Coalition of Celebrant Associations

Australia’s Peak Celebrant Body

Same-Sex Marriage - advice from the department

The Marriage Amendment (Definition and Religious Freedoms) Bill 2017 (‘Dean Smith Bill’) was introduced into the Senate on 15 November 2017, it is currently being debated in the Senate. 

The requirements set out in the curent Marriage Act 1961 remain in place until such time as an act of Parliament changes them.
 
When can same-sex weddings occur in Australia?
  • The date from which same-sex weddings could occur in Australia depends on the date the Australian law is changed to allow same-sex marriage.

  • The current section 42 of the Act requires notice of the intended marriage to be given in writing a minimum of one month before the date of the marriage.

  • If the definition of marriage is changed to provide for same‑sex marriage and no further changes are made to the marriage process, couples would be able to lodge a notice of intended marriage with an authorised celebrant from the date the new law commenced.

  • Couples would need to wait a minimum of one month before marrying, unless they obtained a shortening of time from a prescribed authority under section 42 of the Act (for example a state Registry of Births, Deaths and Marriages or a local court).

  • The list of circumstances for authorising marriage despite late notice is contained in Schedule 1B of the Marriage Regulations 1963, and include employment‑related or other travel commitments, binding wedding or celebration arrangements, medical reasons and legal proceedings.

For the latest news, check the Attorney-General's website here

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