Marriage Amendment Act 1985 (Cth)
Section
1. Short title, &c.
2. Commencement
3. Interpretation
4. Extension of Act to Territories, &c.
5. Amendment of heading to Part 1a
6. Grants to approved organizations
7. Approval of voluntary organizations
8. Approved marriage counselling organizations under Family Law Act
9. Reports and financial statements of approved organizations
10. Heading
11. Division to be subject to application of private international law
12. Grounds on which marriages are void
13. Insertion of new Division—
23a. Application of Division
23b. Grounds on which marriages are void
14. Review of refusal to register or removal from register
15. Authorization of other celebrants
16. Notice to be given and declaration made
17. Repeal of section 55 and substitution of new section—
55. Solemnization of marriages in Australia by foreign diplomatic or consular officer
18. Recognition of marriages
19. Notice of marriage
20. Notice to become void after 6 months
TABLE OF PROVISIONS—
Section
21. Caveats
22. Restriction on solemnization of marriages under this Part
23. Insertion of new Part—
PART Va—RECOGNITION OF FOREIGN MARRIAGES
88a. Object of Part
88b. Interpretation
88C. Application of Part
88d. Validity of marriages
88e. Validity of certain marriages not affected by this Part
88f. Incidental determination of recognition of certain foreign marriages
88g. Evidence
24. Legitimation by virtue of marriage of parents
25. Repeal of section 90 and substitution of new section—
90. Legitimacy of children of certain foreign marriages
26. Operation of certain State and Territory laws
27. Solemnizing marriage where notice or declaration not given or made, &c.
28. Formal amendments
SCHEDULE
FORMAL AMENDMENTS
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) by omitting “exercise that power or” from paragraph (a) of the definition of “Judge” in sub-section (1) and substituting “perform that”; and
(b) by inserting after the definition of “marriage officer” in sub-section (1) the following definition:
“‘medical procedure’ means artificial insemination or the implantation of an embryo in the body of a woman;”.
“(4) Section 73, Part Va and section 111 extend to all the external Territories.”.
(a) by omitting from sub-section (1) “takes place after the commencement of this Act” and substituting “took place on or after 20 June 1977 and before the commencement of section 13 of the
Marriage Amendment Act 1985”; (b) by omitting from paragraph (1) (a) “is” and substituting “was”;
(c) by omitting from paragraph (1) (d) “is” (wherever occurring) and substituting “was”; and
(d) by omitting from paragraph (1) (e) “is” and substituting “was”.
“23a.
(1) Notwithstanding sub-section 42 (2) of the
(a) all marriages solemnized in Australia; and
(b) all marriages under Part V.
“(2) This Division does not apply in relation to marriages to which Division 3 of Part IV applies.
“23b.
(1) A marriage to which this Division applies that takes place after the
commencement of section 13 of the
(a) either of the parties is, at the time of the marriage, lawfully married to some other person;
(b) the parties are within a prohibited relationship;
(c) by reason of section 48 the marriage is not a valid marriage;
(d) the consent of either of the parties is not a real consent because—
(i) it was obtained by duress or fraud;
(ii) that party is mistaken as to the identity of the other party or as to the nature of the ceremony performed; or
(iii) that party is mentally incapable of understanding the nature and effect of the marriage ceremony; or
(e) either of the parties is not of marriageable age,
and not otherwise.
“(2) Marriages of parties within a prohibited relationship are marriages—
(a) between a person and an ancestor or descendant of the person; or
(b) between a brother and a sister (whether of the whole blood or the half-blood).
“(3) Any relationship specified in sub-section (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 sub-section (3) makes it lawful for a person to marry a person whom the first-mentioned person could not lawfully have married if that sub-section had not been enacted.
“(5) For the purposes of this section—
(a) a person who has at any time been adopted by another person shall be deemed to remain the adopted child of that other person notwithstanding that any order by which the adoption was effected has been annulled, cancelled or discharged or that the adoption has for any other reason ceased to be effective; and
(b) a person who has been adopted on more than one occasion shall be deemed to be the adopted child of each person by whom the first-mentioned person has been adopted.
