Marriage Acts and Another Act Amendment Act of 1948 (12 Geo Vi No. 11) (Qld)

SOCIETIES-STATISTICS. 12 GEO. VI. No. n, 1948. Marriage Act8, Etc., Amendment Act. deemed. to be amended and shall be construed so as to give effect to the provisions of paragraph (C) of sub-rule two of rule six of this Schedule: . Provided. that this sub-rule shall not affect the operation before the said date of the rules so deemed to be amended., or anything duly done or suffered., or any right, privilege, obligation, liability, or remedy acquired, accrued, or incurred before the said date under such rules. 293 STANDARDS FOR ROOFING TILES. See ROOFING TILES. STATISTICS. An Act to Amend "The Registration of Births 12N< : ~ 1~ I. Deaths and Marriages Acts, 1855 to 1942," : t~ : : ; ~ and "The Marriage Acts, 1864to 1947," each ! ~ i~ i~t: :~ in certain particulars. . [AsSENTED TO 1ST APRIL, 1948.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - PART I.-PRELIMINARY. PABTI.- PRELIMINARY. 1. (1.) This Act may be cited as "The Marriage Short title. Acts and Another Act Amendment Act of 1948." (2.) This Act is divided into Parts, as follows:- Parts of P ART I . - P RELIMINARY; Ad PART II.-AMENDMENTS OF "THE REGISTRATION OF BIRTHS DEATHS AND MARRIAGES ACTS, 1855 TO 1942"; PART III.-AMENDMENTS OF HTHE MARRIAGE ACTS, 1864 TO 1947."

294 STNI' {STIeS. PART II.- AMENDMENTS OF "THE JJ[an'iage Acts, Etc., Amendment Act. RMGISTRATION ~ _ _ _ _ _ _ _ _. 12 GEO. VI. No. 11, OF BIRTHS DEATHS AND MARRIAGES ACTS, 1855 1"0] 942." PART II.-AMENDMENTS OF "THE REGISTRATION OF BIRTHS DEATHS AND MARRIAGES ACTS, 1855 TO 1942." Construc- tion of PartII. Collective title. 2. This Part of this Act shall be read as one with ':H(The Registra,tion of Births Deaths and Marriages Acts, 1855 to 1942," and that Act, f( The Amended Registration Act of 1867," and this Part may collec- tively be cited as "The Registration of Births Deaths and Marriages Acts, 1855 to 1948." Amendments 3. t (( The Registration of Births Deaths and Mar- oNfo1. 934V.ic. riages Act of 1855" is amended as follows:- (i.) Section four of the said Act is repealed and the following section is inserted in lieu thereof, namely:- District " [ 4. ] (1. ) The Governor in Council may from registrars. time to time appoint such persons as he shall think fit to be district registrars and assistant district registrars for such districts respectively: Provided that in the case of the district of Bris- bane the office of district registrar for that district shall merge and be vested in the Registrar-General. (2.) Any district registrar or assistant district registrar may at any time be appointed and hold office with respect to two or more districts." (ii.) Section five Of the said Act is repealed and the following section is inserted in lieu thereof, namely:- Appoint- "[5.] In case of the death, illness, or absence of : '~ ~ ~i~ ~ tes. the Registrar-General or of any district registrar or assistant district registrar, or whenever for any other reason it may be deemed necessary so to do, the Governor in Council may appoint a fit person to act in the stead of the Registrar-General or of such district registrar or assistant district registrar, and such person shall while so acting have all the powers and duties a;:qd be subject to all the provisions and penalties of and affecting the Registrar-General or district registrar or assistant district registrar as the case may be, including power to do and ,execute all acts, matters and things directed or authorised by this ----- ----- - ~- - -. ~ -. - -- - -- .. 19 V. No. 34 and amending Acts. t 3lV. No. 7. t 19 V. No. 34.

