Part I
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Commonwealth act
This law sets out how marriages are legally solemnised and recognised in Australia: who may officiate (ministers, authorised officers, registered celebrants), the pre‑marriage formalities (notice, identity evidence, written declarations, age and consent rules), registration and certificates, recognition of some overseas marriages, and criminal offences for unlawful or improper solemnisation. It affects couples, celebrants, religious bodies, registrars and courts by creating a national registration and disciplinary regime for celebrants, a recoverable registration charge, procedural duties, and sanctions for non‑compliance.
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Direct links to the current provisions in Marriage Act 1961.
This Act may be cited as the Marriage Act 1961.
(1) Sections 1, 2 and 3, subsection 5(1), section 9, Parts III and VIII and section 120 shall come into operation on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.
It is an object of this Act to create a legal framework: (a) to allow civil celebrants to solemnise marriage, understood as the union of 2 people to the exclusion of all others, voluntarily entered into for life; and (b) to allow ministers of religion to solemnise marriage, respecting the doctrines, tenets and beliefs of their religion, the views of their religious community or their own religious beliefs; and (c) to allow equal access to marriage while protecting religious freedom in relation to marriage.
(1) In this Act, unless the contrary intention appears:
Ambassador includes Minister, Head of Mission and Chargé d’Affaires.
approved organisation means an organisation approved or deemed to be approved under Part IA.
artificial conception procedure includes:
(a) artificial insemination; and
(b) the implantation of an embryo in the body of a woman.
Australia includes Norfolk Island.
Australian Consular Officer and Australian Diplomatic Officer have the same respective meanings as in the Consular Fees Act 1955.
authorised celebrant means:
(a) in relation to a marriage proposed to be solemnised in Australia:
(i) a minister of religion registered under Subdivision A of Division 1 of Part IV; or
(ii) a person authorised to solemnise marriages under Subdivision B of Division 1 of Part IV; or
(iii) a marriage celebrant; or
(iv) a religious marriage celebrant; or
(b) in relation to a marriage proposed to be solemnised in accordance with Division 3 of Part V:
(i) a chaplain; or
(ii) an officer (within the meaning of the Defence Act 1903), other than a chaplain, authorised by the Chief of the Defence Force under section 71A to solemnise marriages under that Division.
celebrant registration charge: see subsection 39FA(1).
chaplain means a chaplain in the Defence Force.
charge payment day: see subsection 39FA(2).
Consul includes Consul‑General, Vice‑Consul, Pro‑Consul and Consular Agent.
Deputy Registrar of Marriage Celebrants means an APS employee who occupies a position in the Department as referred to in subsection 39AA(1).
Family Court of a State means a Family Court of a State that has jurisdiction under the Family Law Act 1975 by virtue of a Proclamation under section 41 of that Act.
Judge, in relation to the performance of a function under this Act in a State or Territory, means a person who is:
(a) a Judge of the Federal Circuit and Family Court of Australia (Division 1), or a Judge of the Federal Circuit and Family Court of Australia (Division 2), who is appointed by the Minister to be a person authorised to perform that function;
(b) a Judge of a court of that State in respect of whom an appropriate arrangement in force under section 9 is applicable; or
(c) a Judge of the Supreme Court of that Territory.
magistrate means:
(a) in relation to a State—a person who holds office as a Chief, Police, Stipendiary, Resident or Special Magistrate of the State and in respect of whom an appropriate arrangement in force under section 9 is applicable; and
(b) in relation to a Territory—a person who holds office as a Chief, Police, Stipendiary, Resident, Special Magistrate or Judge, or acting Judge, of a Local Court of the Territory.
marriage means the union of 2 people to the exclusion of all others, voluntarily entered into for life.
marriage celebrant means a person registered under Subdivision C of Division 1 of Part IV.
medical practitioner has the meaning given by the Health Insurance Act 1973.
minister of religion means:
(a) a person recognised by a religious body or a religious organisation as having authority to solemnise marriages in accordance with the rites or customs of the body or organisation; or
(b) in relation to a religious body or a religious organisation in respect of which paragraph (a) is not applicable, a person nominated by:
(i) the head, or the governing authority, in a State or Territory, of that body or organisation; or
(ii) such other person or authority acting on behalf of that body or organisation as is prescribed;
to be an authorised celebrant for the purposes of this Act.
