 1 Amendments
6
Freedom to Marry Bill 2016
No. , 2016
(d) any other provision of this Act, in so far as the provision
1
applies in relation to a marriage that is recognised as valid
2
because of paragraph (a) or (b) of this subsection.
3
(3) The marriage definition amendments are the amendments of the
4
following provisions of this Act made by Schedule 1 to the
5
Marriage Legislation Amendment Act 2015:
6
(a) the definition of marriage in subsection 5(1);
7
(b) paragraph 23(2)(b);
8
(c) paragraph 23B(2)(b).
9
14 Part III of the Schedule (table item 1)
10
Omit "a husband and wife", substitute "2 people".
11
Consequential amendments Schedule 2
Amendment of the Sex Discrimination Act 1984 Part 1
No. , 2016
Freedom to Marry Bill 2016
7
Schedule 2--Consequential amendments
1
Part 1--Amendment of the Sex Discrimination Act
2
1984
3
Sex Discrimination Act 1984
4
1 After section 38
5
Insert:
6
38A Marriage
7
Nothing in Division 1 or 2 renders it unlawful for a person to
8
discriminate against another person on the ground of the other
9
person's sexual orientation, gender identity, intersex status, marital
10
or relationship status in the course of providing, or offering to
11
provide, goods, services or facilities in connection with the
12
solemnisation of a marriage under the Marriage Act 1961.
13
2 Subsection 40(2A)
14
Repeal the subsection.
15
Schedule 2 Consequential amendments
Part 2 Other consequential amendments
8
Freedom to Marry Bill 2016
No. , 2016
Part 2--Other consequential amendments
1
3 Regulations may make consequential amendments of Acts
2
The Governor-General may, during the period of 12 months starting on
3
the commencement of this item, make regulations amending Acts
4
(including the Marriage Act 1961 and the Sex Discrimination Act 1984)
5
being amendments that are of a transitional nature (including
6
prescribing any saving or application provisions).
7