Commonwealth Consolidated Acts

MARRIAGE ACT 1961

TABLE OF PROVISIONS

   PART I--PRELIMINARY

   1.      Short title [see Note 1]  
   2.      Commencement [see Note 1]  
   5.      Interpretation  
   5A.     Application of the Criminal Code  
   6.      Act not to exclude operation of certain State and Territory laws  
   7.      Validity of certain marriages not affected  
   8.      Extension of Act to Territories etc.  
   9.      Arrangements with State  
   9A.     Persons who may exercise certain powers may be restricted by Proclamation  
   9B.     Grants to approved organizations  
   9C.     Approval of voluntary organizations  
   9E.     Reports and financial statements of approved organizations  

   PART II--MARRIAGEABLE AGE AND MARRIAGES OF MINORS

   10.     Application of Part  
   11.     Marriageable age  
   12.     Authorisation of marriage of person under age of 18 years in exceptional circumstances  
   13.     Marriage of minor not to be solemnized without consent of parents etc.  
   14.     Persons whose consent is required  
   15.     Prescribed authority may dispense with consent in certain cases  
   16.     Consent by magistrate where parent etc. refuses consent etc.  
   17.     Re-hearing of applications by a Judge  
   18.     Provisions applicable to inquiries by Judge or magistrate  
   19.     Restriction on applications under sections 12, 15 and 16  
   20.     Effect of consent of magistrate or Judge  
   21.     Consent by magistrate or Judge and dispensation with consent to be ineffective after 3 months etc.  

   PART III--VOID MARRIAGES

           Division 1--Marriages solemnized on or after

   22.     Division to be subject to application of private international law  
   23.     Grounds on which marriages are void  

           Division 2--Marriages solemnized after the commencement of section 13 of the Marriage Amendment Act 1985

   23A.    Application of Division  
   23B.    Grounds on which marriages are void  

   PART IV--SOLEMNIZATION OF MARRIAGES IN

           Division 1--Authorized celebrants

              Subdivision A--Ministers of religion

   25.     Interpretation  
   26.     Recognised denominations  
   27.     Registers of ministers of religion  
   28.     Transfer of State registers  
   29.     Qualifications for registration under this Subdivision  
   30.     Registrar to register applicant  
   31.     Applicant may be refused registration in certain circumstances  
   32.     Effect of registration  
   33.     Removal from register  
   34.     Review of refusal to register or removal from register  
   35.     Change of address etc. to be notified  
   36.     Transfer to another State etc.  
   37.     Furnishing of information by recognised denominations  
   38.     Registrars to furnish information to Attorney-General  

              Subdivision B--State and Territory officers etc

   39.     Authorisation of State and Territory officers etc.  

              Subdivision C--Marriage celebrants

   39A.    Registrar of Marriage Celebrants  
   39B.    Register of marriage celebrants  
   39C.    Entitlement to be registered as a marriage celebrant  
   39D.    Registration as a marriage celebrant  
   39E.    Capping of number of marriage celebrants for 5 years  
   39F.    Effect of registration  
   39G.    Obligations of each marriage celebrant  
   39H.    Performance reviews  
   39I.    Disciplinary measures  
   39J.    Review of decisions  
   39K.    Additional functions of the Registrar  
   39L.    Registrar not liable for damages  
   39M.    Evidence of registration etc.  

