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