STATUTORY RULES.

1963. No. 31.

REGULATIONS UNDER THE MARRIAGE ACT 1961.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Marriage Act 1961.

Dated this fifth

day of April, 1963.

Governor-General.

By His Excellency’s Command,

Attorney-General.

MARRIAGE REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Marriage Regulations.

Commencement.

2. These Regulations shall come into operation on the date fixed by Proclamation under sub-section (2.) of section 2 of the Act.

Parts.

3. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary (Regulations 1-6).

Part II.—Marriages of Minors.

Part III.—Solemnization of Marriages in Australia.

Part IV.—Solemnization of Marriages Overseas (Regulations 44-51).

* Notified in the Commonwealth Gazette on 11th April, 1963.

11686/62.—Price 1s. 9d. 9/27.3.1963.

Part V.—Legitimation.

Interpretation.

4.—(1.) In these Regulations, unless the contrary intention appears—

“ birth certificate ”, in relation to a person, means an official certificate, or official extract of an entry in an official register, showing the date and place of birth of the person;

(2.) Where in these Regulations reference is made to an Act of a State, or to an Ordinance of a Territory, and that Act or Ordinance is subsequently amended, then the reference shall, from the date of the amendment, be deemed to be a reference to that Act or Ordinance as so amended.

Schedules and forms.

5. In these Regulations, a reference to a Schedule by number shall be read as a reference to the Schedule so numbered to these Regulations, and a reference to a Form by number shall be read as a reference to the Form so numbered in the First Schedule to these Regulations.

Compliance with forms.

6.—(1.) Strict compliance with the Forms in the First Schedule is not necessary and substantial compliance, or such compliance as the circumstances of a particular case allows, is sufficient.

(2.) A Form shall be completed in accordance with any directions contained in that Form.

(3.) Where the citation of an Act that is cited in a. Form is subsequently altered, the citation as altered may be substituted for the citation of the Act in the Form.

Part II.—Marriages of Minors.

Division I.—Consent of Parents, Guardians, &c.

Consent of parent, &c., to marriage of minor.

7.—(1.) A consent of a person whose consent is required by the Act to the marriage of a minor shall—

(2.) Where a consent does not contain all the particulars required by paragraphs (a), (c) and (d) of the last preceding sub-regulation but identifies the person giving it and the parties to the marriage to which it relates, the consent shall be deemed to comply with those paragraphs.

(3.) Subject to the next succeeding sub-regulation, where a celebrant solemnizes the marriage of a minor and a document was produced to the celebrant as the consent of a person whose consent to the marriage of the minor is required by the Act, the celebrant shall, by writing under his hand written on the consent, state the manner in which he satisfied himself that the person who gave the consent is a person whose consent to the marriage of the minor is so required.

Penalty: Fifty pounds.

(4.) The last preceding sub-regulation does not apply—

(5.) Sub-regulation (1.) of this regulation does not apply to the consent of a Judge or magistrate under Part II. of the Act.

Consent of illiterate or blind person.

8.—(1.) Where it appears to a person (in this regulation referred to as “ the witness ”) subscribing his name as a witness to the signature of a person (in this regulation referred to as “ the party giving the consent ”) to a consent to the marriage of a minor that the party giving the consent is illiterate or blind, the witness shall not so subscribe his name as a witness unless—

(2.) Where the last preceding sub-regulation has been complied with in relation to a consent, the witness to the signature of the party giving the consent shall certify accordingly by writing under his hand written on the consent.

Penalty: Fifty pounds.

Consent not in English language.

9.—(1.) Where a consent to the marriage of a minor that is produced to the celebrant solemnizing the marriage is written in a language other than the English language, the celebrant shall attach a translation of the consent into the English language—

to the consent, and forward the translation with the consent to the appropriate registering authority to whom the consent is required to be forwarded under paragraph (b) of sub-section (4.) of section 50 of the Act or under paragraph (b) of sub-section (4.) of section 80 of the Act, as the case may be.

(2.) A person who makes a translation of a consent for the purposes of this regulation shall certify, on the translation, that it is a translation of the consent and that he is competent to make the translation.

Penalty: Fifty pounds.

(3.) A person shall not wilfully make a false statement in a certificate given for the purposes of the last preceding sub-regulation.

(4.) Where a translation of a consent is made for the purposes of this regulation by a person other than the celebrant who solemnizes the marriage to which it relates, the celebrant shall certify, on the translation, as to his belief in the competency of that person to make the translation.

(5.) A celebrant who fails to comply with the last preceding sub-regulation commits an offence punishable, upon conviction, by a fine not exceeding Fifty pounds.

Division 2.—Dispensing with the Consent of Parents, Guardians, &c.

Application to dispense with consent.

10. An application under section 15 of the Act to dispense with the consent of a person whose consent is required to a proposed marriage of a minor—

Form of dispensation, and of notice of refusal to dispense, with consent.

11.—(1.) Where a prescribed authority dispenses with the consent of a person to a proposed marriage of a minor, he shall furnish to the minor a dispensation in accordance with Form 2.

(2.) Where a prescribed authority refuses to dispense with the consent of a person to a proposed marriage of a minor, he shall give notice of the refusal to the minor in accordance with Form 3.

Division 3.—Consent by Judges or Magistrates in Place of Parents, Guardians, &c.

Consent by magistrate to marriage of minor.

12.—(1.) A person intending to make application to a magistrate of a State or Territory under section 16 of the Act shall deliver notice of the application to the clerk of a court of summary jurisdiction in the State or Territory.

(2.) Notice of an application under sub-section (1.) of section 16 of the Act for the consent of a magistrate to the proposed marriage of a minor in place of a person whose consent to the proposed marriage is required by the Act—

(3.) Notice of an application under sub-section (1.) of section 16 of the Act by a minor who has previously made application (not being an application that was withdrawn) under that section in relation to his proposed marriage shall state—

(4.) Where a minor who intends to make application under sub-section (1.) of section 16 of the Act has made a previous application, under that sub-section and the previous application had been re-heard under section 17 of the Act, the notice of the application shall state—

(5.) Where, after a prescribed authority has refused to dispense with the consent of a person to the proposed marriage of a minor, the minor intends to make application under sub-section (1.) of section 16 of the Act for the consent of a magistrate to the proposed marriage in place of the consent of that person, the prescribed authority’s notice of refusal shall be attached to the notice of the application.

(6.) Notice of an application under sub-section (5.) of section 16 of the Act may be filed at the same time as, and joined with, notice of an application under sub-section: (1.) of section 16 of the Act.

(7.) The consent of a magistrate upon an application under section 16 of the Act shall be in accordance with Form 5.

Re-hearing of application for consent to marriage of a minor.

13.—(1.) Where an application under sub-section (1.) of section 16 of the Act is granted or an application under sub-section (1.) or (5.) of that section is refused, the prescribed time for the purposes of section 17 of the Act is fourteen days from the day on which the application was granted or refused, as the case may be.

(2.) A request for the re-hearing, by a Judge of a Court, of an application under section 16 of the Act shall be made by filing the request in an appropriate office of the Court.

(3.) A request under section 17 of the Act—

(4.) A request under section 17 of the Act shall have attached to it a copy of the notice of application under section 16 of the Act to which it relates or shall state the matters required by the last preceding regulation and by Form, 4 to be stated in such notice.

(5.) An. application under sub-section (5.) of section 16 of the Act, in its application, by virtue of sub-section (2.) of section 17 of the Act, to requests under section 17 of the Act, may be made at the same time as, and joined with, such a request.

Notice of request to be served on magistrate.

