Marriage (Overseas) Regulations (Cth)

STATUTORY RULES.

1956. No. 116.

REGULATIONS UNDER THE MARRIAGE (OVERSEAS) ACT 1955.*

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  21st

day of  December, 1956.

W. J. Slim

Governor-General.

By His Excellency’s Command,

(Sgd.) NEIL O’SULLIVAN

Attorney-General.

MARRIAGE (OVERSEAS) REGULATIONS.

Citation.

1. These Regulations may be cited as the Marriage (Overseas) Regulations.

Interpretation.

2.—(1.) In these Regulations, unless the contrary intention appears, “the Act” means the Marriage (Overseas) Act 1955.

(2.) In these Regulations, a reference to a Schedule by number is a reference to the Schedule to these Regulations so numbered, and a reference to a form by letter is a reference to the form so lettered in the First Schedule to these Regulations.

(3.) Strict compliance with the Forms contained in the First Schedule is not necessary and substantial compliance is sufficient.

Correction of errors in the Register by the Registrar.

3.—(1.) Where the Registrar is satisfied that the Register contains an error in, an omission from or a mis-statement in, the particulars of a marriage registered in the Register, he may correct the Register by causing the true particulars of the marriage or the particulars of the marriage omitted from the Register, as the case may be, to be entered in the margin of the Register opposite to the entry of the marriage.

(2.) Where the Registrar, under the last preceding sub-regulation, causes particulars to be entered in the margin of the Register, he shall sign his name immediately under the particulars and write in the margin the date on which those particulars were so entered.

* Notified in the Commonwealth Gazette on , 1956.

1899/56.—Price 8d. 9/10.12.1956.

(3.) The Registrar may, before he corrects an error in, an omission from or a mis-statement in, the particulars of a marriage registered in the Register, require the true particulars of the marriage, or the particulars of the marriage omitted from the Register, as the case may be, to be verified by a declaration, in accordance with Form A, by the parties to the marriage or by a person who satisfies the Registrar that he has personal knowledge of the particulars so verified.

Making false declaration.

4. A person shall not make a declaration for the purposes of sub-regulation (3.) of the last preceding regulation if, to the knowledge of the person, the declaration contains a false statement or a defect or error.

Penalty: One hundred pounds.

Certified copy of corrected entry in the Register.

5.—(1.) Subject to the next succeeding sub-regulation, where a copy of, or extract from, an entry in the Register that has been corrected under regulation 3 of these Regulations is issued by the Registrar, the copy or extract shall contain the particulars that would be contained in the entry if the particulars that are in fact contained in the entry were corrected so as to accord with the particulars entered in the margin of the Register.

(2.) A copy of, or extract from, an entry in the Register issued to a person by the Registrar shall contain the particulars contained in the entry and the particulars entered, in relation to that entry, in the margin of the Register if the Registrar is of opinion that the person requiring the copy or extract has proper reasons for requiring the copy or extract containing those particulars.

Fees.

6. The fees specified in column 3 of the Second Schedule are the fees prescribed in respect of the respective matters in column 2 of that Schedule opposite to which they are so specified.

Notice of intended marriage.

7.—(1.) A notice of intended marriage under sub-section (1.) of section 10 of the Act shall be in accordance with Form B.

(2.) Where a notice of intended marriage is given to a marriage officer, the marriage officer shall—

(a)endorse upon the notice the date on which, and the time at which, the notice was given to him; and

(b)if a copy of the notice is posted up in his office in accordance with sub-section (3.) of section 10 of the Act, endorse upon the notice the date on which, and the time at which, the copy was so posted up.

(3.) When a marriage in relation to which a notice under sub-section (1.) of section 10 of the Act has been given to a marriage officer is solemnized, the marriage officer shall endorse upon the notice the date on which, and the time at which, the marriage was solemnized.

(4.) Where a notice of intended marriage becomes void, the marriage officer to whom the notice was given shall endorse upon the notice the grounds on which the notice became void.

Disposal of notices of intended marriage.

8. For the purposes of paragraph (a) of sub-section (3.) of section 10 of the Act the prescribed period is six months and, upon the expiration of that period, a notice shall be retained with the records of the

office of the marriage officer to whom it was given until it is destroyed or otherwise disposed of in such manner as is directed by the Secretary to the Department of External Affairs.

Caveat.

9. A caveat shall be in accordance with Form C.

Withdrawal of caveat.

10. Withdrawal of a caveat may be made by giving to the marriage officer with whom the caveat was entered notice of the withdrawal in accordance with Form D.

Consent to marriage of minors.

