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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Same-Sex Marriage Bill 2013
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 2
Part 2 -- Same-sex marriage
Division 1 -- Same-sex marriage eligibility
4. Application of Division 4
5. Eligibility to same-sex marry 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. 7
10. Notice to be given and declaration made 7
11. Solemnisation of same-sex marriages 10
12. When and where same-sex marriage may be
solemnised 10
13. Witnesses 11
14. Form of ceremony 11
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 12
58--1 page i
Same-Sex Marriage Bill 2013
Contents
17. Authorised celebrant to retain notices and
declarations 13
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 20
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
Same-Sex Marriage Bill 2013
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
Same-Sex Marriage Bill 2013
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 MacLaren, MLC)
Same-Sex Marriage Bill 2013
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
Same-Sex Marriage Bill 2013
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Same-Sex Marriage Act 2013.
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 married under Commonwealth law includes being married
18 under a law of another jurisdiction in a marriage that is
19 recognised by the Commonwealth as a valid marriage;
20 minister of religion means --
21 (a) a person recognised by a religious body or a religious
22 organisation as having authority to solemnise marriages
23 in Australia in accordance with the rites or customs of
24 the body or organisation; or
25 (b) in relation to a religious body or a religious organisation
26 in respect of which paragraph (a) is not applicable, a
27 person nominated by --
28 (i) the head, or the governing authority, in a State or
29 Territory, of that body or organisation; or
page 2
Same-Sex Marriage Bill 2013
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 same-sex marry means the notice
6 required under 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
Same-Sex Marriage Bill 2013
Part 2 Same-sex marriage
Division 1 Same-sex marriage eligibility
s. 4
1 Part 2 -- Same-sex marriage
2 Division 1 -- Same-sex marriage eligibility
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. Eligibility to same-sex marry
7 Two persons are eligible to be same-sex married under this Act
8 if --
9 (a) they are of the same sex; and
10 (b) both have reached 18 years of age; and
11 (c) neither person is same-sex married under this Act or
12 under the law of another State or Territory; and
13 (d) neither person is married under Commonwealth law;
14 and
15 (e) they are not in a prohibited relationship.
16 Division 2 -- Void same-sex marriages
17 6. Grounds on which same-sex marriages are void
18 (1) In this section --
19 adopted, in relation to a child, means adopted under the law of
20 any place (whether in or out of Australia) relating to the
21 adoption of children;
22 ancestor, in relation to a person, means someone from whom
23 the person is descended, including a parent of the person.
24 (2) A same-sex marriage is void if --
25 (a) either of the parties was, at the time the same-sex
26 marriage was entered into, same-sex married to some
27 other person under this Act or the law of another State
28 or Territory; or
page 4
Same-Sex Marriage Bill 2013
Same-sex marriage Part 2
Void same-sex marriages Division 2
s. 6
1 (b) either of the parties subsequently marries some other
2 person under Commonwealth law; or
3 (c) the parties are within a prohibited relationship; or
4 (d) the same-sex marriage is invalid under section 16; or
5 (e) the consent of either of the parties was not a real consent
6 because --
7 (i) it was obtained by duress or fraud; or
8 (ii) that party was mistaken as to the identity of the
9 other party or as to the nature of the ceremony
10 performed; or
11 (iii) that party was mentally incapable of
12 understanding the nature and effect of the
13 same-sex marriage ceremony;
14 or
15 (f) either of the parties has not reached 18 years of age,
16 and not otherwise.
17 (3) For the purposes of subsection (2)(b) a prohibited relationship
18 is a relationship --
19 (a) between a person and an ancestor or descendant of the
20 person; or
21 (b) between a person and a sibling of the person (whether of
22 the whole blood or the half blood).
23 (4) Any relationship specified in subsection (3) --
24 (a) includes a relationship traced through, or to, a person
25 who is or was an adopted child; and
26 (b) for the purposes of paragraph (a), the relationship
27 between an adopted child and the adoptive parent, or
28 each of the adoptive parents, of the child, will be
29 deemed to be or to have been the natural relationship of
30 child and parent.
page 5
Same-Sex Marriage Bill 2013
Part 2 Same-sex marriage
Division 3 Solemnisation of same-sex marriages in Western Australia
s. 7
1 (5) Nothing in subsection (4) makes it lawful for a person to marry
2 someone whom the person could not lawfully have married if
3 that subsection had not been enacted.
