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Table Of Contents

Part I—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
5 Interpretation
5A Application of the Criminal Code
7 Validity of certain marriages not affected
8 Extension of Act to Territories etc
9 Arrangements with State
Marriage education Part IA
Part IA—Marriage education
9B Grants to approved organizations
9C Approval of voluntary organizations
9E Reports and financial statements of approved organizations
Part II—Marriageable age and marriages of minors
10 Application of Part
11 Marriageable age
14 Persons whose consent is required
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
Part III—Void marriages
23 Grounds on which marriages are void
23A Application of Division
23B Grounds on which marriages are void
Part IV—Solemnization of marriages in Australia
Division 1—Authorized celebrants
Subdivision A—Ministers of religion
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
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
39E Capping of number of marriage celebrants for 5 years
39F Effect of registration
39G Obligations of each marriage celebrant
39H Performance reviews
39I Disciplinary measures
39J Review of decisions
42 Notice to be given and declaration made
43 Marriage may be solemnized on any day etc
44 Witnesses
45 Form of ceremony
47 Ministers of religion not bound to solemnize marriage etc
50 Marriage certificates
51 Incorrect marriage certificates
Division 3—Marriages by foreign diplomatic or consular officers
52 Interpretation
53 Application of Division
56 Recognition of marriages
57 Registrar and Deputy Registrar of Foreign Marriages
58 Register of Foreign Marriages Solemnized in Australia
59 Searches and certified copies
Part V—Marriages of members of the Defence Force overseas
71 Marriages of members of the Defence Force overseas
72 Form and ceremony of marriage
Division 4—General
73 Validity of marriages
74 Declaration to be made before chaplain
75 Chaplain to be satisfied of parties’ identity
77 Restriction on solemnization of marriages under this Part
79 Chaplain to retain consents etc
80 Marriage certificate and registration of marriages
81 Power to refuse to solemnize marriage
82 Marriages may be solemnized on any day and at any time
83 Validity of marriages under this Part
84 Registration of overseas marriages attended by a chaplain
86 Evidence
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
88EA Certain unions are not 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)
101 Solemnization of marriage by unauthorised person
104 Giving defective notice etc
105 Failure to comply with notice under section 51
106 Failure by interpreter to furnish certificate etc
Transitional provisions Part VIII
Part VIII—Transitional provisions
107 Exercise of powers etc. before commencement of Act
109 Consents etc. given under State or Territory laws
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
117 Evidence of registration etc
118 Right of ministers of religion to receive fees
120 Regulations
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MarriageAct1961_WD02

MarriageAct1961_WD02

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Published by Dina Heng

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Published by: Dina Heng on Sep 10, 2011
Copyright:Attribution Non-commercial

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09/10/2011

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