Commonwealth: Marriage Act 1961 (Cth)

Marriage Act 1961 No. 12, 1961 Compilation No. 32 Compilation date: 11 December 2024 Includes amendments: Act No. 115, 2024 About this compilation This compilation This is a compilation of the Marriage Act 1961 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents 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 Part IA—Marriage education 9B Grants to approved organisations 9C Approval of voluntary organisations 9E Reports and financial statements of approved organisations 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. Part III—Void marriages 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 Part IV—Solemnisation of marriages in Australia Division 1—Authorised celebrants 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 Part V—Marriages of members of the Defence Force overseas 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 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 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 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 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 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. 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 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 Schedule 1—Consent to the marriage of a minor 1 Consent to the marriage of a minor Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to Marriage Part I—Preliminary 1 Short title This Act may be cited as the Marriage Act 1961. 2 Commencement (1) 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. (2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation. 2A Objects of this Act It is an object of this Act to create a legal framework: (a) 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 (b) 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 (c) to allow equal access to marriage while protecting religious freedom in relation to marriage. 5 Interpretation (1) 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: (a) artificial insemination; and (b) 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: (a) in relation to a marriage proposed to be solemnised in Australia: (i) a minister of religion registered under Subdivision A of Division 1 of Part IV; or (ii) a person authorised to solemnise marriages under Subdivision B of Division 1 of Part IV; or (iii) a marriage celebrant; or (iv) a religious marriage celebrant; or (b) in relation to a marriage proposed to be solemnised in accordance with Division 3 of Part V: (i) a chaplain; or (ii) 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) 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; (b) a Judge of a court of that State in respect of whom an appropriate arrangement in force under section 9 is applicable; or (c) a Judge of the Supreme Court of that Territory. magistrate means: (a) 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 (b) in relation to a Territory—a person who holds office as a Chief, Police, Stipendiary, Resident, Special Magistrate or 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) 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 (b) in relation to a religious body or a religious organisation in respect of which paragraph (a) is not applicable, a person nominated by: (i) the head, or the governing authority, in a State or Territory, of that body or organisation; or (ii) 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: (a) 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; (c) 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: (a) the Australian Capital Territory; or (b) the Northern Territory; or (c) Norfolk Island; or (d) the Territory of Christmas Island; or (e) 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. (2) Where: (a) 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 (b) 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. (3) Any appointment or authorisation under this Act may be an appointment or authorisation of: (a) a named person only; or (b) every person from time to time holding or acting in a specified office of the Commonwealth or of a State or Territory. 5A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 6 Act not to exclude operation of certain State and Territory laws 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. 7 Validity of certain marriages not affected 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. 8 Extension of Act to Territories etc. (1) The whole of this Act extends to the following Territories: (a) Norfolk Island; (b) the Territory of Christmas Island; (c) the Territory of Cocos (Keeling) Islands. (2) Part V applies both within and without Australia. (3) Part VII applies to and in relation to: (a) marriages solemnised, or intended or purporting to be solemnised, in Australia; and (b) marriages solemnised, or intended or purporting to be solemnised, under Part V; and, in relation to such marriages, applies both within and without Australia. (4) Section 73, Part VA and section 111 extend to all the external Territories. 9 Arrangements with State (1) The Governor‑General may make arrangements with the Governor of a State: (b) 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; (c) 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; (d) for the performance by officers of that State of the function of solemnising marriages in accordance with Division 2 of Part IV; (e) for enabling officers of that State to be appointed as prescribed authorities; (f) 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 (g) for enabling officers of that State to be appointed as authorised officers for the purposes of section 51. (2) A copy of each arrangement made under this section shall be published in the Gazette. 9A Persons who may exercise certain powers may be restricted by Proclamation (1) 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. (2) Proclamations under this Part in respect of different parts of Australia may be made from time to time. Part IA—Marriage education 9B Grants to approved organisations 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. 