4 (6) For the purposes of this section --
5 (a) a person who has at any time been adopted by another
6 person will be deemed to remain the adopted child of
7 that other person despite the fact that any order by which
8 the adoption was effected has been annulled, cancelled
9 or discharged or that the adoption has for any other
10 reason ceased to be effective; and
11 (b) a person who has been adopted on more than one
12 occasion will be deemed to be the adopted child of each
13 person by whom he or she has been adopted.
14 Division 3 -- Solemnisation of same-sex marriages in
15 Western Australia
16 7. Application of Division
17 (1) This Division applies to and in relation to all same-sex
18 marriages solemnised, or intended to be solemnised, in Western
19 Australia.
20 (2) This Division applies to any person in Western Australia,
21 whether or not the person is ordinarily resident in Western
22 Australia.
23 8. Same-sex marriages to be solemnised by authorised
24 celebrant
25 A same-sex marriage must be solemnised by, or in the presence
26 of, an authorised celebrant who is authorised to solemnise
27 same-sex marriages at the place where the marriage takes place.
page 6
Same-Sex Marriage Bill 2013
Same-sex marriage Part 2
Solemnisation of same-sex marriages in Western Australia Division 3
s. 9
1 9. Ministers of religion not bound to solemnise same-sex
2 marriage etc.
3 Nothing in this Part --
4 (a) imposes an obligation on an authorised celebrant, being
5 a minister of religion, to solemnise any same-sex
6 marriage; or
7 (b) prevents such an authorised celebrant from making it a
8 condition of his or her solemnising a same-sex marriage
9 that --
10 (i) longer notice of intention to same-sex marry than
11 that required by this Act is given; or
12 (ii) requirements additional to those provided by this
13 Act are observed.
14 10. Notice to be given and declaration made
15 (1) Subject to this section, a same-sex marriage must not be
16 solemnised unless --
17 (a) notice in writing of the intended same-sex marriage has
18 been given in accordance with this section and has been
19 received by the authorised celebrant solemnising the
20 same-sex marriage --
21 (i) not earlier than 18 months before the date of the
22 same-sex marriage; and
23 (ii) not later than one month before the date of the
24 same-sex marriage;
25 and
26 (b) the authorised celebrant has been given, in respect of
27 each of the parties --
28 (i) an official certificate, or an official extract of an
29 entry in an official register, showing the date and
30 place of birth of the party; or
page 7
Same-Sex Marriage Bill 2013
Part 2 Same-sex marriage
Division 3 Solemnisation of same-sex marriages in Western Australia
s. 10
1 (ii) a passport issued by a government of an overseas
2 country, showing the date and place of birth of
3 the party; or
4 (iii) a statutory declaration made by the party or a
5 parent of the party stating --
6 (I) that, for reasons specified in the
7 declaration, it is impracticable to obtain
8 a certificate or extract referred to in
9 subparagraph (i); and
10 (II) to the best of the declarant's knowledge
11 and belief and as accurately as the
12 declarant has been able to ascertain,
13 when and where the party was born;
14 and
15 (c) each of the parties has made and subscribed before that
16 authorised celebrant a declaration, in accordance with
17 the prescribed form, as to --
18 (i) the party's conjugal status; and
19 (ii) the party's belief that there is no legal
20 impediment to the same-sex marriage; and
21 (iii) any other prescribed matters.
22 (2) A notice of intention to same-sex marry must be --
23 (a) in the prescribed form and include the prescribed
24 particulars; and
25 (b) signed by each of the parties on the same side of the one
26 piece of paper in the presence of --
27 (i) an authorised celebrant; or
28 (ii) a person who is an authorised witness for an
29 affidavit under the Oaths, Affidavits and
30 Statutory Declarations Act 2005.
31 (3) If a party to an intended same-sex marriage is unable to sign the
32 notice of intention to same-sex marry under subsection (2)(b) by
page 8
Same-Sex Marriage Bill 2013
Same-sex marriage Part 2
Solemnisation of same-sex marriages in Western Australia Division 3
s. 10
1 the time the notice is required under this section, a notice of
2 intention to same-sex marry signed by the other party and
3 otherwise complying with the provisions of this section is, if it
4 is signed by the first mentioned party in the presence of an
5 authorised celebrant before the same-sex marriage is
6 solemnised, taken to be a sufficient notice.
