Supplementary Order Paper No 202

Clause 5A

Replace clause 5A (lines 18 to 28 on page 2) with:

5A Section 29 amended (Licence authorizes but not obliges marriage celebrant to solemnize marriage)
  • In section 29, insert as subsections (2) and (3):

    • (2) Without limiting subsection (1),—

      • Celebrants
      • (a) a celebrant (as defined in subsection (3)) is not obliged to solemnize a marriage between 2 people if, because of the sex, sexual orientation, or gender identity of either of the 2 people, solemnizing the marriage would contravene the religious beliefs or convictions of the celebrant or of the celebrant's religious body or approved organisation; and

      • Freedom of expression
      • (b) no challenge may be made under any Act to the lawfulness of the following conduct by a person or organisation, provided that the conduct is based on the belief or conviction that marriage should be the union of a man and a woman:

        • (i) the expression of views:

        • (ii) the provision of guidance or counselling, or a refusal to provide guidance or counselling; and

      • Use of premises
      • (c) no challenge may be made under any Act to the lawfulness of a refusal by a religious body or approved organisation to allow premises (being premises that are occupied and used by the body or organisation for, or in association with, its religious purposes) to be used for or in connection with a marriage that is not a marriage between a man and a woman.

    • (3) In this section,—

      approved organisation means an organisation that has been declared under section 9 to be an approved organisation

      celebrant means either of the following:

      • (a) a minister of religion whose name is on the list of marriage celebrants because it has been sent to the Registrar-General, under section 8, by a religious body:

      • (b) a person nominated under section 10 to solemnize marriages by an approved organisation

      religious body means a religious body enumerated in Schedule 1.