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 ( 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

An Act relating to Marriage

Part IPreliminary 1Short title

This Act may be cited as the Marriage Act 1961.

2Commencement

(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.

2AObjects 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.

5Interpretation

(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:
1. (a)
  artificial insemination; and
2. (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:
1. (a)
  in relation to a marriage proposed to be solemnised in Australia:
  1. (i)
    a minister of religion registered under Subdivision A of Division 1 of Part IV; or
  2. (ii)
    a person authorised to solemnise marriages under Subdivision B of Division 1 of Part IV; or
  3. (iii)
    a marriage celebrant; or
  4. (iv)
    a religious marriage celebrant; or
2. (b)
  in relation to a marriage proposed to be solemnised in accordance with Division 3 of Part V:
  1. (i)
    a chaplain; or
  2. (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:
1. (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;
2. (b)
  a Judge of a court of that State in respect of whom an appropriate arrangement in force under section 9 is applicable; or
3. (c)
  a Judge of the Supreme Court of that Territory.
magistrate means:
1. (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
2. (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:
1. (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
2. (b)
  in relation to a religious body or a religious organisation in respect of which paragraph (a) is not applicable, a person nominated by:
  1. (i)
    the head, or the governing authority, in a State or Territory, of that body or organisation; or
  2. (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:
1. (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;
2. (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:
1. (a)
  the Australian Capital Territory; or
2. (b)
  the Northern Territory; or
3. (c)
  Norfolk Island; or
4. (d)
  the Territory of Christmas Island; or
5. (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:
1. (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
2. (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:
1. (a)
  a named person only; or
2. (b)
  every person from time to time holding or acting in a specified office of the Commonwealth or of a State or Territory.

5AApplication 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.

6Act 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.

7Validity 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.

8Extension of Act to Territories etc.

(1)
The whole of this Act extends to the following Territories:
1. (a)
  Norfolk Island;
2. (b)
  the Territory of Christmas Island;
3. (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:
1. (a)
  marriages solemnised, or intended or purporting to be solemnised, in Australia; and
2. (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.

9Arrangements with State

(1)
The Governor‑General may make arrangements with the Governor of a State:
1. (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;
2. (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;
3. (d)
  for the performance by officers of that State of the function of solemnising marriages in accordance with Division 2 of Part IV;
4. (e)
  for enabling officers of that State to be appointed as prescribed authorities;
5. (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
6. (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.

9APersons 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 IAMarriage education 9BGrants 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.

9CApproval 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:
1. (a)
  the organisation has not complied with a condition to which the approval of the organisation is subject;
2. (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
3. (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.

9EReports 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:
1. (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
2. (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 IIMarriageable age and marriages of minors 10Application of Part

(1)
The whole of this Part applies, notwithstanding any common law rule of private international law, in relation to:
1. (a)
  marriages to which Division 2 of Part IV applies; and
2. (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:
1. (a)
  marriages to which Division 3 of Part IV applies; and
2. (b)
  the marriage of a person domiciled in Australia, wherever that marriage takes place.

11Marriageable age

Subject to section 12, a person is of marriageable age if the person has attained the age of 18 years.

12Authorisation 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:
1. (a)
  the applicant has attained the age of 16 years; and
2. (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.

13Marriage 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:
1. (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:
  1. (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
  2. (ii)
    an effective consent in writing of a magistrate or a Judge under this Part in place of the consent of that person; and
2. (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:
1. (a)
  if the consent is signed in Australia—by one of the following persons:
  1. (i)
    an authorised celebrant;
  2. (ii)
    a Commissioner for Declarations under the Statutory Declarations Act 1959;
  3. (iii)
    a justice of the peace;
  4. (iv)
    a barrister or solicitor;
  5. (v)
    a medical practitioner;
  6. (vi)
    a member of the Australian Federal Police or the police force of a State or Territory; or
2. (b)
  if the consent is signed in any other place—by one of the following persons:
  1. (i)
    an Australian Diplomatic Officer;
  2. (ii)
    an Australian Consular Officer;
  3. (iii)
    a minister of religion of that place;
  4. (iv)
    a judge of a court of that place;
  5. (v)
    a magistrate or justice of the peace of or for that place;
  6. (vi)
    a notary public;
  7. (vii)
    an employee of the Commonwealth authorised under paragraph 3(c) of the Consular Fees Act 1955;
  8. (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:
1. (a)
  the person is satisfied on reasonable grounds as to the identity of that person; and
2. (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:
1. (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;
2. (b)
  the signature of a person to a consent produced for the purposes of this section is forged or has been obtained by fraud;
3. (c)
  a consent produced for the purposes of this section has been altered in a material particular without authority; or
4. (d)
  a dispensation with the consent of a person that has been produced in relation to the marriage has ceased to have effect.

14Persons 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.

15Prescribed 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:
1. (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;
2. (b)
  has no reason to believe that that person would refuse his or her consent to the proposed marriage; and
3. (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.

16Consent by magistrate where parent etc. refuses consent etc.

(1)
Where, in relation to a proposed marriage of a minor:
1. (a)
  a person whose consent to the marriage is required by this Act refuses to consent to the marriage; or
2. (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:
1. (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
2. (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:
1. (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
2. (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.

17Re‑hearing of applications by a Judge

(1)
Where:
1. (a)
  an application to a magistrate under subsection 16(1) or (5) is refused; or
2. (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.

18Provisions applicable to inquiries by Judge or magistrate

(1)
In conducting an inquiry under this Part, a Judge or a magistrate:
1. (a)
  is not bound by the rules of evidence; and
2. (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.

19Restriction on applications under sections 12, 15 and 16

(1)
Where, in relation to a proposed marriage of a minor to a particular person:
1. (a)
  an application under section 15 has been refused by a prescribed authority;
2. (b)
  an application under section 16 has been refused by a magistrate or a Judge; or
3. (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.

20Effect 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.

21Consent 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:
1. (a)
  the marriage does not take place within 3 months after the date of the dispensation; or
2. (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 IIIVoid marriagesDivision 1Marriages solemnised on or after 20 June 1977 and before the commencement of section 13 of the Marriage Amendment Act 198522Division 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.

23Grounds 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:
1. (a)
  either of the parties was, at the time of the marriage, lawfully married to some other person;
2. (b)
  the parties are within a prohibited relationship;
3. (c)
  by reason of section 48 the marriage is not a valid marriage;
4. (d)
  the consent of either of the parties was not a real consent because:
  1. (i)
    it was obtained by duress or fraud;
  2. (ii)
    that party was mistaken as to the identity of the other party or as to the nature of the ceremony performed; or
  3. (iii)
    that party was mentally incapable of understanding the nature and effect of the marriage ceremony; or
5. (e)
  either of the parties was not of marriageable age;
and not otherwise.
(2)
Marriages of parties within a prohibited relationship are marriages:
1. (a)
  between a person and an ancestor or descendant of the person; or
2. (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:
1. (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
2. (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 2Marriages solemnised after the commencement of section 13 of the Marriage Amendment Act 198523AApplication 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:
1. (a)
  all marriages solemnised in Australia; and
2. (b)
  all marriages under Part V.
(2)
This Division does not apply in relation to marriages to which Division 3 of Part IV applies.

23BGrounds 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:
1. (a)
  either of the parties is, at the time of the marriage, lawfully married to some other person;
2. (b)
  the parties are within a prohibited relationship;
3. (c)
  by reason of section 48 the marriage is not a valid marriage;
4. (d)
  the consent of either of the parties is not a real consent because:
  1. (i)
    it was obtained by duress or fraud;
  2. (ii)
    that party is mistaken as to the identity of the other party or as to the nature of the ceremony performed; or
  3. (iii)
    that party did not understand the nature and effect of the marriage ceremony; or
5. (e)
  either of the parties is not of marriageable age;
and not otherwise.
(2)
Marriages of parties within a prohibited relationship are marriages:
1. (a)
  between a person and an ancestor or descendant of the person; or
2. (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:
1. (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
2. (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 IVSolemnisation of marriages in AustraliaDivision 1Authorised celebrantsSubdivision AMinisters of religion25Interpretation

(1)
In this Subdivision:
1. (a)
  a reference to a Registrar shall be read as a reference to a Registrar of Ministers of Religion; and
2. (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.