“(6) For the purposes of this section—
‘adopted’, in relation to a child, means adopted under the law of any place (whether in or out of Australia) relating to the adoption of children;
‘ancestor’, in relation to a person, means any person from whom the first-mentioned person is descended including a parent of the first-mentioned person.”.
(a) by omitting from sub-section (2) “suitable” and substituting “fit and proper”; and
(b) by adding at the end the following sub-section:
“(4) A person, not being a minister of religion, who is authorized under sub-section (2) to solemnize marriages is not entitled to demand the payment, for the solemnization of a marriage by that person, of a fee that exceeds the fee prescribed by regulations made under section 120 that is applicable to the solemnization of that marriage by that person.”.
(a) by omitting from paragraph (1) (a) “3 months” and substituting “6 months”;
(b) by inserting in paragraph (2) (b) “an Australian Diplomatic Officer, an Australian Consular Officer,” after
“Statutory Declarations Act 1959,”; and(c) by omitting from sub-section (5a) “pre-marital” and substituting “marriage”.
“55. Nothing in this Act prevents the solemnization in Australia of a marriage to which this Division applies by or in the presence of a diplomatic or consular officer of a proclaimed overseas country if—
(a) neither of the parties is an Australian citizen; and
(b) the marriage, were it a marriage to and in relation to which Division 2 of this Part applied, would not be void by reason of a circumstance set out in paragraph 23b (1) (a), (b) or (e).”.
(a) by omitting “A marriage” and substituting “Subject to sub-section (2), a marriage”; and
(b) by adding at the end the following sub-section:
“(2) Sub-section (1) does not apply in relation to a marriage where, if the marriage were a marriage to and in relation to which Division 2 of this Part applied, the marriage would be void by reason of a circumstance set out in paragraph 23b (1) (d).”.
“88a. The object of this Part is to give effect to Chapter II of the Convention on Celebration and Recognition of the Validity of Marriages signed at The Hague on 14 March 1978.
“88b. (1) In this Part, unless the contrary intention appears—
‘Australia’ includes the external Territories;
‘local law’, in relation to a marriage solemnized in a foreign country, means the law in force in the foreign country or in that part of the foreign country in which the marriage was solemnized.
“(2) A marriage shall be taken, for the purposes of this Part, to have been solemnized in a foreign country by or in the presence of a diplomatic or consular officer of another foreign country if the marriage was solemnized in the first-mentioned foreign country by or in the presence of a person who was recognized by the government of that country as a diplomatic or consular representative of the other foreign country.
“(3) In this Part, a reference to a marriage includes a reference to a purported marriage that is void or voidable but does not include a reference to a marriage solemnized under Part V.
“88c. (1) This Part applies to and in relation to every marriage solemnized, whether before or after the commencement of this Part, in a foreign country where—
(a) under the local law, the marriage was, at the time when it was solemnized, recognized as valid; or
(b) if the marriage was solemnized by or in the presence of a diplomatic or consular officer of another foreign country—
(i) under the law of that other foreign country, the marriage was, at the time when it was solemnized, recognized as valid; and
(ii) at the time when it was solemnized, the solemnization of the marriage was not prohibited by the local law.
“(2) Where a marriage (not being a marriage referred to in sub-section (1)) that was solemnized, whether before or after the commencement of this Part, in a foreign country—
(a) is, at any time in relation to which the validity of the marriage falls to be determined, recognized as valid under the local law; or
(b) if the marriage was solemnized by or in the presence of a diplomatic or consular officer of another foreign country and, at the time when it was solemnized, the solemnization of the marriage was not prohibited by the local law—is, at any time in relation to which the validity of the marriage falls to be determined, recognized as valid under the law of that other foreign country,
this Part applies to and in relation to the marriage from and including that time.
“88d. (1) Subject to this section, a marriage to which this Part applies shall be recognized in Australia as valid.
