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Marriage Act 1961
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Department of Social Services
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C2024C00853 (C32)
11 December 2024
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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
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Part IA—Marriage education
9B Grants to approved organisations
9C Approval of voluntary organisations
9E Reports and financial statements of approved organisations
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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 solemnised 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.
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Part III—Void marriages
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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
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Part IV—Solemnisation of marriages in Australia
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Division 1—Authorised celebrants
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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
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
39AA Deputy Registrars 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 solemnised by authorised celebrant
42 Notice to be given and declaration made
42A Commissioner of Australian Federal Police or approved authority may issue special notice
42B Authorised celebrant must physically meet each party to intended marriage separately
43 Marriage may be solemnised 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 solemnised 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 Solemnised in Australia
59 Searches and certified copies
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Part V—Marriages of members of the Defence Force overseas
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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
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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
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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 solemnised 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 solemnised 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
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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
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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
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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.
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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
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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
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Schedule 1—Consent to the marriage of a minor
1 Consent to the marriage of a minor
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