14.—(1.) A person who requests, under section 17 of the Act, the re-hearing of an application under section 16 of the Act shall, on the day on which the request is filed, serve notice of the request on the magistrate who heard the application.

(2.) Notice of a request may be served on the magistrate who heard an application—

(3.) Where notice of a request for the re-hearing of an application by a Judge of a Court is served on a magistrate under the last preceding sub-regulation, the magistrate shall cause the documents relating to the inquiry

to which the request relates, including any transcript of the evidence given at that inquiry or any depositions of the witnesses at that inquiry, to be forwarded to the appropriate office of that Court.

Division 4.—Authorization of Marriages of Persons not of Marriageable Age.

Applications under section 12.

15.—(1.) A person intending to make application to a Judge or a Court under section 12 of the Act shall file notice of the application in an appropriate office of the Court.

(2.) A person intending to make application to a magistrate of a State or Territory under section 12 of the Act shall deliver notice of the application to the clerk of a court of summary jurisdiction in the State or Territory.

Applications.

16. Notice of an application under section 12 of the Act—

Affidavits in support of applications.

17.—(1.) As far as practicable, the facts on which an applicant intends to rely in support of his application shall be stated in affidavits.

(2.) An affidavit to be used at an inquiry concerning an application shall, unless the Judge or magistrate holding the inquiry otherwise directs, be filed before it is so used.

Order authorizing marriage.

18.—(1.) Where a marriage is solemnized between two persons, one of whom has been authorized to marry the other by an order under section 12 of the Act, the person who has been so authorized shall produce the order to the celebrant who solemnizes the marriage.

(2.) A celebrant who solemnizes a marriage in relation to which an order under section 1.2 of the Act has been produced to him shall—

Division 5.—Practice and Procedure Relating to Inquiries.

Definitions.

and includes a request;

Time and place of hearing.

20.—(1.) As soon as practicable after notice of an application to a Judge is filed in the office of a Court, the appropriate officer of the Court shall fix a time, date and place for the holding of an inquiry into the relevant facts and circumstances.

(2.) As soon as practicable after notice of an application to a magistrate is delivered to the clerk of a court of summary jurisdiction, the clerk shall fix a time, date and place for the holding of an inquiry into the relevant facts and circumstances.

(3.) An officer or clerk who fixes the time, date and place for the holding of an inquiry shall give notice of the time, date and place so fixed to the applicant.

(4.) Subject to the next succeeding sub-regulation, an applicant shall serve personally on each other person who is required by section 18 of the Act to be given an opportunity of being heard at that inquiry notice of the time, date and place fixed for the holding of that inquiry, in accordance with Form 8, together with a copy of his notice of application.

(5.) Where notice of an application has been filed in an office of a Court or delivered to the clerk of a court of summary jurisdiction, the appropriate officer of the court may, upon the request of the applicant and after consultation with a Judge or magistrate, as the case may be—

Inquiries.

21.—(1.) A Judge or magistrate may adjourn an inquiry from time to time and from place to place.

(2.) A Judge or magistrate shall conduct an inquiry without regard to legal forms and solemnities.

(3.) A barrister or solicitor representing a person who is given an opportunity of being heard at an inquiry may examine or cross-examine witnesses and address the Judge or magistrate conducting the inquiry.

(4.) Where a Judge or magistrate has heard and dealt with an application under section 12 or 16 of the Act, or where a Judge has heard and dealt with a request under section 17 of the Act, a birth certificate or consent that accompanied the application or request shall, unless the Judge or magistrate otherwise directs, be returned to the person who made the application or request.

Forwarding documents to Judge or magistrate on subsequent application.

22.—(1.) Where a Judge or magistrate to whom an application is made under section 12 of the Act, or a magistrate to whom an application is made under section 16 of the Act, refuses to proceed with the hearing

of the application upon the ground that he is satisfied that the matter could more properly he dealt with by a Judge or magistrate sitting at a particular place that is nearer the place where the applicant ordinarily resides, the notice of the application, and any affidavit filed in relation to the application, shall, if the applicant requests, either orally, immediately after the refusal, or by writing under his hand, at any subsequent time, that the application be heard by a Judge or magistrate, as the case may be, sitting at that place, be forwarded to—

(2.) Where notice of an application and the affidavits in relation to an application have been received by the officer or clerk to whom they have been forwarded under the last preceding sub-regulation, the notice and affidavits shall be dealt with as if they had been filed in the appropriate office of that court or delivered to the clerk of that court of summary jurisdiction, as the case may be.

Power to send for witnesses and documents.

23.—(1.) Where notice of an application has been filed in the office of a Court, a Judge of the Court may, if he thinks it reasonable and proper so to do, issue a summons, in accordance with Form 9, requiring a person named in the summons to appear as a witness upon the hearing of the application.

(2.) Where notice of an application has been delivered to the clerk of a court of summary jurisdiction, a magistrate may, if he thinks it reasonable and proper so to do, issue a summons, in accordance with Form 9, requiring a person named in the summons to appear as a witness upon the hearing of the application.

(3.) Service of a summons under this regulation shall be effected by delivering a copy of the summons to the person to be served personally and, at the same time, showing the summons to him.

Duty of witness to continue in attendance.

24. A person who has been summoned to attend before a Judge or magistrate as a witness shall appear and report himself at the time and place specified in the summons and then from day to day, unless excused by a Judge or magistrate, as the case may be.

Arrest of witness failing to attend.

25.—(1.) If a person who has been summoned to attend before a Judge or magistrate fails so to attend as required by the last preceding regulation, the Judge or magistrate, as the case may be, may, on being satisfied that the summons has been duly served and that reasonable expenses have been paid or tendered to that person, issue a warrant for the apprehension of that person.

(2.) A warrant so issued authorizes the apprehension of the person and his being brought before the Judge or magistrate, as the case may be, and his detention in custody for that purpose until he is released by order of the Judge or magistrate, as the case may be.

(3.) A warrant so issued may be executed by a member of the police force of the Commonwealth or a State or Territory, by the Sheriff or an officer of the Sheriff of a State or Territory or by any person to whom it is

addressed, and the person executing it has power to break and enter any place, building or vessel for the purpose of executing the warrant.

(4.) The apprehension of a person under this regulation does not relieve him from any liability incurred by him by reason of his failure to attend before the Judge or magistrate.

Witness expenses.

26.—(1.) A person who attends in obedience to a summons to attend as a witness before a Judge of a Court, or before a magistrate of a State or Territory, is entitled to be paid witness expenses and travelling allowances as if he were attending as a witness before that Court, or before a court of summary jurisdiction in that State or Territory, as the case may be, or, in special circumstances, such expenses and allowances as the Judge or magistrate directs (less any amount previously paid to him for his expenses of attendance).

(2.) The expenses and allowances arc payable by the person at whose request the witness was summoned.

Power to examine on oath.

27.—(1.) A Judge or magistrate may administer an oath to a person appearing as a witness before the Judge or magistrate, whether the witness has been summoned or appears without being summoned, and may examine the witness on oath.

(2.) Where a witness conscientiously objects to take an oath, he may make an affirmation that he conscientiously objects to take an oath and that he will state the truth, the whole truth, and nothing but the truth to all questions that arc asked him.

(3.) An affirmation so made is of the same force and effect, and entails the same liabilities, as an oath.

Offences by witnesses.

28. A person summoned to attend before a Judge or magistrate as a witness shall not—

Penalty: One hundred pounds.

Offences in relation to Judges, &c.

29.—(1.) A person shall not, when a Judge or magistrate is conducting an inquiry under Part II. of the Act—

(2.) A person shall not, by writing or speech, use words calculated—

Penalty: One hundred pounds.

