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COMMONWEALTHAct
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s 81

Power to refuse to solemnise marriage

In force
Part VMarriages of members of the Defence Force overseas
Division 4General

81 Power to refuse to solemnise marriage

(1)

An authorised celebrant (including a chaplain) may refuse to solemnise a marriage under this Part on any grounds which appear to the authorised celebrant to be sufficient and, in particular, on the ground that, in the opinion of the authorised celebrant, the solemnisation of the marriage would be inconsistent with international law or the comity of nations.

Refusing to solemnise a marriage on the basis of religious beliefs etc.

(2)

A chaplain may refuse to solemnise a marriage despite anything in this Part, if any of the following applies:

(a)

the refusal conforms to the doctrines, tenets or beliefs of the religion of the chaplain’s religious body or religious organisation;

(b)

the refusal is necessary to avoid injury to the religious susceptibilities of adherents of that religion;

(c)

the chaplain’s religious beliefs do not allow the chaplain to solemnise the marriage.

Grounds for refusal not limited by this section

(3)

This section does not limit the grounds on which an authorised celebrant (including a chaplain) may refuse to solemnise a marriage.

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Section 81 — Power to refuse to solemnise marriage — Marriage Act 1961 (Commonwealth) — Barrister AI