2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES

Presented and read a first time

Marriage Amendment (Definition and
Religious Freedoms) Bill 2017
No.

, 2017

A Bill for an Act to amend the law relating to the
definition of marriage and protect religious
freedoms, and for related purposes

 Contents
1
2
3

Short title ........................................................................................... 1
Commencement ................................................................................. 1
Schedules........................................................................................... 3

Schedule 1—Amendments
Part 1—Main amendments
Marriage Act 1961

Part 2—Amendment of the Sex Discrimination Act 1984
Sex Discrimination Act 1984

Part 3—Amendments if Schedule 9 to the Civil Law and
Justice Legislation Amendment Act 2017 not yet
commenced
Marriage Act 1961

Part 4—Amendments once Schedule 9 to the Civil Law and
Justice Legislation Amendment Act 2017 commences
Marriage Act 1961

Part 5—Application and transitional provisions

No.

, 2017

Marriage Amendment (Definition and Religious Freedoms) Bill 2017

4
4
4
17
17

18
18

19
19
20

i

 3

A Bill for an Act to amend the law relating to the
definition of marriage and protect religious
freedoms, and for related purposes

4

The Parliament of Australia enacts:

5

1 Short title

1
2

This Act is the Marriage Amendment (Definition and Religious
Freedoms) Act 2017.

6
7

8

2 Commencement
(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.

9
10
11
12
13

No.

, 2017

Marriage Amendment (Definition and Religious Freedoms) Bill 2017

1

 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,
Parts 1 and 2

A single day to be fixed by Proclamation.

3. Schedule 1,
Part 3

At the same time as the provisions covered
by table item 2.

However, if the provisions do not commence
within the period of 28 days beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.

However, if Schedule 9 to the Civil Law and
Justice Legislation Amendment Act 2017
commences at or before that time, the
provisions covered by this table item do not
commence at all.
4. Schedule 1,
Part 4

The later of:
(a) the commencement of the provisions
covered by table item 2; and
(b) immediately after the commencement of
Schedule 9 to the Civil Law and Justice
Legislation Amendment Act 2017.
However, if Schedule 9 to the Civil Law and
Justice Legislation Amendment Act 2017
does not commence, the provisions covered
by this table item do not commence at all.

5. Schedule 1,
Part 5
Note:

1
2
3

At the same time as the provisions covered
by table item 2.
This table relates only to the provisions of this Act as originally
enacted. It will not be amended to deal with any later amendments of
this Act.

(2) Any information in column 3 of the table is not part of this Act.
Information may be inserted in this column, or information in it
may be edited, in any published version of this Act.

4
5
6

2

Marriage Amendment (Definition and Religious Freedoms) Bill 2017

No.

, 2017

 1

3 Schedules
Legislation 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.

2
3
4
5

No.

, 2017

Marriage Amendment (Definition and Religious Freedoms) Bill 2017

3

 1

Schedule 1—Amendments

2

Part 1—Main amendments

3

Marriage Act 1961

4

1 After section 2

5

Insert:

6

2A Objects of this Act
It is an object of this Act to create a legal framework:
(a) to allow civil celebrants to solemnise marriage, understood as
the union of 2 people to the exclusion of all others,
voluntarily entered into for life; and
(b) to allow ministers of religion to solemnise marriage,
respecting the doctrines, tenets and beliefs of their religion,
the views of their religious community or their own religious
beliefs; and
(c) to allow equal access to marriage while protecting religious
freedom in relation to marriage.

7
8
9
10
11
12
13
14
15
16
17

2 Subsection 5(1) (definition of authorised celebrant)
Repeal the definition, substitute:

18

authorised celebrant means:
(a) in relation to a marriage proposed to be solemnised in
Australia:
(i) a minister of religion registered under Subdivision A of
Division 1 of Part IV; or
(ii) a person authorised to solemnise marriages under
Subdivision B of Division 1 of Part IV; or
(iii) a marriage celebrant; or
(iv) a religious marriage celebrant; or
(b) in relation to a marriage proposed to be solemnised in
accordance with Division 3 of Part V:
(i) a chaplain; or

19
20
21
22
23
24
25
26
27
28
29
30

4

Marriage Amendment (Definition and Religious Freedoms) Bill 2017

No.

