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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 .

"authorised celebrant" means:

  (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:

  (i)   a chaplain; or

  (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.

"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 , 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 .

"minister of religion" means:

  (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.

"prescribed authority" means:

  (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.

"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 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:

  (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.