7 (4) A notice of intention to same-sex marry is not ineffective for the
8 purposes of this section if --
9 (a) a party to the intended same-sex marriage is unable,
10 after reasonable inquiry, to ascertain all of the
11 particulars in relation to that party required to be
12 included in the notice; and
13 (b) at any time before the same-sex marriage is solemnised,
14 that party provides the authorised celebrant solemnising
15 the same-sex marriage with a statutory declaration --
16 (i) explaining that party's inability to ascertain the
17 particulars not included in the notice; and
18 (ii) the reason for that inability.
19 (5) As soon as practicable after receiving a notice of intention to
20 same-sex marry, an authorised celebrant must give the parties a
21 document in the prescribed form --
22 (a) outlining the obligations and consequences of same-sex
23 marriage; and
24 (b) indicating the availability of same-sex marriage
25 education and counselling.
26 (6) An authorised celebrant may --
27 (a) permit an error in a notice of intention to same-sex
28 marry to be corrected in his or her presence by either of
29 the parties at any time before the same-sex marriage to
30 which it relates has been solemnised; and
31 (b) treat the notice as corrected as having been originally
32 given in its corrected form.
page 9
Same-Sex Marriage Bill 2013
Part 2 Same-sex marriage
Division 3 Solemnisation of same-sex marriages in Western Australia
s. 11
1 (7) If a conjugal status declaration made by a party states that that
2 party is a divorced person or a widow or widower, an authorised
3 celebrant must not solemnise the same-sex marriage unless
4 there is produced to him or her evidence of that party's divorce,
5 or of the death of that party's spouse, as the case requires.
6 11. Solemnisation of same-sex marriages
7 (1) A same-sex marriage may be solemnised by any authorised
8 celebrant who has possession of the notice of intention to same-
9 sex marry if, by reason of the death, absence or illness of the
10 authorised celebrant to whom the notice of intention to same-
11 sex marry has been given, or for any other reason, it is
12 impracticable for that person to solemnise the same-sex
13 marriage.
14 (2) An authorised celebrant must not solemnise a same-sex
15 marriage --
16 (a) unless the authorised celebrant has satisfied himself or
17 herself that the parties are the parties referred to in the
18 notice of intention to same-sex marry in relation to the
19 same-sex marriage; or
20 (b) if the authorised celebrant has reason to believe that any
21 of the following documents in relation to the same-sex
22 marriage contains a false statement or is defective --
23 (i) a notice of intention to same-sex marry;
24 (ii) a conjugal status declaration;
25 (iii) a statutory declaration required under section 10.
26 12. When and where same-sex marriage may be solemnised
27 A same-sex marriage may be solemnised --
28 (a) on any day; and
29 (b) at any time; and
30 (c) at any place.
page 10
Same-Sex Marriage Bill 2013
Same-sex marriage Part 2
Solemnisation of same-sex marriages in Western Australia Division 3
s. 13
1 13. Witnesses
2 A same-sex marriage must not be solemnised unless at least
3 2 persons who have, or appear to the person solemnising the
4 same-sex marriage to have, reached 18 years of age are present
5 as witnesses.
6 14. Form of ceremony
7 (1) If a same-sex marriage is solemnised by or in the presence of an
8 authorised celebrant who is a minister of religion, it may be
9 solemnised according to any form and ceremony recognised as
10 sufficient for the purpose by the religious body or organisation
11 of which he or she is a minister.
12 (2) If a same-sex marriage is solemnised by or in the presence of an
13 authorised celebrant other than a minister of religion, it is
14 sufficient if each of the parties says to the other, in the presence
15 of the authorised celebrant and the witnesses, the words, or
16 words to the effect of --
17 "I call upon the persons here present to witness that I,
18 [name of party], take thee, [name of other party], to be
19 my lawful wedded spouse (or husband or wife according
20 to the terms preferred by the parties).".
21 15. Certain authorised celebrants to explain nature of same-sex
22 marriage relationship
23 Before a same-sex marriage is solemnised by or in the presence
24 of an authorised celebrant other than a minister of religion, the
25 authorised celebrant must say to the parties, in the presence of
26 the witnesses, the words or words to the effect of --
27 "I am duly authorised by law to solemnise same-sex
28 marriages according to law.
29 Before you are joined in marriage in my presence and in
30 the presence of these witnesses, I am to remind you of
31 the solemn and binding nature of the relationship into
32 which you are now about to enter.
page 11
Same-Sex Marriage Bill 2013
Part 2 Same-sex marriage
Division 3 Solemnisation of same-sex marriages in Western Australia
s. 16
1 Same-sex marriage, according to law in Western
2 Australia, is the lawful union of 2 persons of the same
3 sex to the exclusion of all others, voluntarily entered
4 into for life.".
