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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Freedom to Marry Bill 2014
No. , 2014
(Senator Leyonhjelm)
A Bill for an Act to amend the Marriage Act 1961 to
reduce government intervention in marriage, and
for related purposes
No. , 2014
Freedom to Marry Bill 2014
i
Contents
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Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Objects ............................................................................................... 1
4
Schedule(s) ........................................................................................ 2
Schedule 1--Marriage Act 1961
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No. , 2014
Freedom to Marry Bill 2014
1
A Bill for an Act to amend the Marriage Act 1961 to
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reduce government intervention in marriage, and
2
for related purposes
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The Parliament of Australia enacts:
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1 Short title
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This Act may be cited as the Freedom to Marry Act 2014.
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2 Commencement
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This Act commences on the day after this Act receives the Royal
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Assent.
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3 Objects
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The objects of this Act are:
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2
Freedom to Marry Bill 2014
No. , 2014
(a) to ensure the Marriage Act 1961 allows all Australians the
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freedom to marry regardless of sex, sexual orientation, and
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gender identity; and
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(b) to facilitate less government intervention in private and
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family life; and
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(c) to promote freedom of choice and conscience for individual
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Australians.
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4 Schedule(s)
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Each Act that is specified in a Schedule to this Act is amended or
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repealed as set out in the applicable items in the Schedule
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concerned, and any other item in a Schedule to this Act has effect
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according to its terms.
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Marriage Act 1961 Schedule 1
No. , 2014
Freedom to Marry Bill 2014
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Schedule 1
--Marriage Act 1961
1
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1 Subsection 5(1) (definition of marriage)
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Repeal the definition, substitute:
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marriage means the union of 2 people, to the exclusion of all
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others, voluntarily entered into for life.
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2 Paragraphs 23(2)(b) and 23B(2)(b)
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Omit "a brother and a sister", substitute "siblings".
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3 At the end of section 39
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Add:
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(4) A person who is authorised by subsection (1) or under
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subsection (2) to solemnise marriages must not refuse to solemnise
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a marriage in accordance with this Act for any reason other than
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that the marriage would not be a lawful marriage.
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4 Subsection 45(2)
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After "or husband", insert ", or partner, or spouse".
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5 Subsection 46(1)
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Omit "a man and a woman", substitute "2 people".
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6 Section 47 (heading)
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Repeal the heading, substitute:
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47 Authorised celebrants (other than certain State and Territory
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officers) not bound to solemnise marriage etc.
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7 Section 47
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Omit "Nothing", substitute "Subject to subsection 39(4), nothing".
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8 Paragraph 47(a)
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Omit ", being a minister of religion,".
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Schedule 1 Marriage Act 1961
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Freedom to Marry Bill 2014
No. , 2014
9 Application of amendments
--ministers of religion
1
To avoid doubt, the amendments made by this Schedule do not require
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ministers of religion to solemnise marriages.
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10 At the end of section 71
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Add:
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(3) If a chaplain refuses to solemnise a marriage because the marriage
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is not the marriage of a man and a woman, the chaplain must, if
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possible, substitute another chaplain who is willing to solemnise
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the marriage.
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11 Subsection 72(2)
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After "or husband", insert ", or partner, or spouse".
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12 Section 88EA
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Repeal the section.
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13 Part III of the Schedule (table item 1)
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Omit "a husband and wife", substitute "2 people".
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14 Regulations may make consequential amendments of
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Acts
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(1)
The Governor-General may make regulations amending Acts (other
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than the Marriage Act 1961) being amendments that are consequential
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on, or that otherwise relate to, the enactment of this Act.
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(2)
For the purposes of the Acts Publication Act 1905, amendments made
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by regulations for the purposes of this item are to be treated as if they
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had been made by an Act.
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Note:
Subitem (2) ensures that amendments can be incorporated into reprints of Acts.
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