“(2) A marriage to which this Part applies shall not be recognized as valid in accordance with sub-section (1) if—
(a) either of the parties was, at the time of the marriage, a party to a marriage with some other person and the last-mentioned marriage was, at that time, recognized in Australia as valid;
(b) where one of the parties was, at the time of the marriage, domiciled in Australia—either of the parties was not of marriageable age within the meaning of Part II;
(c) the parties are within a prohibited relationship within the meaning of section 23b; or
(d) the consent of either of the parties was not a real consent for a reason set out in sub-paragraph 23b (1) (d) (i), (ii) or (iii).
“(3) Where neither of the parties to a marriage to which this Part applies was, at the time of the marriage, domiciled in Australia, the marriage shall not be recognized as valid in accordance with sub-section (1) at any time while the female party is under the age of 14 years or the male party is under the age of 16 years.
“(4) A marriage solemnized in a foreign country, being a marriage to which this Part applies, shall not be recognized as valid in accordance with sub-section (1) at any time while the marriage is voidable—
(a) except in a case to which paragraph (b) applies—under the local law; or
(b) if the marriage was solemnized in a foreign country by or in the presence of a diplomatic or consular officer of another foreign country—under the law of that other foreign country.
“(5) Notwithstanding any other provision of this Part, where—
(a) a marriage (in this sub-section referred to as the ‘initial marriage’) has, whether before or after the commencement of this Part, been solemnized in a foreign country;
(b) at the time of the solemnization of the initial marriage, that marriage was not recognized in Australia as valid;
(c) after the solemnization of the initial marriage, and whether before or after the commencement of this Part, either party to that marriage entered into another marriage (in this sub-section referred to as the ‘subsequent marriage’); and
(d) at the time when the subsequent marriage was solemnized—
(i) the subsequent marriage was recognized in Australia as valid; and
(ii) the initial marriage was not recognized in Australia as valid,
the initial marriage shall not be recognized at any time in Australia as valid.
“88e. (1) Subject to sub-section (2), a marriage solemnized in a foreign country that would be recognized as valid under the common law rules of private international law but is not required by the provisions of this Part apart from this sub-section to be recognized as valid shall be recognized in Australia as valid, and the operation of this sub-section shall not be limited by any implication arising from any other provision of this Part.
“(2) Notwithstanding sub-section (1), a marriage of a person domiciled in Australia, being a marriage solemnized in a foreign country, shall not be recognized in Australia as valid if, at the time of the marriage, either party to the marriage was not of marriageable age within the meaning of Part II.
“(3) Where a marriage solemnized in a foreign country is not required by virtue of this Part to be recognized in Australia as valid, this Part shall not be taken to limit or exclude the operation of a provision of any other law of the Commonwealth, or of a law of a State or Territory, that provides, expressly or impliedly, for such a marriage to be recognized as a valid marriage for the purposes of the law in which the provision is included.
“(4) This Part shall not be taken to limit or exclude the operation of a provision of any other law of the Commonwealth, or of a law of a State or Territory, that deems a union in the nature of a marriage to be a marriage for the purposes of the law in which the provision is included.
“88f. Notwithstanding any other law, the question whether a marriage solemnized in a foreign country is to be recognized in Australia as valid shall be
determined in accordance with the provisions of this Part, whether or not the determination of the question is incidental to the determination of another question.
“88g. (1) A document purporting to be either the original or a certified copy of a certificate, entry or record of a marriage alleged to have been solemnized in, or under the law of, a foreign country and purporting to have been issued by—
(a) in the case of a marriage alleged to have been solemnized in a foreign country—an authority of that country or of that part of the country in which the marriage was allegedly solemnized; or
(b) in the case of a marriage alleged to have been solemnized under the law of a foreign country—an authority of that country,
is,
for all purposes,
“(2) Sub-section (1) does not apply to or in relation to a document if it is proved that the authority of the foreign country or of the part of a foreign country by which the document purports to have been issued was not, at the time of issue, a competent authority.
“(3) In sub-section (2), ‘competent authority’ means—
(a) in relation to a foreign country—
(i) any authority that is prescribed in relation to that country by regulations made for the purposes of this paragraph; or
(ii) any other authority that is competent, under the law in force in that country, to issue the original or a certified copy of a certificate, entry or record of a marriage solemnized in, or under the law of, that country; and
(b) in relation to a part of a foreign country—
(i) any authority that is prescribed in relation to that part of that country by regulations made for the purposes of this paragraph; or
(ii) any other authority that is competent, under the law in force in that part of that country, to issue the original or a certified copy of a certificate, entry or record of a marriage solemnized in that part of that country.”.