9C Approval of voluntary organisations (1) A voluntary organisation may apply to the Minister for approval under this Part as an organisation conducting programs of marriage education. (2) The Minister may approve the organisation if the Minister is satisfied that the organisation is willing and able to conduct programs of marriage education. (3) The approval of an organisation under this section may be given subject to such conditions as the Minister determines. (4) 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. (5) The Minister may, at any time, revoke the approval of an approved organisation where: (a) the organisation has not complied with a condition to which the approval of the organisation is subject; (b) 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 (c) the Minister is satisfied that the organisation is not adequately carrying out programs of marriage education. (6) 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. 9E Reports and financial statements of approved organisations (1) An approved organisation that has received a grant under this Act in the period of 12 months that ended on 30 June in any year shall, not later than 30 September in that year, furnish to the Minister, in respect of that period of 12 months: (a) an audited financial statement of the receipts and payments of the organisation, in which receipts and payments in respect of its marriage education activities are shown separately from other receipts and payments; and (b) a report on its marriage education activities, including information as to the programs conducted by the organisation during the period and the number of participants in those programs. (2) Where the Minister is satisfied that it would be impracticable for an organisation to comply with the requirements of subsection (1) or that the application of those requirements to an organisation would be unduly onerous, the Minister may, by writing signed by the Minister, exempt the organisation, wholly or in part, from those requirements. Part II—Marriageable age and marriages of minors 10 Application of Part (1) The whole of this Part applies, notwithstanding any common law rule of private international law, in relation to: (a) marriages to which Division 2 of Part IV applies; and (b) marriages under Part V. (2) Sections 11 and 12 and, so far as they have application in relation to those sections, sections 18 and 19 apply in relation to: (a) marriages to which Division 3 of Part IV applies; and (b) the marriage of a person domiciled in Australia, wherever that marriage takes place. 11 Marriageable age Subject to section 12, a person is of marriageable age if the person has attained the age of 18 years. 12 Authorisation of marriage of person under age of 18 years in exceptional circumstances (1) A person who has attained the age of 16 years but has not attained the age of 18 years may apply to a Judge or magistrate in a State or Territory for an order authorising him or her to marry a particular person of marriageable age despite the fact that the applicant has not attained the age of 18 years. (2) The Judge or magistrate shall, subject to subsection (4), hold an inquiry into the relevant facts and circumstances and, if satisfied that: (a) the applicant has attained the age of 16 years; and (b) the circumstances of the case are so exceptional and unusual as to justify the making of the order; the Judge or magistrate may, in his or her discretion, make the order sought, but otherwise the Judge or magistrate shall refuse the application. (3) Subject to subsection (5), where a Judge or a magistrate has made such an order, the person on whose application the order was made is, in relation to his or her marriage to the other person specified in the order, but not otherwise, of marriageable age. (4) Where a Judge or a magistrate to whom an application is made under this section is satisfied that the matter could more properly be dealt with by a Judge or a magistrate sitting at a place nearer the place where the applicant ordinarily resides, the Judge or magistrate may, in his or her discretion, refuse to proceed with the hearing of the application, but such a refusal shall not, for the purposes of section 19, be deemed to be a refusal of the application. (5) Where an order is made under this section and the marriage to which the order relates does not take place within 3 months after the date of the order, the order ceases to have effect. 13 Marriage of minor not to be solemnised without consent of parents etc. (1) Subject to this Part, where a party to an intended marriage, not having previously been married, is a minor, the marriage shall not be solemnised unless there is produced to the person by whom the marriage is solemnised: (a) in respect of each person whose consent is required by this Act to the marriage of the minor, not being a person to whom paragraph (b) is applicable: (i) the consent in writing of that person, duly witnessed and dated not earlier than 3 months before the date on which the marriage is solemnised or, in such cases as are prescribed, such other evidence that the consent of that person to the intended marriage has been given not earlier than that time as the regulations declare to be sufficient for the purposes of this section; or (ii) an effective consent in writing of a magistrate or a Judge under this Part in place of the consent of that person; and (b) in respect of any person whose consent to the marriage of the minor has been dispensed with by a prescribed authority—the dispensation in writing signed by the prescribed authority. (2) For the purposes of subsection (1), the consent of a person is only duly witnessed if the signature of that person was witnessed: (a) if the consent is signed in Australia—by one of the following persons: (i) an authorised celebrant; (ii) a Commissioner for Declarations under the Statutory