MARRIAGE ACT 1961
Table of Provisions
PART I--PRELIMINARY
- 1 Short title
- 2 Commencement
- 2A Objects of this Act
- 5 Interpretation
- 5A Application of the
- 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
PART IA--MARRIAGE--EDUCATION
- 9B Grants to approvedorganisations
- 9C Approval of voluntaryorganisations
- 9E Reports and financial statements of approvedorganisations
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 besolemnised without consent of parents etc.
- 14 Persons whose consent is required to the marriage of a minor
- 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 solemnised on or after 20 June 1977 and before the commencement of section 13 of the Marriage Amendment Act 1985- 22 Divisionto be subject to application of private international law
- 23 Grounds on which marriages are void DIVISION 2--Marriages solemnised 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--SOLEMNISATION--OF MARRIAGES IN AUSTRALIA
DIVISION 1--Authorised celebrants- 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
- 39 Authorisation of State and Territory officers etc.
- 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
- 39DA Entitlement to be identified as a religious marriage celebrant on the register of marriage celebrants
- 39DB Request to be identified as a religious marriage celebrant on the register of marriage celebrants
- 39DC Identification as a religious marriage celebrant
- 39DD Transitional provisions for existing marriage celebrants
- 39DE Process of identification on the register as a religious marriage celebrant
- 39F Effect of registration
- 39FA Celebrant registration charge: liability to pay charge
- 39FB Celebrant registration charge: consequence of non-payment
- 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 besolemnised 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 besolemnised on any day etc.
- 44 Witnesses
- 45 Form of ceremony
- 46 Certain authorised celebrants to explain nature of marriage relationship
- 47 Ministers of religion may refuse to solemnise marriages
- 47A Religious marriage celebrants may refuse to solemnise marriages
- 47B Bodies established for religious purposes may refuse to make facilities available or provide goods or services
- 48 Certain marriages notsolemnised in accordance with thisDivisionto 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 Solemnisationof marriages inAustraliaby foreign diplomatic or consular officer
- 56 Recognition of marriages
- 57 Registrar and Deputy Registrar of Foreign Marriages
- 58 Register of Foreign MarriagesSolemnised inAustralia
- 59 Searches and certified copies
PART V--MARRIAGES--OF MEMBERS OF THE DEFENCE FORCE OVERSEAS
DIVISION 1--Registrar of Overseas Marriages- 60 Definitions
- 61 Registrar of Overseas Marriages
- 62 Acting appointments
- 63 Register of Overseas Marriages
- 64 Searches and certified copies DIVISION 3--Marriages of members of the Defence Force overseas
- 71 Marriages of members of the Defence Force overseas
- 71A Marriage officers
- 72 Form and ceremony of marriage DIVISION 4--General
- 73 Validity of marriages
- 74 Declaration to be made beforeauthorised celebrant
- 75 Authorised celebrantto be satisfied of parties' identity
- 76 Additional consent to marriage of minor domiciled outsideAustralia
- 77 Restriction onsolemnisationof marriages under this Part
- 78 Solemnisationof marriages where a party to the marriage is not an Australian citizen etc.
- 79 Authorised celebrantto retain consents etc.
- 80 Marriage certificate and registration of marriages
- 81 Power to refuse tosolemnisemarriage
- 82 Marriages may besolemnised on any day and at any time
- 83 Validity of marriages under this Part
- 84 Registration of overseas marriages attended byan authorised celebrant
- 85 Certificates of marriagessolemnised in accordance with local law in an overseas country
- 86 Evidence
- 87 Validity of marriages otherwise than under thisPartnot affected
- 88 Imperial Foreign Marriage Acts
PART VA--RECOGNITION--OF FOREIGN MARRIAGES
- 88A Object of Part
- 88B Interpretation
- 88C Application of Part
- 88D Validity of marriages
- 88E Validity of certain marriages not affected by this Part
- 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 Solemnisingmarriage where notice or declaration not given or made etc.
- 100 Solemnisingmarriage where reason to believe there is a legal impediment
- 101 Solemnisationof marriage by unauthorised person
- 103 Going through ceremony of marriage before person not authorised tosolemniseit
- 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
- 119 Approved forms
- 120 Regulations