“(3) Sub-section (1) does not apply in relation to a child unless—
(a) at the time of the marriage of the child’s parents—
(i) where that marriage took place before the commencement of section 24 of the
Marriage Amendment Act 1985— the child’s father was domiciled in Australia; or(ii) in any other case—one of the child’s parents was domiciled in Australia; or
(b) the marriage of the child’s parents took place in Australia, or outside Australia under Part V of this Act or under the
Marriage (Overseas) Act 1955.”.
“90. (1) Where—
(a) the parents of a child born illegitimate have married each other or the parents of a child born in a place the law of which did not recognize the status of illegitimacy have married each other;
(b) the marriage took place outside Australia;
(c) neither parent of the child was domiciled in Australia at the time of the marriage; and
(d) the law of the place where a parent of the child was then domiciled did not recognize the status of illegitimacy or, if the law of the place where a parent of the child was then domiciled did recognize that status, the child was, by that law, legitimated by virtue of the marriage,
the
child is for all purposes the legitimate child of his or her parents as from
the time of the marriage or the commencement of section 25 of the
“(2) Where the relationship of a child and his or her father and mother is, for the purposes of the law of a place, required by a law in force in that place to be determined irrespective of whether or not the father and mother are or have been married to each other, the law of that place shall, for the purposes of this section, be taken not to recognize the status of illegitimacy.
“(3) Sub-section (1) applies in relation to a child—
(a) whether the child was born before or after the commencement of section 25 of the
Marriage Amendment Act 1985, whether the marriage of the parents of the child took place before or after that commencement and whether or not the child was still living at the time of the marriage or, in the case of a child born before that commencement, at that commencement; and(b) in the case of a child born illegitimate who, by virtue of the marriage of the child’s parents, was legitimated by the law of the place where a parent of the child was domiciled at the time of the marriage—whether or not the law of the place in which that parent or the other parent was domiciled at the time of the birth of the child permitted or recognized legitimation by subsequent marriage.”.
before that commencement, and section 90 of that Act as in force immediately before that commencement continues to operate in relation to such a legitimation.
“(3) Nothing in this Part shall be taken to affect the validity or effect of a law of a State or Territory (however expressed and whether enacted before or after the commencement of this sub-section) that operates to require a child born to a woman as a result of the carrying out of a medical procedure in relation to the woman—
(a) to be treated as the child of the woman;
(b) to be treated as the child of the woman and a particular man; or
(c) to be treated as the child of a particular man.”.
FORMAL AMENDMENTS
Provision | Amendment |
Sub-section 2 (1)................ | Omit “(1) of section 5”, substitute “5 (1)”. |
| Omit “(1) of section 39”, substitute “39 (1)”. |
| Omit “(2) of section 39”, substitute “39 (2)”. |
| Omit” (1) of section 2”, substitute “2 (1)”. |
Paragraph 5 (2) (b)............. | After “his”, insert “or her”. |
Section 7.............................. | (a) Omit “(2) of section 4”, substitute “4 (2)”. (b) Omit “(2) of section 2”, substitute “2 (2)”. |
Section 9b............................ |
|
Sub-section 9c (2).............. | Omit “he”, substitute “the Attorney-General”. |
Sub-section 9e (2).............. |
|
Section 11............................ |
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Sub-section 12 (2).............. | (a) Omit “he is”.
