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This is a Bill, not an Act. For current law, see the Acts databases.


MARRIAGE EQUALITY BILL 2012

                    Western Australia


       Marriage Equality Bill 2012

                       CONTENTS


      Part 1 -- Preliminary
1.    Short title                                           2
2.    Commencement                                          2
3.    Terms used                                            2
      Part 2 -- Same-sex marriage
      Division 1 -- Same-sex marriageable age
4.    Application of Division                               4
5.    Same-sex marriageable age                             4
      Division 2 -- Void same-sex marriages
6.    Grounds on which same-sex marriages are void          4
      Division 3 -- Solemnisation of same-sex
            marriages in Western Australia
7.    Application of Division                               6
8.    Same-sex marriages to be solemnised by
      authorised celebrant                                  6
9.    Ministers of religion not bound to solemnise
      same-sex marriage etc.                                6
10.   Notice to be given and declaration made               7
11.   Solemnisation of same-sex marriages                   9
12.   When and where same-sex marriage may be
      solemnised                                           10
13.   Witnesses                                            10
14.   Form of ceremony                                     10
15.   Certain authorised celebrants to explain nature of
      same-sex marriage relationship                       11
16.   Certain same-sex marriages not solemnised in
      accordance with this Division are invalid            11


                         327--1                             page i
Marriage Equality Bill 2012



Contents



      17.      Authorised celebrant to retain notices and
               declarations                                          12
      18.      Same-sex marriage certificates                        13
               Division 4 -- Offences
      19.      Bigamy                                                14
               Division 5 -- Second ceremonies
      20.      Second same-sex marriage ceremonies                   15
               Part 3 -- Authorised celebrants
               Division 1 -- Same-sex marriage celebrants
      21.      Term used: marriage celebrant                         18
      22.      Registration of same-sex marriage celebrants          18
      23.      Register of same-sex marriage celebrants              18
      24.      Cancellation of registration                          19
      25.      Review of decisions                                   19
               Division 2 -- Public service officers
      26.      Authorisation of public service officers              19
               Part 4 -- Miscellaneous
      27.      False statements or documents                         21
      28.      Interpreters at same-sex marriage ceremonies          21
      29.      Regulations                                           21
               Part 5 -- Births, Deaths and
                    Marriages Registration Act 1998
                    amended
      30.      Act amended                                           23
      31.      Long title amended                                    23
      32.      Section 3 amended                                     23
      33.      Section 4 amended                                     23
      34.      Section 6 amended                                     24
      35.      Part 6A inserted                                      24
               Part 6A -- Registration of same-sex marriages
               37A.     Same-sex marriages in the State to be
                        registered                              24
               37B.     How to have same-sex marriage
                        registered                              24
               37C.     Registration of same-sex marriage       24




page ii
                                               Marriage Equality Bill 2012



                                                                     Contents



      Part 6 -- Family Court Act 1997
           amended
36.   Act amended                                                      25
37.   Section 5 amended                                                25
38.   Section 65B amended                                              25
39.   Section 65D amended                                              26
40.   Section 65F amended                                              26
41.   Section 65H amended                                              26
42.   Section 65I amended                                              26
43.   Section 65J amended                                              26
44.   Part 5B inserted                                                 27
      Part 5B -- Same-sex marriages
      Division 1 -- Preliminary matters
      206A.     Terms used                                      27
      Division 2 -- Proceedings for dissolution or
             annulment
      206B.     Principles to be applied by court               27
      206C.     Commencement of proceedings                     28
      206D.     Additional requirements for application for
                dissolution order                               28
      Division 3 -- Dissolution and nullity of
             same-sex marriage
      206E.     Dissolution of same-sex marriage                28
      206F.     Meaning of separation                           29
      206G.     Effect of resumption of cohabitation            29
      206H.     Declaration of nullity of same-sex
                marriage                                        30
      206I.     Court not to make dissolution order where
                application for nullity declaration before it   30
      206J.     When dissolution order takes effect             30
      206K.     Certificate as to dissolution order taking
                effect                                          32
      206L.     Rescission of dissolution order if parties
                reconciled                                      32
      206M.     Rescission of dissolution order on ground
                of miscarriage of justice                       33
      206N.     Same-sex re-marriage                            33
      Division 4 -- Application of Part 5A to
             same-sex marriage
      206O.     Financial matters related to same-sex
                marriage                                        33
45.   Section 235A amended                                             34



                                                                      page iii
Marriage Equality Bill 2012



Contents



               Part 7 -- Interpretation Act 1984
                    amended
      46.      Act amended                                           35
      47.      Section 5 amended                                     35
               Part 8 -- Other Acts amended
               Division 1 -- Duties Act 2008 amended
      48.      Act amended                                           36
      49.      Section 128 amended                                   36
      50.      Section 130A inserted                                 36
               130A.    Same-sex marriage instrument, defined   36
      51.      Section 131 amended                                   37
      52.      Section 133 amended                                   38
               Division 2 -- Guardianship and Administration
                     Act 1990 amended
      53.      Act amended                                           38
      54.      Section 45 amended                                    38
               Division 3 -- Oaths, Affidavits and Statutory
                     Declarations Act 2005 amended
      55.      Act amended                                           39
      56.      Schedule 2 amended                                    39
               Division 4 -- Stamp Act 1921 amended
      57.      Act amended                                           39
      58.      Section 112UA amended                                 39
               Division 5 -- State Administrative Tribunal
                     Act 2004 amended
      59.      Act amended                                           39
      60.      Schedule 1 amended                                    40
               Division 6 -- Wills Act 1970 amended
      61.      Act amended                                           40
      62.      Section 4 amended                                     40
      63.      Section 14A amended                                   40
               Defined Terms




page iv
                           Western Australia


                      LEGISLATIVE COUNCIL

               (Introduced by Hon. Lynn McLaren, MLC)



               Marriage Equality Bill 2012


                               A Bill for


An Act to provide for the following --
 same-sex marriages between adults;
 authorisation of celebrants to solemnise same-sex marriages;
 amendments to the Births, Deaths and Marriages Registration
   Act 1998 to provide for the registration of same-sex marriages;
 amendments to the Family Court Act 1997 to provide for the
   dissolution and annulment of same-sex marriages and for related
   financial matters;
 consequential amendments to other Acts;
 related purposes.



The Parliament of Western Australia enacts as follows:




                                                            page 1
     Marriage Equality Bill 2012
     Part 1          Preliminary

     s. 1



1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the Marriage Equality Act 2012.

4    2.       Commencement
5             This Act comes into operation as follows --
6              (a) sections 1 and 2 -- on the day on which this Act
7                    receives the Royal Assent;
8              (b) the rest of the Act -- on the 28th day after that day.