Declarations Act 1959; (iii) a justice of the peace; (iv) a barrister or solicitor; (v) a medical practitioner; (vi) a member of the Australian Federal Police or the police force of a State or Territory; or (b) if the consent is signed in any other place—by one of the following persons: (i) an Australian Diplomatic Officer; (ii) an Australian Consular Officer; (iii) a minister of religion of that place; (iv) a judge of a court of that place; (v) a magistrate or justice of the peace of or for that place; (vi) a notary public; (vii) an employee of the Commonwealth authorised under paragraph 3(c) of the Consular Fees Act 1955; (viii) an employee of the Australian Trade and Investment Commission authorised under paragraph 3(d) of the Consular Fees Act 1955. (3) A person shall not subscribe his or her name as a witness to the signature of a person to a consent to a marriage unless: (a) the person is satisfied on reasonable grounds as to the identity of that person; and (b) the consent bears the date on which the person subscribes his or her name as a witness. (4) A person shall not solemnise a marriage if the person has reason to believe that: (a) a person whose consent in writing to the marriage of one of the parties is or has been produced for the purposes of this section has revoked his or her consent; (b) the signature of a person to a consent produced for the purposes of this section is forged or has been obtained by fraud; (c) a consent produced for the purposes of this section has been altered in a material particular without authority; or (d) a dispensation with the consent of a person that has been produced in relation to the marriage has ceased to have effect. 14 Persons whose consent is required to the marriage of a minor Before a minor may marry, consent is required from the persons specified in Schedule 1 to this Act in relation to the minor. 15 Prescribed authority may dispense with consent in certain cases (1) Subject to this section, a prescribed authority may, upon application in writing by a minor, dispense with the consent of a person to a proposed marriage of the minor where the prescribed authority: (a) is satisfied that it is impracticable, or that it is impracticable without delay that would, in all the circumstances of the case, be unreasonable, to ascertain the views of that person with respect to the proposed marriage; (b) has no reason to believe that that person would refuse his or her consent to the proposed marriage; and (c) has no reason to believe that facts may exist by reason of which it could reasonably be considered improper that the consent should be dispensed with. (2) An application under this section shall be supported by a statutory declaration by the applicant setting out the facts and circumstances on which the application is based and may be supported by the statutory declaration of some other person. (3) The applicant shall state in his or her statutory declaration whether he or she has made any previous applications under this section that have been refused and the date on which each such application was refused. (4) This section does not authorise a prescribed authority to dispense with the consent of a person to a marriage of a minor where any other person whose consent to the marriage is required by this Act has refused to give consent, unless a magistrate or a Judge has, in pursuance of this Part, given consent in place of the consent of that other person. (5) For the purposes of this section, the fact that a person does not reside in, or is absent from, Australia shall not of itself be deemed to make it impracticable to ascertain the views of that person. 16 Consent by magistrate where parent etc. refuses consent etc. (1) Where, in relation to a proposed marriage of a minor: (a) a person whose consent to the marriage is required by this Act refuses to consent to the marriage; or (b) an application by the minor under section 15 to dispense with the consent of a person to the marriage is refused; the minor may apply to a Judge or magistrate for the consent of a Judge or the magistrate to the marriage in place of the consent of that person. (2) The Judge or magistrate shall, subject to subsections (2A) and (3), hold an inquiry into the relevant facts and circumstances and, if satisfied: (a) in a case to which paragraph (1)(a) applies—that the person who has refused to consent to the marriage has refused consent unreasonably; or (b) in a case to which paragraph (1)(b) applies—that, having proper regard for the welfare of the minor, it would be unreasonable for the Judge or magistrate to refuse consent to the proposed marriage; may give consent to the marriage in place of the consent of the person in relation to whose consent the application is made. (2A) A Judge or magistrate shall not proceed with an inquiry in accordance with subsection (2) unless: (a) there has been produced to the Judge or magistrate a certificate signed by a family counsellor certifying that the applicant has received counselling from the family counsellor in relation to the proposed marriage; or (b) the Judge or magistrate is satisfied that counselling by a family counsellor is not reasonably available to the applicant. (3) Where a magistrate to whom an application is made under this section is satisfied that the matter could more properly be dealt with by a magistrate sitting at a place nearer the place where the applicant ordinarily resides, the magistrate may, in his or her discretion, refuse to proceed with the hearing of the application, but such a refusal shall not, for the purposes of sections 17 and 19, be deemed to be a refusal of the application. (4) Where a magistrate grants an application under subsection (1), the magistrate shall not issue consent in writing to the marriage before the expiration of the time prescribed for the purposes of section 17 and if, within that time, a request for a re‑hearing is made under that section, the magistrate shall not issue consent unless that request is withdrawn. (5) Where a Judge or magistrate gives consent to the marriage of a minor in place of the consent of a person who has refused to consent to the marriage, the Judge or magistrate may also, upon application by the minor, give consent in place of the consent of any other person if the Judge or magistrate is satisfied that it is impracticable, or that it is impracticable without delay that would, in all the circumstances of the case, be unreasonable, to ascertain the views of that person with respect to the proposed marriage. (6) For the purposes of subsection (5), the fact that a person does not reside in, or is absent from, Australia shall not of itself be deemed to make it impracticable to ascertain the views of that person. (7) In this section family counsellor has the same meaning as in the Family Law Act 1975. 