STATISTICS. 295 11.- . ~ - - - - . - . - - - - PART 1948. Marriage A cts, Etc., A.men d ment A ct. AMENDMENTS OF "THE ---------------------------------------------- ~; ~~~ ~~ DEATHS AND or any other .Act to be done or executed prior to the r~ : : T~ ~ ~ ~ date of his appointment and not already duly done or '1'01942." executed- (i.) by the Registrar-General if his appoint- ment is to act as Registrar-General; or ' (ii.) by a district registrar if his appointment is to act as that district registrar. Moreover, a person appointed as Registrar- General or as a district registrar or as an assistant district registrar may do and execute all acts, mljttters and things directed or authorised by this or any other .Act to be done or executed prior to the date of his appointment by the holder of that office and not already done or executed. .A notification of every such appointment shall be published in the Gazette. JJ . "U: .. .;' : (iii. ) Section seven of the said .Act is repealed and the following section is inserted in lieu thereof, namely:- "[7.] The Registrar-General and every .district :ehs it 1 B registrar shall for the duties to be performed under e e u e . this or any other .Act respectively receive the several fees specified in the schedule to this .Act marked Band all fees so received shall be paid into and form part of the Consolidated Revenue Fund." (iv.) The following paragraph is added to section eight of the said .Act, namely:- ,'Every assistant district· registrar shall inform hims.elf carefully of every birth marriage and death happening within the area in which he resides and shall assist the district registrar of any district with respect to which he holds office in performing the duties and functions of a district registrar." , ,: ~ (v.) In section seventeen of the said .Act the words "or assistant district registrar" are inserted after the words "and for any district registrar." , / ; ~ , 1, (vi.) In section nineteen of the said .Act the words "or ltny de: putY: registr~ r" are repealed~ nd the :words "acting Registrar-General, deputy RegIstrar-General or any district registrar or acting district registrar" are inserted in lieu of such repealed words.

2% ST A. TISTICS. PART 1 1 . - - - ~ ~ AM O EN F D "T M H EN E TS llfarriage Acts, Etc., Amendment Act. REGIBSTIRRTAHTSION O> ~ -- - - ~ - - - - - ~ ~ ~- --- --~ -~~ -- ~ -~ - - ~ ~ ~ - - - - 12 GEO, VI. No. 11, DEATHS AND MARRIAGES ACTS, 1855 (vii.) In section twenty-one of the said Act the TO 19~ 2. " words "district registrar" are repealed and the words "Registrar-General or the district registrar or an assistant district registrar of the registry district in which such birth or death occurs" are inserted in lieu of such repealed words. (viii.) In the schedule to the said Act marked A the words " District Registrar" and "Any district registrar or assistant district registrar" are repealed. (ix.) In the schedule to the said Act marked B the brackets and words "(payable on delivery)" are repealed. Existing Appoint- ments, 4. The amendments made by this Part of this Act to *a The Registration of Births Deaths and Marriages Act of 1855" shall not affect appointments made before and subsisting at the passing of this Act of persons to be district registrars, acting district registrars, assistant district registrars, or acting assistant district registrars, and every such appointee shall, without any further or other appointment under the said Act as amended by this Act, continue to hold his respective office as aforesaid in terms of his appoint- ment thereto as made before and subsisting at the passing of this Act, every such appointment being hereby authorised, validated and ratified accordingly. PARTIII.- AMENDMENTS OFuTHE MARRIAGE ACTS, 1864 TO 1947." PART IlL-AMENDMENTS OF "THE MARRIAGE ACTS, 1864 TO 1947." Construc- tion of Part In. Collective title. 5. This Part of this Act shall be read as one with f(The Marriage Acts, 1864 to 1947," and that Act and this Part may collectively be cited as U The Marriage Acts, 1864 to 1948." Amendments 6. tU The Marriage Act of 1864" is amended as N of o 2 . 8 15V. ic. follows:- (i.) In section four of the said Act the word "registrar'8" is repealed and the words "district registrar's" are inserted in lieu of such repealed word. it 19 V. No. 34. t 28 V. No. 15 and amending Acts. t 28 V. No. 15.