9    3.       Terms used
10            In this Act --
11            authorised celebrant means --
12              (a) a same-sex marriage celebrant; or
13              (b) a person authorised under Part 3 Division 2 to solemnise
14                    same-sex marriages;
15            conjugal status declaration means the declaration required
16            under section 10(1)(c);
17            minister of religion means --
18              (a) a person recognised by a religious body or a religious
19                    organisation as having authority to solemnise marriages
20                    in Australia in accordance with the rites or customs of
21                    the body or organisation; or
22              (b) in relation to a religious body or a religious organisation
23                    in respect of which paragraph (a) is not applicable, a
24                    person nominated by --
25                      (i) the head, or the governing authority, in a State or
26                            Territory, of that body or organisation; or




     page 2
                                             Marriage Equality Bill 2012
                                             Preliminary          Part 1

                                                                     s. 3



1             (ii)     such other person or authority acting on behalf of
2                      that body or organisation as is prescribed,
3              to be an authorised celebrant for the purposes of this
4              Act;
5    notice of intention to marry means the notice required under
6    section 10(1)(a);
7    ordinarily resident includes habitually resident;
8    prescribed means prescribed by regulation;
9    Registrar means the Registrar of Births, Deaths and Marriages
10   referred to in the Births, Deaths and Marriages Registration
11   Act 1998 section 5;
12   same-sex marriage means the lawful union of 2 people of the
13   same sex to the exclusion of all others, voluntarily entered into
14   for life;
15   same-sex marriage celebrant means person registered under
16   Part 3 Division 1.




                                                                  page 3
     Marriage Equality Bill 2012
     Part 2          Same-sex marriage
     Division 1      Same-sex marriageable age
     s. 4



1                       Part 2 -- Same-sex marriage
2                   Division 1 -- Same-sex marriageable age
3    4.         Application of Division
4               This Division applies, despite any common law rule of private
5               international law, in relation to same-sex marriages.

6    5.         Same-sex marriageable age
7               A person is of same-sex marriageable age if the person has
8               reached 18 years of age.

9                    Division 2 -- Void same-sex marriages
10   6.         Grounds on which same-sex marriages are void
11        (1)   In this section --
12              adopted, in relation to a child, means adopted under the law of
13              any place (whether in or out of Australia) relating to the
14              adoption of children;
15              ancestor, in relation to a person, means someone from whom
16              the person is descended, including a parent of the person.
17        (2)   A same-sex marriage is void if --
18               (a) either of the parties was, at the time of the same-sex
19                    marriage, lawfully married to some other person; or
20               (b) the parties are within a prohibited relationship; or
21               (c) the same-sex marriage is invalid under section 16; or
22               (d) the consent of either of the parties was not a real consent
23                    because --
24                       (i) it was obtained by duress or fraud; or
25                      (ii) that party was mistaken as to the identity of the
26                           other party or as to the nature of the ceremony
27                           performed; or


     page 4
                                                 Marriage Equality Bill 2012
                                           Same-sex marriage          Part 2
                                     Void same-sex marriages     Division 2
                                                                         s. 6



1                  (iii)   that party was mentally incapable of
2                          understanding the nature and effect of the
3                          same-sex marriage ceremony;
4                  or
5            (e)   either of the parties was not of same-sex marriageable
6                  age,
7          and not otherwise.
8    (3)   For the purposes of subsection (2)(b) a prohibited relationship
9          is a relationship --
10           (a) between a person and an ancestor or descendant of the
11                  person; or
12           (b) between a person and a sibling of the person (whether of
13                  the whole blood or the half blood).
14   (4)   Any relationship specified in subsection (3) --
15          (a) includes a relationship traced through, or to, a person
16                who is or was an adopted child; and
17          (b) for the purposes of paragraph (a), the relationship
18                between an adopted child and the adoptive parent, or
19                each of the adoptive parents, of the child, will be
20                deemed to be or to have been the natural relationship of
21                child and parent.
22   (5)   Nothing in subsection (4) makes it lawful for a person to marry
23         someone whom the person could not lawfully have married if
24         that subsection had not been enacted.
25   (6)   For the purposes of this section --
26          (a) a person who has at any time been adopted by another
27                 person will be deemed to remain the adopted child of
28                 that other person despite the fact that any order by which
29                 the adoption was effected has been annulled, cancelled
30                 or discharged or that the adoption has for any other
31                 reason ceased to be effective; and



                                                                        page 5
     Marriage Equality Bill 2012
     Part 2          Same-sex marriage
     Division 3      Solemnisation of same-sex marriages in Western Australia
     s. 7



1                  (b)   a person who has been adopted on more than one
2                        occasion will be deemed to be the adopted child of each
3                        person by whom he or she has been adopted.

4               Division 3 -- Solemnisation of same-sex marriages in
5                                Western Australia
6    7.           Application of Division
7         (1)     This Division applies to and in relation to all same-sex
8                 marriages solemnised, or intended to be solemnised, in Western
9                 Australia.
10        (2)     This Division applies to any person in Western Australia,
11                whether or not the person is ordinarily resident in Western
12                Australia.

13   8.           Same-sex marriages to be solemnised by authorised
14                celebrant
15                A same-sex marriage must be solemnised by, or in the presence
16                of, an authorised celebrant who is authorised to solemnise
17                same-sex marriages at the place where the marriage takes place.

18   9.           Ministers of religion not bound to solemnise same-sex
19                marriage etc.
20                Nothing in this Part --
21                 (a) imposes an obligation on an authorised celebrant, being
22                       a minister of religion, to solemnise any same-sex
23                       marriage; or
24                 (b) prevents such an authorised celebrant from making it a
25                       condition of his or her solemnising a same-sex marriage
26                       that --
27                          (i) longer notice of intention to marry than that
28                               required by this Act is given; or
29                         (ii) requirements additional to those provided by this
30                               Act are observed.


     page 6
                                                       Marriage Equality Bill 2012
                                                Same-sex marriage           Part 2
           Solemnisation of same-sex marriages in Western Australia    Division 3
                                                                              s. 10



1    10.         Notice to be given and declaration made
2          (1)   Subject to this section, a same-sex marriage must not be
3                solemnised unless --
4                  (a) notice in writing of the intended same-sex marriage has
5                       been given in accordance with this section and has been
6                       received by the authorised celebrant solemnising the
7                       same-sex marriage --
8                          (i) not earlier than 18 months before the date of the
9                                same-sex marriage; and
10                        (ii) not later than one month before the date of the
11                               same-sex marriage;
12                      and
13                 (b) the authorised celebrant has been given, in respect of
14                      each of the parties --
15                         (i) an official certificate, or an official extract of an
16                               entry in an official register, showing the date and
17                               place of birth of the party; or
18                        (ii) a passport issued by a government of an overseas
19                               country, showing the date and place of birth of
20                               the party; or
21                       (iii) a statutory declaration made by the party or a
22                               parent of the party stating --
23                                   (I) that, for reasons specified in the
24                                         declaration, it is impracticable to obtain
25                                         a certificate or extract referred to in
26                                         subparagraph (i); and
27                                  (II) to the best of the declarant's knowledge
28                                         and belief and as accurately as the
29                                         declarant has been able to ascertain,
30                                         when and where the party was born;
31                      and




                                                                              page 7
     Marriage Equality Bill 2012
     Part 2          Same-sex marriage
     Division 3      Solemnisation of same-sex marriages in Western Australia
     s. 10