17 Re‑hearing of applications by a Judge (1) Where: (a) an application to a magistrate under subsection 16(1) or (5) is refused; or (b) an application to a magistrate under subsection 16(1) is granted; the applicant or the person in relation to whose consent the application was made, as the case requires, may, in the prescribed manner and within the prescribed time, request that the application be re‑heard by a Judge in the State or Territory in which it was heard, and a Judge may re‑hear the application accordingly. (2) The provisions of subsections 16(2), (5) and (6) apply, so far as they are applicable, in relation to the re‑hearing of an application made under section 16 and, for the purpose of such a re‑hearing, references in those provisions to the magistrate dealing with an application shall be read as references to the Judge re‑hearing the application. 18 Provisions applicable to inquiries by Judge or magistrate (1) In conducting an inquiry under this Part, a Judge or a magistrate: (a) is not bound by the rules of evidence; and (b) shall give to the applicant and, so far as is reasonably practicable, any person whose consent to the marriage of the applicant is required by this Act, an opportunity of being heard. (2) An inquiry by a Judge or a magistrate under this Part shall be held in private. (3) An applicant or other person who is given an opportunity of being heard at an inquiry under this Part may be represented by a barrister or solicitor. 19 Restriction on applications under sections 12, 15 and 16 (1) Where, in relation to a proposed marriage of a minor to a particular person: (a) an application under section 15 has been refused by a prescribed authority; (b) an application under section 16 has been refused by a magistrate or a Judge; or (c) an application under section 12 has been refused by a magistrate or a Judge; a further application under the same section by the same person in relation to the proposed marriage shall not be considered by any prescribed authority, magistrate or Judge within 6 months after the refusal of the application, unless the applicant satisfies the prescribed authority, magistrate or Judge to whom the further application is made that there has been a substantial change in the relevant facts or circumstances since the refusal of the former application. (2) The fact that an application is heard or dealt with in contravention of subsection (1) does not affect the validity of an order made, or the effectiveness of a consent given, upon the application or the re‑hearing of the application or make ineffective any dispensation with a consent granted on the application. 20 Effect of consent of magistrate or Judge Subject to section 21, where a magistrate or a Judge gives his or her consent to the marriage of a minor in place of the consent of another person, his or her consent operates, for the purposes of this Act, as the consent of that other person. 21 Consent by magistrate or Judge and dispensation with consent to be ineffective after 3 months etc. (1) A consent to a marriage given by a magistrate or a Judge in place of the consent of another person ceases to have effect if the marriage does not take place within 3 months after the date of the consent. (2) A dispensation with the consent of a person to a marriage ceases to have effect if: (a) the marriage does not take place within 3 months after the date of the dispensation; or (b) before the marriage takes place, the person whose consent has been dispensed with notifies, by writing signed by the person or in any other prescribed manner, the person to whom notice of the intended marriage has been given under this Act or, in the case of an intended marriage under Division 3 of Part V, the authorised celebrant by whom the marriage is intended to be solemnised, that the first‑mentioned person does not consent to the marriage. (3) Where a consent by a magistrate or a Judge or a dispensation with the consent of a person by a prescribed authority has ceased to have effect, the provisions of this Act apply as if the consent had not been given or dispensed with, as the case may be. Part III—Void marriages 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 Subject to section 10, Part V, section 56 and any regulations made in accordance with paragraph 120(f), this Division has effect subject to the common law rules of private international law. 23 Grounds on which marriages are void (1) A marriage that took place on or after 20 June 1977 and before the commencement of section 13 of the Marriage Amendment Act 1985 is void where: (a) either of the parties was, at the time of the marriage, lawfully married to some other person; (b) the parties are within a prohibited relationship; (c) by reason of section 48 the marriage is not a valid marriage; (d) the consent of either of the parties was not a real consent because: (i) it was obtained by duress or fraud; (ii) that party was mistaken as to the identity of the other party or as to the nature of the ceremony performed; or (iii) that party was mentally incapable of understanding the nature and effect of the marriage ceremony; or (e) either of the parties was not of marriageable age; and not otherwise. (2) Marriages of parties within a prohibited relationship are marriages: (a) between a person and an ancestor or descendant of the person; or (b) between a brother and a sister (whether of the whole blood or the half‑blood). (3) Any relationship specified in subsection (2) includes a relationship traced through, or to, a person who is or was an adopted child, and, for that purpose, the relationship between an adopted child and the adoptive parent, or each of the adoptive parents, of the child, shall be deemed to be or to have been the natural relationship of child and parent. (4) Nothing in subsection (3) makes it lawful for a person to marry a person whom the first‑mentioned person could not lawfully have married if that subsection had not been enacted. (5) For the purposes of this section: (a) a person who has at any time been adopted by another person shall be deemed to remain the adopted child of that other person notwithstanding that any order by which the adoption was effected has been annulled, cancelled or discharged or that the adoption has for any other reason ceased to be effective; and (b) a person who has been adopted on more than one occasion shall be deemed to be the adopted child of each person by whom he or she has been adopted. (6) For the purposes of this section: adopted, in relation to a child, means adopted under the law of any place (whether in or out of Australia) relating to the adoption of children. ancestor, in relation to a person, means any person from whom the first‑mentioned person is descended including a parent of the first‑mentioned person. Division 2—Marriages solemnised after the commencement of section 13 of the Marriage Amendment Act 1985 23A Application of Division (1) Notwithstanding subsection 42(2) of the Family Law Act 1975, but subject to subsection (2) of this section, this Division applies in relation to: (a) all marriages solemnised in Australia; and (b) all marriages under Part V. (2) This Division does not apply in relation to marriages to which Division 3 of Part IV applies. 23B Grounds on which marriages are void (1) A marriage to which this Division applies that takes place after the commencement of section 13 of the Marriage Amendment Act 1985 is void where: (a) either of the parties is, at the time of the marriage, lawfully married to some other person; (b) the parties are within a prohibited relationship; (c) by reason of section 48 the marriage is not a valid marriage; (d) the consent of either of the parties is not a real consent because: (i) it was obtained by duress or fraud; (ii) that party is mistaken as to the identity of the other party or as to the nature of the ceremony performed; or (iii) that party did not understand the nature and effect of the marriage ceremony; or (e) either of the parties is not of marriageable age; and not otherwise. (2) Marriages of parties within a prohibited relationship are marriages: (a) between a person and an ancestor or descendant of the person; or (b) between 2 siblings (whether of the whole blood or the half‑blood). (3) Any relationship specified in subsection (2) includes a relationship traced through, or to, a person who is or was an adopted child, and, for that purpose, the relationship between an adopted child and the adoptive parent, or each of the adoptive parents, of the child shall be deemed to be or to have been the natural relationship of child and parent. (4) Nothing in subsection (3) makes it lawful for a person to marry a person whom the first‑mentioned person could not lawfully have married if that subsection had not been enacted. (5) For the purposes of this section: (a) a person who has at any time been adopted by another person shall be deemed to remain the adopted child of that other person notwithstanding that any order by which the adoption was effected has been annulled, cancelled or discharged or that the adoption has for any other reason ceased to be effective; and (b) a person who has been adopted on more than one occasion shall be deemed to be the adopted child of each person by whom the first‑mentioned person has been adopted. (6) For the purposes of this section: adopted, in relation to a child, means adopted under the law of any place (whether in or out of Australia) relating to the adoption of children. ancestor, in relation to a person, means any person from whom the first‑mentioned person is descended including a parent of the first‑mentioned person. Part IV—Solemnisation of marriages in Australia Division 1—Authorised celebrants Subdivision A—Ministers of religion 25 Interpretation (1) In this Subdivision: (a) a reference to a Registrar shall be read as a reference to a Registrar of Ministers of Religion; and (b) a reference to a register shall be read as a reference to a register kept for the purposes of this Subdivision. (2) For the purposes of this Subdivision, a person who is serving outside Australia as a member of the Defence Force and was, immediately before the person became a member of the Defence Force, ordinarily resident in a State or Territory shall be deemed, while the person is so serving, to be ordinarily resident in that State or Territory. 26 Recognised denominations The Governor‑General may, by Proclamation, declare a religious body or a religious organisation to be a recognised denomination for the purposes of this Act. 27 Registers of ministers of religion (1) For the purposes of this Subdivision, there shall be, for each State and Territory, a Registrar of Ministers of Religion and a Deputy Registrar of Ministers of Religion, who shall be appointed by the Minister. (2) In the event of the absence, through illness or otherwise, of the Registrar, or of a vacancy in the office of the Registrar, the Deputy Registrar has all the powers, and shall perform all the duties and functions, of the Registrar during the absence or vacancy. (3) Unless and until another person is appointed to be the Registrar of Ministers of Religion for a particular Territory, the person having, under the law of that Territory, the function of maintaining a register of all marriages solemnised in that Territory shall be the Registrar for that Territory. (4) The Registrar for a State or Territory shall keep a register, in such form as the Minister determines, of ministers of religion ordinarily resident in the State or Territory who are entitled to registration under this Subdivision. 