Protection of Judges, &c.

30.—(1.) A Judge of a Court of a State or Territory, or a magistrate of a State or Territory, has, in the performance of his duty as a Judge or magistrate under Part II. of the Act, the same protection and immunity as a Judge of the Supreme Court of that State or Territory has in the performance of his duty as a Judge of the Supreme Court.

(2.) A barrister or solicitor appearing before a Judge of a Court of a State or Territory, or before a magistrate of a State or Territory, in connexion with an inquiry under Part II. of the Act, has the same protection and immunity as a barrister or solicitor, as the case may be, has in. appearing for a party in proceedings in the Supreme Court of that State or Territory.

(3.) Where a party who is not represented by a barrister or solicitor appears before a Judge of a. Court of a State or Territory, or before a magistrate of a State or Territory, in connexion with such an inquiry, the party has the same protection and immunity as a party to proceedings in the Supreme Court of that State or Territory has in appearing before that Court when not so represented.

(4.) A witness summoned to attend or appearing before a Judge of a Court of a State or Territory or before a magistrate of a State or Territory has the same protection as a witness in proceedings in the Supreme Court of that State or Territory.

Part III.—Solemnization of Marriages in Australia.

Division 1.—Authorization of Ministers of Religion as Celebrants.

Nomination of minister of religion.

31. A nomination of a minister of religion for registration under Division 1 of Part IV. of the Act shall be in accordance with Form 10.

Application to be registered in the register of ministers of religion.

32. An application under sub-section (1.) of section 30 of the Act shall be in accordance with Form 11.

Notice of intention to remove name of minister of religion from the register.

33.—(1.) A notice under sub-section (2.) of section 33 of the Act shall be in accordance with Form 12.

(2.) A notice under sub-section (2.) of section 33 of the Act shall be given to the person to whom it relates—

Notice of removal of person from the register to be given to recognized denomination.

34. Where a Registrar of Ministers of Religion removes the name of a person from a Register of Ministers of Religion on a ground specified in paragraph (d) or (e) of section 33 of the Act, the Registrar shall give notice of the removal to the recognized denomination of which the person is a minister of religion.

Notice of change of address, &c

35. A notification under sub-section (1.) of section 35 of the Act—

Annual list of ministers of religion.

36.—(1.) On or before the last day in January in each year, a recognized denomination shall furnish to the Registrar of Ministers of Religion for each State or Territory in which were ordinarily resident any persons registered under Division 1 of Part IV. of the Act as ministers of religion for that denomination who were exercising the function of such a minister of religion on the first day of January in that year a list containing particulars of those persons who were ordinarily resident in that State or Territory.

(2.) A list furnished under the last preceding sub-regulation shall state—

Recognized denomination to furnish information.

37.—(1.) The Registrar of Ministers of Religion for a State or Territory may, by notice in writing to a recognized denomination, require the denomination to furnish to the Registrar, within fourteen days after receipt of the notice or within such extended period as the Registrar allows, a statement containing such information as is indicated in the notice, being information affecting or likely to affect the right to registration under Division 1 of Part IV. of the Act of a person who is registered as a minister of religion of that denomination.

(2.) A statement furnished in pursuance of a notice under this regulation shall be in such form as the Registrar directs, and shall be signed by a member of the denomination on behalf of the denomination.

(3.) A person who signs a statement furnished under this section shall certify in writing at the foot at the statement as to the correctness of the information contained in it.

(4.) A person shall not wilfully make a false statement in a certificate for the purpose of the last preceding sub-regulation.

Penalty: One hundred pounds.

(5.) It is the duty of a recognized denomination to comply with a notice given to it under this regulation.

Division 2.—Solemnization of Marriages.

Notice of intended marriage.

38.—(1.) A notice under paragraph (a) of sub-section (1.) of section 42 of the Act shall be in accordance with Form 13.

(2.) An authorized celebrant to whom a notice of intended marriage has been given in accordance with sub-section (1.) of section 42 of the Act shall endorse on the notice the date on which he received the notice.

(3.) An authorized celebrant who solemnizes a marriage shall endorse on the notice of intended marriage in respect of the marriage—

Penalty: Fifty pounds.

Declaration to be made by party to a marriage.

39. A declaration under paragraph (c) of sub-section (1.) of section 42 of the Act shall be in accordance with, Form 14, and shall state whether the party making the declaration has attained the age of twenty-one years and, if the party has not attained that age, the date of birth of the party.

Certificate of marriage where marriage solemnized in Australia.

40. For the purposes of sub-section (1.) of section 50 of the Act—

Appropriate registering authorities.

41. For the purposes of paragraph (b) of sub-section (4.) of section 50 of the Act, the appropriate registering authority to whom an authorized celebrant is required to forward the documents referred to in that paragraph relating to a marriage shall be ascertained by reference to the Second Schedule according to the situation of the place where the marriage was solemnized.

Disposal of the retained official certificate of a marriage.

42.—(1.) An authorized celebrant who is a minister of religion registered under Division 1 of Part IV. of the Act on the nomination of or in respect of a recognized denomination shall incorporate the retained official certificate of a marriage solemnized by him—

(2.) Where an authorized celebrant who is a person authorized to solemnize marriages by virtue of sub-section (1.) of section 39 of the Act solemnizes a marriage, he shall—

(3.) An authorized celebrant who is authorized to solemnize marriages by virtue of an authorization under sub-section (2.) of section 39 of the Act may destroy the retained official certificate of a marriage solemnized by him at any time after the expiration of six years after the solemnization of the marriage.

(4.) For the purposes of sub-regulation (2.) of this regulation, the principal registering authority of a State or Territory specified in the first column of the Third Schedule is the authority of that State or Territory specified in the second column of that Schedule opposite to the name of the State or Territory.

Lost official certificates of marriage.

43.—(1.) Where the official certificate of a marriage is not received by the registering authority to whom it was forwarded by the celebrant who solemnized the marriage, or is lost or destroyed after having been received by that registering authority, the registering authority may, by notice in writing to the celebrant, or to another person whom the registering authority believes to have the custody of, or control over, the retained official certificate of the marriage, require him to—

(2.) A celebrant or other person who receives a notice under the last preceding sub-regulation in relation, to a marriage shall—

Penalty: One hundred pounds.

(3.) A copy of the retained official certificate of a marriage prepared and certified in accordance with this regulation has the same force and effect as if it were an official certificate of the marriage prepared and signed in accordance with section 50 of the Act and as if it were the official certificate of the marriage referred to in sub-section (3.) of that section.

Part IV.—Solemnization of Marriages Overseas.

Notice of intended marriage.

44.—(1.) A notice under sub-section (1.) of section 66 of the Act shall be in accordance with Form 17.

(2.) A marriage officer to whom a notice of intended marriage has been given in accordance with sub-section (1.) of section 66 of the Act shall endorse on the notice the date on which he received the notice.

(3.) A marriage officer who solemnizes a marriage shall endorse on the notice of intended marriage in respect of the marriage—

Penalty: Fifty pounds.

Caveats.

45. A caveat under sub-section (1.) of section 68 of the Act shall be in accordance with Form 18.

Declaration to be made before marriage officer or chaplain.

46. A declaration, under sub-section (1.) of section 74 of the Act shall be in accordance with Form 14, and shall state whether the party making the declaration has attained the age of twenty-one years and, if the party has not attained that age, the date of birth of the party.

Certificates of marriage where marriage solemnized overseas.

47. For the purposes of sub-section (1.) of section 80 of the Act—

Disposal of copy of certificate of marriage.