           Division 2--Marriages by authorised celebrants

   40.     Application of Division  
   41.     Marriages to be solemnized by authorised celebrant  
   42.     Notice to be given and declaration made  
   42A.    Commissioner of Australian Federal Police or approved authority may issue special notice  
   43.     Marriage may be solemnized on any day etc.  
   44.     Witnesses  
   45.     Form of ceremony  
   46.     Certain authorised celebrants to explain nature of marriage relationship  
   47.     Ministers of religion not bound to solemnize marriage etc.  
   48.     Certain marriages not solemnized in accordance with this Division to be invalid  
   49.     Authorised celebrant to retain consents, statutory declarations etc.  
   50.     Marriage certificates  
   51.     Incorrect marriage certificates  

           Division 3--Marriages by foreign diplomatic or consular officers

   52.     Interpretation  
   53.     Application of Division  
   54.     Governor-General may declare countries to be proclaimed overseas countries  
   55.     Solemnization of marriages in Australia by foreign diplomatic or consular officer  
   56.     Recognition of marriages  
   57.     Registrar and Deputy Registrar of Foreign Marriages  
   58.     Register of Foreign Marriages Solemnized in Australia  
   59.     Searches and certified copies  

   PART V--MARRIAGES OF MEMBERS OF THE DEFENCE FORCE OVERSEAS

           Division 3--Marriages of members of the Defence Force overseas

   71.     Marriages of members of the Defence Force overseas  
   72.     Form and ceremony of marriage  

           Division 4--General

   73.     Validity of marriages  
   74.     Declaration to be made before chaplain  
   75.     Chaplain to be satisfied of parties’ identity  
   76.     Additional consent to marriage of minor domiciled outside Australia  
   77.     Restriction on solemnization of marriages under this Part  
   78.     Solemnization of marriages where a party to the marriage is not an Australian citizen etc.  
   79.     Chaplain to retain consents etc.  
   80.     Marriage certificate and registration of marriages  
   81.     Power to refuse to solemnize marriage  
   82.     Marriages may be solemnized on any day and at any time  
   83.     Validity of marriages under this Part  
   84.     Registration of overseas marriages attended by a chaplain  
   85.     Certificates of marriages solemnized in accordance with local law in an overseas country  
   86.     Evidence  
   87.     Validity of marriages otherwise than under this Part not affected  
   88.     Imperial Foreign Marriage Acts  
   88A.    Object of Part  
   88B.    Interpretation  
   88C.    Application of Part  
   88D.    Validity of marriages  
   88E.    Validity of certain marriages not affected by this Part  
   88EA.   Certain unions are not marriages  
   88F.    Incidental determination of recognition of certain foreign marriages  
   88G.    Evidence  

   PART VI--LEGITIMATION

   89.     Legitimation by virtue of marriage of parents  
   90.     Legitimacy of children of certain foreign marriages  
   91.     Legitimacy of children of certain void marriages  
   92.     Declarations of legitimacy etc.  
   93.     Operation of certain State and Territory laws  

   PART VII--OFFENCES

   94.     Bigamy  
   95.     Marrying person not of marriageable age etc.  
   98.     Contravention of subsection 13(3)  
   99.     Solemnizing marriage where notice or declaration not given or made etc.  
   100.    Solemnizing marriage where reason to believe there is a legal impediment  
   101.    Solemnization of marriage by unauthorised person  
   103.    Going through ceremony of marriage before person not authorised to solemnize it  
   104.    Giving defective notice etc.  
   105.    Failure to comply with notice under section 51  
   106.    Failure by interpreter to furnish certificate etc.  

   PART VIII--TRANSITIONAL PROVISIONS

   107.    Exercise of powers etc. before commencement of Act  
   108.    Application of offence provisions to notices etc. given before commencement of this Act  
   109.    Consents etc. given under State or Territory laws  

   PART IX--MISCELLANEOUS

   111.    Certain marriages and legitimations to be valid in all the Territories  
   111A.   Abolition of action for breach of promise  
   112.    Interpreters at marriage ceremonies  
   113.    Second marriage ceremonies  
   114.    Correction of errors in marriage registries  
   115.    Publication of lists of authorised celebrants  
   116.    Judicial notice of signatures of Registrars, celebrants etc.  
   117.    Evidence of registration etc.  
   118.    Right of ministers of religion to receive fees  
   120.    Regulations  
           SCHEDULE Persons whose consent is required to the marriage of a minor