minor means a person who has not attained the age of 18 years.
overseas country means a country or place other than a part of the Sovereign’s dominions, and, in Part V, includes a vessel which is for the time being in the territorial waters of such a country or place.
prescribed authority means:
(a) in relation to a marriage proposed to be solemnised in Australia—a person, being an officer or employee of the Commonwealth, a State or a Territory, appointed by the Minister to be a prescribed authority;
(c) in relation to a marriage proposed to be solemnised in accordance with Division 3 of Part V—a chaplain or an officer (within the meaning of the Defence Act 1903), other than a chaplain, authorised by the Chief of the Defence Force under section 71A to solemnise marriages under that Division.
recognised denomination means a religious body or a religious organisation in respect of which a Proclamation under section 26 is in force.
Registrar, in Subdivisions C, D and E of Division 1 of Part IV, means the Registrar of Marriage Celebrants (see section 39A).
Registrar of Marriage Celebrants: see subsection 39A(2).
religious marriage celebrant means a person identified as a religious marriage celebrant on the register of marriage celebrants under Subdivision D of Division 1 of Part IV.
Territory means:
(a) the Australian Capital Territory; or
(b) the Northern Territory; or
(c) Norfolk Island; or
(d) the Territory of Christmas Island; or
(e) the Territory of Cocos (Keeling) Islands.
the commencement of this Act means the time of commencement of the provisions other than the provisions referred to in subsection 2(1).
the Sovereign’s dominions includes a British protectorate and a British protected State.
(2) Where: (a) a marriage is solemnised in the physical presence of a person, being a person in whose physical presence a marriage may, in accordance with this Act, be lawfully solemnised; and (b) that person consents to the marriage being solemnised in his or her presence; that person shall, for the purposes of this Act, be deemed to solemnise the marriage. (3) Any appointment or authorisation under this Act may be an appointment or authorisation of: (a) a named person only; or (b) every person from time to time holding or acting in a specified office of the Commonwealth or of a State or Territory.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
This Act shall not be taken to exclude the operation of a law of a State or of a Territory, in so far as that law relates to the registration of marriages, but a marriage solemnised after the commencement of this Act is not invalid by reason of a failure to comply with the requirements of such a law.
Subject to the operation of the Part repealed by the Marriage Amendment Act 1976 before the date fixed under subsection 2(2) of this Act, this Act does not affect the validity or invalidity of a marriage that took place before the date so fixed.
(1) The whole of this Act extends to the following Territories: (a) Norfolk Island; (b) the Territory of Christmas Island; (c) the Territory of Cocos (Keeling) Islands. (2) Part V applies both within and without Australia. (3) Part VII applies to and in relation to: (a) marriages solemnised, or intended or purporting to be solemnised, in Australia; and (b) marriages solemnised, or intended or purporting to be solemnised, under Part V; and, in relation to such marriages, applies both within and without Australia. (4) Section 73, Part VA and section 111 extend to all the external Territories.
(1) The Governor‑General may make arrangements with the Governor of a State: (b) for the performance by all or any of the persons who from time to time hold office as Judges of any Court of that State of the functions of a Judge under sections 12, 16 and 17; (c) for the performance by all or any of the persons who from time to time hold office as Chief, Police, Stipendiary, Resident or Special Magistrates in that State of all or any of the functions of a magistrate under this Act; (d) for the performance by officers of that State of the function of solemnising marriages in accordance with Division 2 of Part IV; (e) for enabling officers of that State to be appointed as prescribed authorities; (f) for enabling officers of that State to be appointed as Registrar and Deputy Registrar of Ministers of Religion for that State under Subdivision A of Division 1 of Part IV; and (g) for enabling officers of that State to be appointed as authorised officers for the purposes of section 51. (2) A copy of each arrangement made under this section shall be published in the Gazette.