, 2017

 (ii) an officer (within the meaning of the Defence Act 1903),
other than a chaplain, authorised by the Chief of the
Defence Force under section 71A to solemnise
marriages under that Division.

1
2
3
4
5

3 Subsection 5(1) (definition of marriage)

6

Omit “a man and a woman”, substitute “2 people”.

7

4 Subsection 5(1) (paragraph (c) of the definition of
prescribed authority)

8

Omit “a chaplain”, substitute “a chaplain or an officer (within the
meaning of the Defence Act 1903), other than a chaplain, authorised by
the Chief of the Defence Force under section 71A to solemnise
marriages under that Division”.

9
10
11
12
13

5 Subsection 5(1)

14

Insert:
religious marriage celebrant means a person identified as a
religious marriage celebrant on the register of marriage celebrants
under Subdivision D of Division 1 of Part IV.

15
16
17
18

6 Paragraph 21(2)(b)
Omit “the chaplain”, substitute “the authorised celebrant”.

19
20

7 Paragraph 23B(2)(b)
Omit “a brother and a sister”, substitute “2 siblings”.

21
22

8 After section 39D
Insert:

23
24

Subdivision D—Religious marriage celebrants

25

39DA Entitlement to be identified as a religious marriage celebrant
on the register of marriage celebrants

26

A person is entitled to be identified as a religious marriage
celebrant on the register of marriage celebrants if:
(a) the person is registered as a marriage celebrant under
Subdivision C of this Division; and

27
28
29
30

No.

, 2017

Marriage Amendment (Definition and Religious Freedoms) Bill 2017

5

 (b) the person is a minister of religion.

1

2
3

39DB Request to be identified as a religious marriage celebrant on
the register of marriage celebrants
(1) A person may, in writing, give the Registrar of Marriage
Celebrants notice that the person wishes to be identified as a
religious marriage celebrant on the register of marriage celebrants.

4
5
6

(2) The notice must be in a form approved by the Registrar, and
include all of the information required by the form.

7
8

9

39DC Identification as a religious marriage celebrant
The Registrar of Marriage Celebrants must identify a person as a
religious marriage celebrant on the register of marriage celebrants
if:
(a) the person has given the Registrar notice in accordance with
section 39DB that the person wishes to be identified as a
religious marriage celebrant on the register; and
(b) the person is entitled to be identified as a religious marriage
celebrant on the register.

10
11
12
13
14
15
16
17

18

39DD Transitional provisions for existing marriage celebrants
Marriage celebrants who are ministers of religion, but not
ministers of religion of a recognised denomination

19
20

(1) The Registrar of Marriage Celebrants must identify a person as a
religious marriage celebrant on the register of marriage celebrants
if:
(a) the person was registered as a marriage celebrant under
Subdivision C of this Division immediately before Part 1 of
Schedule 1 to the Marriage Amendment (Definition and
Religious Freedoms) Act 2017 commenced; and
(b) the person is a minister of religion.

21
22
23
24
25
26
27
28

6

Marriage Amendment (Definition and Religious Freedoms) Bill 2017

No.

, 2017

 Marriage celebrants who wish to be religious marriage celebrants
on the basis of their religious beliefs

1
2

(2) The Registrar of Marriage Celebrants must identify a person as a
religious marriage celebrant on the register of marriage celebrants
if:
(a) the person was registered as a marriage celebrant under
Subdivision C of this Division immediately before Part 1 of
Schedule 1 to the Marriage Amendment (Definition and
Religious Freedoms) Act 2017 commenced; and
(b) the person gives the Registrar notice that the person wishes to
be identified as a religious marriage celebrant on the register:
(i) in writing; and
(ii) in a form approved by the Registrar; and
(iii) within 90 days after Part 1 of Schedule 1 to the
Marriage Amendment (Definition and Religious
Freedoms) Act 2017 commences; and
(c) the choice is based on the person’s religious beliefs.