11.—(1.) This regulation applies in relation to a party to an intended marriage under the Act who, not having previously been married, has not attained the age of twenty-one years.

(2.) Where a party in relation to whom this regulation applies is an Australian citizen born in lawful wedlock, the person or persons specified in column three of Part I. of the Third Schedule is or are, in the respective circumstances in column two of that Part in relation to which they are so specified, the prescribed person or persons for the purposes of paragraph (a)of sub-section (1.) of section 17 of the Act.

(3.) Where a party in relation to whom this regulation applies is an Australian citizen not born in lawful wedlock, the person or persons specified in column three of Part II. of the Third Schedule is or are, in the respective circumstances in column two of that Part in relation to which they are so specified, the prescribed person or persons for the purposes of paragraph (a) of sub-section (1.) of section 17 of the Act.

(4.) Where a party in relation to whom this regulation applies is not an Australian citizen, the person or persons whose consent to the marriage of that party would be required if the party was married in accordance with the law of the country in which the marriage is intended to be solemnized is or are the prescribed person or persons for the purposes of paragraph (a) of sub-section (1.) of section 17 of the Act.

(5.) The consent of the prescribed person or persons to the marriage, under the Act, of a person who has not attained the age of twenty-one years shall be in accordance with Form E.

(6.) Where—

(a)the parents of a person born out of lawful wedlock marry one another and the person, having been registered under the law of a State or Territory of the Commonwealth relating to the legitimation of persons born out of lawful wedlock, is, in that State or Territory, by virtue of having been so registered deemed to have been legitimated; or

(b)the parents of a person born out of lawful wedlock marry one another and the person, having not been so registered, is, under the law of the place where the father of the person was domiciled at the time of the marriage, deemed to have been legitimated by the marriage,

the person shall, for the purposes of sub-regulations (2.) and (3.) of this regulation, be deemed to have been born in lawful wedlock.

(7.) A person who has, whether before or after the commencement of these Regulations, been adopted under the law of a State or Territory of the Commonwealth shall, for the purposes of sub-regulations (2.) and (3.) of this regulation, be deemed to have been born in lawful wedlock to the person who is his adoptive parent, or the persons who are his adoptive parents, under that law.

Form of oath or affirmation before marriage.

12. For the purposes of sub-section (1.) of section 19 of the Act, the oath or affirmation to be made and subscribed by each of the parties intending marriage shall be in accordance with Form F.

Form of Certificate of marriage under section 22.

13. A certificate under sub-section (1.) of section 22 of the Act shall be in accordance with Form G.

Disposal of copy of certificate of marriage.

14. For the purposes of paragraph (c) of sub-section (3.) of section 22 of the Act the prescribed period is three months and, upon the expiration of that period—

(a) a marriage officer shall retain the copy with the records of his office until the copy is destroyed or otherwise disposed of in such manner as is directed by the Secretary to the Department of External Affairs;

(b) a chaplain who is a member of the Naval Forces shall forward the copy to the Head-quarters in Australia of the Naval Forces of the Commonwealth;

(c) a chaplain who is a member of the Military Forces shall forward the copy to the Head-quarters in Australia of the Military Forces of the Commonwealth; and

(d)a chaplain who is a member of the Air Force shall forward the copy to the Head-quarters in Australia of the Royal Australian Air Force.

Form of annual return of marriages solemnized.

15. Particulars of a marriage or of marriages solemnized by a marriage officer or chaplain shall, under sub-section (5.) of section 22 of the Act, be forwarded to the Registrar in accordance with Form H.

Form of certificate of marriage under section 25.

16. A certificate under sub-section (1.) of section 25 of the Act shall be in accordance with Form J.

THE SCHEDULES.

First Schedule.

Form A.  Section 8 (4.).

Regulation 3.

Commonwealth of Australia.

Marriage (Overseas) Act 1955.

MARRIAGE (OVERSEAS) REGULATIONS.

DECLARATION AS TO ERROR IN, OMISSION FROM OR MIS-STATEMENT IN, THE REGISTER.

I [full name of declarant]of [place of residence and occupation of declarant] hereby declare—

1. [Here set out that the declarant is a party to the marriage referred to in paragraph 2 of the declaration or such other facts as indicate that the declarant has personal knowledge of the facts set out in the declaration.]

First Schedule—continued.

2. The entry in the Register of Overseas Marriages in respect of the marriage solemnized at on the day of , 19 , between [full name of bridegroom]

and [full name of bride]contains an	error.*
	omission.*
	mis-statement.*

3. [Here set out the particulars of the marriage that are incorrect in the Register and the true particulars, or the particulars of the marriage that have been omitted from the Register, as the case may be.]