26Recognised 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.

27Registers 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.

28Transfer 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.

29Qualifications 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.

30Registrar 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.

31Applicant 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.

32Effect of registration

A minister of religion who is registered under this Subdivision in any register may solemnise marriages at any place in Australia.

33Removal 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:
1. (a)
  that person has requested that his or her name be so removed;

1. (b)
  that person has died;
2. (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;
3. (d)
  that person:
  1. (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;
  2. (ii)
    has been making a business of solemnising marriages for the purpose of profit or gain; or
  3. (iii)
    is not a fit and proper person to solemnise marriages; or
4. (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:
1. (a)
  the Registrar has, in accordance with the regulations, served on the person a notice in writing:
  1. (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
  2. (ii)
    informing the person that any representations made to the Registrar before that date will be considered by the Registrar;
2. (b)
  the Registrar has considered any representations made by the person before the date specified in the notice; and
3. (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:
1. (a)
  the person is notified by the Registrar that the Registrar has decided not to remove the person’s name from the register;
2. (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
3. (c)
  the person’s name, having been removed from the register, is restored to the register.

34Review 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:
1. (a)
  refusing to register a person who has applied for registration under this Subdivision; or
2. (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.

35Change of address etc. to be notified

(1)
Where a person registered under this Subdivision:
1. (a)
  changes his or her name, address or designation; or
2. (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.

36Transfer 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.

37Furnishing 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.

38Registrars 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 BState and Territory officers etc.39Authorisation 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:
1. (a)
  is registered as a marriage celebrant under Subdivision C of this Division; or
2. (b)
  is a minister of religion who is registered under Subdivision A of this Division.
(3)
An authorisation under subsection (2):
1. (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
2. (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 CMarriage celebrants39ARegistrar 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:
1. (a)
  a function or power under a provision of the Act referred to in the table in subsection (5); or
2. (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)

39AADeputy 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).

39BRegister of marriage celebrants

The Registrar of Marriage Celebrants is to maintain on the internet a register of marriage celebrants.

39CEntitlement 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:
1. (a)
  is aged 18 years or over; and
2. (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
3. (c)
  is a fit and proper person to be a marriage celebrant; and
4. (d)
  is not a minister of religion who is already registered under Subdivision A of this Division; and
5. (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:
1. (a)
  whether the person has sufficient knowledge of the law relating to the solemnisation of marriages by marriage celebrants; and
2. (b)
  whether the person is committed to advising couples of the availability of relationship support services; and
3. (c)
  whether the person is of good standing in the community; and
4. (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
5. (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
6. (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
7. (g)
  whether the person will fulfil the obligations under section 39G; and
8. (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).

39DRegistration 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)(b) (required qualifications or skills); or
(b)
the person has been granted an exemption from liability to pay the registration application fee; or
(c)
any other circumstances prescribed by the regulations for the purposes of this paragraph exist.
(1G)
The Registrar may refund the whole or a part of a registration application fee under subsection (1F):
(a)
on the initiative of the Registrar; or
(b)
on application by the person who made the application to be registered as a marriage celebrant.
How Registrar deals with applications
(2)
The Registrar must deal with applications in the order in which they are made (see subsection (1A)).
(3)
In dealing with an application, the Registrar:
(a)
must have regard to the information in the application; and
(b)
may have regard to any other information in his or her possession; and
(c)
is not required to seek any further information.
Requests for additional information
(3A)
The Registrar may, by written notice, request:
(a)
a person (an applicant) who has made an application (see subsection (1A)); or
(b)
with the applicant’s consent, any other person or body who the Registrar considers may have information relevant to the application or the applicant;
to give additional information to the Registrar, within a reasonable period specified in the notice, to assist the Registrar to decide whether to register the applicant as a marriage celebrant.
(3B)
If the Registrar gives a notice to an applicant or another person or body requesting additional information under subsection (3A), the Registrar is not required to consider the applicant’s application while the Registrar is waiting for the information to be given.
(3C)
If the Registrar gives a notice to an applicant requesting additional information under subsection (3A), the applicant’s application is taken to have been withdrawn at the end of the period specified in the notice if the additional information is not given to the Registrar within:
(a)
the specified period; or
(b)
if the Registrar allows a longer period by written notice given to the applicant—that longer period.
Decision on application
(4)
The Registrar must register a person as a marriage celebrant if:
(a)
the person has made an application (see subsection (1A)); and
(b)
the Registrar is satisfied that the person is entitled to be registered as a marriage celebrant.
The Registrar must not register a person as a marriage celebrant in any other circumstances.
(5)
The Registrar registers a person as a marriage celebrant by entering in the register of marriage celebrants all details relating to the person that are required by regulations made for the purposes of this subsection.
(6)
If the Registrar registers a person as a marriage celebrant, the Registrar must, as soon as practicable, give the person written notice of the registration.
(7)
If the Registrar decides not to register a person as a marriage celebrant after dealing with the person’s application, the Registrar must, as soon as practicable, inform the applicant in writing of:
(a)
the decision; and
(b)
the reasons for it; and
(c)
the person’s right under section 39J (if any) to apply for review of the decision.

Subdivision DReligious marriage celebrants39DAEntitlement to be identified as a religious marriage celebrant on the register of marriage celebrants

A person is entitled to be identified as a religious marriage celebrant on the register of marriage celebrants if:
(a)
the person is registered as a marriage celebrant under Subdivision C of this Division; and
(b)
the person is a minister of religion.

39DBRequest to be identified as a religious marriage celebrant on the register of marriage celebrants

(1)
A person may, in writing, give the Registrar of Marriage Celebrants notice that the person wishes to be identified as a religious marriage celebrant on the register of marriage celebrants.
(2)
The notice must be in a form approved by the Registrar, and include all of the information required by the form.

39DCIdentification as a religious marriage celebrant

The Registrar of Marriage Celebrants must identify a person as a religious marriage celebrant on the register of marriage celebrants if:
(a)
the person has given the Registrar notice in accordance with section 39DB that the person wishes to be identified as a religious marriage celebrant on the register; and
(b)
the person is entitled to be identified as a religious marriage celebrant on the register.

39DDTransitional provisions for existing marriage celebrants

Marriage celebrants who are ministers of religion, but not ministers of religion of a recognised denomination
(1)
The Registrar of Marriage Celebrants must identify a person as a religious marriage celebrant on the register of marriage celebrants if:
(a)
the person was registered as a marriage celebrant under Subdivision C of this Division immediately before Part 1 of Schedule 1 to the Marriage Amendment (Definition and Religious Freedoms) Act 2017 commenced; and
(b)
the person is a minister of religion.
Marriage celebrants who wish to be religious marriage celebrants on the basis of their religious beliefs
(2)
The Registrar of Marriage Celebrants must identify a person as a religious marriage celebrant on the register of marriage celebrants if:
(a)
the person was registered as a marriage celebrant under Subdivision C of this Division immediately before Part 1 of Schedule 1 to the Marriage Amendment (Definition and Religious Freedoms) Act 2017 commenced; and
(b)
the person gives the Registrar notice that the person wishes to be identified as a religious marriage celebrant on the register:
(i)
in writing; and
(ii)
in a form approved by the Registrar; and
(iii)
within 90 days after Part 1 of Schedule 1 to the Marriage Amendment (Definition and Religious Freedoms) Act 2017 commences; and
(c)
the choice is based on the person’s religious beliefs.

