77Restriction on solemnisation of marriages under this Part

77 Restriction on solemnisation of marriages under this Part

(1) A marriage shall not be solemnised in an overseas country under this Part unless the authorised celebrant is satisfied: (a) that each of the parties to the intended marriage is an Australian citizen or a member of the Defence Force; (b) where 1 party to the intended marriage is not an Australian citizen or a member of the Defence Force: (i) that that party is not a subject or citizen of the overseas country; or (ii) that sufficient facilities do not exist for the solemnisation of the marriage in the overseas country in accordance with the law of that country; (c) where 1 party to the intended marriage is a subject or citizen of the overseas country, that objection will not be taken by the authorities of that country to the solemnisation of the intended marriage under this Part; or (d) that a marriage in the overseas country between the parties in accordance with the law of that country would not be recognised throughout Australia. (2) In this section, overseas country includes a country that is deemed to be an overseas country for the purposes of section 71.