1               (c)   each of the parties has made and subscribed before that
2                     authorised celebrant a declaration, in accordance with
3                     the prescribed form, as to --
4                        (i) the party's conjugal status; and
5                       (ii) the party's belief that there is no legal
6                             impediment to the same-sex marriage; and
7                      (iii) any other prescribed matters.
8       (2)   A notice of intention to marry must be --
9              (a) in the prescribed form and include the prescribed
10                   particulars; and
11             (b) signed by each of the parties on the same side of the one
12                   piece of paper in the presence of --
13                      (i) an authorised celebrant; or
14                     (ii) a person who is an authorised witness for an
15                            affidavit under the Oaths, Affidavits and
16                            Statutory Declarations Act 2005.
17      (3)   If a party to an intended same-sex marriage is unable to sign the
18            notice of intention to marry under subsection (2)(b) by the time
19            the notice is required under this section, a notice of intention to
20            marry signed by the other party and otherwise complying with
21            the provisions of this section is, if it is signed by the first
22            mentioned party in the presence of an authorised celebrant
23            before the same-sex marriage is solemnised, taken to be a
24            sufficient notice.
25      (4)   A notice of intention to marry is not ineffective for the purposes
26            of this section if --
27              (a) a party to the intended same-sex marriage is unable,
28                     after reasonable inquiry, to ascertain all of the
29                     particulars in relation to that party required to be
30                     included in the notice; and




     page 8
                                                       Marriage Equality Bill 2012
                                                Same-sex marriage           Part 2
           Solemnisation of same-sex marriages in Western Australia    Division 3
                                                                              s. 11



1                 (b)    at any time before the same-sex marriage is solemnised,
2                        that party provides the authorised celebrant solemnising
3                        the same-sex marriage with a statutory declaration --
4                           (i) explaining that party's inability to ascertain the
5                                particulars not included in the notice; and
6                          (ii) the reason for that inability.
7          (5)   As soon as practicable after receiving a notice of intention to
8                marry, an authorised celebrant must give the parties a document
9                in the prescribed form --
10                 (a) outlining the obligations and consequences of same-sex
11                       marriage; and
12                 (b) indicating the availability of same-sex marriage
13                       education and counselling.
14         (6)   An authorised celebrant may --
15                (a) permit an error in a notice of intention to marry to be
16                      corrected in his or her presence by either of the parties at
17                      any time before the same-sex marriage to which it
18                      relates has been solemnised; and
19                (b) treat the notice as corrected as having been originally
20                      given in its corrected form.
21         (7)   If a conjugal status declaration made by a party states that that
22               party is a divorced person or a widow or widower, an authorised
23               celebrant must not solemnise the same-sex marriage unless
24               there is produced to him or her evidence of that party's divorce,
25               or of the death of that party's spouse, as the case requires.

26   11.         Solemnisation of same-sex marriages
27         (1)   A same-sex marriage may be solemnised by any authorised
28               celebrant who has possession of the notice of intention to marry
29               if, by reason of the death, absence or illness of the authorised
30               celebrant to whom the notice of intention to marry has been
31               given, or for any other reason, it is impracticable for that person
32               to solemnise the same-sex marriage.


                                                                              page 9
     Marriage Equality Bill 2012
     Part 2          Same-sex marriage
     Division 3      Solemnisation of same-sex marriages in Western Australia
     s. 12



1          (2)   An authorised celebrant must not solemnise a same-sex
2                marriage --
3                 (a) unless the authorised celebrant has satisfied himself or
4                       herself that the parties are the parties referred to in the
5                       notice of intention to marry in relation to the same-sex
6                       marriage; or
7                 (b) if the authorised celebrant has reason to believe that any
8                       of the following documents in relation to the same-sex
9                       marriage contains a false statement or is defective --
10                         (i) a notice of intention to marry;
11                        (ii) a conjugal status declaration;
12                       (iii) a statutory declaration required under section 10.

13   12.         When and where same-sex marriage may be solemnised
14               A same-sex marriage may be solemnised --
15                (a) on any day; and
16                (b) at any time; and
17                (c) at any place.

18   13.         Witnesses
19               A same-sex marriage must not be solemnised unless at least
20               2 persons who have, or appear to the person solemnising the
21               same-sex marriage to have, reached 18 years of age are present
22               as witnesses.

23   14.         Form of ceremony
24         (1)   If a same-sex marriage is solemnised by or in the presence of an
25               authorised celebrant who is a minister of religion, it may be
26               solemnised according to any form and ceremony recognised as
27               sufficient for the purpose by the religious body or organisation
28               of which he or she is a minister.
29         (2)   If a same-sex marriage is solemnised by or in the presence of an
30               authorised celebrant other than a minister of religion, it is

     page 10
                                                       Marriage Equality Bill 2012
                                                Same-sex marriage           Part 2
           Solemnisation of same-sex marriages in Western Australia    Division 3
                                                                              s. 15



1                sufficient if each of the parties says to the other, in the presence
2                of the authorised celebrant and the witnesses, the words, or
3                words to the effect of --
4                        "I call upon the persons here present to witness that I,
5                        [name of party], take thee, [name of other party], to be
6                        my lawful wedded spouse (or husband or wife according
7                        to the terms preferred by the parties).".

8    15.         Certain authorised celebrants to explain nature of same-sex
9                marriage relationship
10               Before a same-sex marriage is solemnised by or in the presence
11               of an authorised celebrant other than a minister of religion, the
12               authorised celebrant must say to the parties, in the presence of
13               the witnesses, the words or words to the effect of --
14                       "I am duly authorised by law to solemnise same-sex
15                       marriages according to law.
16                       Before you are joined in marriage in my presence and in
17                       the presence of these witnesses, I am to remind you of
18                       the solemn and binding nature of the relationship into
19                       which you are now about to enter.
20                       Same-sex marriage, according to law in Western
21                       Australia, is the lawful union of 2 persons of the same
22                       sex to the exclusion of all others, voluntarily entered
23                       into for life.".

24   16.         Certain same-sex marriages not solemnised in accordance
25               with this Division are invalid
26         (1)   Subject to this section, a same-sex marriage solemnised
27               otherwise than in accordance with this Division is not a valid
28               same-sex marriage.
29         (2)   A same-sex marriage is not invalid by reason of all or any of the
30               following --
31                 (a) failure to give a notice of intention to marry;



                                                                             page 11
     Marriage Equality Bill 2012
     Part 2          Same-sex marriage
     Division 3      Solemnisation of same-sex marriages in Western Australia
     s. 17



1                 (b)    a false statement, defect or error in a notice of intention
2                        to marry;
3                  (c)   failure of the parties, or either of them, to make or sign a
4                        conjugal status declaration;
5                 (d)    a false statement, defect or error in a conjugal status
6                        declaration;
7                  (e)   failure to produce to the authorised celebrant a
8                        certificate or extract of an entry or a statutory
9                        declaration as required by section 10;
10                 (f)   a false statement, defect or error in a statutory
11                       declaration under section 10;
12                (g)    failure to comply with any other requirement of
13                       section 10 or 11, or any contravention of those sections;
14                (h)    failure to comply with the requirements of section 13, 14
15                       or 15.
16         (3)   A same-sex marriage is not invalid by reason that the person
17               solemnising it was not authorised by this Act to do so, if either
18               party to the same-sex marriage, at the time the same-sex
19               marriage was solemnised, believed that that person was lawfully
20               authorised to solemnise it.
21         (4)   If subsection (3) applies, the form and ceremony of the
22               same-sex marriage is taken to have been sufficient if the form
23               and ceremony demonstrated an intention on the part of each of
24               the parties to become thereby the lawfully wedded spouse of the
25               other.

