Commonwealth Consolidated Regulations

MARRIAGE REGULATIONS 1963 - REG 21A

         (1)   Where, after a prescribed authority has refused to dispense with the consent of a person to the proposed marriage of a minor, the minor files or delivers under regulation 12 a notice of application under subsection 16 (1) of the Act for the consent of a Judge or magistrate to the proposed marriage in place of the consent of that person, the minor shall, forthwith after notice of the time, date and place fixed for the holding of an inquiry has been given to him, serve a copy of the first‑mentioned notice on the prescribed authority together with particulars of the address of the office of the court in which the inquiry is to be held and of the time, date and place fixed for the holding of that inquiry.

         (2)   Where a copy of the notice of application under subsection (1) of section 16 of the Act is served on a prescribed authority under the last preceding subregulation, the prescribed authority shall, within fourteen days from the day on which the copy is served on him, furnish to the appropriate officer of the court in which the notice was filed or the clerk of the court of summary jurisdiction to whom the notice was delivered, as the case requires, a report setting out his reason for refusing to dispense with the consent of a person to the marriage of the minor.

         (3)   A party to an application under subsection (1) of section 16 of the Act, is entitled to inspect the report of a prescribed authority furnished, in accordance with the last preceding subregulation, in respect of the application, and to take a copy of, or extracts from, the report.

         (4)   Where a copy of the notice of application under subsection (1) of section 16 of the Act and the particulars specified in subregulation (1) of this regulation are not served on the prescribed authority by the minor who made the application himself, the minor shall cause to be delivered to the appropriate officer of the court in which the application was filed or the clerk of the court of summary jurisdiction to whom the application was delivered, as the case requires, and to be filed, on or before the day fixed for holding the inquiry, an affidavit of service sworn by the person who served the copy and particulars stating:

                (a)    the date on which and the place at which the copy and particulars were served; and

               (b)    the means by which he established that the person on whom the copy and particulars were served was the person on whom they were required to be served.