39DEProcess of identification on the register as a religious marriage celebrant

(1)
The Registrar identifies a person as a religious marriage celebrant on the register of marriage celebrants by annotating the register to include that detail.
(2)
If the Registrar identifies a person as a religious marriage celebrant on the register of marriage celebrants, the Registrar must, as soon as practicable, give the person written notice of that fact.
(3)
If the Registrar decides not to identify a person as a religious marriage celebrant on the register of marriage celebrants, the Registrar must, as soon as practicable, inform the person in writing of:
1. (a)
  the decision; and
2. (b)
  the reasons for it; and
3. (c)
  the person’s right under section 39J to apply for a review of the decision.

Subdivision EGeneral provisions relating to all marriage celebrants39FEffect of registration

A person who is registered as a marriage celebrant may solemnise marriages at any place in Australia.

39FACelebrant registration charge: liability to pay charge

(1)
A person is liable to pay celebrant registration charge to the Commonwealth in respect of a financial year if:
1. (a)
  the person:
  1. (i)
    is a marriage celebrant on 1 July in that financial year (except if paragraphs (1A)(b) and (c) apply in relation to the person on that day); or
  2. (ii)
    becomes a marriage celebrant later in that financial year; or
  3. (iii)
    is liable to pay the charge under subsection (1A); and
2. (b)
  the person has not, before the end of the charge payment day, been granted an exemption from liability to pay the charge.
The charge must be paid by the end of the charge payment day.
Note: For the imposition and rate of the charge, see the Marriage (Celebrant Registration Charge) Act 2014.
Marriage celebrants appealing decision to be deregistered
(1A)
A person is liable to pay celebrant registration charge to the Commonwealth in respect of a financial year if:
1. (a)
  the person is a marriage celebrant on 1 July of that financial year; and
2. (b)
  before that day:
  1. (i)
    the Registrar decided to deregister the person as a marriage celebrant; and
  2. (ii)
    the person applied to the Administrative Review Tribunal for review of the decision; and
3. (c)
  that application, or any later application to a court that relates to that application, has not been finally determined by that day; and
4. (d)
  that or any later application is finally determined in that financial year; and
5. (e)
  after the application is finally determined, the person is not deregistered.
Notice of charge
(2)
The Registrar of Marriage Celebrants must, in respect of a financial year, send each person who is liable to pay the celebrant registration charge in respect of the financial year a written notice that:
1. (a)
  specifies:
  1. (i)
    the amount of celebrant registration charge that is payable by the person (unless the person is granted an exemption); and
  2. (ii)
    the charge payment day (being a day that is at least 30 days after the day on which the notice is sent); and
2. (b)
  complies with any other requirements prescribed by the regulations relating to the content of the notice, or how it is to be sent.
Exemptions
(3)
The regulations may do all or any of the following:
1. (a)
  provide for the granting of exemptions, on grounds specified in the regulations, from liability to pay celebrant registration charge in respect of a financial year;
2. (b)
  require a fee to be paid in respect of an application for an exemption;
3. (c)
  provide for internal review of decisions to refuse to grant exemptions.
(4)
Regulations made for the purpose of paragraph (3)(b) may specify a fee, or provide for a fee to be determined by the Minister by legislative instrument.
(5)
Regulations made for the purpose of paragraph (3)(c) must provide that the outcome of an internal review of a decision (the original decision) is either:
1. (a)
  that the original decision is confirmed; or
2. (b)
  that a different decision is substituted for the original decision, with effect from the time when the original decision was made.
Charge debt due to the Commonwealth
(6)
An amount of celebrant registration charge that a person is liable to pay:
1. (a)
  is a debt due by the person to the Commonwealth; and
2. (b)
  may be recovered by action in a court of competent jurisdiction.

39FBCelebrant registration charge: consequence of non‑payment

(1)
If a person has not, by the end of the charge payment day, paid an amount of celebrant registration charge that the person is liable to pay, the Registrar of Marriage Celebrants must, as soon as practicable after that day, send the person a written notice in accordance with subsection (2), unless the Registrar considers that the notice should not be sent at that time because:
1. (a)
  the person’s liability to pay the charge may be affected by:
  1. (i)
    the outcome of an application for internal review of a decision to refuse to grant an exemption; or
  2. (ii)
    any other circumstance of which the Registrar is aware; or
2. (b)
  the person’s details have been removed from the register under paragraph 39I(2)(d) or 39K(a) before the notice is sent.
  Note: Depending on the outcome of matters referred to in paragraph (1)(a), it may turn out that the person is not liable to pay the charge.
(2)
The notice referred to in subsection (1) must:
1. (a)
  advise the person that, because the person has failed to pay celebrant registration charge, the person will be deregistered as a marriage celebrant on the day specified in the notice (being a day that is at least 7 days after the day on which the notice is sent); and
2. (b)
  comply with any other requirements prescribed by the regulations relating to the content of the notice, or how it is to be sent.
(3)
The person is taken to have been deregistered by the Registrar of Marriage Celebrants at the start of the day specified in the notice.
Note: A person who wishes to become a marriage celebrant again may reapply under section 39D.
(4)
The Registrar of Marriage Celebrants must remove the person’s details from the register of marriage celebrants.

39GObligations of each marriage celebrant

(1)
A marriage celebrant must:
1. (a)
  conduct himself or herself in accordance with the Code of Practice for marriage celebrants prescribed by regulations made for the purposes of this paragraph; and
2. (b)
  undertake all professional development activities required by the Registrar of Marriage Celebrants in accordance with regulations made for the purposes of this paragraph; and
3. (ba)
  comply with any disciplinary measures taken against the marriage celebrant under section 39I; and
4. (c)
  notify the Registrar, in writing, within 30 days of:
  1. (i)
    a change that results in the details provided by the person to the Registrar no longer being correct; or
  2. (ii)
    the occurrence of an event that might have caused the Registrar not to register the person as a marriage celebrant if the event had occurred before the person was registered; and
5. (d)
  disclose that the celebrant is a marriage celebrant, and whether or not the celebrant is a religious marriage celebrant, in any document relating to the performance of services as a marriage celebrant (including advertisements) by the celebrant.
  Note 1: If a marriage celebrant fails to comply with these obligations, the Registrar may take disciplinary measures under section 39I.
  Note 2: For subparagraph (1)(c)(i), a person may notify the Registrar by updating the person’s details using a portal provided by the Registrar.
(2)
Without limiting subsection (1), the regulations may require a fee to be paid in respect of an application for an exemption from requirements prescribed by regulations made for the purpose of paragraph (1)(b). The regulations may specify the fee, or provide for the fee to be determined by the Minister by legislative instrument.
(3)
The regulations may specify the details that must be notified to the Registrar for the purposes of subparagraph (1)(c)(i).

39HPerformance reviews

(1)
The Registrar of Marriage Celebrants may, from time to time, review the performance of a marriage celebrant in respect of a period to determine whether the Registrar considers that the celebrant’s performance in the period is satisfactory.
Note: The period to which a review relates is at the discretion of the Registrar.
(3)
In reviewing the performance of a marriage celebrant, the Registrar:
1. (a)
  must consider the matters prescribed by regulations made for the purposes of this paragraph; and
2. (b)
  may have regard to any information in his or her possession, but is not required to seek any further information.
(4)
The Registrar must not determine that a marriage celebrant’s performance in respect of a period was not satisfactory unless:
1. (a)
  the Registrar has given the marriage celebrant a written notice:
  1. (i)
    stating the Registrar’s intention to make the determination unless, before the date specified in the notice (which must be at least 21 days after the date on which the notice was given), the marriage celebrant satisfies the Registrar that the marriage celebrant’s performance in respect of the period was satisfactory; and
  2. (ii)
    informing the marriage celebrant that any representations made to the Registrar before that date will be considered by the Registrar; and
2. (b)
  the Registrar has considered any representations made by the marriage celebrant before the date specified in the notice; and
3. (c)
  the determination is made in writing within 14 days after the date specified in the notice.