(Signature of declarant.)

Declared at this day of , 19 , before me

(Signature of person before whom declaration is signed.)

(Address and occupation of person before whom declaration is signed.)

* Strike out whichever is inapplicable.

Form B. Section 10.

Regulation 7.

Commonwealth of Australia.

Marriage (Overseas) Act 1955.

MARRIAGE (OVERSEAS) REGULATIONS.

NOTICE OF INTENDED MARRIAGE.

To the Marriage Officer at

Notice is hereby given that I, [full name of party giving the notice]particulars of whom are specified hereunder, intend to marry [full name of other party to the intended marriage], particulars of whom are specified hereunder.

Particulars of Parties to the intended Marriage.

Particulars.	Intended bridegroom.	Intended bride.
Full name .............................................................
Occupation ..........................................................
Place of residence ................................................
Conjugal status*...................................................
Place of birth .......................................................
Age ....................................................................
Nationality ...........................................................

Dated this day of , 19 .

(Signature of person giving notice.)

* Insert “bachelor”, “widower”, “spinster”, “widow”, “divorced petitioner” or “divorced respondent”, as the case may be.

 Insert “over 21” or “under 21”, as the case may be.

First Schedule—continued.

Form C. Section 11.

Regulation 9.

Commonwealth of Australia.

Marriage (Overseas) Act 1955.

MARRIAGE (OVERSEAS) REGULATIONS.

CAVEAT.

To the Marriage Officer at

Take notice that I, [full name of person entering the caveat] of [place of residence and occupation of person entering the caveat] enter this caveat against the solemnization of the marriage between [full name and place of residence of each party to the intended marriage] on the ground that [here insert the grounds on which the person objects to the solemnization of the intended marriage].

Dated the day of , 19 .

(Signature of person entering the caveat or his agent.)

Form D. Section 11.

Regulation 10.

Commonwealth of Australia.

Marriage (Overseas) Act 1955.

MARRIAGE (OVERSEAS) REGULATIONS.

WITHDRAWAL OF CAVEAT.

To the Marriage Officer at

I [full name of caveator] of [place of residence and occupation of caveator]hereby withdraw the caveat entered by me against the solemnization of the marriage between [here insert the full name and place of residence of each of the parties to the intended marriage].

Dated the day of , 19 .

(Signature of Caveator.)

First Schedule—continued.

Form E. Section 17.

Regulation 11.

Commonwealth of Australia.

Marriage (Overseas) Act 1955.

MARRIAGE (OVERSEAS) REGULATIONS.

CONSENT TO THE MARRIAGE OF A MINOR.

I [full name of person giving consent] of [place of residence and occupation of person giving consent] being the [here insert the relationship of the person to the minor] of [full name of minor]who is under the age of twenty-one years hereby consent to the marriage of [full name and place of residence of the minor]with [full name and place of residence of the other party to the intended marriage].

(Signature of person giving consent.)

Signed at this day of , 19 , before me

(Signature of person before whom consent is signed.)

(Address and occupation of person before whom consent is signed.)

FORM F. Section 19.

Regulation 12.

Commonwealth of Australia.

Marriage (Overseas) Act 1955.

MARRIAGE (OVERSEAS) REGULATIONS.

OATH OR AFFIRMATION.

I [full name, place of residence, occupation and conjugal status of the party to the intended marriage making the oath or affirmation],

being duly sworn, make oath and say*	that I believe there is no impediment
do solemnly and sincerely affirm*

 by reason of consanguinity or affinity or other lawful hindrance to my marriage with [full name, place of residence and occupation of the other party to the intended marriage]and that I have attained the age of twenty-one years orthat I have not attained the age of twenty-one years and—

*consent to the marriage has been given by the prescribed person or persons under the provisions of the Marriage (Overseas) Act 1955 or

*it is impracticable to ascertain the views of the prescribed person or persons under the Marriage (Overseas) Act 1955).

(Signature.)

Declared and	sworn*	by the abovenamed
	affirmed*

at this day of , 19 .

Marriage Officer.*

Chaplain.*

* Strike out whichever is inapplicable.

Form G. First Schedule—continued. Section 22.

Commonwealth of Australia. Regulation 13.

Marriage (Overseas) Act 1955.

MARRIAGE (OVERSEAS) REGULATIONS.

CERTIFICATE OF MARRIAGE.