48.—(1.) For the purposes of paragraph (c) of sub-section (4.) of section 80 of the Act, the prescribed period is three months.

(2.) A marriage officer who solemnizes a marriage shall deal with the other official certificate of the marriage for the purposes of paragraph (c) of sub-section (4.) of section 80 of the Act by filing it with the records of his office.

(3.) A chaplain who solemnizes a marriage shall deal with the other official certificate of the marriage for the purposes of paragraph (c) of sub-section (4.) of section 80 of the Act—

Form of annual return of marriages solemnized.

49. For the purposes of sub-section (8.) of section 80 of the Act, particulars of a marriage or of marriages solemnized by a marriage officer or chaplain shall be in acordance with Form 19.

Certificate of overseas marriage attended by marriage officer or chaplain.

50. A certificate under sub-section (1.) of section 84 of the Act shall be in accordance with Form 20.

Prescribed overseas countries.

51. For the purposes of paragraph (a) of sub-section (1.) of section 85 of the Act, each of the countries specified in the Fourth Schedule is a prescribed overseas country.

Part V.—Legitimation.

Division 1.—Preliminary.

Interpretation.

52.—(1.) In this Part, unless the contrary intention appears—

“ legitimacy order ” means an order under section 92 of the Act;

“ official record ” means—

(2.) In this Part, references to a legitimated child shall, unless the contrary intention appears, be read as including references to a child born before the commencing date as well as to a child born on or after that date, and to a child not living at the time of the marriage of his parents or, in the case of a child born before the commencing date, on that date.

Official records of births or marriages.

53.—(1.) A requirement in this Part that a person produce or furnish to a person an official record of a birth or marriage shall be read as a requirement that the person produce or furnish either an official record of the birth or marriage written in the English language or an. official record of the birth or marriage written in a language other than the English language together with a translation, in the English language, of the official record, being a translation having written on it a declaration signed by the person who made the translation declaring that the translation is a translation of the official record of which it purports to be a translation and that he is competent to make a translation of that official record.

(2.) A person shall not wilfully make a false statement in a declaration for the purposes of the last preceding sub-regulation.

Penalty: One hundred pounds.

Registering authorities.

54. For the purposes of this Part, the registering authority in a State or Territory specified in the first column of the Third Schedule to these Regulations is the authority of that State or Territory specified in the second column of that Schedule opposite to the name of the State or Territory.

Penalty for giving false information.

55. A person shall not furnish to a registering authority in relation to the legitimation of a person any information that is, to the knowledge of the person, false or misleading in a material particular.

Penalty: One hundred pounds.

Division 2.—Information to Permit the Re-registration of the Births of Legitimated Children, other than Children of Void Marriages.

Definitions.

56. In this Division, unless the contrary intention appears, “ legitimated child ” means a person—

but does not include a child who had, before the commencing date, been registered as the legitimate child of his parents under a law of the State or Territory in which his birth is registered, being a law relating to the legitimation of children born illegitimate whose parents marry each other after the birth.

When parents to furnish information concerning legitimation.

57.—(1.) Where the marriage of the parents of a legitimated child was solemnized before the commencing date and the parents are, or one of the parents is, living on the commencing date, each of the parents, or the surviving parent, as the case may be, shall furnish information, in accordance with Form 21, with respect to the legitimation of the child to the appropriate registering authority within six months after the commencing date.

(2.) Where the marriage of the parents of a legitimated child was solemnized after the commencing date, the parents shall each, or if one of the parents has died the surviving parent shall, furnish information, in accordance with Form 21, with respect to the legitimation of the child to the appropriate registering authority within three months after the solemnization of the marriage.

(3.) Where, but for this sub-regulation, the father and the mother of a legitimated child whose birth is registered in a register of births kept under a law of a State or Territory would each be required by this regulation to furnish information with respect to the legitimation of the child, the furnishing of information with respect to the legitimation by the father or the mother shall be deemed to be compliance with this regulation by the father and the mother if—

has been produced to the appropriate registering authority; or

Information to be furnished concerning legitimation.

58.—(1.) The information to be furnished to a registering authority with respect to a legitimation in accordance with the last preceding regulation is such of the information indicated in Form 21 as is applicable in the circumstances of the particular case and is within the knowledge of the person required to furnish the information or is ascertainable with accuracy by that person by making reasonable inquiries.

(2.) A parent of a legitimated child who furnishes information with respect to the legitimation to a registering authority shall produce, for inspection by the registering authority, an official record1 of the marriage of the parents of the child, unless the other parent of the child has produced such an official record for inspection by the registering authority or unless he furnishes to the registering authority a statement under his hand stating that, for reasons specified in the statement, it is impracticable to obtain such an official record.

Applicant who obtains order under section 92 to furnish particulars of the order.

59.—(1.) Where a legitimacy order has been made declaring that a person who is a legitimated child for the purposes of this Division—

the applicant shall furnish information with respect to the order to the appropriate registering authority.

(2.) The information referred to in the last preceding sub-regulation shall be furnished—

(3.) For the purposes of the last preceding sub-regulation, the date on Which an appeal shall be taken to be finally disposed of is the earliest date by which the appeal (including any further appeal) has been determined and any time for further appealing has expired.

(4.) The information that is to be furnished with respect to a legitimacy order is—

(5.) An applicant who furnishes information with respect to a legitimacy order to a registering authority shall produce the order or a certified copy of the order for inspection by the registering authority.

Registering authorities may give notice requiring the furnishing of information.

60.—(1.) Subject to the next succeeding sub-regulation, a registering authority may, by notice in writing to a person, require him to furnish to the registering authority, within fourteen days after receipt of the notice or within such extended period as the registering authority allows, a statement of such information specified in the notice, being information relating to the legitimation of the child other than information with respect to the paternity of the child, as is within the knowledge of that person or is ascertainable with accuracy by that person by making reasonable inquiries.

(2.) A person shall not be required by the registering authority in a State or Territory to furnish information under the last preceding sub-regulation unless the information relates to the legitimation of a child—

(3.) A statement furnished in pursuance of a notice under sub-regulation (1.) of this regulation shall be in such form as the registering authority directs in the notice.

(4.) A person who furnishes a statement in pursuance of a notice under sub-regulation (1.) of this regulation shall certify in writing at the foot of the statement as to the correctness of the information included in the statement.

(5.) A person who is required by a registering authority under sub-regulation (1.) of this regulation to furnish a statement of information relating to the legitimation of a person shall not—

Penalty: One hundred pounds.

Division 3.—Information to Permit the Re-registration of the Births of Legitimated Children of Void Marriages.

Definitions.

61. In this Division, unless the contrary intention appears, “ legitimated child ” means a person—

(b) who is the child of a void marriage; and

(c) who is the legitimate child of his parents by virtue of section 91 of the Act,

but does not include a child whose birth is registered in such a register as if he was, at the time of his birth, the legitimate child of his parents.

Parent of legitimated child to furnish information concerning legitimation.

62.—(1.) A parent of a legitimated child—

shall furnish, in accordance with Form 21, information with respect to the legitimation of the child to the appropriate registering authority.

(2.) The information to be furnished to a registering authority with respect to a legitimation in accordance with the last preceding sub-regulation is such of the information indicated in Form 21 as is applicable in the circumstances of the particular case and is within the knowledge of the parent furnishing the information or is ascertainable with accuracy by that parent by making reasonable inquiries.

(3.) A parent of a legitimated child who furnishes information with respect to the legitimation of the child to a registering authority in a State or Territory shall, unless he furnishes to the registering authority a statement under his hand stating that, for reasons specified in the statement it is impracticable to obtain it, produce, for inspection by the registering authority—

Application of certain regulations.

