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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Sex Discrimination and Marriage
Legislation Amendment (Protecting
Supporters of Traditional Marriage) Bill
2018
No. , 2018
(Senator Anning)
A Bill for an Act to amend the law relating to sex
discrimination and marriage, and for related
purposes
No. , 2018
Sex Discrimination and Marriage Legislation Amendment (Protecting
Supporters of Traditional Marriage) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Main amendments
3
Marriage Act 1961
3
Part 2--Amendment of the Sex Discrimination Act 1984
4
Sex Discrimination Act 1984
4
Part 3--Other consequential amendments
6
No. , 2018
Sex Discrimination and Marriage Legislation Amendment (Protecting
Supporters of Traditional Marriage) Bill 2018
1
A Bill for an Act to amend the law relating to sex
1
discrimination and marriage, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Sex Discrimination and Marriage Legislation
6
Amendment (Protecting Supporters of Traditional Marriage) Act
7
2018.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Sex Discrimination and Marriage Legislation Amendment (Protecting
Supporters of Traditional Marriage) Bill 2018
No. , 2018
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
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
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments Schedule 1
Main amendments Part 1
No. , 2018
Sex Discrimination and Marriage Legislation Amendment (Protecting
Supporters of Traditional Marriage) Bill 2018
3
Schedule 1--Amendments
1
Part 1--Main amendments
2
Marriage Act 1961
3
1 At the end of section 39
4
Add:
5
(5) A person who is authorised by subsection (1) or under
6
subsection (2) to solemnise marriages may refuse to solemnise a
7
marriage as their conscience and beliefs dictate.
8
2 Paragraph 39DA(b)
9
Repeal the paragraph, substitute:
10
(b) the person:
11
(i) is a minister of religion; or
12
(ii) wishes to be identified as a religious marriage celebrant
13
on the register because of the person's religious beliefs.
14
3 Before section 47A
15
Insert:
16
47AA Authorised celebrants not bound to solemnise marriages etc.
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Nothing in this Part:
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(a) imposes an obligation on an authorised celebrant to
19
solemnise any marriage, or
20
(b) prevents such an authorised celebrant from making it a
21
condition of his or her solemnising a marriage that:
22
(i) longer notice of intention to marry than that required by
23
this Act is given; or
24
(ii) requirements additional to those provided by this Act
25
are observed.
26
Schedule 1 Amendments
Part 2 Amendment of the Sex Discrimination Act 1984
4
Sex Discrimination and Marriage Legislation Amendment (Protecting
Supporters of Traditional Marriage) Bill 2018
No. , 2018
4 Section 47A (heading)
1
Omit "Religious marriage celebrants", substitute "Authorised
2
celebrants".
3
5 Subsection 47A(1)
4
Omit "A religious marriage celebrant", substitute "An authorised
5
celebrant (including a religious marriage celebrant)".
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6 Subsection 47A(2)
7
Omit "a religious marriage celebrant", substitute "an authorised
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celebrant (including a religious marriage celebrant)".
9
7 Subsection 81(2)
10
Omit "A chaplain", substitute "An authorised celebrant (including a
11
chaplain)".
12
8 Paragraphs 81(2)(a) and (c)
13
Omit "the chaplain's", substitute "the authorised celebrant's".
14
9 Paragraph 81(2)(c)
15
Omit "the chaplain", substitute "the authorised celebrant".
16
Part 2--Amendment of the Sex Discrimination Act
17
1984
18
Sex Discrimination Act 1984
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10 After section 38
20
Insert:
21
38A Marriage
22
(1) Nothing in Division 1 or 2 renders it unlawful for a person to
23
discriminate against another person on the ground of the other
24
person's sexual orientation, gender identity, intersex status, marital
25
or relationship status in the course of providing, or offering to
26
provide, goods, services or facilities for, or in connection with:
27
Amendments Schedule 1
Amendment of the Sex Discrimination Act 1984 Part 2
No. , 2018
Sex Discrimination and Marriage Legislation Amendment (Protecting
Supporters of Traditional Marriage) Bill 2018
5
(a) the solemnisation of a marriage under the Marriage Act
1
1961; or
2
(b) the preparation for, or celebration of, such a marriage; or
3
(c) the preparation for, or celebration of, events associated with
4
such a marriage, including:
5
(i) an event announcing or celebrating the engagement of
6
the parties to be married; and
7
(ii) an event celebrating the anniversary of the marriage.
8
(2) Nothing in Division 1 or 2, or any other law, renders it unlawful
9
for a person or an entity to hold or express religious or
10
conscientious beliefs regarding the definition of marriage, or an
11
opinion consistent with those beliefs.
12
11 Subsection 40(2A)
13
Omit ", if any of the circumstances mentioned in paragraph 47(3)(a), (b)
14
or (c) of the Marriage Act 1961 apply".
15
12 Subsection 40(2AA)
16
Repeal the subsection, substitute:
17
(2AA) An authorised celebrant (including a religious marriage celebrant)
18
(as defined in subsection 5(1) of the Marriage Act 1961) may
19
refuse to solemnise a marriage despite anything in Division 1 or 2,
20
as applying by reference to section 5A, 5B, 5C or 6.
21
13 Subsection 40(2AB)
22
Omit "A chaplain", substitute "An authorised celebrant (including a
23
chaplain)".
24
14 Subsection 40(2AB)
25
Omit ", if any of the circumstances mentioned in paragraph 81(2)(a), (b)
26
or (c) of the Marriage Act 1961 apply".
27
Schedule 1 Amendments
Part 3 Other consequential amendments
6
Sex Discrimination and Marriage Legislation Amendment (Protecting
Supporters of Traditional Marriage) Bill 2018
No. , 2018
Part 3--Other consequential amendments
1
15 Regulations may make consequential amendments of
2
Acts
3
The Governor-General may, during the period of 12 months starting on
4
the commencement of this item, make regulations amending Acts
5
(including the Marriage Act 1961 and the Sex Discrimination Act 1984)
6
being amendments that are of a transitional nature (including
7
prescribing any saving or application provisions).
8