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17

18
19

39DE Process of identification on the register as a religious marriage
celebrant
(1) The Registrar identifies a person as a religious marriage celebrant
on the register of marriage celebrants by annotating the register to
include that detail.

20
21
22

(2) If the Registrar identifies a person as a religious marriage celebrant
on the register of marriage celebrants, the Registrar must, as soon
as practicable, give the person written notice of that fact.

23
24
25

(3) If the Registrar decides not to identify a person as a religious
marriage celebrant on the register of marriage celebrants, the
Registrar must, as soon as practicable, inform the person in writing
of:
(a) the decision; and
(b) the reasons for it; and
(c) the person’s right under section 39J to apply for a review of
the decision.

26
27
28
29
30
31
32
33

No.

, 2017

Marriage Amendment (Definition and Religious Freedoms) Bill 2017

7

 2

Subdivision E—General provisions relating to all marriage
celebrants

3

9 After paragraph 39G(1)(c)

1

Insert:
; and (d) disclose that the celebrant is a marriage celebrant, and
whether or not the celebrant is a religious marriage celebrant,
in any document relating to the performance of services as a
marriage celebrant (including advertisements) by the
celebrant.

4
5
6
7
8
9
10

10 After paragraph 39I(1)(a)
Insert:
(aa) is satisfied that the marriage celebrant is no longer entitled to
be identified as a religious marriage celebrant on the register
of marriage celebrants; or

11
12
13
14
15

11 At the end of subsection 39I(1)
Add:
; or (f) is satisfied that the marriage celebrant’s notice under
section 39DB or paragraph 39DD(2)(b) (notice requesting to
be identified as a religious marriage celebrant) was known by
the marriage celebrant to be false or misleading in a material
particular.

16
17
18
19
20
21
22

12 After paragraph 39I(2)(d)
Insert:
; or (e) if the marriage celebrant is identified as a religious marriage
celebrant on the register of marriage celebrants:
(i) remove the identification of the marriage celebrant as a
religious marriage celebrant from the register for a
period (the suspension period) of up to 6 months by
annotating the register of marriage celebrants to include
a statement that the celebrant is not identified as a
religious marriage celebrant, and the dates of the start
and end of the suspension period; or
(ii) remove the identification of the marriage celebrant as a
religious marriage celebrant permanently from the
register.

23
24
25
26
27
28
29
30
31
32
33
34
35

8

Marriage Amendment (Definition and Religious Freedoms) Bill 2017

No.

, 2017

 1

13 After subsection 39I(3)
Insert:

2

(3A) If the Registrar removes the identification of a marriage celebrant
as a religious marriage celebrant for any period under
paragraph (2)(e), section 47A does not apply in respect of the
celebrant during that period.

3
4
5
6
7

14 Subsection 39I(4)
After “disciplinary measures against a marriage celebrant”, insert
“(including a religious marriage celebrant)”.

8
9
10

15 At the end of subsection 39J(1)
Add:
; or (d) not to identify a person as a religious marriage celebrant on
the register of marriage celebrants; or
(e) to remove the identification of a person as a religious
marriage celebrant from the register of marriage celebrants,
either for a specified period or permanently.

11
12
13
14
15
16
17

16 After subsection 39J(2)
Insert:

18

(2A) For the purposes of both the making of an application under
subsection (1) and the operation of the Administrative Appeals
Tribunal Act 1975 in relation to such an application, if:
(a) a person has given notice under section 39DB or
paragraph 39DD(2)(b) (notice requesting to be identified as a
religious marriage celebrant); and
(b) at the end of 3 months after the day on which the notice was
given, the person has not been:
(i) identified as a religious marriage celebrant on the
register of marriage celebrants; or
(ii) notified by the Registrar that the Registrar has decided
not to identify the person as a religious marriage
celebrant on the register of marriage celebrants;
the Registrar is taken to have decided, on the last day of the 3
month period, not to identify that person as a religious marriage
celebrant on the register of marriage celebrants.