(c) After “his”, insert “or her”. |
Sub-section 12 (4).............. |
|
Sub-section 13 (2).............. |
|
Sub-section 13 (3).............. | After “his” (first occurring), insert “or her”. |
Paragraph 13 (3) (a)........... | Omit “he”, substitute “the person”. |
Paragraph 13 (3) (b) |
|
Sub-section 13 (4).............. | Omit “he”, substitute “the person”. |
Paragraph 13 (4) (a)........... | After “his”, insert “or her”. |
Sub-section 14 (2).............. |
“For the purposes of the Schedule, a minor is an adopted child if the minor was adopted under the law of a State or Territory or under the law of any other place.”. |
Paragraph 15 (1) (b) | After “his”, insert “or her”. |
Provision | Amendment | |
Sub-section 15 (3).............. | (a) After “his”, insert “or her”. (b) After “he”, insert “or she”. | |
Sub-section 15 (4).............. | Omit “his” (wherever occurring). | |
Paragraph 16 (1) (b) |
| |
Sub-section 16 (2).............. | Omit “he is”. | |
Paragraph 16 (2) (a)........... |
(b) Omit “his”. | |
Paragraph 16 (2) (b) |
| |
Sub-section 16 (2).............. | Omit “his” (last occurring). | |
Paragraph 16 (2a) (a) | Omit “him”, substitute “the Judge or magistrate”. | |
Sub-section 16 (3).............. | (a) Omit “he”, substitute “the magistrate”. (b) After “his”, insert “or her”. | |
Sub-section 16 (4).............. |
(b) Omit “his” (wherever occurring).
| |
Sub-section 16 (5).............. | (a) Omit “his” (wherever occurring).
| |
Sub-section 16 (6).............. |
| |
Paragraph 17 (1) (a)........... |
| |
Paragraph 17 (1) (b) | Omit “(1) of that section”, substitute “16 (1)”. | |
Sub-section 17 (2).............. |
(b) Omit “that section”, substitute “section 16”. | |
Sub-section 19 (2).............. |
| |
Section 20............................ |
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Paragraph 21 (2) (b) |
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Section 22............................ | Omit “(f) of section 120”, substitute “120 (f)”. | |
Paragraph 23 (1) (c)........... |
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Sub-section 23 (3).............. |
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Paragraph 23 (5) (b) | After “he”, insert “or she”. | |
Sub-section 25 (2).............. |
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Section 29............................ |
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Provision | Amendment |
Sub-section 30 (1).............. | Omit “him”, substitute “that Registrar”. |
Paragraph 31 (1) (c)........... | After “his”, insert “or her”. |
Sub-section 33 (1).............. |
|
Paragraph 33 (1) (a)........... | After “his”, insert “or her”. |
Paragraph 33 (1) (c)........... | Omit “he”, substitute “that person”. |
| After “him”, insert “or her”. |
Sub-section 33 (2) |
|
Paragraph 33 (2) (a)........... | Omit “he”, substitute “the Registrar”. |
Sub-paragraph 33 (2) (a) (i).................... |
|
Paragraph 33 (2) (b)........... | Omit “he”, substitute “the Registrar”. |
Paragraph 33 (3) (a)........... | (a) Omit “he”, substitute “the person”. (b) Omit “his”, substitute “the person’s”. |
|
|
Sub-section 34 (3).............. | Omit “(2) of section 27”, substitute “27 (2)”. |
Sub-section 34 (5).............. |
(b) Omit “his”, substitute “that person’s”. |
Paragraph 35 (1) (a)........... |
|
Paragraph 35 (1) (b)........... | After “he” (wherever occurring), insert “or she”. |
Sub-section 35 (1).............. |
|
Sub-section 35 (2).............. |
|
(b) Omit “he”, substitute “the Registrar”. | |
Sub-section 36 (2).............. |
(b) Omit “he”, substitute “the person”. (c) Omit “him”, insert “that Registrar”. |
Paragraph 38 (a)................. | Omit “him”, substitute “that Registrar”. |
Paragraph 38 (b)................. | Omit “him”, substitute “that Registrar”. |
Sub-section 39 (3).............. |
|
Sub-section 40 (1).............. |
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Sub-section 42 (2).............. |
|
Paragraph 42 (2) (b)........... |
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Sub-section 42 (4).............. | Omit “his”, substitute “that party’s”. |
Sub-section 42 (5).............. | (a) Omit “he is” (first occurring). (b) Omit “his”. |
Provision | Amendment |
Paragraph 42 (5) (b) |
(b) After “himself, insert “or herself. |
Paragraph 42 (8) (a)........... |
|
Paragraph 42 (8) (b) | Omit “he”, substitute “the authorized celebrant”. |
Sub-section 42 (9).............. | After “his”, insert “or her”. |
Sub-section 42 (10)............ | After “him”, insert “or her”. |
Sub-section 45 (1).............. | After “he”, insert “or she”. |
Sub-section 45 (4).............. |
|
Sub-section 46 (1).............. |
|
Sub-section 46 (2).............. |
(b) Omit “he”, substitute “the Attorney-General”. (c) Omit “him”, substitute “that person”.