(1) The Governor‑General may, by Proclamation, declare that, on and after a date fixed by the Proclamation, a power or function under this Act that is specified in the Proclamation, being a power or function expressed by this Act to be exercisable by a Judge, or by a Judge or magistrate, is not to be exercised, or is not to be exercised in a specified part of Australia, otherwise than by a Judge who is a Judge of the Federal Circuit and Family Court of Australia (Division 1), the Federal Circuit and Family Court of Australia (Division 2) or the Family Court of a State. (2) Proclamations under this Part in respect of different parts of Australia may be made from time to time.
The Minister may, from time to time, out of moneys appropriated by the Parliament for the purposes of this Part, grant to an approved organisation, upon such conditions as the Minister thinks fit, such sums by way of financial assistance as the Minister determines for the conduct of programs of marriage education.
(1) A voluntary organisation may apply to the Minister for approval under this Part as an organisation conducting programs of marriage education. (2) The Minister may approve the organisation if the Minister is satisfied that the organisation is willing and able to conduct programs of marriage education. (3) The approval of an organisation under this section may be given subject to such conditions as the Minister determines. (4) Where the approval of an organisation is subject to conditions, the Minister may, from time to time, revoke or vary all or any of those conditions or add further conditions. (5) The Minister may, at any time, revoke the approval of an approved organisation where: (a) the organisation has not complied with a condition to which the approval of the organisation is subject; (b) the organisation has not furnished, in accordance with section 9E, a statement or report that the organisation was required by that section to furnish; or (c) the Minister is satisfied that the organisation is not adequately carrying out programs of marriage education. (6) Notice of the approval of an organisation under this section, and notice of the revocation of the approval of an approved organisation, shall be published in such manner as the Minister considers appropriate.
(1) An approved organisation that has received a grant under this Act in the period of 12 months that ended on 30 June in any year shall, not later than 30 September in that year, furnish to the Minister, in respect of that period of 12 months: (a) an audited financial statement of the receipts and payments of the organisation, in which receipts and payments in respect of its marriage education activities are shown separately from other receipts and payments; and (b) a report on its marriage education activities, including information as to the programs conducted by the organisation during the period and the number of participants in those programs. (2) Where the Minister is satisfied that it would be impracticable for an organisation to comply with the requirements of subsection (1) or that the application of those requirements to an organisation would be unduly onerous, the Minister may, by writing signed by the Minister, exempt the organisation, wholly or in part, from those requirements.
(1) The whole of this Part applies, notwithstanding any common law rule of private international law, in relation to: (a) marriages to which Division 2 of Part IV applies; and (b) marriages under Part V. (2) Sections 11 and 12 and, so far as they have application in relation to those sections, sections 18 and 19 apply in relation to: (a) marriages to which Division 3 of Part IV applies; and (b) the marriage of a person domiciled in Australia, wherever that marriage takes place.
Subject to section 12, a person is of marriageable age if the person has attained the age of 18 years.
(1) A person who has attained the age of 16 years but has not attained the age of 18 years may apply to a Judge or magistrate in a State or Territory for an order authorising him or her to marry a particular person of marriageable age despite the fact that the applicant has not attained the age of 18 years. (2) The Judge or magistrate shall, subject to subsection (4), hold an inquiry into the relevant facts and circumstances and, if satisfied that: (a) the applicant has attained the age of 16 years; and (b) the circumstances of the case are so exceptional and unusual as to justify the making of the order; the Judge or magistrate may, in his or her discretion, make the order sought, but otherwise the Judge or magistrate shall refuse the application. (3) Subject to subsection (5), where a Judge or a magistrate has made such an order, the person on whose application the order was made is, in relation to his or her marriage to the other person specified in the order, but not otherwise, of marriageable age. (4) Where a Judge or a magistrate to whom an application is made under this section is satisfied that the matter could more properly be dealt with by a Judge or a magistrate sitting at a place nearer the place where the applicant ordinarily resides, the Judge or magistrate may, in his or her discretion, refuse to proceed with the hearing of the application, but such a refusal shall not, for the purposes of section 19, be deemed to be a refusal of the application. (5) Where an order is made under this section and the marriage to which the order relates does not take place within 3 months after the date of the order, the order ceases to have effect.
