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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
Marriage
Legislation Amendment Bill 2004
No. ,
2004
(Attorney-General)
A
Bill for an Act to amend the Marriage Act 1961 and the Family Law Act
1975, and for related purposes
Contents
A Bill for an Act to amend the Marriage Act 1961
and the Family Law Act 1975, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Marriage Legislation Amendment Act
2004.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column 2 of the
table. Any other statement in column 2 has effect according to its
terms.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent. |
|
|
2. Schedule 1 |
The day after this Act receives the Royal Assent. |
|
|
3. Schedule 2 |
The 28th day after the day on which this Act receives the Royal
Assent. |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part
of this Act. Information in this column may be added to or edited in any
published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Subsection 5(1)
Insert:
marriage means the union of a man and a woman to the
exclusion of all others, voluntarily entered into for life.
2 At the end of
section 88B
Add:
(4) To avoid doubt, in this Part (including section 88E)
marriage has the meaning given by subsection 5(1).
3 After section 88E
Insert:
A union solemnised in a foreign country between:
(a) a man and another man; or
(b) a woman and another woman;
must not be recognised as a marriage in Australia.
1 After subsection 111C(4)
Insert:
(4A) However, regulations made for the purposes of this section must not
facilitate, or provide for, the adoption of a child by 2 persons of the same sex
who live together as a couple.
2 At the end of Division 3 of
Part XIIIAA
Add:
A person (including an officer of a State or Territory) must not, for the
purposes of:
(a) the Convention on Protection of Children and Cooperation in Respect of
Intercountry Adoption signed at The Hague on 29 May 1993; or
(b) a bilateral agreement or arrangement on the adoption of children made
between a State or Territory and an overseas jurisdiction;
facilitate, or provide for, the adoption of a child by 2 persons of the
same sex who live together as a couple.