Commonwealth Consolidated Acts

MARRIAGE ACT 1961 - SECT 45

             (1)  Where a marriage is solemnized by or in the presence of an authorized celebrant, being a minister of religion, it may be solemnized according to any form and ceremony recognized as sufficient for the purpose by the religious body or organization of which he or she is a minister.

             (2)  Where a marriage is solemnized by or in the presence of an authorized celebrant, not being a minister of religion, it is sufficient if each of the parties says to the other, in the presence of the authorized celebrant and the witnesses, the words:

“I call upon the persons here present to witness that I, A.B. ( or C.D.), take thee, C.D. ( or A.B.), to be my lawful wedded wife ( or husband)”;

or words to that effect.

             (3)  Where a marriage has been solemnized by or in the presence of an authorized celebrant, a certificate of the marriage prepared and signed in accordance with section 50 is conclusive evidence that the marriage was solemnized in accordance with this section.

             (4)  Nothing in subsection (3) makes a certificate conclusive:

                     (a)  where the fact that the marriage ceremony took place is in issue—as to that fact; or

                     (b)  where the identity of a party to the marriage is in issue—as to the identity of that party.