(1) Subject to this Part, where a party to an intended marriage, not having previously been married, is a minor, the marriage shall not be solemnised unless there is produced to the person by whom the marriage is solemnised: (a) in respect of each person whose consent is required by this Act to the marriage of the minor, not being a person to whom paragraph (b) is applicable: (i) the consent in writing of that person, duly witnessed and dated not earlier than 3 months before the date on which the marriage is solemnised or, in such cases as are prescribed, such other evidence that the consent of that person to the intended marriage has been given not earlier than that time as the regulations declare to be sufficient for the purposes of this section; or (ii) an effective consent in writing of a magistrate or a Judge under this Part in place of the consent of that person; and (b) in respect of any person whose consent to the marriage of the minor has been dispensed with by a prescribed authority—the dispensation in writing signed by the prescribed authority. (2) For the purposes of subsection (1), the consent of a person is only duly witnessed if the signature of that person was witnessed: (a) if the consent is signed in Australia—by one of the following persons: (i) an authorised celebrant; (ii) a Commissioner for Declarations under the Statutory Declarations Act 1959; (iii) a justice of the peace; (iv) a barrister or solicitor; (v) a medical practitioner; (vi) a member of the Australian Federal Police or the police force of a State or Territory; or (b) if the consent is signed in any other place—by one of the following persons: (i) an Australian Diplomatic Officer; (ii) an Australian Consular Officer; (iii) a minister of religion of that place; (iv) a judge of a court of that place; (v) a magistrate or justice of the peace of or for that place; (vi) a notary public; (vii) an employee of the Commonwealth authorised under paragraph 3(c) of the Consular Fees Act 1955; (viii) an employee of the Australian Trade and Investment Commission authorised under paragraph 3(d) of the Consular Fees Act 1955. (3) A person shall not subscribe his or her name as a witness to the signature of a person to a consent to a marriage unless: (a) the person is satisfied on reasonable grounds as to the identity of that person; and (b) the consent bears the date on which the person subscribes his or her name as a witness. (4) A person shall not solemnise a marriage if the person has reason to believe that: (a) a person whose consent in writing to the marriage of one of the parties is or has been produced for the purposes of this section has revoked his or her consent; (b) the signature of a person to a consent produced for the purposes of this section is forged or has been obtained by fraud; (c) a consent produced for the purposes of this section has been altered in a material particular without authority; or (d) a dispensation with the consent of a person that has been produced in relation to the marriage has ceased to have effect.
Before a minor may marry, consent is required from the persons specified in Schedule 1 to this Act in relation to the minor.
(1) Subject to this section, a prescribed authority may, upon application in writing by a minor, dispense with the consent of a person to a proposed marriage of the minor where the prescribed authority: (a) is satisfied that it is impracticable, or that it is impracticable without delay that would, in all the circumstances of the case, be unreasonable, to ascertain the views of that person with respect to the proposed marriage; (b) has no reason to believe that that person would refuse his or her consent to the proposed marriage; and (c) has no reason to believe that facts may exist by reason of which it could reasonably be considered improper that the consent should be dispensed with. (2) An application under this section shall be supported by a statutory declaration by the applicant setting out the facts and circumstances on which the application is based and may be supported by the statutory declaration of some other person. (3) The applicant shall state in his or her statutory declaration whether he or she has made any previous applications under this section that have been refused and the date on which each such application was refused. (4) This section does not authorise a prescribed authority to dispense with the consent of a person to a marriage of a minor where any other person whose consent to the marriage is required by this Act has refused to give consent, unless a magistrate or a Judge has, in pursuance of this Part, given consent in place of the consent of that other person. (5) For the purposes of this section, the fact that a person does not reside in, or is absent from, Australia shall not of itself be deemed to make it impracticable to ascertain the views of that person.