19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34

No.

, 2017

Marriage Amendment (Definition and Religious Freedoms) Bill 2017

9

 1

17 After paragraph 39M(c)
Insert:
or (d) a person was identified as a religious marriage celebrant on
the register of marriage celebrants; or
(e) a person was not identified as a religious marriage celebrant
on the register of marriage celebrants;

2
3
4
5
6
7

18 Subsection 45(2)
After “or husband”, insert “, or spouse”.

8
9

19 Subsection 46(1)
Omit “a man and a woman”, substitute “2 people”.

10
11

20 Section 47
Repeal the section, substitute:

12

13

47 Ministers of religion may refuse to solemnise marriages
Refusing to solemnise a marriage despite this Part

14

(1) A minister of religion may refuse to solemnise a marriage despite
anything in this Part.

15
16

(2) In particular, nothing in this Part prevents a minister of religion
from:
(a) making it a condition of solemnising a marriage that:
(i) notice of the intended marriage is given to the minister
earlier than this Act requires; or
(ii) additional requirements to those provided by this Act
are complied with; and
(b) refusing to solemnise the marriage if the condition is not
observed.

17
18
19
20
21
22
23
24
25

Refusing to solemnise a marriage on the basis of religious beliefs
etc.

26
27

(3) A minister of religion may refuse to solemnise a marriage despite
anything in this Part, if any of the following applies:

28
29

10

Marriage Amendment (Definition and Religious Freedoms) Bill 2017

No.

, 2017

 (a) the refusal conforms to the doctrines, tenets or beliefs of the
religion of the minister’s religious body or religious
organisation;
(b) the refusal is necessary to avoid injury to the religious
susceptibilities of adherents of that religion;
(c) the minister’s religious beliefs do not allow the minister to
solemnise the marriage.

1
2
3
4
5
6
7

Grounds for refusal not limited by this section

8

(4) This section does not limit the grounds on which a minister of
religion may refuse to solemnise a marriage.

9
10
11

21 Before section 48
Insert:

12

13
14

47A Religious marriage celebrants may refuse to solemnise
marriages
(1) A religious marriage celebrant may refuse to solemnise a marriage
despite anything in this Part, if the celebrant’s religious beliefs do
not allow the celebrant to solemnise the marriage.

15
16
17

Grounds for refusal not limited by this section

18

(2) This section does not limit the grounds on which a religious
marriage celebrant may refuse to solemnise a marriage.

19
20

21
22

47B Bodies established for religious purposes may refuse to make
facilities available or provide goods or services
(1) A body established for religious purposes may refuse to make a
facility available, or to provide goods or services, for the purposes
of the solemnisation of a marriage, or for purposes reasonably
incidental to the solemnisation of a marriage, if the refusal:
(a) conforms to the doctrines, tenets or beliefs of the religion of
the body; or
(b) is necessary to avoid injury to the religious susceptibilities of
adherents of that religion.

23
24
25
26
27
28
29
30

(2) Subsection (1) applies to facilities made available, and goods and
services provided, whether for payment or not.

31
32

No.

, 2017

Marriage Amendment (Definition and Religious Freedoms) Bill 2017

11

 (3) This section does not limit the grounds on which a body
established for religious purposes may refuse to make a facility
available, or to provide goods or services, for the purposes of the
solemnisation of a marriage, or for purposes reasonably incidental
to the solemnisation of a marriage.

1
2
3
4
5

(4) To avoid doubt, a reference to a body established for religious
purposes has the same meaning in this section as it has in
section 37 of the Sex Discrimination Act 1984.

