5Interpretation

#### 5 Interpretation (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.