(1) Where, in relation to a proposed marriage of a minor: (a) a person whose consent to the marriage is required by this Act refuses to consent to the marriage; or (b) an application by the minor under section 15 to dispense with the consent of a person to the marriage is refused; the minor may apply to a Judge or magistrate for the consent of a Judge or the magistrate to the marriage in place of the consent of that person. (2) The Judge or magistrate shall, subject to subsections (2A) and (3), hold an inquiry into the relevant facts and circumstances and, if satisfied: (a) in a case to which paragraph (1)(a) applies—that the person who has refused to consent to the marriage has refused consent unreasonably; or (b) in a case to which paragraph (1)(b) applies—that, having proper regard for the welfare of the minor, it would be unreasonable for the Judge or magistrate to refuse consent to the proposed marriage; may give consent to the marriage in place of the consent of the person in relation to whose consent the application is made. (2A) A Judge or magistrate shall not proceed with an inquiry in accordance with subsection (2) unless: (a) there has been produced to the Judge or magistrate a certificate signed by a family counsellor certifying that the applicant has received counselling from the family counsellor in relation to the proposed marriage; or (b) the Judge or magistrate is satisfied that counselling by a family counsellor is not reasonably available to the applicant. (3) Where a magistrate to whom an application is made under this section is satisfied that the matter could more properly be dealt with by a magistrate sitting at a place nearer the place where the applicant ordinarily resides, the magistrate may, in his or her discretion, refuse to proceed with the hearing of the application, but such a refusal shall not, for the purposes of sections 17 and 19, be deemed to be a refusal of the application. (4) Where a magistrate grants an application under subsection (1), the magistrate shall not issue consent in writing to the marriage before the expiration of the time prescribed for the purposes of section 17 and if, within that time, a request for a re‑hearing is made under that section, the magistrate shall not issue consent unless that request is withdrawn. (5) Where a Judge or magistrate gives consent to the marriage of a minor in place of the consent of a person who has refused to consent to the marriage, the Judge or magistrate may also, upon application by the minor, give consent in place of the consent of any other person if the Judge or magistrate is satisfied that it is impracticable, or that it is impracticable without delay that would, in all the circumstances of the case, be unreasonable, to ascertain the views of that person with respect to the proposed marriage. (6) For the purposes of subsection (5), the fact that a person does not reside in, or is absent from, Australia shall not of itself be deemed to make it impracticable to ascertain the views of that person. (7) In this section family counsellor has the same meaning as in the Family Law Act 1975.
(1) Where: (a) an application to a magistrate under subsection 16(1) or (5) is refused; or (b) an application to a magistrate under subsection 16(1) is granted; the applicant or the person in relation to whose consent the application was made, as the case requires, may, in the prescribed manner and within the prescribed time, request that the application be re‑heard by a Judge in the State or Territory in which it was heard, and a Judge may re‑hear the application accordingly. (2) The provisions of subsections 16(2), (5) and (6) apply, so far as they are applicable, in relation to the re‑hearing of an application made under section 16 and, for the purpose of such a re‑hearing, references in those provisions to the magistrate dealing with an application shall be read as references to the Judge re‑hearing the application.
(1) In conducting an inquiry under this Part, a Judge or a magistrate: (a) is not bound by the rules of evidence; and (b) shall give to the applicant and, so far as is reasonably practicable, any person whose consent to the marriage of the applicant is required by this Act, an opportunity of being heard. (2) An inquiry by a Judge or a magistrate under this Part shall be held in private. (3) An applicant or other person who is given an opportunity of being heard at an inquiry under this Part may be represented by a barrister or solicitor.
(1) Where, in relation to a proposed marriage of a minor to a particular person: (a) an application under section 15 has been refused by a prescribed authority; (b) an application under section 16 has been refused by a magistrate or a Judge; or (c) an application under section 12 has been refused by a magistrate or a Judge; a further application under the same section by the same person in relation to the proposed marriage shall not be considered by any prescribed authority, magistrate or Judge within 6 months after the refusal of the application, unless the applicant satisfies the prescribed authority, magistrate or Judge to whom the further application is made that there has been a substantial change in the relevant facts or circumstances since the refusal of the former application. (2) The fact that an application is heard or dealt with in contravention of subsection (1) does not affect the validity of an order made, or the effectiveness of a consent given, upon the application or the re‑hearing of the application or make ineffective any dispensation with a consent granted on the application.
