Criminal Code Act 1995

A marriage is a forced marriage if:

either party to the marriage (the victim) entered into the marriage without freely and fully consenting:

because of the use of coercion, threat or deception; or

because the victim was incapable of understanding the nature and effect of the marriage ceremony; or

when the marriage was entered into, either party to the marriage (the victim) was under 16.

For the purposes of subsection (1), marriage includes the following:

a registered relationship within the meaning of section 2E of the Acts Interpretation Act 1901;

a marriage recognised under a law of a foreign country;

a relationship registered (however that process is described) under a law of a foreign country, if the relationship is of the same, or a similar, type as any registered relationship within the meaning of section 2E of the Acts Interpretation Act 1901;

a marriage (including a relationship or marriage mentioned in paragraph (a), (b) or (c)) that is void, invalid, or not recognised by law, for any reason, including the following:

a party to the marriage has not freely or fully consented to the marriage (for example, because of natural, induced or age‑related incapacity);

a party to the marriage is married (within the meaning of this subsection) to more than one person.

Section 2E of the Acts Interpretation Act 1901 covers relationships registered under a law of a State or Territory that are prescribed by regulations under that Act.

Subparagraph (1)(a)(i) applies whether the coercion, threat or deception is used against the victim or another person.