28 Transfer of State registers (1) The Governor‑General may make arrangements with the Governor of a State for the transfer to the Commonwealth of any register of persons authorised to solemnise marriages in that State kept by an officer of that State immediately before the commencement of this Act. (2) A copy of each arrangement made under this section shall be published in the Gazette. (3) A register of a State transferred to the Commonwealth in pursuance of an arrangement made under this section, and a register of persons authorised to solemnise marriages kept in relation to a Territory immediately before the commencement of this Act, shall be deemed to form part of the register kept for that State or that Territory, as the case may be, for the purposes of this Subdivision. (4) A person registered in a register so transferred or kept who is, immediately after the commencement of this Act, a minister of religion of a recognised denomination shall be deemed to be so registered in pursuance of this Subdivision, and the Registrar by whom the register is kept shall remove from that register the name of any other person. 29 Qualifications for registration under this Subdivision Subject to this Subdivision, a person is entitled to registration under this Subdivision if: (a) the person is a minister of religion of a recognised denomination; and (b) the person is nominated for registration under this Subdivision by that denomination; and (c) the person is ordinarily resident in Australia; and (d) the person has attained the age of 21 years; and (e) the person is not already registered as a marriage celebrant under Subdivision C of this Division; and (f) the person is not authorised to solemnise marriages in a State or Territory under Subdivision B of this Division. 30 Registrar to register applicant (1) Subject to this Subdivision, the Registrar for a State or Territory shall, on application in writing by a person ordinarily resident in that State or Territory who is entitled to registration under this Subdivision, register that person in the register kept by that Registrar. (2) The particulars set out in an application for registration under this Subdivision shall be verified by the applicant by statutory declaration. 31 Applicant may be refused registration in certain circumstances A Registrar to whom an application for registration under this Subdivision is made may refuse to register the applicant if, in the opinion of the Registrar: (a) there are already registered under this Subdivision sufficient ministers of religion of the denomination to which the applicant belongs to meet the needs of the denomination in the locality in which the applicant resides; or (b) the applicant is not a fit and proper person to solemnise marriages; or (c) the applicant is unlikely to devote a substantial part of his or her time to the performance of functions generally performed by a minister of religion. 32 Effect of registration A minister of religion who is registered under this Subdivision in any register may solemnise marriages at any place in Australia. 33 Removal from register (1) Subject to this section, a Registrar shall remove the name of a person from the register kept by that Registrar if he or she is satisfied that: (a) that person has requested that his or her name be so removed; (b) that person has died; (c) the denomination by which that person was nominated for registration, or in respect of which that person is registered, no longer desires that that person be registered under this Subdivision or has ceased to be a recognised denomination; (d) that person: (i) has been guilty of such contraventions of this Act or the regulations as to show him or her not to be a fit and proper person to be registered under this Subdivision; (ii) has been making a business of solemnising marriages for the purpose of profit or gain; or (iii) is not a fit and proper person to solemnise marriages; or (e) that person is, for any other reason, not entitled to registration under this Subdivision. (2) A Registrar shall not remove the name of a person from a register under this section on a ground specified in paragraph (1)(d) or (e) unless: (a) the Registrar has, in accordance with the regulations, served on the person a notice in writing: (i) stating the Registrar's intention to do so on that ground unless, not later than a date specified in the notice and being not less than 21 days from the date of service of the notice, the person satisfies the Registrar that the person's name should not be removed from the register; and (ii) informing the person that any representations made to the Registrar before that date will be considered by the Registrar; (b) the Registrar has considered any representations made by the person before the date specified in the notice; and (c) the removal takes place within 14 days after the date specified in the notice. (3) Where notice is served on a person under subsection (2), that person shall not solemnise a marriage unless and until: (a) the person is notified by the Registrar that the Registrar has decided not to remove the person's name from the register; (b) a period of 14 days has elapsed from the date specified in the notice under subsection (2) and the person's name has not been removed from the register; or (c) the person's name, having been removed from the register, is restored to the register. 