Commonwealth Consolidated Acts

MARRIAGE ACT 1961 - SECT 5

             (1)  In this Act, unless the contrary intention appears:

"Ambassador" includes Minister, Head of Mission and Chargé d’Affaires .

"approved organization" means an organization 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 .

"authorized celebrant" means:

                     (a)  a minister of religion registered under Subdivision A of Division 1 of Part IV; or

                     (b)  a person authorized to solemnize marriages by virtue of Subdivision B of Division 1 of Part IV; or

                     (c)  a marriage celebrant.

"chaplain" means a chaplain in the Defence Force.

"Consul" includes Consul-General, Vice-Consul, Pro-Consul and Consular Agent.

"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 Family Court of Australia, or a Federal Magistrate of the Federal Magistrates Court, who is appointed by the Minister to be a person authorized 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 or Special Magistrate of the Territory.

"marriage" means the union of a man and a woman 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.

"minister of religion" means:

                     (a)  a person recognized by a religious body or a religious organization as having authority to solemnize marriages in accordance with the rites or customs of the body or organization; or

                     (b)  in relation to a religious body or a religious organization 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 organization; or

                             (ii)  such other person or authority acting on behalf of that body or organization as is prescribed;

                            to be an authorized 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 Queen’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 solemnized 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 solemnized in accordance with Division 3 of Part V—a chaplain.

"recognized denomination" means a religious body or a religious organization in respect of which a Proclamation under section 26 is in force.

"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 Queen’s dominions includes a British protectorate and a British protected State.

             (2)  Where:

                     (a)  a marriage is solemnized in the presence of a person, being a person in whose presence a marriage may, in accordance with this Act, be lawfully solemnized; and

                     (b)  that person consents to the marriage being solemnized in his or her presence;

that person shall, for the purposes of this Act, be deemed to solemnize the marriage.

             (3)  Any appointment or authorization under this Act may be an appointment or authorization 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.