Subject to section 21, where a magistrate or a Judge gives his or her consent to the marriage of a minor in place of the consent of another person, his or her consent operates, for the purposes of this Act, as the consent of that other person.
(1) A consent to a marriage given by a magistrate or a Judge in place of the consent of another person ceases to have effect if the marriage does not take place within 3 months after the date of the consent. (2) A dispensation with the consent of a person to a marriage ceases to have effect if: (a) the marriage does not take place within 3 months after the date of the dispensation; or (b) before the marriage takes place, the person whose consent has been dispensed with notifies, by writing signed by the person or in any other prescribed manner, the person to whom notice of the intended marriage has been given under this Act or, in the case of an intended marriage under Division 3 of Part V, the authorised celebrant by whom the marriage is intended to be solemnised, that the first‑mentioned person does not consent to the marriage. (3) Where a consent by a magistrate or a Judge or a dispensation with the consent of a person by a prescribed authority has ceased to have effect, the provisions of this Act apply as if the consent had not been given or dispensed with, as the case may be.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Marriage Act 1961.
(1) Sections 1, 2 and 3, subsection 5(1), section 9, Parts III and VIII and section 120 shall come into operation on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.
It is an object of this Act to create a legal framework: (a) to allow civil celebrants to solemnise marriage, understood as the union of 2 people to the exclusion of all others, voluntarily entered into for life; and (b) to allow ministers of religion to solemnise marriage, respecting the doctrines, tenets and beliefs of their religion, the views of their religious community or their own religious beliefs; and (c) to allow equal access to marriage while protecting religious freedom in relation to marriage.
(1) In this Act, unless the contrary intention appears:
Ambassador includes Minister, Head of Mission and Chargé d’Affaires.
approved organisation means an organisation approved or deemed to be approved under Part IA.
artificial conception procedure includes:
(a) artificial insemination; and
(b) the implantation of an embryo in the body of a woman.
Australia includes Norfolk Island.
Australian Consular Officer and Australian Diplomatic Officer have the same respective meanings as in the Consular Fees Act 1955.
authorised celebrant means:
(a) in relation to a marriage proposed to be solemnised in Australia:
(i) a minister of religion registered under Subdivision A of Division 1 of Part IV; or
(ii) a person authorised to solemnise marriages under Subdivision B of Division 1 of Part IV; or
(iii) a marriage celebrant; or
(iv) a religious marriage celebrant; or
(b) in relation to a marriage proposed to be solemnised in accordance with Division 3 of Part V:
(i) a chaplain; or
(ii) an officer (within the meaning of the Defence Act 1903), other than a chaplain, authorised by the Chief of the Defence Force under section 71A to solemnise marriages under that Division.
celebrant registration charge: see subsection 39FA(1).
chaplain means a chaplain in the Defence Force.
charge payment day: see subsection 39FA(2).
Consul includes Consul‑General, Vice‑Consul, Pro‑Consul and Consular Agent.
Deputy Registrar of Marriage Celebrants means an APS employee who occupies a position in the Department as referred to in subsection 39AA(1).
Family Court of a State means a Family Court of a State that has jurisdiction under the Family Law Act 1975 by virtue of a Proclamation under section 41 of that Act.
Judge, in relation to the performance of a function under this Act in a State or Territory, means a person who is:
(a) a Judge of the Federal Circuit and Family Court of Australia (Division 1), or a Judge of the Federal Circuit and Family Court of Australia (Division 2), who is appointed by the Minister to be a person authorised to perform that function;
(b) a Judge of a court of that State in respect of whom an appropriate arrangement in force under section 9 is applicable; or
(c) a Judge of the Supreme Court of that Territory.
magistrate means:
(a) in relation to a State—a person who holds office as a Chief, Police, Stipendiary, Resident or Special Magistrate of the State and in respect of whom an appropriate arrangement in force under section 9 is applicable; and
(b) in relation to a Territory—a person who holds office as a Chief, Police, Stipendiary, Resident, Special Magistrate or Judge, or acting Judge, of a Local Court of the Territory.
