Marriage Amendment Act 2004

No. 126, 2004

An Act to amend the Marriage Act 1961, and for related purposes

Marriage Amendment Act 2004

No. 126, 2004

An Act to amend the Marriage Act 1961, and for related purposes

[Assented to 16 August 2004]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Marriage Amendment Act 2004.

2 Commencement

This Act commences on the day on which it receives the Royal Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendment of the Marriage Act 1961

1 Subsection 5(1)

Insert:

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

2 At the end of section 88B

Add:

(4) To avoid doubt, in this Part (including section 88E) marriage has the meaning given by subsection 5(1).

3 After section 88E

Insert:

88EA Certain unions are not marriages

A union solemnised in a foreign country between:

(a) a man and another man; or

(b) a woman and another woman;

must not be recognised as a marriage in Australia.