39IDisciplinary measures

(1)
The Registrar of Marriage Celebrants may only take disciplinary measures against a marriage celebrant if the Registrar:
1. (a)
  is satisfied that the marriage celebrant is no longer entitled to be registered as a marriage celebrant; or
2. (aa)
  is satisfied that the marriage celebrant is no longer entitled to be identified as a religious marriage celebrant on the register of marriage celebrants; or
3. (b)
  is satisfied that the marriage celebrant has not complied with an obligation under section 39G; or
4. (c)
  has determined in writing under section 39H that the marriage celebrant’s performance in respect of a period was not satisfactory; or
5. (d)
  is satisfied that it is appropriate to take disciplinary measures against the marriage celebrant after considering a complaint in accordance with the complaints resolution procedures established under paragraph 39K(c); or
6. (e)
  is satisfied that the marriage celebrant’s application for registration was known by the marriage celebrant to be false or misleading in a material particular; or
7. (f)
  is satisfied that the marriage celebrant’s notice under section 39DB or paragraph 39DD(2)(b) (notice requesting to be identified as a religious marriage celebrant) was known by the marriage celebrant to be false or misleading in a material particular.
(2)
The only disciplinary measures that the Registrar may take against a marriage celebrant are to:
1. (a)
  caution the marriage celebrant in writing; or
2. (b)
  in accordance with regulations made for the purposes of this paragraph, require the marriage celebrant to undertake professional development activities determined in writing by the Registrar; or
3. (c)
  suspend the marriage celebrant’s registration for a period (the suspension period) of up to 6 months by annotating the register of marriage celebrants to include:
  1. (i)
    a statement that the registration is suspended; and
  2. (ii)
    the dates of the start and end of the suspension period; or
4. (d)
  deregister the marriage celebrant by removing his or her details from the register of marriage celebrants; or
5. (e)
  if the marriage celebrant is identified as a religious marriage celebrant on the register of marriage celebrants:
  1. (i)
    remove the identification of the marriage celebrant as a religious marriage celebrant from the register for a period (the suspension period) of up to 6 months by annotating the register of marriage celebrants to include a statement that the celebrant is not identified as a religious marriage celebrant, and the dates of the start and end of the suspension period; or
  2. (ii)
    remove the identification of the marriage celebrant as a religious marriage celebrant permanently from the register.
  Note: A decision to suspend a marriage celebrant’s registration, or to deregister a marriage celebrant, is reviewable under section 39J.
(3)
If the Registrar suspends a marriage celebrant’s registration for a particular period, section 39F does not apply in respect of the marriage celebrant during the period.
(3A)
If the Registrar removes the identification of a marriage celebrant as a religious marriage celebrant for any period under paragraph (2)(e), section 47A does not apply in respect of the celebrant during that period.
(4)
If the Registrar decides to take disciplinary measures against a marriage celebrant (including a religious marriage celebrant), the Registrar:
1. (a)
  must give the marriage celebrant written notice of:
  1. (i)
    the decision; and
  2. (ii)
    the reasons for it; and
  3. (iii)
    the disciplinary measure that is being taken; and
  4. (iv)
    if the marriage celebrant has a right under section 39J to apply for review of the decision—that right; and
2. (b)
  may inform the community, in any way the Registrar thinks appropriate, including by electronic means, that the disciplinary measure is being taken against the marriage celebrant.

39JReview of decisions

(1)
An application may be made to the Administrative Review Tribunal for a review of a decision of the Registrar of Marriage Celebrants:
1. (a)
  not to register a person as a marriage celebrant; or
2. (b)
  to suspend a person’s registration as a marriage celebrant; or
3. (c)
  to deregister a marriage celebrant (including under section 39FB); or
4. (d)
  not to identify a person as a religious marriage celebrant on the register of marriage celebrants; or
5. (e)
  to remove the identification of a person as a religious marriage celebrant from the register of marriage celebrants, either for a specified period or permanently.
(2)
For the purposes of both the making of an application under subsection (1) and the operation of the Administrative Review Tribunal Act 2024 in relation to such an application, if:
1. (a)
  a person has made application for registration as a marriage celebrant (see subsection 39D(1A)); and
2. (b)
  at the end of 6 months after the day on which the application was made, the person has not been:
  1. (i)
    registered; or
  2. (ii)
    notified by the Registrar that that person’s application has been refused;
the Registrar is taken to have decided, on the last day of the 6 month period, not to register that person as a marriage celebrant.
(2A)
For the purposes of both the making of an application under subsection (1) and the operation of the Administrative Review Tribunal Act 2024 in relation to such an application, if:
1. (a)
  a person has given notice under section 39DB or paragraph 39DD(2)(b) (notice requesting to be identified as a religious marriage celebrant); and
2. (b)
  at the end of 6 months after the day on which the notice was given, the person has not been:
  1. (i)
    identified as a religious marriage celebrant on the register of marriage celebrants; or
  2. (ii)
    notified by the Registrar that the Registrar has decided not to identify the person as a religious marriage celebrant on the register of marriage celebrants;
the Registrar is taken to have decided, on the last day of the 6 month period, not to identify that person as a religious marriage celebrant on the register of marriage celebrants.
(3)
The Registrar must take such action as is necessary to give effect to the Tribunal’s decision.

39KAdditional functions of the Registrar

The Registrar of Marriage Celebrants must:
(a)
amend the register of marriage celebrants in accordance with regulations made for the purposes of this paragraph; and
(aa)
remove the name of a person from the register of marriage celebrants in accordance with regulations made for the purposes of this paragraph; and
(b)
keep records relating to marriage celebrants, and the register of marriage celebrants, in accordance with regulations made for the purposes of this paragraph; and
(c)
establish complaints resolution procedures, in accordance with regulations made for the purposes of this paragraph, to resolve complaints about the solemnisation of marriages by marriage celebrants; and
(d)
perform any additional functions specified in regulations made for the purposes of this paragraph.

39LRegistrar not liable for damages

Neither the Registrar of Marriage Celebrants, nor a Deputy Registrar of Marriage Celebrants, is liable to an action or other proceeding for damages in respect of anything done, or omitted to be done, in good faith in:
(a)
the exercise or performance; or
(b)
the purported exercise or performance;
of powers or functions under this Act.

39MEvidence of registration etc.

A certificate, signed by the Registrar of Marriage Celebrants, stating that, at a specified time, or during a specified period:
(a)
a person was registered as a marriage celebrant; or
(b)
a person’s registration as a marriage celebrant was suspended; or
(c)
a person was not registered as a marriage celebrant; or
(d)
a person was identified as a religious marriage celebrant on the register of marriage celebrants; or
(e)
a person was not identified as a religious marriage celebrant on the register of marriage celebrants;
is prima facie evidence of that fact.

Division 2Marriages by authorised celebrants40Application of Division

(1)
Subject to subsection (2), this Division applies to and in relation to all marriages solemnised, or intended to be solemnised, in Australia.
(2)
This Division does not apply to or in relation to marriages to which Division 3 of this Part applies.

41Marriages to be solemnised by authorised celebrant

A marriage shall be solemnised by an authorised celebrant who is physically present at the place where the marriage takes place and is authorised to solemnise marriages at that place.

