2017

The Parliament of the
Commonwealth of AustraliaSim

HOUSE OF REPRESENTATIVES




Marriage (Gender Equality) Amendment
Bill 2017


A Bill for an Act to amend the Marriage Act 1961,
and for related purposes




                        Marriage (Gender Equality) Amendment Bill 2017   1
1 Short Title

       This Act may be cited as the Marriage (Gender Equality) Amendment Act 2017.

2 Commencement

       This Act commences on the day this Act receives the Royal Assent.

3 Objects

       The objects of this Act are to:
   (a) Remove discrimination from the Marriage Act 1961 based upon the sexual orientation
       and gender of those willing to possess a marriage licence.
   (b) Permit marriage to any willing participants regardless of their sexual orientation and
       chosen gender identity.

Schedule 1 – Amendment of the Marriage Act 1961

1 Section 5(1) (definition of marriage)

   (a) Omit “a man and a woman”, substitute “two people”.

2 Section 23(2)(b)

   (a) Omit “a brother and a sister”, substitute “siblings”.

3 Section 23B(2)(b)

   (a) Omit “a brother and a sister”, substitute “siblings”.

4 Section 46(1)

   (a) Omit “a man and a woman”, substitute “two people”.




                                          Marriage (Gender Equality) Amendment Bill 2017   2
5 After Section 47

   (a) Insert:
       47A People not bound to host solemnising of marriage, etc.
       (1) A marriage celebrant is any person appointed by the Attorney-General that can
           legally perform marriages under the Marriage Act 1961.
       (2) A religious institution is an entity that has been registered as an entity under the
           definition set out in Item 1.3 in Section 25.5 of the Australian Charities and Not-
           for-profits Commission Act 2012.
       (3) Nothing in this part imposes and obligation on anyone defined by 47A(1) or
           47A(2), to host or enable the solemnising of any marriage.

6 Section 88EA

   (a) Repeal the Section

7 Schedule Part III (table item 1)

   (a) Omit “a husband and wife”, substitute “two people”




                                         Marriage (Gender Equality) Amendment Bill 2017           3