1Short title
This Act may be cited as the Marriage Act 1961.
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This Act may be cited as the Marriage Act 1961.
Sections 1, 2 and 3, subsection 5(1), section 9, Parts III and VIII and section 120 shall come into operation on the day on which this Act receives the Royal Assent.
The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.
It is an object of this Act to create a legal framework:
to allow civil celebrants to solemnise marriage, understood as the union of 2 people to the exclusion of all others, voluntarily entered into for life; and
to allow ministers of religion to solemnise marriage, respecting the doctrines, tenets and beliefs of their religion, the views of their religious community or their own religious beliefs; and
to allow equal access to marriage while protecting religious freedom in relation to marriage.
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:
artificial insemination; and
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:
in relation to a marriage proposed to be solemnised in Australia:
a minister of religion registered under Subdivision A of Division 1 of Part IV; or
a person authorised to solemnise marriages under Subdivision B of Division 1 of Part IV; or
a marriage celebrant; or
a religious marriage celebrant; or
in relation to a marriage proposed to be solemnised 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.
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.
Deputy Registrar of Marriage Celebrants means an APS employee who occupies a position in the Department as referred to in subsection 39AA(1).
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 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;
a Judge of a court of that State in respect of whom an appropriate arrangement in force under section 9 is applicable (other than a Judge, or acting Judge, of the Local Court of New South Wales); or
a Judge of the Supreme Court of that Territory.
magistrate means:
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
in relation to New South Wales—a person who holds office as a Judge, or acting Judge, of the Local Court of New South Wales and in respect of whom an appropriate arrangement in force under section 9 is applicable; and
in relation to a Territory—a person who holds office as:
a Chief, Police, Stipendiary, Resident or Special Magistrate of the Territory; or
a 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 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
in relation to a religious body or a religious organisation in respect of which paragraph (a) is not applicable, a person nominated by:
the head, or the governing authority, in a State or Territory, of that body or organisation; or
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 Sovereign’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:
in relation to a marriage proposed to be solemnised 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;
in relation to a marriage proposed to be solemnised 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.
Registrar, in Subdivisions C, D and E of Division 1 of Part IV, means the Registrar of Marriage Celebrants (see section 39A).
Registrar of Marriage Celebrants: see subsection 39A(2).
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:
the Australian Capital Territory; or
the Northern Territory; or
Norfolk Island; or
the Territory of Christmas Island; or
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 Sovereign’s dominions includes a British protectorate and a British protected State.
Where:
a marriage is solemnised in the physical presence of a person, being a person in whose physical presence a marriage may, in accordance with this Act, be lawfully solemnised; and
that person consents to the marriage being solemnised in his or her presence;
that person shall, for the purposes of this Act, be deemed to solemnise the marriage.
Any appointment or authorisation under this Act may be an appointment or authorisation of:
a named person only; or
every person from time to time holding or acting in a specified office of the Commonwealth or of a State or Territory.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
This Act shall not be taken to exclude the operation of a law of a State or of a Territory, in so far as that law relates to the registration of marriages, but a marriage solemnised after the commencement of this Act is not invalid by reason of a failure to comply with the requirements of such a law.
Subject to the operation of the Part repealed by the Marriage Amendment Act 1976 before the date fixed under subsection 2(2) of this Act, this Act does not affect the validity or invalidity of a marriage that took place before the date so fixed.
The whole of this Act extends to the following Territories:
Norfolk Island;
the Territory of Christmas Island;
the Territory of Cocos (Keeling) Islands.
Part V applies both within and without Australia.
Part VII applies to and in relation to:
marriages solemnised, or intended or purporting to be solemnised, in Australia; and
marriages solemnised, or intended or purporting to be solemnised, under Part V;
and, in relation to such marriages, applies both within and without Australia.
Section 73, Part VA and section 111 extend to all the external Territories.
The Governor‑General may make arrangements with the Governor of a State:
for the performance by all or any of the persons who from time to time hold office as Judges of any Court of that State of the functions of a Judge under sections 12, 16 and 17;
for the performance by all or any of the persons who from time to time hold office as Chief, Police, Stipendiary, Resident or Special Magistrates in that State of all or any of the functions of a magistrate under this Act;
for the performance by officers of that State of the function of solemnising marriages in accordance with Division 2 of Part IV;
for enabling officers of that State to be appointed as prescribed authorities;
for enabling officers of that State to be appointed as Registrar and Deputy Registrar of Ministers of Religion for that State under Subdivision A of Division 1 of Part IV; and
for enabling officers of that State to be appointed as authorised officers for the purposes of section 51.
The Governor‑General may make arrangements with the Governor of New South Wales for the performance by all or any of the persons who from time to time hold office as Judges, or acting Judges, of the Local Court of New South Wales of all or any of the functions of a magistrate under this Act.
A copy of each arrangement made under this section shall be published in the Gazette.
The Governor‑General may, by Proclamation, declare that, on and after a date fixed by the Proclamation, a power or function under this Act that is specified in the Proclamation, being a power or function expressed by this Act to be exercisable by a Judge, or by a Judge or magistrate, is not to be exercised, or is not to be exercised in a specified part of Australia, otherwise than by a Judge who is a Judge of the Federal Circuit and Family Court of Australia (Division 1), the Federal Circuit and Family Court of Australia (Division 2) or the Family Court of a State.
Proclamations under this Part in respect of different parts of Australia may be made from time to time.
The Minister may, from time to time, out of moneys appropriated by the Parliament for the purposes of this Part, grant to an approved organisation, upon such conditions as the Minister thinks fit, such sums by way of financial assistance as the Minister determines for the conduct of programs of marriage education.
A voluntary organisation may apply to the Minister for approval under this Part as an organisation conducting programs of marriage education.
The Minister may approve the organisation if the Minister is satisfied that the organisation is willing and able to conduct programs of marriage education.
The approval of an organisation under this section may be given subject to such conditions as the Minister determines.
Where the approval of an organisation is subject to conditions, the Minister may, from time to time, revoke or vary all or any of those conditions or add further conditions.
The Minister may, at any time, revoke the approval of an approved organisation where:
the organisation has not complied with a condition to which the approval of the organisation is subject;
the organisation has not furnished, in accordance with section 9E, a statement or report that the organisation was required by that section to furnish; or
the Minister is satisfied that the organisation is not adequately carrying out programs of marriage education.
Notice of the approval of an organisation under this section, and notice of the revocation of the approval of an approved organisation, shall be published in such manner as the Minister considers appropriate.
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