42Notice to be given and declaration made

(1)
Subject to this section, a marriage shall not be solemnised unless:
1. (a)
  notice in writing of the intended marriage has been given in accordance with this section and has been received by the authorised celebrant solemnising the marriage not earlier than 18 months before the date of the marriage and not later than 1 month before the date of the marriage;
2. (b)
  there has been produced to that authorised celebrant, in respect of each of the parties:
  1. (i)
    an official certificate, or an official extract of an entry in an official register, showing the date and place of birth of the party; or
  2. (iii)
    a passport issued by a government of an overseas country, showing the date and place of birth of the party; or
  3. (iv)
    an Australian passport, showing the date and place of birth of the party; or
  4. (v)
    if it is impracticable for the party to obtain a certificate or official extract referred to in subparagraph (i) and the party does not have a current passport referred to in subparagraph (iii) or (iv)—a statutory declaration made by the party or a parent of the party stating that, for reasons specified in the declaration, it is impracticable to obtain a certificate or official extract referred to in subparagraph (i) and stating, to the best of the declarant’s knowledge and belief and as accurately as the declarant has been able to ascertain, when and where the party was born; and
3. (c)
  each of the parties has made and subscribed in the physical presence of that authorised celebrant a declaration, in writing, as to:
  1. (i)
    the party’s conjugal status;
  2. (ii)
    the party’s belief that there is no legal impediment to the marriage; and
  3. (iii)
    such other matters as are prescribed.
(2)
A notice under subsection (1):
1. (a)
  must contain such particulars in relation to the parties as are prescribed; and
2. (b)
  must be signed by each of the parties; and
3. (c)
  if a party signs the notice in Australia—must be signed under the observation (whether or not by means of a facility that enables audio and visual communication between persons in different places) of one of the following, who must also be in Australia:
  1. (i)
    an authorised celebrant;
  2. (ii)
    a Commissioner for Declarations under the Statutory Declarations Act 1959;
  3. (iii)
    a justice of the peace;
  4. (iv)
    a barrister or solicitor;
  5. (v)
    a medical practitioner;
  6. (vi)
    a member of the Australian Federal Police or the police force of a State or Territory; and
4. (d)
  if a party signs the notice outside Australia—must be signed under the observation (whether or not by means of a facility that enables audio and visual communication between persons in different places) of one of the following, who must also be outside Australia:

(3)
Judicial notice shall be taken of the signature of a person who has, at any time:
1. (a)
  performed the functions of a Judge or magistrate under Part II of this Act or of a Judge under the Part repealed by the Marriage Amendment Act 1976;
2. (b)
  performed the functions of a prescribed authority under this Act; or
3. (c)
  kept a register under Division 1 of Part IV of this Act;
appearing on a document under this Act and of the fact that, at the time the document was signed, that person was duly authorised to perform those functions or to keep that register, as the case may be.

117Evidence of registration etc.

(1)
A certificate under the hand of a person by whom a register under a Subdivision of Division 1 of Part IV (other than Subdivision C or D of that Division) is kept stating that a specified person was, at a date specified in the certificate, registered under that Subdivision in the register kept by the first‑mentioned person for the purposes of that Subdivision is evidence that the person specified in the certificate was registered under that Subdivision at the date so specified.
(2)
A certificate under the hand of the Minister stating that a person specified in the certificate was not, at a date specified in the certificate, registered under a Subdivision of Division 1 of Part IV (other than Subdivision C or D of that Division) is evidence that the person specified in the certificate was not registered under that Subdivision at the date so specified.
(2A)
A certificate under the hand of the Minister stating that a specified person was at a specified date:
1. (a)
  a person authorised under section 39 to solemnise marriages at the place and subject to the conditions (if any) specified in the certificate; or
2. (b)
  an officer or employee of the Commonwealth, a State or a Territory, appointed by the Minister to be a prescribed authority;
is prima facie evidence of the matters stated in the certificate.
(3)
In a prosecution for an offence against this Act, an averment by the prosecutor in the information or complaint that the defendant or any other person specified in the averment is identical with the person specified in a certificate under this section is evidence of that fact.

118Right of ministers of religion to receive fees

Nothing in this Act affects the right of a minister of religion who is an authorised celebrant to require or receive a fee for or in respect of the solemnisation of a marriage.

119Approved forms

(1)
The Minister may, in writing, approve a form for the purpose of a provision of this Act or the regulations. If the Minister approves a form, that form must be used.
(2)
An approved form may do any of the following:
1. (a)
  require the form to be accompanied by specified documents;
2. (b)
  require documents or information to be verified by statutory declaration.
(3)
The Minister must ensure that an approved form is in force for each of the following provisions:
1. (a)
  subsection 30(1) (application for registration of minister of religion);
2. (b)
  subsection 39D(1) (application for registration as a marriage celebrant);
3. (c)
  paragraph 42(1)(a) (notice of intended marriage);
4. (d)
  paragraph 42(1)(c) (declaration by parties to marriage);
5. (e)
  paragraph 50(1)(b) (official certificate of marriage);
6. (f)
  subsection 74(1) (declaration to be made before authorised celebrant);
7. (g)
  paragraph 80(1)(b) (official certificate of marriage);
8. (h)
  subsection 84(1) (certificate of overseas marriage);
9. (i)
  subsection 112(3) (interpreter’s certificate);
10. (j)
  any provision of the regulations specified by the regulations for the purpose of this paragraph.

120Regulations

The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular:
(b)
prescribing the practice and procedure in relation to inquiries under Part II by a Judge or a magistrate, including the summoning of witnesses, the production of documents, the taking of evidence on oath or affirmation, the administering of oaths or affirmations and the payment to witnesses of fees and of allowances for expenses;
(c)
prescribing the manner of making application for registration under Division 1 of Part IV;
(e)
prescribing the conditions under which, and the manner in which, marriages solemnised in accordance with the law of an overseas country may be registered under section 84;
(f)
making provision for the recognition in Australia of marriages solemnised under a law in force in a place outside Australia, being a law which makes provision appearing to the Governor‑General to be similar to any provision made by Part V;
(g)
requiring the furnishing, to the persons by whom registers of births are kept under a law of the Commonwealth or a State or of any Territory, of information with respect to:
(i)
legitimations effected by sections 89, 90 and 91; and
(ii)
orders made under section 92;
(h)
making provision for and in relation to:
(i)
registration of legitimations effected by sections 89, 90 and 91 in cases where the births of the legitimated children are not registered in any register of births kept under a law of the Commonwealth or a State or of any Territory (including provision requiring the furnishing of information); and
(ii)
the issue and effect of certificates in respect of any such registration; and
(j)
prescribing penalties not exceeding a fine of 2 penalty units for offences against the regulations.

Schedule 1Consent to the marriage of a minor

Note: See section 14.

1Consent to the marriage of a minor

The following table sets out whose consent is required before a minor may marry.

