AUSTRALIA
Marriage Amendment Act 2004
An Act to amend the Marriage Act 1961, and for related purposes
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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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.
Assented to Aug. 16, 2004
Source: Act No. 126, 2004.


