Comparison between the current Marriage Act 1961 the ALP sponsored Marriage Amendment Bill 2012 & the Greens Sponsored Marriage Equality Amendment Bill 2012.

Changed language is underlined

Current Marriage Act 1961

Under the Marriage Amendment Bill 2012  (ALP-Sponsored)

Under the Marriage Equality Amendment Bill 2012 (Greens-Sponsored)

Section 5(1)

"marriage" means the union of a man and a woman to the exclusion of all others, voluntarily entered into for life

Section 5(1)

marriage means the union of two people, regardless of their sex, to the exclusion of all others, voluntarily entered into for life

Section 5(1)

marriage means the union of two people, regardless of their sex, sexual orientation or gender identity, to the exclusion of all others, voluntarily entered into for life

Section 45(2)  

Where a marriage is solemnised by or in the presence of an authorised celebrant, not being a minister of religion, it is sufficient if each of the parties says to the other, in the presence of the authorised celebrant and the witnesses, the words:

"I call upon the persons here present to witness that I, A.B. ( or C.D.), take thee, C.D. ( or A.B.), to be my lawful wedded wife ( or husband)";

or words to that effect.

Section 45(2)

This bill does not amend this section

Section 45(2)

Where a marriage is solemnised by or in the presence of an authorised celebrant, not being a minister of religion, it is sufficient if each of the parties says to the other, in the presence of the authorised celebrant and

the witnesses, the words:

"I call upon the persons here present to witness that I, A.B. ( or C.D.), take thee, C.D. ( or A.B.), to be my lawful wedded wife ( or husband, or partner)";

or words to that effect.

Section 46(1) 

Subject to subsection (2), before a marriage is solemnised by or in the presence of an authorised celebrant, not being a minister of religion of a recognised denomination, the authorised celebrant shall say to the parties, in the presence of the witnesses, the words:

"I am duly authorised by law to solemnise marriages according to law. Before you are joined in marriage in my presence and in the presence of these witnesses, I am to remind you of the solemn and binding nature of the relationship into which you are now about to enter.

"Marriage, according to law in Australia, is the union of a man and a woman to the exclusion of all others, voluntarily entered into for life.";

 

or words to that effect.

Section 46(1) 

Subject to subsection (2), before a marriage is solemnised by or in the presence of an authorised celebrant, not being a minister of religion of a recognised denomination, the authorised celebrant shall say to the parties, in the presence of the witnesses, the words:

"I am duly authorised by law to solemnise marriages according to law. Before you are joined in marriage in my presence and in the presence of these witnesses, I am to remind you of the solemn and binding nature of the relationship into which you are now about to enter.”

"Marriage, according to law in Australia, is the union of two people to the exclusion of all others, voluntarily entered into for life.";

or words to that effect.

Section 46(1) 

Subject to subsection (2), before a marriage is solemnised by or in the presence of an authorised celebrant, not being a minister of religion of a recognised denomination, the authorised celebrant shall say to the parties, in the presence of the witnesses, the words:

"I am duly authorised by law to solemnise marriages according to law. Before you are joined in marriage in my presence and in the presence of these witnesses, I am to remind you of the solemn and binding nature of the relationship into which you are now about to enter.

"Marriage, according to law in Australia, is the union of two people to the exclusion of all others, voluntarily entered into for life.";

or words to that effect.

Section 47    

Nothing in this Part:

  1.  imposes an obligation on an authorised celebrant, being a minister of religion, to solemnise any marriage; or

  1. prevents such an authorised celebrant from making it a condition of his or her solemnising a marriage that:

  1. longer notice of intention to marry than that required by this Act is given; or
  2. requirements additional to those provided by this Act are observed.

Section 47    

Nothing in this Part:

  1. imposes an obligation on an authorised celebrant, being a minister of religion, to solemnise any marriage; or

  1. imposes an obligation on an authorised celebrant, being a minister of religion, to solemnise a marriage where the parties to the marriage are of the same sex; or

  1. prevents such an authorised celebrant from making it a condition of his or her solemnising a marriage that:

  1. longer notice of intention to marry than that required by this Act is given; or
  2. requirements additional to those provided by this Act are observed.

Section 47      

Nothing in this Part or in any other law: 

  1. imposes an obligation on an authorised celebrant, being a minister of religion, to solemnise any marriage; or

  1. prevents such an authorised celebrant from making it a condition of his or her solemnising a marriage that:

  1. longer notice of intention to marry than that required by this Act is given; or
  2. requirements additional to those provided by this Act are observed.

Section 72 (2)

Unless, having regard to the form and ceremony of the marriage, the chaplain considers it unnecessary for the parties to the marriage to do so, each of the parties shall, in some part of the ceremony and in the presence of the chaplain and the witnesses, say to each other the words:

"I call upon the persons here present to witness that I, A.B. ( or C.D.), take thee, C.D. ( or A.B.), to be my lawful wedded wife ( or husband)";

or words to that effect.

Section 72 (2)

This bill does not amend this section

Section 72 (2)

Unless, having regard to the form and ceremony of the marriage, the chaplain considers it unnecessary for the parties to the marriage to do so, each of the parties shall, in some part of the ceremony and in the presence of the chaplain and the witnesses, say to each other the words:

"I call upon the persons here present to witness that I, A.B. ( or C.D.), take thee, C.D. ( or A.B.), to be my lawful wedded wife ( or husband, or partner)";

or words to that effect

Section 88EA  

A union solemnised in a foreign country between:

  1. a man and another man; or
  2. a woman and another woman;

must not be recognised as a marriage in Australia.

Section 88EA  

This section is to be deleted entirely          

Section 88EA  

This section is to be deleted entirely          

Part III of the Schedule Table Item 1                                                                      

Where the minor was adopted by a husband and wife jointly…..

Part III of the Schedule Table Item 1                                                                    

Where the minor was adopted by two people jointly…..

Part III of the Schedule Table Item 1                                                                        

Where the minor was adopted by two people jointly…..

Stand-alone provisions only in the Greens-sponsored Bill                             

(these apply by force of the amending Act, they do not become part of the amended  Marriage Act) (however, this amending Act would remain in force or would, in any event, guide a court's interpretation of the amended Marriage Act under the Acts Interpretation Act )

8  Application—ministers of religion

To avoid doubt, the amendments made by this Schedule do not limit the effect of section 47 (ministers of religion not bound to solemnise marriage etc.) of the Marriage Act 1961.

9  Regulations may make consequential amendments of Acts

  1. The Governor-General may make regulations amending Acts (other than the Marriage Act 1961 ) being amendments that are onsequential on, or that otherwise relate to, the enactment of this Act.

  1. For the purposes of the Amendments Incorporation Act 1905 , amendments made by regulations for the purposes of this item are to be treated as if they had been made by an Act.

Note: Subitem (2) ensures that amendments can be incorporated into reprints of Acts.