34 Review of refusal to register or removal from register (1) An application may be made to the Administrative Review Tribunal for a review of a decision of a Registrar: (a) refusing to register a person who has applied for registration under this Subdivision; or (b) removing the name of a person from a register in pursuance of section 33. (3) The reference in subsection (1) to a decision of a Registrar includes a reference to a decision of a Deputy Registrar of Ministers of Religion given in pursuance of subsection 27(2). (4) Where the Tribunal sets aside a decision refusing to register a person or a decision under section 33 removing the name of a person from a register, the appropriate Registrar shall forthwith register the person, or restore the name of the person to the register, as the case requires. (5) For the purposes of the making of an application under subsection (1) and for the purposes of the operation of the Administrative Review Tribunal Act 2024 in relation to such an application, where a person has made application under subsection 30(1) for registration under this Subdivision and, at the expiration of a period of 6 months from the day on which the application was made, the person has not been registered and has not been notified by the Registrar that that person's application has been refused, the Registrar shall be deemed to have decided, on the last day of that period, not to register that person. 35 Change of address etc. to be notified (1) Where a person registered under this Subdivision: (a) changes his or her name, address or designation; or (b) ceases to exercise, or ceases to be entitled to exercise, the functions of a minister of religion of the denomination by which he or she was nominated for registration or in respect of which he or she is registered; the person shall, within 30 days thereafter, notify the Registrar by whom the register in which the person is registered is kept of that fact in accordance with the regulations. (2) The Registrar may, upon receiving notification of a change of name, address or designation under subsection (1) or if the Registrar is otherwise satisfied that the particulars shown in the register in respect of a person are not correct, amend the register accordingly. 36 Transfer to another State etc. (1) Where a person whose name is included in the register for a particular State or Territory is ordinarily resident in another State or Territory, the Registrar by whom the register is kept shall, subject to this section, remove the name of that person from that register. (2) Where the name of a person referred to in subsection (1) is not included in the register for the State or Territory in which the person is ordinarily resident, the Registrar for that State or Territory may enter the name of that person in the register kept by that Registrar, and the name of that person shall not be removed from a register by virtue of subsection (1) unless and until it has been so entered. 37 Furnishing of information by recognised denominations The regulations may make provision for, and in relation to, the furnishing to Registrars by each recognised denomination of: (a) information as to matters affecting the right to registration under this Subdivision of persons who are so registered as ministers of religion of that denomination; and (b) an annual list of persons registered under this Subdivision as ministers of religion of that denomination who are exercising the functions of a minister of religion of that denomination. 38 Registrars to furnish information to Attorney‑General Each Registrar shall, if the Secretary of the Department so requests, furnish to the Secretary: (a) a list of ministers of religion registered by that Registrar under this Subdivision during the period specified in the request, showing the full name, designation, residential or postal address and religious denomination of each minister; and (b) particulars of any other alterations to the register kept by that Registrar under this Subdivision made during that period. Subdivision B—State and Territory officers etc. 39 Authorisation of State and Territory officers etc. (1) A person who, under the law of a State or Territory, has the function of registering marriages solemnised in the State or Territory or a part of the State or Territory may solemnise marriages in that State or Territory or in that part of the State or Territory, as the case may be. (2) The Minister may, by instrument in writing and subject to subsection (2A), authorise other officers of a State or Territory to solemnise marriages. (2A) The Minister must not, under subsection (2), authorise an officer of a State or Territory to solemnise marriages if the officer: (a) is registered as a marriage celebrant under Subdivision C of this Division; or (b) is a minister of religion who is registered under Subdivision A of this Division. (3) An authorisation under subsection (2): (a) may authorise a person to solemnise marriages at any place in Australia or only in the part or parts of Australia specified in the instrument of authorisation; and (b) is subject to such conditions (if any) as are specified in the instrument. (4) An authorisation under subsection (2) is not a legislative instrument. Subdivision C—Marriage celebrants 39A Registrar of Marriage Celebrants (1) There is to be a position occupied (on an acting, permanent, full‑time or part‑time basis) by an APS employee in the Department, the duties of which are expressed to consist of, or include, the performance of the functions given to the Registrar of Marriage Celebrants by or under this Act. (2) The APS employee occupying the position from time to time is the Registrar of Marriage Celebrants. (3) The Registrar of Marriage Celebrants is to perform those functions and has power to do all things necessary or convenient to be done for or in connection with the performance of those functions. Delegation (4) The Registrar of Marriage Celebrants may, in writing, delegate to a Deputy Registrar of Marriage Celebrants any of the functions or powers conferred on the Registrar of