marriage means the union of 2 people to the exclusion of all others, voluntarily entered into for life.
marriage celebrant means a person registered under Subdivision C of Division 1 of Part IV.
medical practitioner has the meaning given by the Health Insurance Act 1973.
minister of religion means:
(a) a person recognised by a religious body or a religious organisation as having authority to solemnise marriages in accordance with the rites or customs of the body or organisation; or
(b) in relation to a religious body or a religious organisation in respect of which paragraph (a) is not applicable, a person nominated by:
(i) the head, or the governing authority, in a State or Territory, of that body or organisation; or
(ii) such other person or authority acting on behalf of that body or organisation as is prescribed;
to be an authorised celebrant for the purposes of this Act.
minor means a person who has not attained the age of 18 years.
overseas country means a country or place other than a part of the Sovereign’s dominions, and, in Part V, includes a vessel which is for the time being in the territorial waters of such a country or place.
prescribed authority means:
(a) in relation to a marriage proposed to be solemnised in Australia—a person, being an officer or employee of the Commonwealth, a State or a Territory, appointed by the Minister to be a prescribed authority;
(c) in relation to a marriage proposed to be solemnised in accordance with Division 3 of Part V—a chaplain or an officer (within the meaning of the Defence Act 1903), other than a chaplain, authorised by the Chief of the Defence Force under section 71A to solemnise marriages under that Division.
recognised denomination means a religious body or a religious organisation in respect of which a Proclamation under section 26 is in force.
Registrar, in Subdivisions C, D and E of Division 1 of Part IV, means the Registrar of Marriage Celebrants (see section 39A).
Registrar of Marriage Celebrants: see subsection 39A(2).
religious marriage celebrant means a person identified as a religious marriage celebrant on the register of marriage celebrants under Subdivision D of Division 1 of Part IV.
Territory means:
(a) the Australian Capital Territory; or
(b) the Northern Territory; or
(c) Norfolk Island; or
(d) the Territory of Christmas Island; or
(e) the Territory of Cocos (Keeling) Islands.
the commencement of this Act means the time of commencement of the provisions other than the provisions referred to in subsection 2(1).
the Sovereign’s dominions includes a British protectorate and a British protected State.
(2) Where: (a) a marriage is solemnised in the physical presence of a person, being a person in whose physical presence a marriage may, in accordance with this Act, be lawfully solemnised; and (b) that person consents to the marriage being solemnised in his or her presence; that person shall, for the purposes of this Act, be deemed to solemnise the marriage. (3) Any appointment or authorisation under this Act may be an appointment or authorisation of: (a) a named person only; or (b) every person from time to time holding or acting in a specified office of the Commonwealth or of a State or Territory.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
This Act shall not be taken to exclude the operation of a law of a State or of a Territory, in so far as that law relates to the registration of marriages, but a marriage solemnised after the commencement of this Act is not invalid by reason of a failure to comply with the requirements of such a law.
Subject to the operation of the Part repealed by the Marriage Amendment Act 1976 before the date fixed under subsection 2(2) of this Act, this Act does not affect the validity or invalidity of a marriage that took place before the date so fixed.
(1) The whole of this Act extends to the following Territories: (a) Norfolk Island; (b) the Territory of Christmas Island; (c) the Territory of Cocos (Keeling) Islands. (2) Part V applies both within and without Australia. (3) Part VII applies to and in relation to: (a) marriages solemnised, or intended or purporting to be solemnised, in Australia; and (b) marriages solemnised, or intended or purporting to be solemnised, under Part V; and, in relation to such marriages, applies both within and without Australia. (4) Section 73, Part VA and section 111 extend to all the external Territories.
(1) The Governor‑General may make arrangements with the Governor of a State: (b) for the performance by all or any of the persons who from time to time hold office as Judges of any Court of that State of the functions of a Judge under sections 12, 16 and 17; (c) for the performance by all or any of the persons who from time to time hold office as Chief, Police, Stipendiary, Resident or Special Magistrates in that State of all or any of the functions of a magistrate under this Act; (d) for the performance by officers of that State of the function of solemnising marriages in accordance with Division 2 of Part IV; (e) for enabling officers of that State to be appointed as prescribed authorities; (f) for enabling officers of that State to be appointed as Registrar and Deputy Registrar of Ministers of Religion for that State under Subdivision A of Division 1 of Part IV; and (g) for enabling officers of that State to be appointed as authorised officers for the purposes of section 51. (2) A copy of each arrangement made under this section shall be published in the Gazette.