6
7
8

(5) For the purposes of subsection (1), a purpose is reasonably
incidental to the solemnisation of marriage if it is intrinsic to, or
directly associated with, the solemnisation of the marriage.

9
10
11
12

22 Subsection 71(1)
Omit “a chaplain”, substitute “an authorised celebrant”.

13
14

23 After section 71
Insert:

15

16

71A Marriage officers
The Chief of the Defence Force may, by instrument in writing,
authorise an officer (within the meaning of the Defence Act 1903),
other than a chaplain, to solemnise marriages under this Division.

17
18
19
20

24 Paragraphs 72(1)(a) and (b)
Omit “the chaplain” (wherever occurring), substitute “the authorised
celebrant”.

21
22
23

25 Subsection 72(2)
Omit “the chaplain” (wherever occurring), substitute “the authorised
celebrant”.

24
25
26

26 Subsection 72(2)
After “or husband”, insert “, or spouse”.

27
28

27 Section 74 (heading)
Omit “chaplain”, substitute “authorised celebrant”.

29

12

Marriage Amendment (Definition and Religious Freedoms) Bill 2017

No.

, 2017

 1

28 Subsection 74(1)
Omit “the chaplain”, substitute “the authorised celebrant”.

2
3

29 Subsection 74(3)
Omit “A chaplain”, substitute “An authorised celebrant”.

4
5

30 Section 75 (heading)
Omit “Chaplain”, substitute “Authorised celebrant”.

6
7

31 Section 75
Omit “A chaplain”, substitute “An authorised celebrant”.

8
9

32 Section 75
Omit “the chaplain”, substitute “the authorised celebrant”.

10
11

33 Subsections 76(1), 77(1) and 78(2)
Omit “the chaplain”, substitute “the authorised celebrant”.

12
13

34 Section 79 (heading)
Omit “Chaplain”, substitute “Authorised celebrant”.

14
15

35 Section 79
Omit “A chaplain”, substitute “An authorised celebrant”.

16
17

36 Section 79
Omit “the chaplain”, substitute “the authorised celebrant”.

18
19

37 Subsection 80(1)
Omit “a chaplain”, substitute “an authorised celebrant”.

20
21

38 Subsection 80(1)
Omit “the chaplain”, substitute “the authorised celebrant”.

22
23

39 Paragraphs 80(2)(a) and (c)
Omit “the chaplain”, substitute “the authorised celebrant”.

24
25

40 Subsection 80(4)
Omit “The chaplain”, substitute “The authorised celebrant”.

26

No.

, 2017

Marriage Amendment (Definition and Religious Freedoms) Bill 2017

13

 1

41 Subsections 80(5) and (6)
Omit “the chaplain”, substitute “the authorised celebrant”.

2
3

42 Subsection 80(8)
Omit “a chaplain”, substitute “an authorised celebrant”.

4
5

43 Subsection 80(9)
Omit “the chaplain” (first occurring), substitute “the authorised
celebrant”.

6
7
8

44 Paragraph 80(9)(b)
Omit “the chaplain”, substitute “the authorised celebrant”.

9
10

45 Subsection 80(10)
Omit “a chaplain”, substitute “an authorised celebrant”.

11
12

46 Section 81
Omit “A chaplain”, substitute “(1) An authorised celebrant (including a
chaplain)”.

13
14
15

47 Section 81
Omit “the chaplain” (wherever occurring), substitute “the authorised
celebrant”.

16
17
18

48 At the end of section 81
Add:

19

Refusing to solemnise a marriage on the basis of religious beliefs
etc.

20
21

(2) A chaplain may refuse to solemnise a marriage despite anything in
this Part, if any of the following applies:
(a) the refusal conforms to the doctrines, tenets or beliefs of the
religion of the chaplain’s religious body or religious
organisation;
(b) the refusal is necessary to avoid injury to the religious
susceptibilities of adherents of that religion;
(c) the chaplain’s religious beliefs do not allow the chaplain to
solemnise the marriage.