5 16. Certain same-sex marriages not solemnised in accordance
6 with this Division are invalid
7 (1) Subject to this section, a same-sex marriage solemnised
8 otherwise than in accordance with this Division is not a valid
9 same-sex marriage.
10 (2) A same-sex marriage is not invalid by reason of all or any of the
11 following --
12 (a) failure to give a notice of intention to same-sex marry;
13 (b) a false statement, defect or error in a notice of intention
14 to same-sex marry;
15 (c) failure of the parties, or either of them, to make or sign a
16 conjugal status declaration;
17 (d) a false statement, defect or error in a conjugal status
18 declaration;
19 (e) failure to produce to the authorised celebrant a
20 certificate or extract of an entry or a statutory
21 declaration as required by section 10;
22 (f) a false statement, defect or error in a statutory
23 declaration under section 10;
24 (g) failure to comply with any other requirement of
25 section 10 or 11, or any contravention of those sections;
26 (h) failure to comply with the requirements of section 13, 14
27 or 15.
28 (3) A same-sex marriage is not invalid by reason that the person
29 solemnising it was not authorised by this Act to do so, if either
30 party to the same-sex marriage, at the time the same-sex
31 marriage was solemnised, believed that that person was lawfully
32 authorised to solemnise it.
page 12
Same-Sex Marriage Bill 2013
Same-sex marriage Part 2
Solemnisation of same-sex marriages in Western Australia Division 3
s. 17
1 (4) If subsection (3) applies, the form and ceremony of the
2 same-sex marriage is taken to have been sufficient if the form
3 and ceremony demonstrated an intention on the part of each of
4 the parties to become thereby the lawfully wedded spouse of the
5 other.
6 17. Authorised celebrant to retain notices and declarations
7 An authorised celebrant to whom a notice of intention to same-
8 sex marry or conjugal status declaration is given must retain it
9 in his or her possession until he or she deals with it in
10 accordance with section 18.
11 18. Same-sex marriage certificates
12 (1) If an authorised celebrant solemnises a same-sex marriage, the
13 authorised celebrant must --
14 (a) prepare a certificate of the same-sex marriage, in the
15 prescribed form, for the purpose of issue to the parties to
16 the marriage; and
17 (b) prepare 2 official certificates of same-sex marriage in
18 accordance with the prescribed form.
19 (2) Immediately after the solemnisation of the same-sex marriage,
20 the authorised celebrant, each of the parties to the same-sex
21 marriage and the 2 witnesses under section 13 must sign each of
22 the certificates.
23 (3) One of the official certificates must be on the reverse side of the
24 paper bearing the conjugal status declarations.
25 (4) The authorised celebrant must hand the certificate referred to in
26 subsection (1)(a) to one of the parties to the same-sex marriage
27 on behalf of the parties and --
28 (a) within 14 days after the solemnisation of the same-sex
29 marriage, forward the official certificate referred to in
30 subsection (3), together with the notice of intention to
31 same-sex marry and conjugal status declarations to the
32 Registrar in accordance with the regulations; and
page 13
Same-Sex Marriage Bill 2013
Part 2 Same-sex marriage
Division 4 Offences
s. 19
1 (b) retain the other official certificate and deal with it in
2 accordance with the regulations (if any).
3 (5) If the authorised celebrant dies without having prepared and
4 signed the certificates of same-sex marriage, or if due to other
5 special circumstances the Minister thinks it is necessary to do
6 so, the Minister may, if satisfied that the same-sex marriage was
7 duly solemnised, prepare and sign the certificates with any
8 appropriate modifications.
9 (6) A certificate prepared and signed by the Minister under
10 subsection (5) has the same force and effect as if it had been
11 prepared and signed, in accordance with this section, by the
12 authorised celebrant.
13 Division 4 -- Offences
14 19. Bigamy
15 (1) A person who is married must not go through a form or
16 ceremony of same-sex marriage with any person.
17 Penalty: imprisonment for 5 years.
18 (2) It is a defence to a prosecution for an offence against
19 subsection (1) if the defendant proves that --
20 (a) at the time of the alleged offence, the defendant believed
21 that his or her spouse was dead; and
22 (b) the defendant had reasonable grounds for that belief,
23 having regard to the time for which the defendant's
24 spouse had been absent from the defendant and the
25 circumstances of that absence.