26   17.         Authorised celebrant to retain notices and declarations
27               An authorised celebrant to whom a notice of intention to marry
28               or conjugal status declaration is given must retain it in his or her
29               possession until he or she deals with it in accordance with
30               section 18.




     page 12
                                                       Marriage Equality Bill 2012
                                                Same-sex marriage           Part 2
           Solemnisation of same-sex marriages in Western Australia    Division 3
                                                                              s. 18



1    18.         Same-sex marriage certificates
2          (1)   If an authorised celebrant solemnises a same-sex marriage, the
3                authorised celebrant must --
4                   (a) prepare a certificate of the same-sex marriage, in the
5                        prescribed form, for the purpose of issue to the parties to
6                        the marriage; and
7                  (b) prepare 2 official certificates of same-sex marriage in
8                        accordance with the prescribed form.
9          (2)   Immediately after the solemnisation of the same-sex marriage,
10               the authorised celebrant, each of the parties to the same-sex
11               marriage and the 2 witnesses under section 13 must sign each of
12               the certificates.
13         (3)   One of the official certificates must be on the reverse side of the
14               paper bearing the conjugal status declarations.
15         (4)   The authorised celebrant must hand the certificate referred to in
16               subsection (1)(a) to one of the parties to the same-sex marriage
17               on behalf of the parties and --
18                 (a) within 14 days after the solemnisation of the same-sex
19                      marriage, forward the official certificate referred to in
20                      subsection (3), together with the notice of intention to
21                      marry and conjugal status declarations to the Registrar
22                      in accordance with the regulations; and
23                 (b) retain the other official certificate and deal with it in
24                      accordance with the regulations (if any).
25         (5)   If the authorised celebrant dies without having prepared and
26               signed the certificates of same-sex marriage, or if due to other
27               special circumstances the Minister thinks it is necessary to do
28               so, the Minister may, if satisfied that the same-sex marriage was
29               duly solemnised, prepare and sign the certificates with any
30               appropriate modifications.
31         (6)   A certificate prepared and signed by the Minister under
32               subsection (5) has the same force and effect as if it had been


                                                                            page 13
     Marriage Equality Bill 2012
     Part 2          Same-sex marriage
     Division 4      Offences
     s. 19



1                prepared and signed, in accordance with this section, by the
2                authorised celebrant.

3                               Division 4 -- Offences
4    19.         Bigamy
5          (1)   A person who is married must not go through a form or
6                ceremony of same-sex marriage with any person.
7                Penalty: imprisonment for 5 years.
8          (2)   It is a defence to a prosecution for an offence against
9                subsection (1) if the defendant proves that --
10                  (a) at the time of the alleged offence, the defendant believed
11                        that his or her spouse was dead; and
12                  (b) the defendant had reasonable grounds for that belief,
13                        having regard to the time for which the defendant's
14                        spouse had been absent from the defendant and the
15                        circumstances of that absence.
16         (3)   For the purposes of subsection (2), it is sufficient proof of the
17               matters referred to in subsection (2)(b) if the defendant proves
18               that --
19                 (a) the defendant's spouse had been continually absent from
20                       the defendant for the period of 7 years immediately
21                       preceding the date of the alleged offence; and
22                 (b) at the time of the alleged offence, the defendant had no
23                       reason to believe that the defendant's spouse had been
24                       alive at any time within that period.
25         (4)   A person (person 1) must not go through a form or ceremony of
26               same-sex marriage with a person (person 2) who is married if
27               person 1 knows, or has reasonable grounds to believe, that the
28               person 2 is married.
29               Penalty: imprisonment for 5 years.




     page 14
                                                        Marriage Equality Bill 2012
                                                 Same-sex marriage           Part 2
                                                 Second ceremonies      Division 5
                                                                               s. 20



1          (5)   It is not an offence against this section for a person in
2                accordance with section 20 to go through a form or ceremony of
3                same-sex marriage with that person's own spouse.
4          (6)   In a prosecution for an offence against this section, the spouse
5                of the accused person is a competent and compellable witness
6                for either the prosecution or the defence.
7          (7)   In a prosecution for an offence against this section, the fact that,
8                at the time of the alleged offence, a person was married will not
9                be taken to have been proved if the only evidence of the fact is
10               the evidence of the other party to the alleged marriage.

11                        Division 5 -- Second ceremonies
12   20.         Second same-sex marriage ceremonies
13         (1)   Except in accordance with this section --
14                (a) persons who are already legally married to each other
15                      must not go through a form or ceremony of same-sex
16                      marriage with each other; and
17                (b) an authorised celebrant must not purport to solemnise a
18                      same-sex marriage between persons --
19                         (i) who inform the authorised celebrant that they are
20                             already legally married to each other; or
21                        (ii) whom the authorised celebrant knows or has
22                             reason to believe to be already legally married to
23                             each other.
24         (2)   Subject to this section, 2 persons may go through a form or
25               ceremony of same-sex marriage with each other as if they had
26               not previously gone through a form or ceremony of same-sex
27               marriage with each other if --
28                 (a) those 2 persons have gone through a form or ceremony
29                       of same-sex marriage with each other, whether before or
30                       after the commencement of this Act; and



                                                                             page 15
     Marriage Equality Bill 2012
     Part 2          Same-sex marriage
     Division 5      Second ceremonies
     s. 20



1               (b)    there is a doubt --
2                         (i) whether those persons are legally married to each
3                              other; or
4                        (ii) if the form or ceremony of same-sex marriage
5                              took place outside Western Australia -- whether
6                              the same-sex marriage would be recognised as
7                              valid by a court in Western Australia; or
8                       (iii) whether their same-sex marriage could be proved
9                              in legal proceedings.
10      (3)    If 2 persons wish to go through a form or ceremony of same-sex
11             marriage with each other under subsection (2), they each must
12             give to the authorised celebrant by whom, or in whose presence,
13             the form or ceremony is to take place or be performed --
14                (a) a statutory declaration by them stating that they have
15                     previously gone through a form or ceremony of
16                     same-sex marriage with each other and specifying the
17                     date on which, the place at which and the circumstances
18                     in which they went through that form or ceremony; and
19               (b) a certificate by an Australian legal practitioner, being a
20                     certificate endorsed on the statutory declaration, that, on
21                     the facts stated in the declaration, there is, in his or her
22                     opinion, a doubt as to one of the matters specified in
23                     subsection (2)(b).
24      (4)    The authorised celebrant by whom or in whose presence a form
25             or ceremony of same-sex marriage takes place or is performed
26             under subsection (2) must make an endorsement in accordance
27             with the regulations (if any) on each certificate issued in respect
28             of that form or ceremony.
29      (5)    A same-sex marriage which takes place under subsection (2) is
30             not invalid by reason of any failure to comply with the
31             requirements of subsection (3) or (4).
32      (6)    Nothing in this Act will be taken to prevent 2 persons who are
33             already legally married to each other from going through a


     page 16
                                           Marriage Equality Bill 2012
                                    Same-sex marriage           Part 2
                                    Second ceremonies      Division 5
                                                                  s. 20