|
Section 49............................ |
|
Sub-section 50 (1).............. | Omit “he”, substitute “the authorized celebrant”. |
Sub-section 50 (1a)........... |
|
Sub-section 50 (4).............. |
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Sub-paragraph 50 (4) (a) (i) | After “his”, insert “or her”. |
Sub-section 50 (5).............. | Omit “he is”. |
Sub-section 50 (6).............. |
|
Sub-section 51 (1).............. |
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Sub-section 51 (2).............. |
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Sub-section 51 (2a)........ |
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Section 56............................ |
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Sub-section 57 (4).............. |
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Sub-section 58 (2).............. |
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Sub-section 59 (1).............. | (a) Omit “he”, substitute “the person”.
|
Sub-section 59 (2).............. |
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Paragraph 61 (4) (b) | Omit “(3) of section 64”, substitute “64 (3)”. |
Provision | Amendment |
Paragraph 61 (4) (c)............ | Omit “(2) of section 85”, substitute “85 (2)”. |
Sub-section 61 (4)............... |
|
Section 62..... |
|
Sub-section 63 (2)............... | Omit “1955-1958”,
substitute “ |
Sub-section 63 (3)............... | After “he”, insert “or she”. |
Sub-section 63 (4)............... |
|
Sub-section 64 (1)............... | (a) Omit “he”, substitute “the person”. |
| |
Sub-section 64 (2)............... |
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Sub-section 64 (3)............... | (a) Omit “he”, substitute “the Registrar”.
|
Sub-section 64 (4)............... |
|
Sub-section 66 (2)............... |
|
Sub-section 66 (3)............... | Omit “his”, substitute “that party’s”. |
Sub-section 66 (4)............... | (a) Omit “he is”. (b) Omit “his”. |
Sub-section 66 (6)............... | Omit “his”, substitute “the marriage officer’s”. |
Sub-section 66 (7)............... |
|
Sub-section 66 (9)............... | Omit “he”, substitute “the marriage officer”. |
Sub-section 66 (10)............. | After “his”, insert “or her”. |
Sub-section 67 (1)............... |
|
Sub-section 67 (2)............... |
|
Sub-section 68 (2)............... |
|
Sub-section 68 (4)............... |
(c) After “his”, insert, “or her”. |
Section 73............................. |
|
Sub-section 74 (2)............... |
|
Provision | Amendment |
Sub-section 74 (3)............... | After “he”, insert “or she”. |
Section 75............................. |
|
Sub-section 76 (2)............... |
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Sub-section 78 (1)............... |
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Sub-section 78 (2)............... |
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Section 79............................. |
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Sub-section 80 (1)............... |
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Paragraph 80 (4) (a)............ |
|
Paragraph 80 (4) (b) |
(b) After “his”, insert “or her”. |
Paragraph 80 (4) (c)............ | After “his”, insert “or her”. |
Sub-section 80 (5)............... | Omit “he is”. |
Sub-section 80 (6)............... |
|
Sub-section 80 (7)............... | Omit “him”, substitute “the Registrar”. |
Paragraph 80 (9) (b) |
|
Sub-section 80 (10)............. |
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Sub-section 84 (2)............... |
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Sub-section 85 (1)............... | After “he” (wherever occurring), insert “or she”. |
Sub-section 85 (2)............... |
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Sub-section 89 (1)............... |
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Sub-section 89 (2)............... |
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Sub-section 91 (1)............... |
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Sub-section 91 (2)............... |
(b) After “his”, insert “or her”. |
Sub-section 92 (1)............... |
|
Sub-section 92 (3)............... | Omit the sub-section. |
Provision | Amendment |
Sub-section 94 (2)............... |
|
Paragraph 94 (2) (a)............ |
|
Paragraph 94 (2) (b) |
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Sub-section 94 (3)............... |
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Sub-section 95 (3)............... | After “he” (wherever occurring), insert “or she”. |
Sub-section 95 (4)............... | After “he” (first occurring), insert “or she”. |
Paragraph 95 (4) (a)............ | After “he”, insert “or she”. |
Paragraph 95 (4) (b) |
|
Sub-section 96 (2)............... |
|
Sub-section 96 (5)............... |
(b) Omit “that section”, substitute “section 16”. |
Section 97............................. | After “himself”, insert “or herself. |
Paragraph 98 (1a) (a)......... |
|
Paragraph 98 (1a) (b)......... |
|
Sub-section 98 (2)............... | (a) After “his”, insert “or her”.
