{"id":"F2016L00304","name":"Marriage Act (Proclaimed Overseas Countries) Proclamation 2016","slug":"marriage-act-proclaimed-overseas-countries-proclamation-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438588,"registerId":"F2016L00304-fast-fetch-1775954948868","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Marriage Act (Proclaimed Overseas Countries) Proclamation 2016","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nMarriage Act (Proclaimed Overseas Countries) Proclamation 2016\n\nI, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Proclamation.\n\nSigned and Sealed with the\n\nGreat Seal of Australia on\n\n10 March 2016\n\nPeter Cosgrove\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nGeorge Brandis QC\n\nAttorney‑General\n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\n6 Proclaimed overseas countries\n\nSchedule 1—Repeals\n\nMarriage Act 1961 – Division 3 of Part IV – Proclamation (18/08/1967)\n\n \n\n1  Name\n\n  This is the Marriage Act (Proclaimed Overseas Countries) Proclamation 2016.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 12 March 2016\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under section 54 of the Marriage Act 1961.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\n  In this instrument:\n\nAct means the Marriage Act 1961.\n\n6  Proclaimed overseas countries\n\n  For section 54 of the Act, a country mentioned in the following table is a proclaimed overseas country for the purposes of Division 3 of Part IV of the Act.\n\n \n\n| Proclaimed overseas countries |\n| --- |\n| Belgium |\n| Bulgaria |\n| China |\n| Ethiopia |\n| France |\n| Japan |\n| Philippines |\n| Portugal |\n| Republic of Korea |\n| Spain |\n| Thailand |\n| Vietnam |\n\n\n \n\nSchedule 1—Repeals\n\n   \n\nMarriage Act 1961 – Division 3 of Part IV – Proclamation (18/08/1967)\n\n1  The whole of the Proclamation\n\nRepeal the Proclamation.\n\nNote: The Proclamation’s FRLI identifier is F2006B00435.\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument updates the list of proclaimed overseas countries for marriage recognition purposes under the Marriage Act 1961, replacing a 1967 proclamation. It does not amend the Act itself or alter the legal framework."},"complexity_factors":["Repeals and replaces a previous list with no substantive legal changes","Simple enumeration of country names","Limited practical effect confined to recognition of overseas marriages"],"plain_english_summary":"This Proclamation (under s.54 of the Marriage Act 1961) declares 12 countries — Belgium, Bulgaria, China, Ethiopia, France, Japan, Philippines, Portugal, Republic of Korea, Spain, Thailand and Vietnam — as \"proclaimed overseas countries\" for the purposes of Division 3 of Part IV. Marriages solemnised in those countries according to local law are recognised as valid in Australia under that Division.\n\nIt also repeals the previous 18 August 1967 proclamation, affecting individuals married in those countries and agencies or courts assessing overseas marriage validity."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose: designating specific overseas countries where Australian diplomatic marriages can occur. It does not expand beyond this administrative function."},"complexity_factors":["Very short instrument (only 6 substantive sections plus a Schedule)","Single operative provision (section 6) containing a simple table of 12 country names","Only 1 defined term ('Act') in the interpretation section","One straightforward repeal in Schedule 1","No conditional logic, exceptions, or cross-references beyond the basic authority citation (section 54 of the Marriage Act 1961)","Clear, direct language with no nested provisions"],"plain_english_summary":"This Proclamation updates the list of countries where Australian diplomats can legally solemnise (officially perform) marriages under Australian law.\n\n**What it does:**\n- **Adds 12 new countries** to the list where Australian diplomatic staff can conduct marriages: Belgium, Bulgaria, China, Ethiopia, France, Japan, Philippines, Portugal, Republic of Korea (South Korea), Spain, Thailand, and Vietnam.\n- **Repeals an old 1967 Proclamation** that previously listed these countries, replacing it with this updated version.\n\n**Who it affects:**\n- Australian citizens living or travelling overseas who want to get married in one of these 12 countries\n- Australian diplomatic staff (ambassadors, consuls, etc.) who are authorised to perform marriages abroad\n- Foreign nationals marrying Australians in these locations\n\n**Why it matters:**\nWithout this Proclamation, marriages conducted by Australian officials in these countries might not be legally recognised under Australian law. This ensures that if you get married at an Australian embassy or consulate in, say, Paris or Tokyo, your marriage is valid back home in Australia. It's essentially a housekeeping update to keep the legal framework current and ensure Australians abroad have access to valid marriage services."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"Yes. This instrument repeals the prior 1967 proclamation (Schedule 1) and specifies a new list of twelve proclaimed overseas countries for the purposes of section 54, Division 3 of Part IV of the Marriage Act (see section 6 and Schedule 1), thereby altering which overseas marriages are brought within that Division."},"complexity_factors":["Short, single-purpose instrument with limited text and predictable structure.","Creates a fixed list of countries (see section 6) rather than introducing novel rules.","Relies on existing statutory power rather than conferring new regulatory discretion (authority: section 3 cites s54 of the Marriage Act 1961).","Repeals an earlier proclamation (Schedule 1), so understanding historical scope may require cross-checking the repealed instrument.","Commencement is mechanical and immediate (section 2: day after registration), reducing phased implementation complexity.","Operational effect depends on cross-references to Division 3 of Part IV of the Marriage Act, requiring readers to consult the Act for legal effect.","Low compliance burden and minimal administrative discretion; primary effect is descriptive (which countries are proclaimed)."],"plain_english_summary":"This proclamation names twelve countries as \"proclaimed overseas countries\" for section 54 (Division 3, Part IV) of the Marriage Act 1961 and repeals an earlier 1967 proclamation. It changes, for affected couples and for officials applying Australian law, which foreign marriages are governed by Division 3 and takes effect the day after registration."}},"importantCases":[],"_links":{"self":"/api/acts/marriage-act-proclaimed-overseas-countries-proclamation-2016","history":"/api/acts/marriage-act-proclaimed-overseas-countries-proclamation-2016/history","analysis":"/api/acts/marriage-act-proclaimed-overseas-countries-proclamation-2016/analysis","conflicts":"/api/acts/marriage-act-proclaimed-overseas-countries-proclamation-2016/conflicts","importantCases":"/api/acts/marriage-act-proclaimed-overseas-countries-proclamation-2016/important-cases","documents":"/api/acts/marriage-act-proclaimed-overseas-countries-proclamation-2016/documents"}}