1    religious ceremony of same-sex marriage with each other in
2    Western Australia if those persons have --
3      (a) produced to the person by whom or in whose presence
4            the ceremony is to be performed a certificate of their
5            existing same-sex marriage; and
6      (b) given that person a statement in writing, signed by them
7            and witnessed by that person, that --
8               (i) they have previously gone through a form or
9                    ceremony of same-sex marriage with each other;
10                   and
11             (ii) they are the parties mentioned in the certificate
12                   of same-sex marriage produced with the
13                   statement; and
14            (iii) they have no reason to believe that they are not
15                   legally married to each other or, if their same-sex
16                   marriage took place outside Western Australia,
17                   they have no reason to believe that it would not
18                   be recognised as valid in Western Australia.




                                                                page 17
     Marriage Equality Bill 2012
     Part 3          Authorised celebrants
     Division 1      Same-sex marriage celebrants
     s. 21



1                      Part 3 -- Authorised celebrants
2                  Division 1 -- Same-sex marriage celebrants
3    21.         Term used: marriage celebrant
4                In this Division --
5                marriage celebrant means a person registered as a marriage
6                celebrant under the Marriage Act 1961 (Commonwealth).

7    22.         Registration of same-sex marriage celebrants
8          (1)   A marriage celebrant may apply to the Registrar to be registered
9                as a same-sex marriage celebrant under this Act.
10         (2)   An application under subsection (1) must be --
11                (a) in writing in the prescribed form (if any); and
12                (b) accompanied by evidence of the person's registration as
13                      a marriage celebrant; and
14                (c) accompanied by the prescribed fee (if any).
15         (3)   On an application under subsection (1), the Registrar must
16               register the applicant as a same-sex marriage celebrant, unless
17               in the Registrar's opinion the person is not a suitable person to
18               be registered as a same-sex marriage celebrant.

19   23.         Register of same-sex marriage celebrants
20         (1)   The Registrar is to maintain a register of persons registered as
21               same-sex marriage celebrants.
22         (2)   The register may be kept in any way the Registrar thinks
23               appropriate, including by electronic means.
24         (3)   The register must include the following information for each
25               same-sex marriage celebrant --
26                 (a) the person's full name;
27                 (b) the person's address and contact details;


     page 18
                                                         Marriage Equality Bill 2012
                                              Authorised celebrants           Part 3
                                              Public service officers    Division 2
                                                                                s. 24



1                 (c)   the date the person was registered;
2                 (d)   if the person's registration is cancelled or the person
3                       otherwise ceases to be registered -- the date the
4                       registration ceased.
5          (4)   The register may also contain such other information as the
6                Registrar considers appropriate.
7          (5)   Despite anything to the contrary in this section, a person's
8                address and contact details and any other information included
9                in the register about the person under subsection (4) must not be
10               available for public inspection unless the person consents.

11   24.         Cancellation of registration
12               The Registrar may cancel a person's registration as a same-sex
13               marriage celebrant if --
14                (a) the person ceases to be a marriage celebrant; or
15                (b) the Registrar considers that the person is no longer a
16                      suitable person to be a same-sex marriage celebrant.

17   25.         Review of decisions
18               A person whose interests are affected by either of the following
19               decisions of the Registrar may apply to the State Administrative
20               Tribunal for a review of the decision --
21                 (a) a decision to refuse to register a person as a same-sex
22                      marriage celebrant under section 22;
23                 (b) a decision to cancel a person's registration as a same-sex
24                      marriage celebrant under section 24.

25                      Division 2 -- Public service officers
26   26.         Authorisation of public service officers
27         (1)   The Registrar may solemnise same-sex marriages in Western
28               Australia.



                                                                            page 19
    Marriage Equality Bill 2012
    Part 3          Authorised celebrants
    Division 2      Public service officers
    s. 26



1      (2)    The Minister may, by instrument in writing, authorise other
2             officers of the Public Service to solemnise same-sex marriages.
3      (3)    An authorisation under subsection (2) is subject to any
4             conditions specified in the instrument.




    page 20
                                                         Marriage Equality Bill 2012
                                                      Miscellaneous           Part 4

                                                                                s. 27



1                            Part 4 -- Miscellaneous
2    27.         False statements or documents
3                A person who makes a false or misleading statement or
4                representation in a declaration, application or other document
5                under this Act, knowing it to be false or misleading in a material
6                particular, is guilty of an offence.
7                Penalty: a fine of $10 000.

8    28.         Interpreters at same-sex marriage ceremonies
9          (1)   Subject to this section, if an authorised celebrant solemnising a
10               same-sex marriage under this Act considers that it is appropriate
11               to do so, the authorised celebrant may use the services of a
12               person who is not a party to the same-sex marriage as an
13               interpreter in, or in connection with, the ceremony.
14         (2)   An authorised celebrant must not solemnise a same-sex
15               marriage using the services of an interpreter in, or in connection
16               with, the ceremony unless the interpreter has given the
17               authorised celebrant a statutory declaration stating that the
18               interpreter understands, and is able to converse in, the languages
19               in respect of which he or she is to act as an interpreter.
20         (3)   An interpreter who has acted in, or in connection with, a
21               ceremony of same-sex marriage must, immediately after the
22               ceremony has taken place, give the authorised celebrant a
23               certificate signed by the interpreter, in the prescribed form, of
24               the faithful performance of the interpreter's services as
25               interpreter.

26   29.         Regulations
27         (1)   The Governor may make regulations prescribing all matters that
28               are required or permitted by this Act to be prescribed, or are
29               necessary or convenient to be prescribed, for giving effect to
30               this Act.



                                                                             page 21
    Marriage Equality Bill 2012
    Part 4          Miscellaneous

    s. 29



1      (2)    Without limiting subsection (1), the regulations may --
2              (a) fix fees to be paid in respect to any matter under this
3                   Act; and
4              (b) provide for the service of documents.
5      (3)    The regulations may provide that contravention of a regulation
6             is an offence, and provide, for an offence against the
7             regulations, a penalty not exceeding a fine of $2 500.




    page 22
                                                       Marriage Equality Bill 2012
      Births, Deaths and Marriages Registration Act 1998 amended            Part 5

                                                                                s. 30



1      Part 5 -- Births, Deaths and Marriages Registration
2                      Act 1998 amended
3    30.         Act amended
4                This Part amends the Births, Deaths and Marriages Registration
5                Act 1998.