63. Regulations 59 and 60 of these Regulations apply to and in relation to a person who is a legitimated child for the purposes of this Division as if—

(b) references to Division 2 of this Part were references to this Division.

Division 4.—Registration of Other Legitimations in the Register of Foreign Legitimations.

Definitions.

64. In this Division—

(ii) who is the child of a void marriage; and

(iii) who is the legitimate child of his parents by virtue of section 91 of the Act;

Powers of acting registrar, deputy registrar, &c.

65.—(1.) A person appointed under sub-section (3.) of section 6 of the Ordinance to act in the office of Registrar of Births, Deaths and Marriages under the Ordinance has all the powers, and shall perform all the functions, of the Registrar under this Division during any vacancy in the office, or in the event of any illness or absence, of the Registrar.

(2.) The person holding the office of Deputy Registrar of Births, Deaths and Marriages under the Ordinance may, subject to any directions of the Registrar, exercise any power or perform any function of the Registrar under this Division.

(3.) A person appointed under sub-section (3.) of section 6 of the Ordinance to act in the office of Deputy Registrar of Births, Deaths and Marriages under the Ordinance may, subject to any directions of the Registrar, exercise any power or perform any function of the Registrar under this Division during any vacancy in the office, or in the event of any illness or absence, of the Deputy Registrar of Births, Deaths and Marriages under the Ordinance.

(4.) The Registrar may, either generally or in relation to a matter or class of matters, by writing under his hand, delegate to an Assistant Registrar of Births, Deaths and Marriages under the Ordinance all or any of his powers or functions under this Division (except this power of delegation).

(5.) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.

(6.) A delegation under sub-regulation (4.) of this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the Registrar or by the Deputy Registrar of Births, Deaths and Marriages.

Stamps and signatures.

66.—(1.) The Registrar shall sign, and stamp or cause to be stamped with the stamp referred to in sub-section (1.) of section 49 of the Ordinance, every registration of a legitimation made by him in the register and every certificate issued by him under this Division.

(2.) Instead of signing his name on a document (including the register and an entry in the register) or on a certificate issued under this Division, the Registrar may stamp the document or certificate, or cause the document or certificate to be stamped, with the stamp referred to in sub-section (3.) of section 49 of the Ordinance, and the document or certificate shall then be deemed to have been signed by the Registrar.

(3.) All courts and all persons acting judicially shall take judicial notice of the mark of a stamp referred to in this regulation affixed on a document or certificate and, in the absence of proof to the contrary, shall presume that it was affixed by proper authority.

Register of Foreign Legitimations,

67.—(1.) The Registrar shall keep a register, to be called the Register of Foreign Legitimations, in such form as the Attorney-General directs.

(2.) The Registrar shall register in the register all legitimations which by this Division he is required to register.

(3.) The Registrar shall keep an index of the entries in the register.

Registration of legitimations in the Register of Foreign Legitimations.

68.—(1.) Application to register the legitmation of a legitimated child in the register may be made to the Registar—

(i) by the parents of the legitimated child;

(ii) by the surviving parent of the legitimated child; or

(iii) by a person who has obtained a legitimacy order relating to the child; or

(ii) by a person, who has obtained a legitimacy order relating to the child.

(2.) Subject to this regulation, an application shall be deemed not to have been duly made to the Registrar unless—

(3.) Where it is impracticable for an applicant to obtain an official record of birth in respect of the birth of the child or an official record of marriage in respect of the marriage of the parents of the child, the applicant shall furnish to the Registrar a statement under his hand stating that, for reasons specified in the statement, it is impracticable to obtain such an official record.

(4.) Where application is duly made to the Registrar to register the legitimation of a legitimated child in the register, the Registrar shall, subject to the next succeeding sub-regulation, if he has no reason to believe that the child is not such a legitimated; child or that any of the information furnished to him in the application is not true and correct, register the legitimation in the register.

(5.) The Registrar may make such inquiries (if any) as he thinks fit with a view to ascertaining whether the child to whom an application relates is a legitimated child within the meaning of this Division and the information contained in the application is correct.

(6.) Registration of the legitimation of a legitimated child shall be effected by entering in the register the particulars of the legitimation, the legitimated child and the parents of the legitimated child indicated in the register.

Correction of errors in the register.

69.—(1.) Where the Registrar is satisfied that the register contains an error or mis-statement in, or an omission from, any particulars entered in it, he may correct the register by causing the true particulars, or the particulars omitted from the register, as the case may be, to be entered in the register containing the entry of legitimation to which the last-mentioned particulars relate.

(2.) Where the Registrar causes particulars to be entered in the register under the last preceding sub-regulation, he shall sign his name immediately under the particulars and write the date on which those particulars were so entered.

Searches and copies.

70.—(1.) A person may make application in writing to the Registrar to cause a search to be made in the index kept under this Division and in the register and to have issued to him a certificate in respect of a registration in the register.

(2.) An application under the last preceding sub-regulation shall be deemed not to have been duly made unless it specifies—

(3.) Subject to the next succeeding sub-regulation, the Registrar shall, on receipt of an application under this regulation and of the prescribed fee—

(4.) Where the Registrar is of opinion that a search or certificate is required for an improper reason or that the person requiring the search or certificate has not a proper reason for requiring it, he may refuse to make the search or to issue the certificate.

Evidence.

71.—(1.) A certificate under the last preceding regulation in respect of a registration in the register is, for all purposes in connexion with which the legitimacy of the child is related, evidence that the child specified in the certificate is the legitimate child of the parents specified in the certificate, of the facts specified in the certificate and that the registration in respect of the child was duly made.

(2.) A document purporting to be a certificate under the last preceding regulation and to have been duly signed and stamped with the stamp of the Registrar shall, unless the contrary is proved, be deemed to be such a certificate and to have been duly issued.

Part VI.—Miscellaneous.

Interpreter’s certificate.

72. For the purposes of sub-section (3.) of section 112 of the Act, a certificate by an interpreter shall be in accordance with Form 24.

Endorsement in case of second marriage ceremony.

73. An endorsement for the purposes of sub-section (4.) of section 113 of the Act on a certificate issued in respect of a marriage shall be in accordance with the following form and under the hand of the person by whom or in whose presence the form or ceremony of marriage took place or was performed in pursuance of sub-section (2.) of that section:—

“ The form or ceremony of marriage between the abovementioned parties took place or was performed in pursuance of sub-section (2.) of section 113 of the Marriage Act 1961, those parties having previously gone through a form or ceremony of marriage with each other on the              day of              , 19              , at              .

Dated the day of ,

19 .

(Signature of celebrant.)”.

Fees.

74.—(1.) The fees specified in column 3 of the Fifth Schedule arc the fees prescribed in respect of the respective matters in column 2 of that Schedule opposite to which they are so specified.

(2.) An authorized celebrant may for special reasons, in the case of a particular marriage, remit either wholly or in part the fee for solemnizing the marriage.

(3.) A document shall be taken not to have been duly filed for the purposes of these Regulations unless the fee (if any) specified in column 3 of the Fifth Schedule in respect of the filing of the document has been paid.

(4.) A notice of an application to a magistrate under section 12 or 16 of the Act shall be taken not to have been duly delivered to the clerk of a court of summary jurisdiction unless the fee specified in column 3 of the Fifth Schedule in respect of that notice of application has been paid to that clerk.

(5.) The fee specified in the Fifth Schedule for a notice of intended marriage given to an authorized celebrant who is not a minister of religion or to a marriage officer is payable upon the giving of the notice, and the fee so specified for a marriage solemnized by such a person is payable upon the solemnization of the marriage.

