The Act was made under the power granted to the federal parliament under section 51(xxi) of the Australian Constitution.
Since 2009, the Family Law Act 2009 has also recognised the property rights of each partner of de facto relationships on separation.
[5] In deciding whether to make an order allowing a marriage, the judge or magistrate must be satisfied that the person is at least 16 years old and that the circumstances of the case are exceptional and unusual.
[6] To preserve the validity of past marriages, this part is divided into periods based on when amendments to the Act were introduced.
The only requirements for registration is that the person is a minister of religion[8] who is nominated by their denomination, is resident in Australia, and is at least 21 years old (s29).
This section was introduced by the Marriage Amendment Act 2002, after an attorney-general inquiry into the Civil Celebrants Program.
Section 39C now lists a number of requirements to be registered as civil celebrant, in addition to being at least 18 years old and "fit and proper".
The register will take into account: knowledge of the law; commitment to advising couples about relationship counselling; community standing; criminal record, the existence of a conflict of interest or benefit to business; and "any other matter".
Part IA authorises the government to make grants to approved organisations for marriage counselling.
[10] Though s.46(1) of the Act required celebrants to explain the legal nature of marriage in Australia to a couple as "the union of a man and a woman to the exclusion of all others, voluntarily entered into for life", these words were descriptive or explanatory, rather than outlining what constituted a legally valid marriage in Australia.
[16]The amendment was argued by Ruddock and Liberal MPs to be necessary to protect the institution of marriage, and to ensure that the definition would be beyond legal challenge through the application of common law.
[17] Several years later, then-prime minister John Howard admitted that the government was motivated by the prospect of overseas same-sex marriages being recognised under Australian law via the judiciary.
During the bill's second reading, Labor MP Anthony Albanese said, "what has caused offence is why the government has rushed in this legislation in what is possibly the last fortnight of parliamentary sittings.
[25][26] The Abbott government (2013–15) initially opposed same-sex marriage, but in August 2015 resolved to put the matter to the people at a plebiscite after the 2016 federal election.
The government subsequently committed to facilitating the passage of a private member's bill to amend the Act, and legalise same-sex marriage, by the end of 2017.
The bill amends the definition of "marriage" in the Act, omitting the words "man and a woman" and replacing it with the gender-neutral "2 people".