6    31.         Long title amended
7                In the long title after "deaths," insert:
8

9                same-sex marriages,
10


11   32.         Section 3 amended
12               In section 3(a) and (b) after "deaths," insert:
13

14               same-sex marriages,
15


16   33.         Section 4 amended
17         (1)   In section 4 insert in alphabetical order:
18

19                     marriage does not include same-sex marriage;
20                     same-sex marriage has the meaning given in the
21                     Marriage Equality Act 2012 section 3;
22

23         (2)   In section 4 in the definition of registrable event after "death,"
24               insert:
25

26               same-sex marriage,
27




                                                                             page 23
     Marriage Equality Bill 2012
     Part 5          Births, Deaths and Marriages Registration Act 1998 amended

     s. 34



1    34.       Section 6 amended
2              In section 6:
3                (a) in paragraph (a) delete "this Act;" and insert:
4

5                          this Act or any other Act; and
6

7                   (b)    in paragraph (b) after "this Act" insert:
8

9                          or any other Act
10


11   35.       Part 6A inserted
12             After section 36 insert:
13


14            Part 6A -- Registration of same-sex marriages
15           37A.         Same-sex marriages in the State to be registered
16                        If a same-sex marriage is solemnised in the State, the
17                        same-sex marriage must be registered under this Act.

18           37B.         How to have same-sex marriage registered
19                        A person may have a same-sex marriage registered by
20                        lodging with the Registrar a certificate of the same-sex
21                        marriage.
22             Note: Under the Marriage Equality Act 2012 section 18(4) the authorised
23                   celebrant is responsible for lodging the certificate of same-sex
24                   marriage with the Registrar.

25           37C.         Registration of same-sex marriage
26                        A same-sex marriage may be registered by including
27                        the same-sex marriage certificate as part of the
28                        Register.
29



     page 24
                                                         Marriage Equality Bill 2012
                                     Family Court Act 1997 amended            Part 6

                                                                               s. 36



1                Part 6 -- Family Court Act 1997 amended
2    36.         Act amended
3                This Part amends the Family Court Act 1997.

4    37.         Section 5 amended
5          (1)   In section 5(1) insert in alphabetical order:
6

7                      Registrar of Births, Deaths and Marriages means the
8                      Registrar of Births, Deaths and Marriages appointed
9                      under the Births, Deaths and Marriages Registration
10                     Act 1998 section 5;
11                     same-sex marriage has the meaning given in the
12                     Marriage Equality Act 2012 section 3;
13                     same-sex marriage partner, in relation to a person,
14                     means a person who is married to the person in
15                     accordance with the Marriage Equality Act 2012;
16

17         (2)   In section 5(1) in the definition of Part 5A proceedings before
18               "de facto" (each occurrence) insert:
19

20               same-sex marriage or
21


22   38.         Section 65B amended
23               In section 65B(a) delete "parents" and insert:
24

25               parents, same-sex marriage partners
26




                                                                            page 25
     Marriage Equality Bill 2012
     Part 6          Family Court Act 1997 amended

     s. 39



1    39.       Section 65D amended
2              In section 65D after "relationship" insert:
3

4              or same-sex marriage
5


6    40.       Section 65F amended
7              In section 65F(5) before "de facto" insert:
8

9              same-sex marriage or
10


11   41.       Section 65H amended
12             In section 65H(1) and (2)(b) before "de facto" insert:
13

14             same-sex marriage or
15


16   42.       Section 65I amended
17             In section 65I(1)(a)(i) before "de facto" (each occurrence)
18             insert:
19

20             same-sex marriage or
21


22   43.       Section 65J amended
23             In section 65J(1) before "de facto" insert:
24

25             same-sex marriage or
26




     page 26
                                                    Marriage Equality Bill 2012
                                Family Court Act 1997 amended            Part 6

                                                                             s. 44



1    44.     Part 5B inserted
2            After section 205ZZA insert:
3


4                    Part 5B -- Same-sex marriages
5                     Division 1 -- Preliminary matters
6          206A.   Terms used
7                  In this Part --
8                  dissolution order means an order made under
9                  section 206E(3) for the dissolution of a same-sex
10                 marriage;
11                 dissolution proceeding means a proceeding
12                 commenced under section 206C(a);
13                 nullity declaration means a declaration of nullity of a
14                 same-sex marriage under section 206H(2).

15         Division 2 -- Proceedings for dissolution or annulment
16         206B.   Principles to be applied by court
17                 In the exercise of its jurisdiction under this Part, the
18                 court must have regard to --
19                   (a) the need to promote, preserve and protect the
20                         institution of same-sex marriage as the union of
21                         2 people of the same sex to the exclusion of all
22                         others voluntarily entered into for life; and
23                   (b) the need to ensure safety from family violence;
24                         and
25                   (c) the means available for assisting parties to a
26                         same-sex marriage to consider reconciliation or
27                         the improvement of their relationship to each
28                         other.



                                                                       page 27
     Marriage Equality Bill 2012
     Part 6          Family Court Act 1997 amended

     s. 44



1            206C.   Commencement of proceedings
2                    One or both parties to a same-sex marriage may apply
3                    to the court for --
4                      (a) a dissolution order; or
5                      (b) a nullity declaration; or
6                      (c) a declaration as to the validity of the same-sex
7                            marriage.

8            206D.   Additional requirements for application for
9                    dissolution order
10             (1)   An application for a dissolution order may not, without
11                   the leave of the court granted under subsection (2), be
12                   filed within the period of 2 years after the date of the
13                   same-sex marriage unless the application is
14                   accompanied by a certificate --
15                      (a) stating that the parties to the same-sex marriage
16                           have considered a reconciliation, with the
17                           assistance of a family counsellor; and
18                     (b) signed by the family counsellor.
19             (2)   If the court is satisfied that there are special
20                   circumstances by reason of which the hearing of an
21                   application for a dissolution order should proceed in
22                   the absence of a certificate referred to in subsection (1),
23                   the court may grant leave for the application to be filed.

24                    Division 3 -- Dissolution and nullity of
25                              same-sex marriage
26           206E.   Dissolution of same-sex marriage
27             (1)   An application under this Act for a dissolution order
28                   must be based on the ground that the same-sex
29                   marriage has broken down irretrievably.



     page 28
                                              Marriage Equality Bill 2012
                          Family Court Act 1997 amended            Part 6

                                                                        s. 44



1      (2)   Subject to subsection (4), in a dissolution proceeding,
2            the ground under subsection (1) has been established, if
3            the parties have separated and have lived separately
4            and apart for a continuous period of not less than
5            12 months immediately preceding the date of the filing
6            of the dissolution proceeding.
7      (3)   If satisfied that the ground under subsection (1) has
8            been established, the court must make a dissolution
9            order, unless subsection (4) applies.
10     (4)   If the court is satisfied that there is a reasonable
11           likelihood of cohabitation being resumed, it must not
12           make a dissolution order.