26 (3) For the purposes of subsection (2), it is sufficient proof of the
27 matters referred to in subsection (2)(b) if the defendant proves
28 that --
29 (a) the defendant's spouse had been continually absent from
30 the defendant for the period of 7 years immediately
31 preceding the date of the alleged offence; and
page 14
Same-Sex Marriage Bill 2013
Same-sex marriage Part 2
Second ceremonies Division 5
s. 20
1 (b) at the time of the alleged offence, the defendant had no
2 reason to believe that the defendant's spouse had been
3 alive at any time within that period.
4 (4) A person (person 1) must not go through a form or ceremony of
5 same-sex marriage with a person (person 2) who is married if
6 person 1 knows, or has reasonable grounds to believe, that the
7 person 2 is married.
8 Penalty: imprisonment for 5 years.
9 (5) It is not an offence against this section for a person in
10 accordance with section 20 to go through a form or ceremony of
11 same-sex marriage with that person's own spouse.
12 (6) In a prosecution for an offence against this section, the spouse
13 of the accused person is a competent and compellable witness
14 for either the prosecution or the defence.
15 (7) In a prosecution for an offence against this section, the fact that,
16 at the time of the alleged offence, a person was married will not
17 be taken to have been proved if the only evidence of the fact is
18 the evidence of the other party to the alleged marriage.
19 Division 5 -- Second ceremonies
20 20. Second same-sex marriage ceremonies
21 (1) Except in accordance with this section --
22 (a) persons who are already legally married to each other
23 must not go through a form or ceremony of same-sex
24 marriage with each other; and
25 (b) an authorised celebrant must not purport to solemnise a
26 same-sex marriage between persons --
27 (i) who inform the authorised celebrant that they are
28 already legally married to each other; or
29 (ii) whom the authorised celebrant knows or has
30 reason to believe to be already legally married to
31 each other.
page 15
Same-Sex Marriage Bill 2013
Part 2 Same-sex marriage
Division 5 Second ceremonies
s. 20
1 (2) Subject to this section, 2 persons may go through a form or
2 ceremony of same-sex marriage with each other as if they had
3 not previously gone through a form or ceremony of same-sex
4 marriage with each other if --
5 (a) those 2 persons have gone through a form or ceremony
6 of same-sex marriage with each other, whether before or
7 after the commencement of this Act; and
8 (b) there is a doubt --
9 (i) whether those persons are legally married to each
10 other; or
11 (ii) if the form or ceremony of same-sex marriage
12 took place outside Western Australia -- whether
13 the same-sex marriage would be recognised as
14 valid by a court in Western Australia; or
15 (iii) whether their same-sex marriage could be proved
16 in legal proceedings.
17 (3) If 2 persons wish to go through a form or ceremony of same-sex
18 marriage with each other under subsection (2), they each must
19 give to the authorised celebrant by whom, or in whose presence,
20 the form or ceremony is to take place or be performed --
21 (a) a statutory declaration by them stating that they have
22 previously gone through a form or ceremony of
23 same-sex marriage with each other and specifying the
24 date on which, the place at which and the circumstances
25 in which they went through that form or ceremony; and
26 (b) a certificate by an Australian legal practitioner, being a
27 certificate endorsed on the statutory declaration, that, on
28 the facts stated in the declaration, there is, in his or her
29 opinion, a doubt as to one of the matters specified in
30 subsection (2)(b).
page 16
Same-Sex Marriage Bill 2013
Same-sex marriage Part 2
Second ceremonies Division 5
s. 20
1 (4) The authorised celebrant by whom or in whose presence a form
2 or ceremony of same-sex marriage takes place or is performed
3 under subsection (2) must make an endorsement in accordance
4 with the regulations (if any) on each certificate issued in respect
5 of that form or ceremony.
6 (5) A same-sex marriage which takes place under subsection (2) is
7 not invalid by reason of any failure to comply with the
8 requirements of subsection (3) or (4).
