16Consent by magistrate where parent etc. refuses consent etc.

#### 16 Consent by magistrate where parent etc. refuses consent etc. (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a request for a re‑hearing is made under that section, the magistrate shall not issue consent unless that request is withdrawn.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.