(1) The Governor‑General may, by Proclamation, declare that, on and after a date fixed by the Proclamation, a power or function under this Act that is specified in the Proclamation, being a power or function expressed by this Act to be exercisable by a Judge, or by a Judge or magistrate, is not to be exercised, or is not to be exercised in a specified part of Australia, otherwise than by a Judge who is a Judge of the Federal Circuit and Family Court of Australia (Division 1), the Federal Circuit and Family Court of Australia (Division 2) or the Family Court of a State. (2) Proclamations under this Part in respect of different parts of Australia may be made from time to time.
The Minister may, from time to time, out of moneys appropriated by the Parliament for the purposes of this Part, grant to an approved organisation, upon such conditions as the Minister thinks fit, such sums by way of financial assistance as the Minister determines for the conduct of programs of marriage education.
(1) A voluntary organisation may apply to the Minister for approval under this Part as an organisation conducting programs of marriage education. (2) The Minister may approve the organisation if the Minister is satisfied that the organisation is willing and able to conduct programs of marriage education. (3) The approval of an organisation under this section may be given subject to such conditions as the Minister determines. (4) Where the approval of an organisation is subject to conditions, the Minister may, from time to time, revoke or vary all or any of those conditions or add further conditions. (5) The Minister may, at any time, revoke the approval of an approved organisation where: (a) the organisation has not complied with a condition to which the approval of the organisation is subject; (b) the organisation has not furnished, in accordance with section 9E, a statement or report that the organisation was required by that section to furnish; or (c) the Minister is satisfied that the organisation is not adequately carrying out programs of marriage education. (6) Notice of the approval of an organisation under this section, and notice of the revocation of the approval of an approved organisation, shall be published in such manner as the Minister considers appropriate.
(1) An approved organisation that has received a grant under this Act in the period of 12 months that ended on 30 June in any year shall, not later than 30 September in that year, furnish to the Minister, in respect of that period of 12 months: (a) an audited financial statement of the receipts and payments of the organisation, in which receipts and payments in respect of its marriage education activities are shown separately from other receipts and payments; and (b) a report on its marriage education activities, including information as to the programs conducted by the organisation during the period and the number of participants in those programs. (2) Where the Minister is satisfied that it would be impracticable for an organisation to comply with the requirements of subsection (1) or that the application of those requirements to an organisation would be unduly onerous, the Minister may, by writing signed by the Minister, exempt the organisation, wholly or in part, from those requirements.
(1) The whole of this Part applies, notwithstanding any common law rule of private international law, in relation to: (a) marriages to which Division 2 of Part IV applies; and (b) marriages under Part V. (2) Sections 11 and 12 and, so far as they have application in relation to those sections, sections 18 and 19 apply in relation to: (a) marriages to which Division 3 of Part IV applies; and (b) the marriage of a person domiciled in Australia, wherever that marriage takes place.
Subject to section 12, a person is of marriageable age if the person has attained the age of 18 years.
(1) A person who has attained the age of 16 years but has not attained the age of 18 years may apply to a Judge or magistrate in a State or Territory for an order authorising him or her to marry a particular person of marriageable age despite the fact that the applicant has not attained the age of 18 years. (2) The Judge or magistrate shall, subject to subsection (4), hold an inquiry into the relevant facts and circumstances and, if satisfied that: (a) the applicant has attained the age of 16 years; and (b) the circumstances of the case are so exceptional and unusual as to justify the making of the order; the Judge or magistrate may, in his or her discretion, make the order sought, but otherwise the Judge or magistrate shall refuse the application. (3) Subject to subsection (5), where a Judge or a magistrate has made such an order, the person on whose application the order was made is, in relation to his or her marriage to the other person sp
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