13   206F.   Meaning of separation
14     (1)   The parties to a same-sex marriage may be taken to
15           have separated despite the fact that the cohabitation
16           was brought to an end by the action or conduct of only
17           one of the parties.
18     (2)   The parties to a same-sex marriage may be held to have
19           separated and to have lived separately and apart despite
20           the fact that --
21             (a) they have continued to reside in the same
22                   residence; or
23             (b) either party has rendered some household
24                   services to the other.

25   206G.   Effect of resumption of cohabitation
26     (1)   For the purposes of a dissolution proceeding, if, after
27           the parties to the same-sex marriage separated, they
28           resumed cohabitation on one occasion but, within a
29           period of 3 months after the resumption of
30           cohabitation, they again separated and thereafter lived
31           separately and apart up to the date of the filing of the
32           application, the periods of living separately and apart

                                                                  page 29
     Marriage Equality Bill 2012
     Part 6          Family Court Act 1997 amended

     s. 44



1                     before and after the period of cohabitation may be
2                     aggregated as if they were one continuous period, but
3                     the period of cohabitation must not be taken to be part
4                     of the period of living separately and apart.
5               (2)   For the purposes of subsection (1), a period of
6                     cohabitation is taken to have continued during any
7                     interruption of the cohabitation that, in the opinion of
8                     the court, was not substantial.

9            206H.    Declaration of nullity of same-sex marriage
10              (1)   An application for a nullity declaration must be based
11                    on the ground that the same-sex marriage is void.
12              (2)   If the court is satisfied, on an application under
13                    section 206C(b), that a same-sex marriage is void
14                    under the Marriage Equality Act 2012, it must make a
15                    declaration that the same-sex marriage is nullified.

16           206I.    Court not to make dissolution order where
17                    application for nullity declaration before it
18                    If both an application for a nullity declaration and an
19                    application for a dissolution order in respect of the
20                    same-sex marriage are before the court, the court must
21                    not make a dissolution order unless it has dismissed the
22                    application for a nullity declaration.

23           206J.    When dissolution order takes effect
24              (1)   In this section --
25                    appeal, in relation to a dissolution order, means --
26                      (a) an appeal relating to --
27                               (i) the dissolution order; or
28                              (ii) an order under this section in relation to
29                                    the proceedings in which the dissolution
30                                    order was made;


     page 30
                                            Marriage Equality Bill 2012
                        Family Court Act 1997 amended            Part 6

                                                                    s. 44



1                  or
2           (b)    an application under section 206L or 206M for
3                  rescission of the dissolution order or an appeal
4                  or application for leave to appeal arising out of
5                  such an application.
6    (2)   Subject to this section, a dissolution order takes effect,
7          by force of this section, on --
8            (a) the day that is one month after the making of
9                 the dissolution order; or
10          (b) if another day is specified in any order made
11                under this section, on that day.
12   (3)   On its own motion or on the application of either or
13         both of the parties to a dissolution proceeding, the
14         court may --
15           (a) having regard to the possibility of an appeal or
16                 further appeal -- make an order extending the
17                 period at the expiration of which a dissolution
18                 order takes effect; or
19           (b) if it is satisfied that there are special
20                 circumstances that justify its so doing -- make
21                 an order reducing the period at the expiration of
22                 which a dissolution order takes effect.
23   (4)   If an appeal is commenced (whether or not it is the first
24         appeal) before a dissolution order takes effect, then,
25         despite any order in force under subsection (3) at the
26         time of the commencement of the appeal but subject to
27         any such order made after the commencement of the
28         appeal, the dissolution order, unless reversed or
29         rescinded, takes effect by force of this section, on the
30         later of --
31           (a) the day that is one month after the day on
32                  which the appeal is determined or discontinued;
33                  or


                                                                 page 31
     Marriage Equality Bill 2012
     Part 6          Family Court Act 1997 amended

     s. 44



1                     (b)    the day on which the order would have taken
2                            effect under subsection (2) if no appeal had
3                            been commenced.
4              (5)   Despite subsections (2), (3) and (4), if either of the
5                    parties to the same-sex marriage has died, a dissolution
6                    order does not take effect.
7              (6)   For the purposes of this section, if an application for
8                    leave to appeal is granted, the application must be
9                    taken not to have been determined or discontinued so
10                   long as an appeal is pending.

11           206K.   Certificate as to dissolution order taking effect
12             (1)   If a dissolution order takes effect, the Registrar must
13                   prepare and file with the court and with the Registrar of
14                   Births, Deaths and Marriages a memorandum of the
15                   fact and of the date on which the dissolution order took
16                   effect.
17             (2)   If a dissolution order takes effect, any person is
18                   entitled, on application to the Registrar, to receive a
19                   certificate signed by the Registrar that the dissolution
20                   order has taken effect.
21             (3)   A certificate given under subsection (2) is, in all courts
22                   and for all purposes, evidence of the matters specified
23                   in the certificate.

24           206L.   Rescission of dissolution order if parties reconciled
25             (1)   If the parties to a same-sex marriage in respect of
26                   which a dissolution order has been made have become
27                   reconciled before the dissolution order takes effect,
28                   they may apply to the court to rescind the dissolution
29                   order.
30             (2)   The court may make an order rescinding a dissolution
31                   order applied for under subsection (1), despite anything


     page 32
                                              Marriage Equality Bill 2012
                          Family Court Act 1997 amended            Part 6

                                                                       s. 44



1            to the contrary in this Part, on the ground that the
2            parties have become reconciled.

3    206M. Rescission of dissolution order on ground of
4          miscarriage of justice
5      (1)   If a dissolution order has been made but has not taken
6            effect, the court may, if it is satisfied that there has
7            been a miscarriage of justice by reason of fraud,
8            perjury, suppression of evidence or any other
9            circumstance --
10             (a) rescind the dissolution order; and
11             (b) if the court thinks fit, order that the proceedings
12                    be re-heard.
13     (2)   A rescission order under subsection (1) may be
14           made --
15            (a) on the application of a party to the proceedings;
16                   or
17            (b) on the intervention of the Attorney General.

18   206N.   Same-sex re-marriage
19           If a dissolution order has taken effect, a party to the
20           same-sex marriage may marry again.

21            Division 4 -- Application of Part 5A to
22                      same-sex marriage
23   206O.   Financial matters related to same-sex marriage
24           Part 5A, apart from section 205Z, applies in relation to
25           a same-sex marriage and the parties to a same-sex
26           marriage as if the same-sex marriage was a de facto
27           relationship, and the parties to the same-sex marriage
28           were de facto partners.
29




                                                                    page 33
    Marriage Equality Bill 2012
    Part 6          Family Court Act 1997 amended

    s. 45



1   45.       Section 235A amended
2             In section 235A(1) before "de facto" (each occurrence) insert:
3

4             same-sex marriage or
5




    page 34
                                                    Marriage Equality Bill 2012
                              Interpretation Act 1984 amended            Part 7

                                                                          s. 46



1          Part 7 -- Interpretation Act 1984 amended
2    46.   Act amended
3          This Part amends the Interpretation Act 1984.