1948. STATISTICS. Marriage Acts, Etc., Amendment Act. 297 (ii.) In section nine of the said Act the words "registrar for marriages" are repealed and the words "district registrar" are inserted in lieu of such repealed words. (iii.) In section eleven of the said Act the word "registrar" is repealed and the words "district registrar" are inserted in lieu of such repealed word wherever such word occurs. (iv.) In section twelve of the said Act the word "registrar" is repealed and the words " district registrar" are inserted in lieu of such repealed word. (v.) In section fourteen of the said Act the word "registrar" is repealed and the words " district registrar" are inserted in lieu of such repealed word wherever such word occurs. (vi.) In section sixteen of the said Act the word "registrar" is repealed and the words " district registrar" are inserted in lieu of such repealed word. (vii.) In section twenty of the said Act the word "registrar" is repealed and the words " district registrar" are inserted in lieu of such repealed word where such word twice occurs. (viii.) Section thirty-twQ of the said Act is repealed and the following section is inserted in lieu thereof, namely:- " [32.] The Registrar-General and each district Registrar- registrar shall respectively receive the fees for the General's perf ormance 0 f any marrI ~ age accordl' ng t 0 the sca I e arengdisdtirsatrri'cst set forth in the schedule to this Act marked G and such fees. fees and all other fees prescribed by that schedule received by the Registrar-General or any district registrar shall be paid by him into and shall form part of the Consolidated Revenue Fund." (ix.) The form of marriage set forth in the schedule to the said Act marked B is amended as follows:- (a) In the heading of the said form the word "Registrar" is repealed and the words ,'District Registrar" are inserted in lieu of such repealed word;

298 STATISTICS. PART III.- - - - - - - - - - - - - - - - - - - - - - - - AM O EN F D "T M H E m NTS Marr'iage Acts, Etc., Amendment Act. 12 GEO. VI. No. 11, MARRIAGE ACTS, 1864 TO 1947." (b) In the said form the words "registrar of marriages" are repealed and the words "district registrar" are inserted in lieu of such repealed words. ,(x.): The Table of Fees set forth in the schedule to;the said Act marked G is amended as follows:- (a) In the words reading" Every certified copy of any entry (payable on delivery)" the brackets and words" (payable on delivery) " are repealed; (b) The word "Registrar" is repealed and the words "a District Registrar" are inserted in lieu of such repealed word. oANfmo3. eS4n. Vdmiee. nts Ame 7 n . dm Se e c n t t io A n c s t th o r f e1e8a7n0d" faoruerroefp * ea " l T e h d e 'a M nd ar t r h i e ag f e ol L lo a w w - ing section is inserted in lieu of such repealed sections, namely:-' Marriages ineertain cases not to be avoided. " [3.] No marriage whether celebrated before, on, or after the date of the passing of t((The Marriage Acts and Another Act Amendment Act of 1948" or purporting so to have been or to be celebrated shall after such date of passing be anywise impeached or invalidated or avoided on the ground only- (a) Of any defect, informality, or illegality in the appointment of the Registrar-General or acting Registrar-General or deputy Registrar-General or district registrar or acting district registrar by whom such marriage was celebrated or purported to have been celebrated or in whose presence the p'arties thereto repeated and signed the form of words as provided by section nine of t" The Marriage Act of 1864"; or (b) That any person in whose presence the parties thereto repeated and signed the'form of words as. provided by section nine of t(( The Marnage A,ct of 1864" was not a Registrar-General or acting Registrar- ~ ' 34V. No. 8. t iThis Act. * 28 V. No. 15.

1948. STATISTICS. 299 . ~ ~ - - - - - - - - - - - - - - - Marriage Acts, Etc., Amendment Act. PART III.- AMENDMENTS OF "THE MARRIAGE ACTS, 1864 TO 1947." General or deputy Registrar-General or district registrar or acting district registrar, if, at the time, either of the parties thereto believed in good faith that such person was a Registrar-General acting Registrar-General deputy Registrar-General district registrar or acting district registrar, as the case may be; o r _ : (c) That such marriage was celebrated or purported to have been celebrated py a person not being the Registrar-General an acting Registrar-General a deputy Regis- trar-General a district registrar or an act- ing district registrar, if either of the parties to the marriage shall at the time bona fide have believed that he was such Registrar- General acting Registrar-General deputy Registrar-General district registrar or act- ing district registrar; or (d) That because the intended wife did not at the time of making the declaration in the' form set forth in the Schedule to *"The Marriage .Act of 1864" marked A ordinarily reside within the district for which the dis- trict registrar had been appointed, he had no authority to celebrate the marriage; And every marriage so celebrated shall be deemed to have been well celebrated and notwithstanding any error or omission in the matter of the forms or other' - irregularity attending the celebration." '" 28 V. No. 15.