MARRIAGE ACT 1961

Table of Provisions

• Long Title

PART I--PRELIMINARY

• 1 Short title  
• 2 Commencement  
• 2A Objects of this Act  
• 5 Interpretation  
• 5A Application of the Criminal Code  
• 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 approved organisations  
• 9C Approval of voluntary organisations  
• 9E Reports and financial statements of approved organisations  

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 be solemnise d 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 Division to 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  
Subdivision B--State and Territory officers etc.
• 39 Authorisation of State and Territory officers etc.  
Subdivision C--Marriage celebrants
• 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  
Subdivision D--Religious marriage celebrants
• 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  
Subdivision E--General provisions relating to all marriage celebrants
• 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 be solemnise d 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 be solemnise d 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 not solemnise d in accordance with this Division to 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 Solemnisation of marriages in Australia by foreign diplomatic or consular officer  
• 56 Recognition of marriages  
• 57 Registrar and Deputy Registrar of Foreign Marriages  
• 58 Register of Foreign Marriages Solemnise d in Australia  
• 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 before authorised celebrant  
• 75 Authorised celebrant to be satisfied of parties' identity  
• 76 Additional consent to marriage of minor domiciled outside Australia  
• 77 Restriction on solemnisation of marriages under this Part  
• 78 Solemnisation of marriages where a party to the marriage is not an Australian citizen etc.  
• 79 Authorised celebrant to retain consents etc.  
• 80 Marriage certificate and registration of marriages  
• 81 Power to refuse to solemnise marriage  
• 82 Marriages may be solemnise d on any day and at any time  
• 83 Validity of marriages under this Part  
• 84 Registration of overseas marriages attended by an authorised celebrant  
• 85 Certificates of marriages solemnise d in accordance with local law in an overseas country  
• 86 Evidence  
• 87 Validity of marriages otherwise than under this Part not 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 Solemnising marriage where notice or declaration not given or made etc.  
• 100 Solemnising marriage where reason to believe there is a legal impediment  
• 101 Solemnisation of marriage by unauthorised person  
• 103 Going through ceremony of marriage before person not authorised to solemnise it  
• 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  
• SCHEDULE 1 Consent to the marriage of a minor