MARRIAGE ACT 1961 - SECT 5 Interpretation
MARRIAGE ACT 1961 - SECT 5
Interpretation(1) In this Act, unless the contrary intention appears:
"Ambassador" includes Minister, Head of Mission and Chargé d'Affaires .
"approved organisation" means an organisation 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 .
(a) in relation to a marriage proposed to be solemnised in Australia:
(i) a minister of religion registered under Subdivision A of Division 1 of Part IV; or
(ii) a person authorised to solemnise marriages under Subdivision B of Division 1 of Part IV; or
(iii) a marriage celebrant; or
(iv) a religious marriage celebrant; or
(b) in relation to a marriage proposed to be solemnised in accordance with Division 3 of Part V:
(ii) an officer (within the meaning of the Defence Act 1903 ), other than a chaplain, authorised by the Chief of the Defence Force under section 71A to solemnise marriages under that Division.
"celebrant registration charge" : see subsection 39FA(1).
"chaplain" means a chaplain in the Defence Force.
"charge payment day" : see subsection 39FA(2).
"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 Federal Circuit and Family Court of Australia (Division 1), or a Judge of the Federal Circuit and Family Court of Australia (Division 2), who is appointed by the Minister to be a person authorised 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.
(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 , Special Magistrate or Judge, or acting Judge, of a Local Court of the Territory.
"marriage" means the union of 2 people 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.
"medical practitioner" has the meaning given by the Health Insurance Act 1973 .
(a) a person recognised by a religious body or a religious organisation as having authority to solemnise marriages in accordance with the rites or customs of the body or organisation ; or
(b) in relation to a religious body or a religious organisation 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 organisation ; or
(ii) such other person or authority acting on behalf of that body or organisation as is prescribed;
to be an authorised 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.
(a) in relation to a marriage proposed to be solemnise d 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 solemnise d in accordance with Division 3 of Part V-- a chaplain or an officer (within the meaning of the Defence Act 1903 ), other than a chaplain, authorised by the Chief of the Defence Force under section 71A to solemnise marriages under that Division .
"recognised denomination" means a religious body or a religious organisation in respect of which a Proclamation under section 26 is in force.
"religious marriage celebrant" means a person identified as a religious marriage celebrant on the register of marriage celebrants under Subdivision D of Division 1 of Part IV.
(a) the Australian Capital Territory ; or
(b) the Northern Territory ; 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.
(a) a marriage is solemnise d in the presence of a person, being a person in whose presence a marriage may, in accordance with this Act, be lawfully solemnise d; and
(b) that person consents to the marriage being solemnise d in his or her presence;
that person shall, for the purposes of this Act, be deemed to solemnise the marriage.
(3) Any appointment or authorisation under this Act may be an appointment or authorisation of:
(b) every person from time to time holding or acting in a
specified office of the Commonwealth or of a State or Territory.