Senator Smith last night exclusively told The Sunday Times his Marriage Amendment (Definitions and Religious Freedoms) Bill 2017 would be tabled in Parliament the next day.
"If there is a Yes result on Wednesday, Australians will have voted for true equality for all Australians - not an unfettered right to discriminate for people who voted No", said HRLC director of legal advocacy, Anna Brown.
Treasurer Scott Morrison, the government's most senior "No" supporter, said on Tuesday there would "need to be additional protections than those provided in the Smith bill".
"After the result is known on Wednesday, it is my intention to canvass support to introduce a Bill this week".
"But the polls have been pretty consistent and it really does seem that in commentary right across the political spectrum the expectation is that there will be a "yes" vote", she said.
Labor Senator Penny Wong said she hoped the Prime Minister would stand up against the suggested laws.
"Like millions of other Australians, I will be disappointed if there is a No result, but I will uphold my original commitment and present my Bill to the Senate without any expectation it will be debated", he said. Many other MPs have said it's 'complicated' and will wait for the final result before they announce their move. The legislation allows clergy and religious organisations to refuse to marry gay couples.
The federal government is facing mounting pressure from conservatives to ensure religious freedoms are protected if the "Yes" campaign sees a same-sex marriage victory tomorrow morning.
Mr Brandis said parliament would start the debate on same-sex marriage legalisation with Senator Smith's bill, if a "yes" vote is victorious. But then after the marriage ceremony, the Bill remains silent on what happens if, say, a school teaches that marriage is between a man and a woman. It permits ministers of religion and religious marriage celebrants to refuse to solemnise a marriage and it allows bodies established for religious purposes to refuse to provide goods or services for the purposes of the solemnisation of a marriage, ' Ms McLeod said.
The bill would also have a no-detriment clause that would forbid the government and its agencies from withdrawing funding from an organisation that was opposed to marriage equality, professional organisations would not be able to refuse to register a practitioner who opposed same-sex marriage and public servants would not be allowed to be fired for sticking to their beliefs.
"They can be debated ... but they shouldn't be confused with this bill which is created to deliver marriage equality".
This is how same-sex marriage is expected to pass in Australia, however it's not guaranteed.