22
23
24
25
26
27
28
29
30

14

Marriage Amendment (Definition and Religious Freedoms) Bill 2017

No.

, 2017

 Grounds for refusal not limited by this section

1

(3) This section does not limit the grounds on which an authorised
celebrant (including a chaplain) may refuse to solemnise a
marriage.

2
3
4
5

49 Subsection 83(2)
Omit “a chaplain”, substitute “an authorised celebrant”.

6
7

50 Section 84 (heading)
Omit “a chaplain”, substitute “an authorised celebrant”.

8
9

51 Paragraph 84(1)(a)
Omit “a chaplain”, substitute “an authorised celebrant”.

10
11

52 Paragraphs 84(1)(b) and (c)
Omit “the chaplain”, substitute “the authorised celebrant”.

12
13

53 Subsection 84(1)
Omit “the chaplain” (last occurring), substitute “the authorised
celebrant”.

14
15
16

54 Paragraph 85(1)(b)
Omit “a chaplain”, substitute “an authorised celebrant”.

17
18

55 Paragraph 85(1)(c)
Omit “the chaplain”, substitute “the authorised celebrant”.

19
20

56 Subsection 85(1)
Omit “the chaplain” (last occurring), substitute “the authorised
celebrant”.

21
22
23

57 Subsection 88B(4)
Repeal the subsection.

24
25

58 Section 88EA
Repeal the section.

26

No.

, 2017

Marriage Amendment (Definition and Religious Freedoms) Bill 2017

15

 1

59 Subsection 99(3)
Omit “A chaplain”, substitute “An authorised celebrant”.

2
3

60 Subsection 116(2)
Omit “or chaplain” (wherever occurring).

4
5

61 Subsections 117(1) and (2)
After “other than Subdivision C”, insert “or D”.

6
7

62 Paragraph 119(3)(f)
Omit “chaplain”, substitute “authorised celebrant”.

8

16

Marriage Amendment (Definition and Religious Freedoms) Bill 2017

No.

, 2017

 2

Part 2—Amendment of the Sex Discrimination Act
1984

3

Sex Discrimination Act 1984

4

63 Subsection 40(2A)

1

Repeal the subsection, substitute:

5

(2A) A minister of religion (as defined in subsection 5(1) of the
Marriage Act 1961) may refuse to solemnise a marriage despite
anything in Division 1 or 2, as applying by reference to section 5A,
5B, 5C or 6, if any of the circumstances mentioned in
paragraph 47(3)(a), (b) or (c) of the Marriage Act 1961 apply.

6
7
8
9
10

(2AA) A religious marriage celebrant (as defined in subsection 5(1) of the
Marriage Act 1961) may refuse to solemnise a marriage despite
anything in Division 1 or 2, as applying by reference to section 5A,
5B, 5C or 6, if:
(a) the identification of the person as a religious marriage
celebrant on the register of marriage celebrants has not been
removed at the time the marriage is solemnised; and
(b) the circumstances mentioned in subsection 47A(1) of the
Marriage Act 1961 apply.

11
12
13
14
15
16
17
18
19

(2AB) A chaplain in the Defence Force may refuse to solemnise a
marriage despite anything in Division 1 or 2, as applying by
reference to section 5A, 5B, 5C or 6, if any of the circumstances
mentioned in paragraph 81(2)(a), (b) or (c) of the Marriage Act
1961 apply.

20
21
22
23
24

Note:

25
26
27
28
29

No.

, 2017

Paragraph 37(1)(d) also provides that nothing in Division 1 or 2
affects any act or practice of a body established for religious purposes
that conforms to the doctrines, tenets or beliefs of that religion or is
necessary to avoid injury to the religious susceptibilities of adherents
of that religion.

