Chapter 5 In conclusion

5.1                   This was an inquiry held to examine legal and social issues relating to the two bills, and the effectiveness of each bill in achieving its stated purpose. It was not an inquiry to determine the merits of same-sex marriage. It is for the Parliament to determine the passage of the bill and this report aims to inform the Parliament in its debate on the text and outcome of each bill.

5.2                   While the intent of both bills is to legalise same-sex marriage, the bills feature differences in wording. The report has provided comments in regards to the capacity of each bill to achieve its purpose of removing discrimination in the Marriage Act 1961 (Cth) and legalising same-sex marriage. 

5.3                   As the Parliament will debate these bills, the Parliament may wish to note the following amendments suggested by the evidence taken during the course of the inquiry.

5.4                   The Marriage Equality Amendment Bill 2012 should be amended as follows:

n  remove the words ‘regardless of their sex, sexual orientation or gender identity’ in the definition in Item 1; and

n  replace the Objects with the words ‘The object of this Act is to amend the Marriage Act 1961 to ensure equal access to marriage for all couples who have a mutual commitment to a shared life’.

5.5                   The Marriage Amendment Bill 2012 should be amended as follows:

n  remove the words ‘regardless of their sex’ in the definition in Item 1;

n  remove the word ‘adult’ in the Objects;

n  after ‘Part’, insert ‘or in any other law’ in Section 47;

n  remove Item 3 in Schedule 1; and

n  insert an additional item in Schedule 1 that acknowledges regulations may make consequential amendments of Acts.

Mr Graham Perrett MP

Chair

18 June 2012