4    47.   Section 5 amended
5          In section 5 insert in alphabetical order:
6

7                husband, of a male person who is married in
8                accordance with the Marriage Equality Act 2012, is the
9                person to whom the male person is married;
10               marriage includes a same-sex marriage as defined in
11               the Marriage Equality Act 2012 section 3;
12               wife, of a female person who is married in accordance
13               with the Marriage Equality Act 2012, is the person to
14               whom the female person is married;
15




                                                                      page 35
     Marriage Equality Bill 2012
     Part 8          Other Acts amended
     Division 1      Duties Act 2008 amended
     s. 48



1                     Part 8 -- Other Acts amended
2                   Division 1 -- Duties Act 2008 amended
3    48.       Act amended
4              This Division amends the Duties Act 2008.

5    49.       Section 128 amended
6              In section 128(1) insert in alphabetical order:
7

8                    marriage does not include same-sex marriage;
9                    same-sex marriage has the meaning given in the
10                   Marriage Equality Act 2012 section 3;
11                   same-sex marriage instrument has the meaning given
12                   in section 130A;
13                   same-sex matrimonial property, of a same-sex
14                   marriage, means property of the parties to the same-sex
15                   marriage or of either of them and includes a
16                   superannuation interest;
17


18   50.       Section 130A inserted
19             After section 129 insert:
20


21         130A.     Same-sex marriage instrument, defined
22                   A reference to a same-sex marriage instrument is to
23                   any of the following instruments to the extent it deals
24                   with same-sex matrimonial property --
25                     (a) a financial agreement or a former financial
26                           agreement, within the meaning of those terms
27                           in the Family Court Act section 205T as
28                           applied to same-sex marriages by the Family
29                           Court Act section 206O;

     page 36
                                                    Marriage Equality Bill 2012
                                           Other Acts amended            Part 8
                                      Duties Act 2008 amended       Division 1
                                                                           s. 51



1                   (b)    an order of a court under --
2                            (i) the Family Court Act Part 5A as applied
3                                 to same-sex marriages by the Family
4                                 Court Act section 206O; or
5                           (ii) a law of the Commonwealth or another
6                                 State or Territory that substantially
7                                 corresponds to the Family Court Act
8                                 Part 5A as applied to same-sex
9                                 marriages by the Family Court Act
10                                section 206O.
11


12   51.    Section 131 amended
13          After section 131(1) insert:
14

15         (2A)   Nominal duty is chargeable on a dutiable transaction to
16                the extent that it is --
17                  (a) effected by a same-sex marriage instrument
18                        referred to in section 130A(b); or
19                  (b) in accordance with a same-sex marriage
20                        instrument referred to in section 130A(a),
21                if --
22                   (c)   the parties to the same-sex marriage are
23                         separated or the same-sex marriage has been
24                         dissolved or has irretrievably broken down; and
25                  (d)    under the transaction, the same-sex matrimonial
26                         property is, or is to be, transferred to --
27                            (i) either, or both, of the parties to the
28                                 same-sex marriage; or
29                           (ii) a child, or children, of either of the
30                                 parties to the same-sex marriage, or a
31                                 trustee of such a child or children.
32



                                                                       page 37
     Marriage Equality Bill 2012
     Part 8          Other Acts amended
     Division 2      Guardianship and Administration Act 1990 amended
     s. 52



1    52.       Section 133 amended
2              After section 133(1) insert:
3

4           (2A)      For the purposes of this Subdivision, the Commissioner
5                     is to have regard to any statutory declaration by a party
6                     to the same-sex marriage to the effect that --
7                       (a) the party intends to apply for dissolution or
8                             annulment of the same-sex marriage; or
9                       (b) the parties to the same-sex marriage have
10                            separated and there is no reasonable likelihood
11                            of cohabitation being resumed.
12


13              Division 2 -- Guardianship and Administration
14                           Act 1990 amended
15   53.       Act amended
16             This Division amends the Guardianship and Administration
17             Act 1990.

18   54.       Section 45 amended
19             In section 45(3):
20               (a) after paragraph (da) insert:
21

22                    (db)   under the Marriage Equality Act 2012 sign a
23                           notice of intention to marry or take part in the
24                           solemnisation of a same-sex marriage;
25

26              (b)    after paragraph (da) delete "or".




     page 38
                                                           Marriage Equality Bill 2012
                                                  Other Acts amended            Part 8
                 Oaths, Affidavits and Statutory Declarations Act 2005     Division 3
                                                             amended
                                                                                  s. 55


1           Division 3 -- Oaths, Affidavits and Statutory Declarations
2                             Act 2005 amended
3    55.         Act amended
4                This Division amends the Oaths, Affidavits and Statutory
5                Declarations Act 2005.

6    56.         Schedule 2 amended
7          (1)   In Schedule 2 item 24 delete "of the Commonwealth." and insert:
8

9                (Commonwealth) or the Marriage Equality Act 2012.
10

11         (2)   In Schedule 2 item 26 delete "of the Commonwealth." and insert:
12

13               (Commonwealth).
14


15                     Division 4 -- Stamp Act 1921 amended
16   57.         Act amended
17               This Division amends the Stamp Act 1921.

18   58.         Section 112UA amended
19               In section 112UA(2) delete "Act." and insert:
20

21               Act or the Family Court Act.
22


23    Division 5 -- State Administrative Tribunal Act 2004 amended
24   59.         Act amended
25               This Division amends the State Administrative Tribunal
26               Act 2004.

                                                                              page 39
     Marriage Equality Bill 2012
     Part 8          Other Acts amended
     Division 6      Wills Act 1970 amended
     s. 60



1    60.       Schedule 1 amended
2              In Schedule 1 insert in alphabetical order:
3

4              Marriage Equality Act 2012
5


6                    Division 6 -- Wills Act 1970 amended
7    61.       Act amended
8              This Division amends the Wills Act 1970.

9    62.       Section 4 amended
10             In section 4 delete the definition of marriage and insert:
11

12                   marriage includes --
13                    (a) a marriage as defined in the Marriage Act 1961
14                         (Commonwealth); and
15                    (b) a same-sex marriage as defined in the Marriage
16                         Equality Act 2012 section 3;
17


18   63.       Section 14A amended
19             In section 14A(3)(a) delete "Act;" and insert:
20

21             Act or the Family Court Act 1997; or
22




     page 40
                                                                          Marriage Equality Bill 2012



                                                                                                Defined Terms



                                      Defined Terms
      [This is a list of terms defined and the provisions where they are defined.
                             The list is not part of the law.]
Defined Term                                                                                            Provision(s)
adopted ............................................................................................................ 6(1)
ancesto ............................................................................................................. 6(1)
authorised celebrant ..............................................................................................3
conjugal status declaration....................................................................................3
marriage celebrant ..............................................................................................21
minister of religion ...............................................................................................3
notice of intention to marry ..................................................................................3
ordinarily resident.................................................................................................3
person 1 ......................................................................................................... 19(4)
person 2 ......................................................................................................... 19(4)
prescribed .............................................................................................................3
prohibited relationship ..................................................................................... 6(3)
Registrar ...............................................................................................................3
same-sex marriage ................................................................................................3
same-sex marriage celebrant.................................................................................3




 


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