Commonwealth Consolidated Regulations

MARRIAGE REGULATIONS 1963

- made under the Marriage Act 1961

TABLE OF PROVISIONS

   PART I--PRELIMINARY

   1.      Name of Regulations [see Note 1]  
   2.      Commencement [see Note 1]  
   4.      Interpretation  
   4A.     Application of Criminal Code  
   5.      Schedules and forms  
   6.      Compliance with forms  

   PART II--MARRIAGE OF MINORS

           Division 1--Consent of parents, guardians etc

   7.      Consent of parent etc to marriage of minor  
   8.      Consent of illiterate or blind person  
   9.      Consent not in English language  

           Division 2--Dispensing with the consent of parents, guardians etc

   10.     Application to dispense with consent  
   11.     Form of dispensation, and of notice of refusal to dispense, with consent  

           Division 3--Consent by Judges or magistrates in place of parents, guardians etc

   12.     Consent by Judge or magistrate to marriage of minor  
   13.     Re-hearing of application for consent to marriage of a minor  
   14.     Notice of request to be served on magistrate  

           Division 4--Authorization of marriages of persons not of marriageable age

   15.     Applications under section 12  
   16.     Applications  
   17.     Affidavits in support of applications  
   18.     Order authorising marriage  

           Division 5--Practice and procedure relating to inquiries

   19.     Interpretation  
   20.     Time and place of hearing  
   21.     Inquiries  
   21A.    Prescribed authority to furnish report  
   22.     Forwarding documents to Judge or magistrate on subsequent application  
   23.     Power to send for witnesses and documents  
   24.     Duty of witness to continue in attendance  
   25.     Arrest of witness failing to attend  
   26.     Witness expenses  
   27.     Power to examine on oath  
   28.     Offences by witnesses  
   29.     Offences in relation to Judges etc  
   30.     Protection of Judges etc  

   PART III--SOLEMNIZATION OF MARRIAGES IN AUSTRALIA

           Division 1--Ministers of religion

   31.     Nomination of minister of religion  
   32.     Application to be registered in the register of ministers of religion  
   33.     Notice of intention to remove name of minister of religion from the register  
   34.     Notice of removal of person from the register to be given to recognised denomination  
   35.     Notice of change of address etc  
   36.     Annual list of ministers of religion  
   37.     Recognised denomination to furnish information  

           Division 1A--Marriage celebrants

              Subdivision 1--General

   37E.    Application of Subdivision 1  
   37F.    Definitions  
   37G.    Qualifications and skills required for registration as a marriage celebrant (Act s 39C)  
   37H.    Application for registration as a marriage celebrant -- Form 12A (Act s 39D (1))  
   37HA.   Application for registration as a marriage celebrant -- due date (Act, s 120)  
   37I.    Details to be entered in register of marriage celebrants (Act s 39D (5), s 39K)  
   37J.    Notification of decision in relation to application for registration as a marriage celebrant -- Form 12B (Act s 39D (6), (7))  
   37L.    Code of Practice for marriage celebrants (Act s 39G)  
   37M.    Professional development (Act s 39G)  
   37N.    Performance reviews (Act s 39H)  
   37O.    Disciplinary measures -- professional development activities (Act s 39I)  
   37P.    Records (Act s 39K)  

              Subdivision 2--Complaints resolution procedures

   37Q.    Application of Subdivision 2  
   37R.    Who may make a complaint  
   37S.    How to make a complaint  
   37T.    Preliminary assessment of complaint  
   37U.    Procedure if Registrar is to deal with a complaint  
   37V.    Resolution by conciliation  
   37W.    Resolution by determination  
   37X.    Procedure to be followed if complaint well-founded  
   37Y.    Notice of determination  
   37Z.    Records (Act s 39K)  

           Division 2--Marriages by authorized celebrants

   38.     Notice and other documents required for intended marriage (Act s 42)  
   38A.    Requirements for declaration before authorized celebrant (Act s 42)  
   39.     Notice of intended marriage received later than required time -- circumstances in which marriage may be solemnized (Act s 42 (5))  
   39A.    Document relating to marriage, premarital education and counselling  
   40.     Certificate of marriage for marriage solemnised in Australia (Act s 50 (1))  
   41.     Appropriate registering authorities  
   42.     Disposal of the retained official certificate of a marriage  
   42A.    Disposal of the retained official certificate of marriage  
   43.     Lost official certificates of marriage  

   PART IV--SOLEMNIZATION OF MARRIAGES OF MEMBERS OF THE DEFENCE FORCE OVERSEAS

   46.     Requirements for declaration before chaplain (Act s 74)  
   47.     Certificate of marriage for marriage solemnised overseas (Act s 80 (1))  
   48.     Disposal of copy of certificate of marriage  
   49.     Form of annual return of marriages solemnized  
   50.     Certificate of overseas marriage attended by chaplain  
   51.     Prescribed overseas countries  

   PART V--LEGITIMATION

           Division 1--Preliminary

   52.     Interpretation  
   53.     Official records of births or marriages  
   54.     Registering authorities  
   55.     Penalty for giving false information  

           Division 2--Information to permit the re-registration of the births of legitimated children, other than children of void marriages

   56.     Interpretation  
   57.     When parents to furnish information concerning legitimation  
   58.     Information to be furnished concerning legitimation  
   59.     Applicant who obtains order under section 92 to furnish particulars of the order  
   60.     Registering authorities may give notice requiring the furnishing of information  

           Division 3--Information to permit the re-registration of the births of legitimated children of void marriages

   61.     Interpretation  
   62.     Parent of legitimated child to furnish information concerning legitimation  
   63.     Application of certain regulations  
   63A.    Parent of child registered as legitimate may furnish information concerning belief of validity of marriage  

           Division 4--Registration of other legitimations in the Register of Foreign Legitimations

   64.     Interpretation  
   65.     Powers of acting registrar, deputy registrar etc  
   66.     Stamps and signatures  
   67.     Register of Foreign Legitimations  
   68.     Registration of legitimations in the Register of Foreign Legitimations  
   69.     Correction of errors in the register  
   70.     Searches and copies  
   71.     Evidence  

   PART VA--RECOGNITION OF OVERSEAS MARRIAGES

   71A.    Recognition of marriage valid by United Kingdom law  
   71B.    Recognition of marriage valid by New Zealand law  
   71C.    Recognition of marriage valid by Indian law  

   PART VI--MISCELLANEOUS

   72.     Interpreter's certificate  
   73.     Endorsement in case of second marriage ceremony  
   75.     Return of official books etc to registering authorities  
           SCHEDULE 1 Forms
           SCHEDULE 1A Code of Practice for marriage celebrants
           SCHEDULE 1B Circumstances for authorising marriage despite late notice
           SCHEDULE 2 Appropriate registering authorities
           SCHEDULE 3 Offices of which holders are required to prepare only 1 official marriage certificate
           SCHEDULE 4 Prescribed overseas countries