Persons whose consent is required
Item	If …	then this person’s consent is required …
1	(a) at least one parent of the minor is alive; and (b) there is no court order in force in relation to parental responsibility for the minor; and (c) the minor does not have a guardian as referred to in item 3 or 4 of this table	each parent.
2	there is a court order in force granting parental responsibility for the minor to one or more persons (whether or not those persons are the minor’s parents)	each person who, under the order, has (whether explicitly or implicitly) parental responsibility for giving consent to the minor’s marriage.
3	there is a guardianship order in force that: (a) relates to the minor; and (b) is made by a court, tribunal or other body of a State or Territory;	each guardian of the minor under the order.
4	a person is under an Act of the Commonwealth, a State or a Territory, or an Ordinance of a Territory, a guardian of the minor to the exclusion of any other person	each guardian of the minor under the Act or Ordinance.
5	a person is under an Act of a State or a Territory, or an Ordinance of a Territory, a guardian of the minor in addition to any other person whose consent is required in accordance with this table	each guardian of the minor under the Act or Ordinance and each other person whose consent is required in accordance with this table.
6	no other item of this table applies	a prescribed authority.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Marriage Act 1961	12, 1961	6 May 1961	s 1–3, 5(1), 9, 22–24, s 107–110, 120: 6 May 1961 (s 2(1)) Remainder: 1 Sept 1963 (s 2(2) and gaz 1963, p 1977)
Statute Law Revision (Decimal Currency) Act 1966	93, 1966	29 Oct 1966	First Sch: 1 Dec 1966 (s 2(1))	—
Marriage Act 1973	35, 1973	27 May 1973	1 July 1973 (s 2 and gaz 1973, No 70, p 3)	s 8(2) and 12(2)
Statute Law Revision Act 1973	216, 1973	19 Dec 1973	Sch 1: 31 Dec 1973 (s 2)	s 9(1) and 10
Marriage Amendment Act 1976	209, 1976	20 Dec 1976	s 1, 2 and 30: 20 Dec 1976 (s 2(1)) s 14 and 31: 1 July 1976 (s 2(2)) Remainder: 20 June 1977 (s 2(3), (4) and gaz 1977, No S93)	s 2(4), 14(2), 15(2), 23(2) and 30
Domicile (Consequential Amendments) Act 1982	2, 1982	4 Mar 1982	s 3: 1 July 1982 (s 2)	—
Marriage Amendment Act 1985	7, 1985	29 Mar 1985	s 4, 10–13 and 23: 7 Apr 1986 (s 2(2) and gaz 1986, No S153) Remainder: 26 Apr 1985 (s 2(1))	s 8(2), (3) and 25(2)
Statute Law (Miscellaneous Provisions) Act 1988	38, 1988	3 June 1988	Sch 1: 3 June 1988 (s 2(1))	—
Law and Justice Legislation Amendment Act 1990	115, 1990	21 Dec 1990	Sch: 21 Dec 1990 (s 2(1))	—
Sex Discrimination Amendment Act 1991	71, 1991	25 June 1991	s 11–17: 1 Aug 1991 (s 2(1))	s 3 and 17
Territories Law Reform Act 1992	104, 1992	30 June 1992	Sch 4: 1 July 1992 (s 2(3))	—
Witness Protection Act 1994	124, 1994	18 Oct 1994	Sch: 18 Apr 1995 (s 2(2))	—
Family Law Reform (Consequential Amendments) Act 1995	140, 1995	12 Dec 1995	Sch 1 (Pt 7): 11 June 1996 (s 2(4))	—
Statute Law Revision Act 1996	43, 1996	25 Oct 1996	Sch 5 (item 79): 25 Oct 1996 (s 2(1))	—
Law and Justice Legislation Amendment Act 1999	125, 1999	13 Oct 1999	Sch 13: 13 Oct 1999 (s 2(1))	—
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000	137, 2000	24 Nov 2000	Sch 2 (items 269–273, 418, 419): 24 May 2001 (s 2(3))	Sch 2 (items 418, 419)
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001	24, 2001	6 Apr 2001	s 4(1), (2) and Sch 34: 24 May 2001 (s 2(1)(a))	s 4(1) and (2)
Marriage Amendment Act 2002	77, 2002	8 Oct 2002	Sch 1: 1 Sept 2003 (s 2(1) item 2 and gaz 2003, No. GN31) Sch 2 (items 1–14, 16–56): 5 Nov 2002 (s 2(1) items 3, 5) Sch 2 (item 15): 8 Apr 2003 (s 2(1) item 4)	Sch 1 (item 27) and Sch 2 (items 5, 10, 17)
as amended by
Statute Law Revision Act 2012	136, 2012	22 Sept 2012	Sch 2 (item 30): 22 Sept 2012 (s 2(1) item 22)	—
Marriage Amendment Act 2004	126, 2004	16 Aug 2004	16 Aug 2004 (s 2)	—
Family Law Amendment (Shared Parental Responsibility) Act 2006	46, 2006	22 May 2006	Sch 4 (items 114–117): 1 July 2006 (s 2(1) item 5)	—
Statute Law Revision Act 2010	8, 2010	1 Mar 2010	Sch 5 (item 137(a)): 1 Mar 2010 (s 2(1) item 38)	—
Statute Law Revision Act 2011	5, 2011	22 Mar 2011	Sch 4 (items 1–25): 22 Mar 2011 (s 2(1) items 11, 12) Sch 7 (item 92): 19 Apr 2011 (s 2(1) item 18)	—
Federal Circuit Court of Australia (Consequential Amendments) Act 2013	13, 2013	14 Mar 2013	Sch 1 (items 328–330): 12 Apr 2013 (s 2(1) item 2)	—
Marriage Amendment (Celebrant Administration and Fees) Act 2014	25, 2014	9 Apr 2014	Sch 1 and 2: 1 July 2014 (s 2(1) item 2)	Sch 1 (items 12–14) and Sch 2 (items 26–28)
Statute Law Revision Act (No. 1) 2014	31, 2014	27 May 2014	Sch 1 (item 48): 24 June 2014 (s 2(1) item 2)	—
Norfolk Island Legislation Amendment Act 2015	59, 2015	26 May 2015	Sch 2 (item 248): 1 July 2016 (s 2(1) item 5) Sch 2 (items 356–396): 18 June 2015 (s 2(1) item 6)	Sch 2 (items 356–396)
as amended by
Territories Legislation Amendment Act 2016	33, 2016	23 Mar 2016	Sch 2: 24 Mar 2016 (s 2(1) item 2)	—
Law and Justice Legislation Amendment (Northern Territory Local Court) Act 2016	26, 2016	23 Mar 2016	Sch 1 (items 29, 34, 35): 1 May 2016 (s 2(1) item 2)	Sch 1 (items 34, 35)
Trade Legislation Amendment Act (No. 1) 2016	31, 2016	23 Mar 2016	Sch 2 (item 21): 1 May 2016 (s 2(1) item 3)	—
Statute Update Act 2016	61, 2016	23 Sept 2016	Sch 1 (items 306–315): 21 Oct 2016 (s 2(1) item 1)	—
Marriage Amendment (Definition and Religious Freedoms) Act 2017	129, 2017	8 Dec 2017	Sch 1 (items 1–62, 64, 65, 69–71), Sch 3 (items 24, 25) and Sch 4: 9 Dec 2017 (s 2(1) items 2, 3, 5, 7) Sch 1 (items 66–68): 26 Oct 2018 (s 2(1) item 4) Note: This amending title was affected by an editorial change (see C2018C00423)	Sch 1 (items 69–71), Sch 3 (item 25) and Sch 4
as amended by
Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021	13, 2021	1 Mar 2021	Sch 2 (item 540): 1 Sept 2021 (s 2(1) item 5)	—
Civil Law and Justice Legislation Amendment Act 2018	130, 2018	25 Oct 2018	Sch 9: 26 Oct 2018 (s 2(1) item 11)	Sch 9 (items 5, 17, 19, 22, 24, 26, 31, 35)
Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021	13, 2021	1 Mar 2021	Sch 2 (items 537–539): 1 Sept 2021 (s 2(1) item 5)	—
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024	38, 2024	31 May 2024	Sch 3 (items 101, 214): 14 Oct 2024 (s 2(1) item 2)	—
Attorney‑General’s Portfolio Miscellaneous Measures Act 2024	41, 2024	11 June 2024	Sch 3 (items 1–45): 12 June 2024 (s 2(1) item 3) Sch 3 (items 46–55): 9 July 2024 (s 2(1) item 4)	Sch 3 (items 12, 14, 33, 45) and Sch 3 (item 55)
Crown References Amendment Act 2024	115, 2024	10 Dec 2024	Sch 1 (items 30–33): 11 Dec 2024 (s 2(1) item 1)	—