9 (6) Nothing in this Act will be taken to prevent 2 persons who are
10 already legally married to each other from going through a
11 religious ceremony of same-sex marriage with each other in
12 Western Australia if those persons have --
13 (a) produced to the person by whom or in whose presence
14 the ceremony is to be performed a certificate of their
15 existing same-sex marriage; and
16 (b) given that person a statement in writing, signed by them
17 and witnessed by that person, that --
18 (i) they have previously gone through a form or
19 ceremony of same-sex marriage with each other;
20 and
21 (ii) they are the parties mentioned in the certificate
22 of same-sex marriage produced with the
23 statement; and
24 (iii) they have no reason to believe that they are not
25 legally married to each other or, if their same-sex
26 marriage took place outside Western Australia,
27 they have no reason to believe that it would not
28 be recognised as valid in Western Australia.
page 17
Same-Sex Marriage Bill 2013
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
Same-Sex Marriage Bill 2013
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.
page 19
Same-Sex Marriage Bill 2013
Part 3 Authorised celebrants
Division 2 Public service officers
s. 26
1 Division 2 -- Public service officers
2 26. Authorisation of public service officers
3 (1) The Registrar may solemnise same-sex marriages in Western
4 Australia.
5 (2) The Minister may, by instrument in writing, authorise other
6 officers of the Public Service to solemnise same-sex marriages.
7 (3) An authorisation under subsection (2) is subject to any
8 conditions specified in the instrument.
page 20
Same-Sex Marriage Bill 2013
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
Same-Sex Marriage Bill 2013
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
Same-Sex Marriage Bill 2013
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 Same-
21 Sex Marriage Act 2013 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
Same-Sex Marriage Bill 2013
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 Same-Sex Marriage Act 2013 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
Same-Sex Marriage Bill 2013
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 Same-
12 Sex Marriage Act 2013 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 Same-Sex Marriage Act 2013;
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
Same-Sex Marriage Bill 2013
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
Same-Sex Marriage Bill 2013
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
Same-Sex Marriage Bill 2013
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
Same-Sex Marriage Bill 2013
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
Same-Sex Marriage Bill 2013
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 Same-Sex Marriage Act 2013, 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;
31 or
page 30
Same-Sex Marriage Bill 2013
Family Court Act 1997 amended Part 6
s. 44
1 (b) an application under section 206L or 206M for
2 rescission of the dissolution order or an appeal
3 or application for leave to appeal arising out of
4 such an application.
5 (2) Subject to this section, a dissolution order takes effect,
6 by force of this section, on --
7 (a) the day that is one month after the making of
8 the dissolution order; or
9 (b) if another day is specified in any order made
10 under this section, on that day.
11 (3) On its own motion or on the application of either or
12 both of the parties to a dissolution proceeding, the
13 court may --
14 (a) having regard to the possibility of an appeal or
15 further appeal -- make an order extending the
16 period at the expiration of which a dissolution
17 order takes effect; or
18 (b) if it is satisfied that there are special
19 circumstances that justify its so doing -- make
20 an order reducing the period at the expiration of
21 which a dissolution order takes effect.
22 (4) If an appeal is commenced (whether or not it is the first
23 appeal) before a dissolution order takes effect, then,
24 despite any order in force under subsection (3) at the
25 time of the commencement of the appeal but subject to
26 any such order made after the commencement of the
27 appeal, the dissolution order, unless reversed or
28 rescinded, takes effect by force of this section, on the
29 later of --
30 (a) the day that is one month after the day on
31 which the appeal is determined or discontinued;
32 or
page 31
Same-Sex Marriage Bill 2013
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
Same-Sex Marriage Bill 2013
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
Same-Sex Marriage Bill 2013
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
Same-Sex Marriage Bill 2013
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 Same-Sex Marriage Act 2013, is
9 the person to whom the male person is married;
10 marriage includes a same-sex marriage as defined in
11 the Same-Sex Marriage Act 2013 section 3;
12 wife, of a female person who is married in accordance
13 with the Same-Sex Marriage Act 2013, is the person to
14 whom the female person is married;
15
page 35
Same-Sex Marriage Bill 2013
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 Same-
10 Sex Marriage Act 2013 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
Same-Sex Marriage Bill 2013
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
Same-Sex Marriage Bill 2013
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 Same-Sex Marriage Act 2013 sign a
23 notice of intention to same-sex marry or take
24 part in the solemnisation of a same-sex
25 marriage;
26
27 (b) after paragraph (da) delete "or".
page 38
Same-Sex Marriage Bill 2013
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 Same-Sex Marriage Act 2013.
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
Same-Sex Marriage Bill 2013
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 Same-Sex Marriage Act 2013
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 Same-Sex
16 Marriage Act 2013 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
23
page 40
Same-Sex Marriage Bill 2013
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 same-sex 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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