|
Sub-section 99 (6)............... |
|
Section 100........................... |
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Section 101........................... | Omit “he”, substitute “the person”. |
Section 102........................... | Omit “(2) of section 39”, substitute “39 (2)”. |
Paragraph 106 (a)................ | Omit “(3) of section 112”, substitute “112 (3)”. |
Sub-section 107 (1)............. | Omit “1901-1957”,
substitute |
Sub-section 107 (3)............. |
|
Sub-section 108 (1)............. | Omit “(1) of section 104”, substitute “104 (1)”. |
Sub-section 108 (2)............. | Omit “(1) of section 104”, substitute “104 (1)”. |
Sub-section 109 (3)............. | Omit “his”. |
Provision | Amendment |
Paragraph 110 (1) (a) | Omit
“1955-1958”, substitute “ |
Sub-section 110 (2)............. | Omit
“1955-1958”, substitute “ |
Sub-section 111 (1)............. |
|
Sub-sections 111 (2) and (3) | Omit the sub-sections, substitute the following sub-sections: “(2) A person who is, or is deemed to be, as from a particular time, the legitimate child of that person’s parents by virtue of section 89, 90 or 91 is, or shall be deemed to be, for all purposes the legitimate child of that person’s parents as from that time in the external Territories. “(3) The operation of sub-section (2) in relation to a child to whom section 89 or 91 applies is subject to a like qualification to that provided by sub-section 89 (5) or 91 (4), as the case requires.”. |
Sub-section 112 (1)............. | Omit “he”, substitute “the person”. |
Sub-section 112 (2)............. |
(c) After “he” (last occurring), insert “or she”. |
Sub-section 112 (3)............. |
|
Paragraph 113 (1) (b) |
|
Sub-section 113 (3)............. |
|
Paragraph 113 (3) (b) | (a) After “his”, insert “or her”.
|
Sub-section 113 (6)............. |
|
Sub-section 113 (7)............. | After “his”, insert “or her”. |
Sub-section 114 (2)............. | (a) Omit “him”, substitute “the registrar”. |
(b) Omit “he”, substitute “the registrar”. | |
Sub-section 114 (3)............. | (a) Omit “he”, substitute “the registrar”. (b) After “his”, insert “or her”. |
Sub-section 114 (4)............. | (a) Omit “he corrects”, substitute “correcting”.
|
Sub-section 114 (5)............. |
|
Sub-section 115 (2)............. |
|
Paragraph 115 (2) (a) | After “his”, insert “or her”. |
Paragraph 115 (2) (b) | (a) After “his”, insert “or her”. (b) After “he”, insert “or she”. |
Provision | Amendment |
Sub-section 115 (3)............ |
(b) After “he”, insert “or she”. |
Sub-section 115 (4)............ |
|
Sub-section 116 (1)............ | (a) Omit “him”, substitute “the person”. (b) After “he”, insert “or she”. |
Sub-section 116 (2)............ |
|
Sub-section 117 (1)............ |
|
Section 119.......................... | Omit the section. |
1. No. 12, 1961, as amended. For previous amendments, see No. 93, 1966; Nos. 35 and 216, 1973; No. 209, 1976; and No. 2, 1982.
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Senate on 22 February 1985
House of Representatives on 20 March 1985
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