Penny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | Hansard source

It is the case, and I think that I referred to this in my summing up of the second reading debate, that the bill does not explicitly recognise overseas relationship registration and civil unions. As I also said in my summing up, the fact of such a relationship, whether a civil union or registered relationship, will make it easier for a same-sex couple to prove the existence of a de facto relationship. For example, evidence of an overseas civil union or overseas registered relationship may demonstrate a mutual commitment to a shared life for the purposes of section 22C(2)(f) of the Acts Interpretation Act. It would also clearly be relevant to the reputation and public aspects of the relationship for the purposes of section 22C(2)(h). It is the case that government policy in relation to overseas civil unions does have to have regard to the position of the government and to the requirement in the Marriage Act that marriage in Australia is between a man and a woman. Accordingly, overseas same-sex unions will not be recognised under this legislation as marriages in Australia.