Endnote 4Amendment history

Provision affected	How affected
Part I
s 2.............................................	am No 209, 1976; No 7, 1985
s 2A...........................................	ad No 129, 2017
s 3.............................................	rep No 216, 1973
s 4.............................................	am No 209, 1976
rep No 38, 1988
s 5.............................................	am No 35, 1973; No 209, 1976; No 2, 1982; No 7, 1985; No 38, 1988; No 104, 1992; No 77, 2002; No 126, 2004; No 5, 2011; No 13, 2013; No 25, 2014; No 26, 2016; No 129, 2017; No 130, 2018; No 13, 2021; No 41, 2024; No 115, 2024
s 5A...........................................	ad No 24, 2001
s 6.............................................	rs No 209, 1976
am No 5, 2011
s 7.............................................	am No 209, 1976; No 7, 1985; No 31, 2014
s 8.............................................	am No 209, 1976; No 7, 1985; No 104, 1992; No 5, 2011
s 9.............................................	am No 209, 1976; No 77, 2002; No 5, 2011
s 9A...........................................	ad No 209, 1976
am No 77, 2002; No 13, 2013; No 13, 2021
Part IA
Part IA heading...........................	am No 7, 1985
Part IA.......................................	ad No 209, 1976
s 9B...........................................	ad No 209, 1976
am No 7, 1985; No 38, 1988; No 5, 2011
s 9C...........................................	ad No 209, 1976
am No 7, 1985; No 38, 1988; No115, 1990; No 5, 2011
s 9D...........................................	ad No 209, 1976
am No 7, 1985; No 38, 1988; No 140, 1995
rep No 46, 2006
s 9E...........................................	ad No 209, 1976
am No 7, 1985; No 38, 1988; No 5, 2011
Part II
s 10............................................	am No 209, 1976
s 11............................................	am No 209, 1976; No 7, 1985
rs No 71, 1991
s 12............................................	am No 35, 1973; No 209, 1976; No 7, 1985; No 71, 1991
s 13............................................	am No 35, 1973; No 209, 1976; No 7, 1985; No 77, 2002; No 5, 2011; No 31, 2016; No 130, 2018; No 41, 2024
s 14............................................	am No 209, 1976; No 7, 1985
rs No 130, 2018
s 15............................................	am No 7, 1985; No 5, 2011
s 16............................................	am No 209, 1976; No 7, 1985; No 140, 1995; No 46, 2006; No 25, 2014
s 17............................................	am No 209, 1976; No 7, 1985
s 19............................................	am No 209, 1976; No 7, 1985
s 20............................................	am No 7, 1985
s 21............................................	am No 209, 1976; No 7, 1985; No 5, 2011; No 129, 2017; No 41, 2024
Part III
Part III.......................................	rs No 209, 1976
Division 1
Division 1 heading......................	ad No 7, 1985
rs No 5, 2011
ss 22, 23.....................................	rs No 209, 1976
am No 7, 1985
Division 2
Division 2 heading......................	rs No 5, 2011
Division 2..................................	ad No 7, 1985
s 23A.........................................	ad No 7, 1985
am No 5, 2011
s 23B.........................................	ad No 7, 1985
am No 129, 2017; No 130, 2018
s 24............................................	rep No 209, 1976
Part IV
Part IV heading...........................	rs No 5, 2011
Division 1
Division 1 heading......................	rs No 77, 2002; No 5, 2011
Subdivision A
Subdivision A heading.................	ad No 77, 2002
s 25............................................	am No 7, 1985; No 77, 2002
s 26............................................	am No 5, 2011
s 27............................................	am No 38, 1988; No 77, 2002; No 5, 2011
s 28............................................	am No 77, 2002; No 5, 2011
s 29............................................	am No 209, 1976; No 7, 1985; No 77, 2002; No 5, 2011; No 41, 2024
s 30............................................	am No 7, 1985; No 77, 2002; No 25, 2014
s 31............................................	am No 35, 1973; No 7, 1985; No 77, 2002; No 5, 2011; No 41, 2024
s 32............................................	am No 77, 2002; No 5, 2011
s 33............................................	am No 209, 1976; No 7, 1985; No 77, 2002; No 5, 2011
s 34............................................	rs No 209, 1976
am No 7, 1985; No 77, 2002; No 41, 2024; No 38, 2024