Return of official books, &c., to registering authorities.

75.—(1.) Where the Commonwealth has made available to a person who is or has been an authorized celebrant any books, documents, forms or other papers for use in connexion with the solemnization of marriages by the person, a registering authority for a State or Territory may, by notice in writing to the person, require him to return to that registering authority, within fourteen days after receipt of the notice or within such extended period as the registering authority allows, such of those books, documents, forms or other papers as are specified in the notice and are in his possession.

(2.) A person shall not fail to comply with the requirements of a notice duly given to him under the last preceding sub-regulation.

Penalty: Fifty pounds.

(3.) In this regulation, “ registering authority ”, in relation to a State or Territory, has the same meaning as in Part V. of these Regulations.

FIRST SCHEDULE.

Form 1.

Regulation 10.

Commonwealth of Australia.

Marriage Act 1961.

APPLICATION TO DISPENSE WITH A CONSENT TO THE PROPOSED MARRIAGE OF A MINOR.

To:

I, (full name, address and occupation of minor), who was born on the day of              , 19 , apply to dispense with the consent of (full name and address), who is my (capacity in which the person’s consent is required to the proposed marriage) to my proposed marriage with (full name, address and occupation), who was born on the              day of              , 19 .

2. No other person is required to consent to my proposed marriage.

or

2. The consent of (full name and address), who is my (capacity in which the person’s consent is required to the proposed marriage), is also required to my proposed marriage.

3. (If consent to the proposed marriage has been given by or in place of another person, state accordingly here.)

4. (If the other party to the proposed marriage is also a minor, state accordingly here, and also state whether or not consent to the proposed marriage of the other party has been given by or In place of each person whose consent to that marriage is required by the Act.)

Dated the day of , 19 .

(Signature of applicant.)

Form 2.

Regulation 11 (1.).

Commonwealth of Australia.

Marriage Act 1961.

DISPENSATION WITH CONSENT TO MARRIAGE OF MINOR.

I, , a prescribed authority having authority under the Marriage Act 1961 to dispense with the consents of persons in the case of marriages of minors proposed to be solemnized in Australia (or in accordance with Division 2 of Part V. of that Act or in accordance with Division 3 of Part V. of that Act)—

*Leave out if inapplicable.

with respect to the marriage proposed to be solemnized between 

 (a minor) and 

at  *(in accordance with Division 2 of Part V. of that Act or in accordance with Division 3 of Part V. of that Act);

and I do hereby, in pursuance of section 15 of that Act, dispense with the consent of the

said to the proposed marriage.

Dated the day of , 19 .

(Signature of Prescribed Authority.)

(Title of Prescribed Authority.)

First Schedule—continued.

Form 3.

Regulation 11 (2.).

Commonwealth of Australia.

Marriage Act 1961.

NOTICE OF REFUSAL TO DISPENSE WITH CONSENT TO MARRIAGE OF MINOR.

Upon consideration of the application made under section 15 of the Marriage Act

1961 by to dispense with the consent

of     to the marriage proposed to be solemnized

between him (or her) and  in Australia (or in accordance with Division 2 of Part V. of that Act or in accordance with Division 3 of Part V. of that Act), I,              ,               a prescribed authority having authority under that Act to dispense with the consents of persons in the case of marriages of minors proposed to be so solemnized, hereby give notice that I have refused to dispense with the consent of the said                             to the proposed marriage.

Dated the day of , 19 .

(Signature of Prescribed Authority.)

(Title of Prescribed Authority.)

Form 4.

Regulation 12 (2.).

Commonwealth of Australia.

Marriage Act 1961.

NOTICE OF APPLICATION TO MAGISTRATE FOR CONSENT TO MARRY.

No. of 19 .

I, (full name, address and occupation), who was born on the day of              , 19 , give notice that I intend to make application under section 16 of the Marriage Act 1961 to a magistrate for the (State or Territory) for his consent to my proposed marriage with (full name, address and occupation), who was born on the              day of              , 19 , in place of the consent of (full name and address), who is my

2. My said  refused to consent to my marriage.

or

2. An application under section 15 of that Act to dispense with the consent of my

said  was refused by 

on the day of , 19

3. No other person is required to consent to my proposed marriage.

or

3. The consent of (full name and address), who is my (capacity in which the person’s consent is required to the proposed marriage), is also required to my proposed marriage.

4. (If consent to the proposed marriage has been given by or in place of another person, state accordingly here.)

5. (If the other party to the proposed marriage is also a minor, state accordingly here, and also state whether or not consent to the proposed marriage of the other party has been given by or in place of each person whose consent to that marriage is required by the Act.)

First Schedule—continued.

Form 4—continued.

6. (In this and subsequent paragraphs, state any other particulars required by regulation 12.)

*Leave out if inapplicable.

* I also give notice that application is to be made, contingent on the magistrate giving his consent to the proposed: marriage in place of the consent of the said              ,

for the consent of the magistrate to the proposed marriage in place of the consent of (full name).

Dated the day of , 19 .

(Signature of Applicant.)

Form 5.

Regulation 12 (7.).

Commonwealth of Australia.

Marriage Act 1961.

CONSENT OF MAGISTRATE ON APPLICATION UNDER SECTION 16.

Upon holding an inquiry into the relevant facts and circumstances concerning the application made

in place of the consent of (full name and address) the of the said , I,              , a person who holds office as a              Magistrate

of the     (and in respect of whom an appropriate

arrangement in force under section 9 of the Marriage Act 1961 is applicable)

 am satisfied that the said  , who refused to consent to the marriage, so refused unreasonably (or that, having proper regard to the welfare of the said                            , it would be unreasonable for me to refuse my consent to the marriage), and I therefore give my consent to the proposed marriage in place of the consent of the said

Dated the day of , 19 .

(Signature.)

(Title.)

Form 6.

Regulation 13.

Commonwealth of Australia.

Marriage Act 1961.

REQUEST UNDER SECTION 17.

No. of 19 .

I, (full name, address and occupation) hereby request that the application under section 16 of the Marriage Act 1961 made to (name) a              magistrate for (State or Territory) for his consent to the marriage of (full name, address, occupation and date of birth) with (full name, address, occupation and date of birth) in place of the consent of (full name) be re-heard, under section 17 of that Act, by a Judge of the              Court of              .

2. On the day of , 19 , the said magistrate (here set out the decision).

First Schedule—continued,

Form 6—continued.

3. A copy of the application is attached.

or

3. (In this and the following paragraphs set out the particulars required by sub-regulation (4.) of regulation 13.)

*Leave out if inapplicable.

* Application is also made, contingent on the Judge giving his consent to the proposed marriage in place of the consent of the said                             , for the consent of the Judge to the proposed marriage in place of the consent of (full name).

Dated the day of . 19 .

(Signature of the person making the request.)

Form 7.

Regulation 16.

Commonwealth of Australia.

Marriage Act 1961.

NOTICE OF APPLICATION FOR ORDER AUTHORIZING MARRIAGE UNDER MARRIAGEABLE AGE.

No. of 19 .

I, (full name, address and occupation), who was born on the day of              , 19 , give notice that I intend to make application to a Judge of the

 Court of (or to a magistrate for the (State or Territory) for an order under section 12 of the Marriage Act 1961 authorizing me to marry (full name, address and occupation), who was born on the

day of 19 .

2. I have not made a previous application under section 12 of the Act.

or

2. On the day of 19 , an application under section 12 of the Act for an order authorizing me to marry the said

was refused (or granted) by.  .

3. The consent of (full name and address), who is my

and of (full name and address) who is my

are required by the Act to my proposed marriage.

