Criminal Code Act 1899

Any person who—

being married, goes through the form of marriage with any other person during the life of his or her wife or husband; or

goes through the form of marriage with any person whom he or she knows to be married;

is guilty of a crime, and is liable to imprisonment for 7 years.

It is a defence to a charge of either of the offences defined in this section to prove that at the time of committing the alleged offence the wife or husband of the person already married had been continually absent from him or her for the space of 7 years then last past, unless it is shown that the accused person knew that such wife or husband was living within that time. sch 1 pt 5 ch 34 s 360 amd 1943 7 Geo 6 No. 14 s 14; 1977 No. 47 s 3 (7) sch 1 pt G; 1988 No. 88 s 5 sch 2