Marriage (Overseas) Regulations (Amendment) (Cth)

 

STATUTORY RULES.

————

1958. No. 60.

REGULATIONS UNDER THE MARRIAGE (OVERSEAS) ACT 1955.*

WHEREAS by section thirty-four of the Marriage (Overseas) Act 1955 it is enacted that the Governor-General may make regulations, not inconsistent with that Act, prescribing all matters which by that Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to that Act, and, in particular, among other things, making provision for the recognition in Australia of marriages solemnized 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 that Act:

And whereas the Imperial Acts known as the Foreign Marriage Acts, 1892 to 1947, (in so far as those Acts are not part of the law of the Commonwealth), the Marriage Act 1955 of New Zealand and the Special Marriage Act, 1954 of India make provisions which appear to me to be similar to provisions made by the Marriage (Overseas) Act 1955:

Now therefore I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Marriage (Overseas) Act 1955.

Dated this eighteenth day of September, 1958.

W. J. Slim

Governor-General.

By His Excellency’s Command,

(Sgd.) NEIL O’SULLIVAN

Attorney-General.

————

Amendments of the Marriage (Overseas) Regulations.

After Regulation 17 of the Marriage (Overseas) Regulations the following regulations are inserted:—

Recognition of marriage valid by United Kingdom law.

“18. Where—

(a) a marriage is or has been solemnized under the provisions of the Foreign Marriage Acts, 1892 to 1947 of the United Kingdom; and

(b) the marriage is not a marriage which is recognized in Australia as a valid marriage by reason of the fact that the Foreign Marriage Acts, 1892 and 1934 are part of the law of the Commonwealth,

 

* Notified in the Commonwealth Gazette on 25th September, 1958.

  Statutory Rules 1956, No. 116, as amended by Statutory Rules 1958, No. 59.

6631/57.Price 3d. 9/6.3.1958.

 

the marriage shall, if it is recognized in the United Kingdom as a valid marriage, be recognized in Australia as a valid marriage.

Recognition of marriage valid by New Zealand law.

“19. Where a marriage is or has been solemnized under those provisions of the Marriage Act 1955 of New Zealand which relate to marriages solemnized out of New Zealand, the marriage shall, if it is recognized in New Zealand as a valid marriage, be recognized in Australia as a valid marriage.

Recognition of marriage valid by Indian law.

“20. Where a marriage is or has been solemnized under those provisions of the Special Marriage Act, 1954 of India which relate to marriages solemnized out of the territories to which that Act extends, the marriage shall, if it is recognized in India as a valid marriage, be recognized in Australia as a valid marriage.”.

—————————

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.