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Victorian Local Governance Association. Updated October 31, South Australian Numbered Acts. Retrieved 13 July There is an important difference in the source of power of the Commonwealth to legislate over married and de facto relationships.


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Same-sex marriage in Australia

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Same-sex and opposite-sex de facto couples exist in all states and territories, however the inability of de facto couples to have conclusive evidence of their relationships in Western Australia and the Northern Territory can make it difficult for them to access rights accorded to them under the law. In August , a bill was introduced into the Tasmanian Parliament to legalise same-sex marriage. Federal Register of Legislation. Victoria has recognised domestic partnerships since December The legal status of marriage is also internationally recognised whereas the power to legislate for de facto relationships and their financial matters relies on referrals by states to the Commonwealth in accordance with Section 51 xxxvii of the Australian Constitution , where it states the law shall extend only to states by whose parliaments the matter is referred, or which afterward adopt the law. By using this site, you agree to the Terms of Use and Privacy Policy.


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States and territories have long had the ability to create laws with respect to relationships, though Section 51 xxi of the Constitution of Australia prescribes that marriage is a legislative power of the Federal Parliament. Archived from the original on 26 August Archived from the original on 10 March Archived from the original on 1 February Here's what happens next". Retrieved 17 August Marriage means the union of 2 people to the exclusion of all others, voluntarily entered into for life.


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