Marriage Celebrants by or under this Act, other than: (a) a function or power under a provision of the Act referred to in the table in subsection (5); or (b) a function or power prescribed by regulations made for the purposes of this paragraph. Note: See sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 in relation to delegations. (5) The following table sets out the functions and powers of the Registrar of Marriage Celebrants under this Act that must not be delegated to a Deputy Registrar of Marriage Celebrants. Functions and powers under this Act that must not be delegated Item Function or power Provision 1 To determine the number and basis of positions of Deputy Registrar of Marriage Celebrants Subsection 39AA(1) 2 To determine the qualifications, and/or skills that a person must have to be registered as a marriage celebrant Paragraph 39C(1)(b) 3 To approve the form of a notice that a person wishes to be identified as a religious marriage celebrant on the register of marriage celebrants Subsection 39DB(2) 4 To require professional development activities Paragraph 39G(1)(b) 5 To take disciplinary measures against a marriage celebrant Section 39I 5A To remove the name of a person from the register of marriage celebrants Paragraph 39K(aa) 6 To establish complaints resolution procedures to resolve complaints about the solemnisation of marriages by marriage celebrants Paragraph 39K(c) 39AA Deputy Registrars of Marriage Celebrants (1) There are to be such number of positions of Deputy Registrar of Marriage Celebrants occupied (on an acting, permanent, full‑time or part‑time basis) by APS employees in the Department as the Registrar of Marriage Celebrants from time to time determines. (2) A Deputy Registrar of Marriage Celebrants may perform a function, or exercise a power, that has been delegated to the Deputy Registrar by the Registrar of Marriage Celebrants under subsection 39A(4). 39B Register of marriage celebrants The Registrar of Marriage Celebrants is to maintain on the internet a register of marriage celebrants. 39C Entitlement to be registered as a marriage celebrant (1) A person is only entitled to be registered as a marriage celebrant if the person is an individual and the Registrar of Marriage Celebrants is satisfied that the person: (a) is aged 18 years or over; and (b) has all the qualifications, and/or skills, determined in writing to be necessary by the Registrar in accordance with regulations made for the purposes of this paragraph; and (c) is a fit and proper person to be a marriage celebrant; and (d) is not a minister of religion who is already registered under Subdivision A of this Division; and (e) is not authorised to solemnise marriages in a State or Territory under Subdivision B of this Division. (2) In determining whether the Registrar is satisfied that the person is a fit and proper person to be a marriage celebrant, the Registrar must take into account: (a) whether the person has sufficient knowledge of the law relating to the solemnisation of marriages by marriage celebrants; and (b) whether the person is committed to advising couples of the availability of relationship support services; and (c) whether the person is of good standing in the community; and (d) whether the person has been convicted of an offence, punishable by imprisonment for one year or longer, against a law of the Commonwealth, a State or a Territory; and (e) whether the person has an actual or potential conflict of interest between his or her practice, or proposed practice, as a marriage celebrant and his or her business interests or other interests; and (f) whether the person's registration as a marriage celebrant would be likely to result in the person gaining a benefit in respect of another business that the person owns, controls or carries out; and (g) whether the person will fulfil the obligations under section 39G; and (h) any other matter the Registrar considers relevant to whether the person is a fit and proper person to be a marriage celebrant. (3) Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them). 39D Registration as a marriage celebrant Applying for registration (1) A person may apply, in writing, to the Registrar of Marriage Celebrants to be registered as a marriage celebrant. (1A) An application is taken to be made if, and only if: (a) the application complies with subsection (1); and (b) the applicant has either: (i) paid the registration application fee in respect of the application; or (ii) been granted an exemption from liability to pay the registration application fee. Note: The application is made on the day on which paragraphs (a) and (b) are first satisfied in relation to the application. Registration application fees (1B) The regulations may require a fee (a registration application fee) to be paid in respect of an application. (1C) The regulations may also do all or any of the following: (a) provide for the granting of exemptions, on grounds specified in the regulations, from liability to pay a registration application fee; (b) require a fee to be paid in respect of an application for an exemption; (c) provide for internal review of decisions to refuse to grant exemptions. (1D) Regulations made for the purpose of subsection (1B) or paragraph (1C)(b) may specify a fee, or provide for a fee to be determined by the Minister by legislative instrument. (1E) Regulations made for the purpose of paragraph (1C)(c) must provide that the outcome of an internal review of a decision to refuse to grant an exemption is either: (a) that the refusal decision is confirmed; or (b) that an exemption is granted, with effect from when the internal review decision is made. Refund of registration application fee (1F) The Registrar may refund the whole or a part of a registration application fee that was paid in respect of an application by a person to be registered as a marriage celebrant if: (a) the Registrar is not satisfied that the person meets the requirement referred to in paragraph 39C(1)(