Marriage Amendment (Definition and Religious Freedoms) Bill 2017

17

 3

Part 3—Amendments if Schedule 9 to the Civil Law
and Justice Legislation Amendment Act
2017 not yet commenced

4

Marriage Act 1961

5

64 Paragraph 115(2)(b)

1
2

Repeal the paragraph, substitute:
(b) in respect of each other person:
(i) the person’s full name, designation (if any) and address
and
(ii) whether the person is identified as a religious marriage
celebrant on the register of marriage celebrants; and
(iii) where appropriate, the religious body or religious
organisation to which the person belongs.

6
7
8
9
10
11
12
13
14

65 The Schedule (table item 1 of Part III)
Omit “by a husband and wife jointly”, substitute “by 2 people jointly”.

15

18

Marriage Amendment (Definition and Religious Freedoms) Bill 2017

No.

, 2017

 3

Part 4—Amendments once Schedule 9 to the Civil
Law and Justice Legislation Amendment Act
2017 commences

4

Marriage Act 1961

5

66 After paragraph 115(1)(ab)

1
2

Insert:
(ac) a list of the persons who are religious marriage celebrants;
and

6
7
8
9

67 Subsection 115(2) (after table item 3)
Insert:

10

3A

paragraph (1)(ac)

the information required to be
entered in the register of marriage
celebrants for the purposes of
subsection 39D(5); and
where appropriate, the religious
body or religious organisation to
which the person belongs.

11

68 Subsection 115(3)
Omit “paragraph (1)(a), (aa) or (ab)”, substitute “paragraph (1)(a), (aa),
(ab) or (ac)”.

12
13

No.

, 2017

Marriage Amendment (Definition and Religious Freedoms) Bill 2017

19

 1

Part 5—Application and transitional provisions

2

69 Definitions

3

In this Part:

4

amended Act means the Marriage Act 1961, as amended by this Act.

5

70 Application of amendments

6

(1)

Except as provided by subitem (2), the amendments made by this
Schedule only apply in relation to a marriage (within the meaning of the
amended Act) that takes place at or after the commencement of this
item.

(2)

Part VA of the amended Act (recognition of foreign marriages) applies
at and after that commencement in relation to a marriage (within the
meaning of the amended Act), even if the marriage took place before
that commencement.

(3)

For the purposes of determining whether parties to a marriage are
within a prohibited relationship as mentioned in paragraph 88D(2)(c) of
the amended Act (as it applies because of subitem (2)),
paragraph 23B(2)(b) of the amended Act applies.

7
8
9
10
11
12
13
14
15
16
17

20

71 Recognition of certain marriages by foreign diplomatic or
consular officers that occurred in Australia before
commencement

21

(1)

A marriage is recognised as valid in Australia if:
(a) the marriage was solemnised in Australia, before the
commencement of this item, by or in the presence of a
diplomatic or consular officer of an overseas country
(whether or not the country was a proclaimed overseas
country at the time the marriage was solemnised); and
(b) at the time the marriage was solemnised:
(i) the marriage was not recognised in Australia as valid
because the marriage was not the union of a man and a
woman; and
(ii) the marriage was recognised as valid under the law of
the overseas country; and

20

Marriage Amendment (Definition and Religious Freedoms) Bill 2017

18
19

22
23
24
25
26
27
28
29
30
31
32

No.

, 2017

 (c) had the marriage occurred in the overseas country at the time
the marriage was solemnised, the marriage would, after
items 57 and 58 of this Schedule commence, be recognised as
valid under Part VA of the Marriage Act 1961.

1
2
3
4
5

(2)

In this item:
Australia includes the external Territories.
diplomatic or consular officer has the meaning given by section 52 of
the Marriage Act 1961.

6
7
8

overseas country has the same meaning as in Division 3 of Part IV of
the Marriage Act 1961.

9
10

proclaimed overseas country has the meaning given by section 52 of
the Marriage Act 1961.

11
12

No.

, 2017

Marriage Amendment (Definition and Religious Freedoms) Bill 2017

21