s 35............................................	am No 209, 1976; No 7, 1985; No 77, 2002
s 36............................................	am No 7, 1985
s 37............................................	am No 77, 2002; No 5, 2011
s 38............................................	rs No 35, 1973
am No 7, 1985; No 38, 1988; No 77, 2002; No 5, 2011
Subdivision B
Subdivision B heading.................	ad No 77, 2002
s 39............................................	am No 7, 1985; No 38, 1988; No 77, 2002; No 5, 2011; No 130, 2018; No 41, 2024
ed C30
Subdivision C
Subdivision C.............................	ad No 77, 2002
s 39A.........................................	ad No 77, 2002
am No 41, 2024
s 39AA......................................	ad No 41, 2024
s 39B.........................................	ad No 77, 2002
am No 8, 2010; No 130, 2018
s 39C.........................................	ad No 77, 2002
am No 5, 2011; No 41, 2024
s 39D.........................................	ad No 77, 2002
am No 25, 2014; No 41, 2024
Subdivision D
Subdivision D.............................	ad No 129, 2017
s 39DA......................................	ad No 129, 2017
s 39DB.......................................	ad No 129, 2017
s 39DC.......................................	ad No 129, 2017
s 39DD......................................	ad No 129, 2017
s 39DE.......................................	ad No 129, 2017
Subdivision E
Subdivision E heading.................	ad No 129, 2017
s 39E.........................................	ad No 77, 2002
(1) exp 1 Sept 2008 (s 39E(2))
rep No 25, 2014
s 39F..........................................	ad No 77, 2002
am No 5, 2011
s 39FA.......................................	ad No 25, 2014
am No 130, 2018; No 38, 2024
s 39FB.......................................	ad No 25, 2014
am No 130, 2018
s 39G.........................................	ad No 77, 2002
am No 25, 2014; No 129, 2017; No 130, 2018
s 39H.........................................	ad No 77, 2002
am No 25, 2014
s 39I..........................................	ad No 77, 2002
am No 129, 2017; No 130, 2018
s 39J..........................................	ad No 77, 2002
am No 25, 2014; No 129, 2017; No 130, 2018; No 41, 2024; No 38, 2024
s 39K.........................................	ad No 77, 2002
am No 5, 2011; No 41, 2024
s 39L.........................................	ad No 77, 2002
am No 41, 2024
s 39M........................................	ad No 77, 2002
am No 129, 2017
Division 2
s 40............................................	am No 7, 1985; No 5, 2011
s 41............................................	am No 5, 2011; No 41, 2024
s 42............................................	am No 35, 1973; No 209, 1976; No 7, 1985; No 38, 1988; No 77, 2002; No 5, 2011; No 25, 2014; No 31, 2016; No 129, 2017; No 130, 2018; No 41, 2024
s 42A.........................................	ad No 124, 1994
am No 25, 2014
s 42B.........................................	ad No 41, 2024
s 43............................................	am No 5, 2011
s 44............................................	am No 209, 1976; No 5, 2011
s 45............................................	am No 209, 1976; No 7, 1985; No 5, 2011; No 129, 2017; No 41, 2024
s 46............................................	am No 209, 1976; No 7, 1985; No 38, 1988; No 5, 2011; No 129, 2017; No 41, 2024
s 47............................................	am No 43, 1996; No 5, 2011
rs No 129, 2017
s 47A.........................................	ad No 129, 2017
s 47B.........................................	ad No 129, 2017
s 48............................................	am No 209, 1976; No 5, 2011
s 49............................................	am No 7, 1985; No 5, 2011
s 50............................................	am No 35, 1973; No 209, 1976; No 7, 1985; No 38, 1988; No 5, 2011; No 25, 2014
s 51............................................	am No 35, 1973; No 209, 1976; No 7, 1985; No 38, 1988; No 43, 1996; No 125, 1999; No 5, 2011
Division 3
s 52............................................	am No 209, 1976; No 5, 2011
s 54............................................	am No 209, 1976
rs No 77, 2002
am No 5, 2011
s 55............................................	am No 216, 1973; No 209, 1976
rs No 7, 1985
am No 5, 2011
s 56............................................	am No 7, 1985; No 5, 2011
s 57............................................	am No 7, 1985; No 38, 1988; No 5, 2011
s 58............................................	am No 209, 1976; No 7, 1985; No 38, 1988; No 5, 2011
s 59............................................	am No 7, 1985; No 5, 2011
Part V
Part V heading............................	rs No 77, 2002
Division 1
Division 1..................................	rep No 77, 2002
ad No 130, 2018
s 60............................................	rep No 77, 2002
ad No 130, 2018
s 61............................................	am No 209, 1976; No 7, 1985; No 38, 1988
rep No 77, 2002
ad No 130, 2018
s 62............................................	am No 7, 1985; No 38, 1988
rep No 77, 2002
ad No 130, 2018
s 63............................................	am No 209, 1976; No 7, 1985; No 38, 1988
rep No 77, 2002
ad No 130, 2018
s 64............................................	am No 7, 1985
rep No 77, 2002
ad No 130, 2018
Division 2..................................	rep No 77, 2002
s 65............................................	rep No 77, 2002
s 66............................................	am No 209, 1976; No 7, 1985; No 38, 1988
rep No 77, 2002
s 67............................................	am No 209, 1976; No 7, 1985
rep No 77, 2002
s 68............................................	am No 209, 1976; No 7, 1985; No 38, 1988
rep No 77, 2002
s 69............................................	am No 209, 1976
rep No 77, 2002
s 70............................................	rep No 77, 2002
Division 3
Division 3 heading......................	rs No 77, 2002
s 71............................................	am No 5, 2011; No 129, 2017; No 41, 2024; No 115, 2024
s 71A.........................................	ad No 129, 2017
s 72............................................	am No 209, 1976; No 5, 2011; No 129, 2017; No 41, 2024
Division 4
s 73............................................	am No 209, 1976; No 7, 1985; No 5, 2011
s 74............................................	am No 7, 1985; No 77, 2002; No 5, 2011; No 25, 2014; No 129, 2017
s 75............................................	am No 7, 1985; No 77, 2002; No 5, 2011; No 129, 2017
s 76............................................	am No 209, 1976; No 7, 1985; No 77, 2002; No 5, 2011; No 129, 2017
s 77............................................	am No 209, 1976; No 7, 1985; No 71, 1991; No 77, 2002; No 5, 2011; No 129, 2017
s 78............................................	am No 7, 1985; No 38, 1988; No 71, 1991; No 77, 2002; No 5, 2011; No 129, 2017
s 79............................................	am No 7, 1985; No 77, 2002; No 129, 2017
s 80............................................	am No 209, 1976; No 7, 1985; No 38, 1988; No 77, 2002; No 5, 2011; No 25, 2014; No 129, 2017; No 41, 2024
s 81............................................	am No 77, 2002; No 5, 2011; No 129, 2017
s 82............................................	am No 5, 2011
s 83............................................	am No 209, 1976; No 77, 2002; No 5, 2011; No 129, 2017
s 84............................................	am No 7, 1985; No 77, 2002; No 25, 2014; No 129, 2017
s 85............................................	am No 209, 1976; No 7, 1985; No 38, 1988; No 77, 2002; No 5, 2011; No 129, 2017
s 86............................................	am No 38, 1988
s 87............................................	am No 5, 2011
Part VA
Part VA......................................	ad No 7, 1985
s 88A.........................................	ad No 7, 1985
s 88B.........................................	ad No 7, 1985
am No 126, 2004; No 5, 2011; No 129, 2017
s 88C.........................................	ad No 7, 1985
am No 5, 2011
s 88D.........................................	ad No 7, 1985
am No 71, 1991; No 5, 2011
s 88E.........................................	ad No 7, 1985
am No 71, 1991; No 5, 2011
s 88EA.......................................	ad No 126, 2004
rep No 129, 2017
s 88F..........................................	ad No 7, 1985
am No 71, 1991; No 5, 2011
s 88G.........................................	ad No 7, 1985
am No 71, 1991; No 5, 2011
ed C26
Part VI
s 89............................................	am No 209, 1976; No 7, 1985
s 90............................................	rs No 7, 1985
am No 5, 2011
s 91............................................	am No 209, 1976; No 7, 1985
s 92............................................	am No 209, 1976; No 7, 1985; No 38, 1988; No 77, 2002; No 13, 2013; No 59, 2015; No 13, 2021
s 93............................................	am No 7, 1985; No 38, 1988
ed C26
Part VII
s 94............................................	am No 35, 1973; No 209, 1976; No 7, 1985; No 24, 2001
s 95............................................	am No 93, 1966; No 35, 1973; No 209, 1976; No 7, 1985; No 24, 2001; No 61, 2016
s 96............................................	am No 93, 1966; No 209, 1976; No 7, 1985
rep No 137, 2000
s 97............................................	am No 93, 1966; No 209, 1976; No 7, 1985
rep No 137, 2000
s 98............................................	am No 93, 1966; No 209, 1976; No 7, 1985; No 137, 2000; No 61, 2016
s 99............................................	am No 93, 1966; No 209, 1976; No 7, 1985; No 77, 2002; No 5, 2011; No 61, 2016; No 129, 2017
s 100..........................................	am No 93, 1966; No 209, 1976; No 7, 1985; No 5, 2011; No 61, 2016
s 101..........................................	am No 93, 1966; No 209, 1976; No 7, 1985; No 5, 2011; No 61, 2016
s 102..........................................	am No 93, 1966; No 209, 1976; No 7, 1985
rep No 137, 2000
s 103..........................................	am No 93, 1966; No 209, 1976; No 5, 2011; No 61, 2016
s 104..........................................	am No 93, 1966; No 209, 1976; No 77, 2002; No 5, 2011; No 61, 2016
s 105..........................................	am No 93, 1966; No 209, 1976; No 24, 2001; No 61, 2016
s 106..........................................	am No 93, 1966; No 209, 1976; No 7, 1985; No 24, 2001; No 5, 2011; No 61, 2016
Part VIII
s 107..........................................	am No 209, 1976; No 7, 1985; No 5, 2011
s 108..........................................	am No 209, 1976; No 7, 1985; No 137, 2000; No 5, 2011; No 61, 2016
s 109..........................................	am No 209, 1976; No 7, 1985
s 110..........................................	am No 209, 1976; No 7, 1985
rep No 77, 2002
Part IX
s 111..........................................	am No 209, 1976; No 7, 1985; No 5, 2011
s 111A.......................................	ad No 209, 1976
s 112..........................................	am No 209, 1976; No 7, 1985; No 5, 2011; No 25, 2014; No 41, 2024
s 113..........................................	am No 209, 1976; No 7, 1985; No 5, 2011; No 41, 2024
s 114..........................................	am No 7, 1985
s 115..........................................	am No 209, 1976; No 7, 1985; No 38, 1988; No 77, 2002; No 5, 2011; No 25, 2014; No 129, 2017; No 130, 2018
s 116..........................................	am No 209, 1976; No 7, 1985; No 77, 2002; No 5, 2011; No 129, 2017; No 130, 2018
s 117..........................................	am No 209, 1976; No 7, 1985; No 38, 1988; No 77, 2002; No 5, 2011; No 129, 2017
ed C26
s 118..........................................	am No 5, 2011
s 119..........................................	am No 209, 1976
rep No 7, 1985
ad No 25, 2014
am No 129, 2017
s 120..........................................	am No 93, 1966; No 209, 1976; No 38, 1988; No 77, 2002; No 5, 2011; No 25, 2014; No 61, 2016
The Schedule..............................	am No 35, 1973; No 38, 1988; No 129, 2017
rep No 130, 2018
Schedule 1
Schedule 1..................................	ad No 130, 2018
c 1.............................................	ad No 130, 2018