4. (If consent to the proposed marriage has been given by or in place of another person, state accordingly here.)

5. (If the other party to the proposed marriage is also a minor, state accordingly here, and also state whether or not consent to the proposed marriage of the other party has been given by or in place of each person whose consent to that marriage is required by the Act.)

6. Particulars of the exceptional or unusual circumstances alleged to justify the making of an order under the said section are as follows:—

Dated the day of , 19 .

(Signature of Applicant.)

First Schedule—continued.

Form 8.

Regulation 20.

Commonwealth of Australia.

Marriage Act 1961.

NOTICE OF TIME, DATE AND PLACE FOR THE HOLDING OF AN INQUIRY.

No. of 19 .

Take notice that an inquiry will be held at the hour of o’clock in the

noon on the  day of , 19 , at              , by a Judge of the

(or a magistrate for the (State or Territory)) into the relevant facts and circumstances concerning an application proposed to be made by              ,

(or a request made by for the re-hearing of an application made by                                                        )

for .

And further take notice that if you fail to attend at that time, date and place, the application (or request) may be heard and determined in your absence.

Dated the day of , 19 .

(Signature of officer or clerk of the court.)

(Title of that officer or clerk.)

Form 9.

Regulation 23.

Commonwealth of Australia.

Marriage Act 1961.

SUMMONS.

No. of 19 .

To: (full name and address of person)

In pursuance of the power conferred by regulation 23 of the Marriage Regulations, you are hereby summoned to attend at              on the

day of , 19  , at the hour of o’clock in the

noon, and then from day to day unless excused by a Judge (or magistrate), to give evidence in connexion with the application (or request) under section              of the above-mentioned Act by              for

(and then and there to produce the following books, documents and writings ).

Dated the day of 19 .

(Signature.)

(Description.)

Note.—Under the Marriage Regulations, a person who, having been served with a summons and paid or tendered reasonable expenses, fails to attend as required by the summons—

First Schedule—continued.

Form 10.

Regulation 31.

Commonwealth of Australia.

Marriage Act 1961.

NOMINATION.

The (name of recognized denomination), being a recognized denomination for the purposes of the Marriage Act 1961, nominates (full name of minister of religion), who is a (designation of the minister of religion) of that recognized denomination for registration under Division 1 of Part IV. of the Marriage Act 1961.

Dated the      day of     19 .

(Signature of person or persons authorized by the recognized denomination to nominate ministers of religion for              registration.)

(Designation of the person or of each person who signs the              nomination.)

Form 11.

Regulation 32.

Commonwealth of Australia.

Marriage Act 1961.

APPLICATION FOR REGISTRATION OF MINISTER OF RELIGION.

To the Registrar of Ministers of Religion for (State or Territory).

I,          , apply for registration under Division 1 of Part IV. of the Marriage Act 1961, and set out the following particulars in support of my application:—

1. I am a (designation of the applicant) of (name of recognized denomination).

2. I ordinarily reside at

3. I have attained the age of twenty-one years, having been born on the

4. I am a (nationality) subject.

Dated the       day of    19 .

(Signature.)

Form 12.

Regulation 33.

Commonwealth of Australia.

Marriage Act 1961.

NOTICE OF INTENTION TO REMOVE NAME OF MINISTER OF RELIGION FROM THE REGISTER.

To:

I hereby give you notice, under sub-section (2.) of section 33 of the Marriage Act 1961, that it is my intention to remove your name from the register kept by me under Division 1 of Part IV. of that Act on the ground that

unless cause is shown to me why your name should not be removed from that register.

In pursuance of sub-section (3.) of section 33 of that Act, I call upon you to show cause, within

days after service of this notice is effected on you, why your name should not be removed from that register. Any representations made by you to me within that period will be considered by me.

Dated the       day of    , 19 .

Registrar of Ministers of Religion.

First Schedule—continued.

Form 12—continued.

Note.—Under the Marriage Act 1961, a person who solemnizes a marriage after he has been given a notice under sub-section (2.) of section 33 of that Act but before—

is guilty of an offence and liable, upon conviction, to a fine not exceeding Two hundred and fifty pounds or to be imprisoned for a term not exceeding six months,

Form 13.

Regulation 38.

Commonwealth of Australia.

Marriage Act 1961.

NOTICE OF INTENDED MARRIAGE.

[Front of Form.]

To: (name and address of proposed celebrant)

Notice is hereby given of the intended marriage between the undermentioned parties—

* If previously married, particulars of the previous marriage or marriages must be given on the back of this form.

† If deceased, add “(deceased)” after name.

‡ Not required where the party is illegitimate, but may be stated if that party so desires.

§ This notice must be signed in the presence of an authorized celebrant, a Commissioner for Declarations under the Statutory Declarations Act 1959 of the Commonwealth or a Justice of the Peace.

|| Here insert “Authorized Celebrant”, “Commissioner for Declarations” or “Justice of the Peace” as the case may be.

First Schedule—continued.

Form 13—continued.

[Back of Form.]

Where a party has been previously married, that party must give the following particulars:—

Form 14.

Regulations 39 and 46.

Commonwealth of Australia.

Marriage Act 1961.

DECLARATION.

I (full name, address and occupation of person making the declaration) do solemnly and sincerely declare as follows:—

1. I am a (here insert “bachelor”, “spinster”, “widower”, “widow”, “divorced person” or other conjugal status).

2. I believe there is no legal impediment to my marriage with (full name, address and occupation of the other party to the intended marriage) (hereinafter referred to as “the other party”) by reason of consanguinity or affinity, a subsisting former marriage or lack of marriageable age of either myself or the other party, or by reason of any other circumstances.

*3. I have attained the age of 21 years.

*3. I have not attained the age of 21 years, the date of my birth being the day of , 19  .

And I make this solemn declaration under the Marriage Act 1961, conscientiously believing the statements contained in it to be true in every particular, and knowing that that Act provides a penalty for the willful making of a false statement in a declaration.

†

Declared at , the day

of , 19 .

Before me,

‡

§

*Strike out whichever is inapplicable.

†Signature of person making the declaration.

‡Signature of authorized celebrant before whom the declaration is made.

§Here insert “Registered Minister of Religion”, “District Registrar of Marriages”, or other description of qualification to solemnize marriages.

First Schedule—continued.

Form 15.

Regulations 40 (a) and 47 (a).

Marriage Act 1961.

CERTIFICATE OF MARRIAGE.

*Leave out if inapplicable.

I, , having authority under the Marriage Act

1961 to solemnize marriages, hereby certify that I have this day at

duly solemnized marriage in accordance with the provisions of that Act * (and according to the rites of

) between

  and 

in the presence of the undersigned witnesses.

Dated this day of , 19 .

(Signature of Celebrant.)

(Signatures of Parties (Signatures of

to the Marriage.) Witnesses.)

Form 16.

Regulations 40 (b) and 47 (b).

Commonwealth of Australia.

Marriage Act 1961.

CERTIFICATE OF MARRIAGE.

Marriage was solemnized between the parties particulars of whom are given below on the                               day of                                                                      , 19              , at

according to

(Signatures of parties.)

Witnesses to the marriage:

Full names

(Signatures of witnesses.)

I, , hereby certify that, on the date and at

the place specified above, I duly solemnized marriage in accordance with the provisions of the Marriage Act 1961 between the parties specified above.

Dated this day of , 19 .

(Signature of Celebrant.)

First Schedule—continued.

Form 17.

Regulation 44.

Commonwealth of Australia.

Marriage Act 1961.

NOTICE OF INTENDED MARRIAGE OVERSEAS.

