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2013-2014-2015
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
MARRIAGE EQUALITY PLEBISCITE BILL 2015
EXPLANATORY MEMORANDUM
(Circulated by authority of Senators Rice, Lazarus, Leyonhjelm, Lambie, Muir and
Xenophon)
MARRIAGE EQUALITY PLEBISCITE BILL 2015
OUTLINE
The intention of the Marriage Equality Plebiscite Bill 2015 is to require a national plebiscite on the
issue of same-sex marriage be conducted at the next general election.
The plebiscite will enable electors to indicate their views regarding the important issue of marriage.
This Bill proposes the question "Do you support Australia allowing marriage between 2 people
regardless of their gender?". By enacting this legislation, Members of Parliament are able to
determine the question and timeframe for the plebiscite.
If the result of the plebiscite affirms support for marriage between two people regardless of their
gender, the Bill affirms it is the intention of the Parliament that this change is legislated within six
months of this result being determined.
NOTES ON CLAUSES
Part 1
Clause 1: Short Title
1. Clause 1 is a formal provision specifying the short title of the Bill once enacted.
Clause 2: Commencement
2. Provides for the commencement of the Bill, to occur on the day after the Act receives Royal
Assent.
Clause 3: Object of Act
3. Provides the object of the Bill.
The overall aim of the Bill is to require a national plebiscite be conducted at the next general
election on the question of marriage; specifically, whether two people should be able to
marry regardless of their gender.
Clause 4: Definitions
4. Provides definitions of terms used within the Bill.
Part 2
Clause 5: National plebiscite to be held
5. Provides that the Minister must cause the question in clause 6 be submitted to electors
at a national plebiscite at the next general election.
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Clause 6: Question to be submitted to electors
6. Provides the question that is to be submitted to electors. The question seeks to
establish public opinion for the proposition that marriage be open to two people, regardless of
gender, and removing current discrimination on this basis that currently exists in the
Marriage Act 1961.
Clause 7: Results of plebiscite
7. Subclause 7(1) provides for the process for notifying the Minister of the result of the
plebiscite.
8. Subclause 7(2) provides for the process by which the Minister must formally notify
the Houses of Parliament of the result of the plebiscite.
Part 3
Clause 8: Application of Referendum (Machinery Provisions) Act 1984
9. Subclause 8(1) provides that the plebiscite must be submitted in accordance with the
provisions of the Referendum (Machinery Provisions) Act 1984.
10. Subclause 8(2) provides that specifically, subsection 11(4) of the Referendum
(Machinery Provisions) Act 1984 will apply to the expenditure for presentation of the „yes‟
and „no‟ cases of the plebiscite in the same manner as if the plebiscite were a referendum.
This subsection specifically limits how funding with respect to this plebiscite can be
expended, stipulating that the Commonwealth can only put forward arguments made by
members of Parliament, and that it cannot spend money advocating a yes or no vote
otherwise.
Clause 9: Regulations
11. Subclause 9(a-b) provides the Governor-General with powers with regard to making
regulations in relation to this Act.
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Marriage Equality Plebiscite Bill 2015
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Bill
The purpose of this Bill is to require that a national plebiscite be conducted on the issue of
same-sex marriage at the next general election.
Human rights implications
This Bill is not detrimental to any applicable rights or freedoms.
The bill positively engages with the following rights and freedoms:
ICCPR - Article 25
This Bill positively engages with the right of citizens to directly take part in the conduct of
public affairs, and to vote at genuine periodic elections with universal and equal suffrage by
secret ballot.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
Senator Rice, Lazarus, Leyonhjelm, Lambie, Muir and Xenophon
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