To: (name and address of marriage officer)

Notice is hereby given of the intended marriage between the undermentioned parties—

Are the parties related to each other? If so, state relationship

State which of the parties is an Australian citizen

‡(Signature of bridegroom.) ‡(Signature of bride.)

‡(Signature of witness.) ‡(Signature of witness.)

Marriage Officer. Marriage Officer.

Date Date

§

First Schedule—continued.

Form 19.

Regulation 49.

Commonwealth op Australia.

Marriage Act 1961.

RETURN UNDER SECTION 80.

Particulars of every marriage solemnized by, or solemnized in the presence of,

of under the provisions of the Marriage Act 1961 during the year ended on the 31st day of December, 19              , are set out in the following Schedule.

THE SCHEDULE.

*Strike out whichever is inapplicable.

Dated the  day of , 19 .

Marriage Officer.*

Chaplain.*

Form 20.

Regulation 50.

Commonwealth of Australia.

Marriage Act 1961.

CERTIFICATE CONCERNING MARRIAGE SOLEMNIZED IN OVERSEAS COUNTRY.

*Strike out whichever is inapplicable.

for the purposes of the Marriage Act 1961, hereby certify as follows:—

attended the marriage at       between the parties

* an Australian citizen.

* a member of the Defence Force.

*Strike out whichever is inapplicable.

Act 1961.

First Schedule—continued.

Form 20—continued.

Particulars of the Parties to the Marriage.

Dated the day of , 19 .

* Marriage Officer.

* Chaplain.

Form 21.

Regulations 57, 59 and 62.

Commonwealth of Australia.

Marriage Act 1961.

INFORMATION WITH RESPECT TO LEGITIMATION.

To:

(full name) of (address and occupation), the parents (or a parent or the surviving parent) of (full name of legitimated child) (or a person who has obtained an order under section 92 of the Marriage Act 1961 relating to (full name of legitimated child)) hereby furnish the information set out below concerning the legitimation and declare that the information is true and correct.

An official record of marriage in respect of the marriage of the parents of the child is produced herewith (or has been produced, by (full name of other parent of the child)) for inspection by the registering authority, (or It is impracticable to obtain an official record of marriage in respect of the marriage of the parents of the child for the following reasons:—

Information Concerning the Legitimated Child.

Surname

Other names

Date of birth day of , 19 .

First Schedule—continued.

Form 21—continued.

Information Concerning the Parents of the Legitimated Child.

Father’s name in full

*Father’s present address

Mother’s name (in full) at time of birth of child

*Mother’s present address

Date of marriage of father and mother

Place of marriage

†Information Concerning Domicile.

†Father’s domicile at the time of his marriage to the mother of the child

†Facts relied on as establishing Father’s domicile

‡Facts relied on as establishing that domicile

§Information Concerning Order of Court Relating to Paternity of Legitimated Child.

§Nature of order

§Court by which order made

§Date of order

§Whether appeal against order instituted, and, if so, result of appeal

‡Information Concerning Belief in the Validity of a Void Marriage.

‡Date on which applicant learned that marriage void

Dated the day of , 19 .

(Signatures of Informants.)

*If father or mother, as case may be, now dead, write “deceased”.

†Omit if marriage of parents took place in Australia, under Part V. of the Marriage Act 1961 or under the Marriage (Overseas) Act 1955, if legitimation effected by s. 91 of the Marriage Act 1961 or if order under s. 92 of that Act obtained.

‡Omit if legitimation not effected under s. 91 of the Marriage Act 1961 or if order under s. 92 of that Act obtained.

§Omit if no order made.

First Schedule—continued.

Form 22.

Regulation 68.

Commonwealth of Australia.

Marriage Act 1961.

APPLICATION TO REGISTER THE LEGITIMATION OF A CHILD IN THE REGISTER OF LEGITIMATIONS.

To: The Registrar of Births, Deaths and Marriages for the Australian Capital Territory.

Application is made by (full name, address and occupation of each applicant or of the applicant) to register in the Register of Foreign Legitimations the legitimation of (full name), who is the legitimate

We are the parents of (or I am a parent of or I am the surviving parent of or I am the person who has obtained an order under section 92 of the Marriage Act 1961 relating to) the child. An official record of birth in respect of the child is furnished herewith, (or It is impracticable to obtain an official record of birth in respect of the child for the following reasons:—

.)

An official record of marriage in respect of the marriage of the parents of the child is produced herewith, (or It is impracticable to obtain an official record of marriage in respect of the marriage of the parents of the child for the following reasons:—

.)

and correct.

Information Concerning the Legitimated Child.

Surname

Other names

Sex

Date of Birth day of ,19 .

*Birthplace

If deceased, date of death

Information Concerning the Parents of the Legitimated Child.

Father’s name in full †Father’s present address

Father’s occupation *Father’s birthplace

Mother’s maiden name in full

Mother’s name (in full) at time of birth of child

†Mother’s present address

*Mother’s birthplace

Date of marriage of father and mother

Place of marriage

‡Information Concerning Domicile.

‡Father’s domicile at time of his marriage to mother of child

‡Facts relied on as establishing domicile

*If born in Australia— city or town and State or Territory; if born outside Australia— city or town and country.

†If father or mother, as case may be, now dead, write “deceased”.

‡Omit if legitimation effected by s. 91 of Marriage Act 1961 or if order under s. 92 of that Act obtained.

First Schedule—continued.

Form 22—continued.

§Facts relied on as establishing domicile

||Information Concerning Order Under Section 92 of the Marriage Act 1961.

||Court by which order made

||Date of order

||Whether appeal instituted, and, if so, result of appeal

§Information Concerning Belief in Validity of Void Marriage.

Dated the day of , 19 .

(Signatures of Applicants.)

Form 23.

Regulation 70.

Commonwealth of Australia.

Marriage Act 1961.

CERTIFICATE IN RESPECT OF REGISTRATION IN THE REGISTER OF FOREIGN LEGITIMATIONS.

I, , the Registrar of Births, Deaths and Marriages for the Australian Capital Territory, hereby certify that the legitimation of is registered in the Register of Foreign Legitimations and that the information set out below is contained in the entry of that legitimation in that register.

Information.

(Here set out the information.)

Dated the day of , 19 .

Registrar for Births, Deaths

and Marriages.

§Omit if legitimation not effected by s. 91 of the Marriage Act 1961 or if order under s. 92 of that Act obtained.

||Omit if no order made.

Form 24.

Regulation 72.

Commonwealth of Australia.

Marriage Act 1961.

CERTIFICATE BY INTERPRETER.

I, (full name and address of interpreter), certify that on the day of

 , 19 , at   , I faithfully performed the services of interpreter

from the    language into the    language (and from the language into the                             language) in or in connexion with a ceremony of marriage solemnized beween (full name of bridegroom) and (full name of bride).

Dated the day of , 19 .

(Signature of interpreter.)

Witness:

SECOND SCHEDULE.

Regulation 41.

APPROPRIATE REGISTERING AUTHORITIES IN RELATION TO MARRIAGES SOLEMNIZED IN AUSTRALIA.

THIRD SCHEDULE.

Regulations 42 and 54.

REGISTERING AUTHORITIES.

FOURTH SCHEDULE.

Regulation 51.

PRESCRIBED OVERSEAS COUNTRIES.

Belgium

Brazil

Burma

Denmark

Federal Republic of Germany

France

Greece

India

Indonesia

Italy

Netherlands

New Caledonia

Pakistan

Portuguese Timor

Republic of Ireland

Republic of the Philippines

Switzerland

United States of America

Western Berlin

FIFTH SCHEDULE.

Regulation 74.

FEES.

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.