19 . Married at

Date on which married.	Full name.	Occupation.	Usual place of residence.	Former conjugal status.	Place of birth.	Age last birthday.	Parents—
							Father’s full name and mother’s full maiden name.	Father’s occupation.
*

We and declare that the particulars stated on this Certificate in relation to each of us are respectively true and that the marriage was solemnized between us on the date and at the place so stated in the presence of the witnesses whose signatures are written hereunder.

Signatures of witnesses Signatures of parties

I,	of	, being a	marriage officer‡	for the purpose,
			chaplain‡

of the Marriage (Overseas) Act 1955 hereby certify that I have this day duly solemnized, in accordance with the provisions of that Act, marriage between and after the

prescribed notice	has been given‡	and after oaths or affirmations have been duly made
	has been dispensed with‡

as required by that Act (and with the consent of§ ).

Dated the day of , 19.

Marriage Officer.‡

Chaplain. ‡

* On this line enter particulars of the bridgegroom.

 On this line enter particulars of the bride.

‡ Strike out whichever is inapplicable.

§ Insert full name of a person giving consent to the marriage of a party to the marriage, being a minor, and the capacity in which the consent was given or strike out if inapplicable.

First Schedule—continued.

Form H. Section 22.

Regulation 15.

Commonwealth of Australia.

Marriage (Overseas) Act 1955.

MARRIAGE (OVERSEAS) REGULATIONS.

RETURN UNDER SECTION 22.

Particulars of every marriage solemnized by, or solemnized before , of under the provisions of the Marriage (Overseas) Act 1955 during the year ended on the 31st day of December, 19 , are set out in the following Schedule.

Dated this day of , 19 .

Marriage Officer.*

Chaplain.*

The Schedule.

Number. Date of marriage. Place of marriage. Full name of bridegroom. Full name of bride.

Marriage Officer.*

Chaplain.*

* Strike out whichever is inapplicable.

Form J. First Schedule—continued. Section 25.

Commonwealth of Australia. Regulation 16.

Marriage (Overseas) Act 1955.

MARRIAGE (OVERSEAS) REGULATIONS.

CERTIFICATE OF MARRIAGE.

19 .

Date on which married.

Full name.

Occupation.

Usual place of residence.

Former conjugal status.

Place of birth.

Age last birthday.

Parents—

Father’s full name and mother’s full maiden name.

Father’s occupation.

*

I,

of

, being a

marriage officer‡

for the purposes of

chaplain‡

the Marriage (Overseas) Act 1955, hereby certify:—

(a) On the day of , 19 , I attended the marriage at between the parties, particulars of whom are stated in this Certificate, of

whom	is	an Australian Citizen.‡
		a member of the Defence Force.‡

(b) I am satisfied that the marriage was duly solemnized in accordance with the law of

(c)	has informed me in writing that	he‡	desires the marriage to be registered
		she‡

under section 25 of the Marriage (Overseas) Act 1955.

Dated the day of , 19

Marriage Officer.‡

Chaplain.‡

* On this line enter particulars of the bridegroom.

  On this line enter particulars of the bride.

‡ Strike out whichever is inapplicable.

Second Schedule.

FEES Regulation 6.

Column 1.	Column 2.	Column 3.
Item No.	Matter.	Fee.
£	s.	d.
1	For causing a search to be made for an entry in the Register ........................	0	5	0
2	For a copy of an entry in the Register, including the search for the entry ......	0	10	0
3	For an extract of an entry in the Register including the search for the entry ...	0	7	6
4	On entering a caveat .................................................................................	2	0	0
5	For a marriage solemnized under Part II......................................................	2	10	0
6	For a certificate under section 25 ...............................................................	2	10	0
7	For a certificate under section 26................................................................	1	0	0
8	For a copy of a document under section 26..................................................	0	15	0

Third Schedule.

Regulation 11.

PRESCRIBED PERSONS FOR THE PURPOSE OF CONSENTING TO THE MARRIAGE UNDER THE ACT OF A MINOR WHO IS AN AUSTRALIAN CITIZEN.

Part I.

Where the Minor was born in lawful Wedlock.

Column 1.	Column 2.	Column 3.
Item.	Circumstances in relation to the minor.	Prescribed person or persons.
1	Where both parents of the minor are alive and—
(a) are living together.................................................................................................

Both parents
(b) are divorced or separated by order of a court or by agreement if—
(i) the minor lives permanently with one parent	The parent with whom the minor lives
(ii) the minor lives with one parent for part of a year and with the other parent for the remainder of the year	Both parents
(c) one parent has been deserted by the other parent	The parent who has been so deserted
(d)both parents have been deprived of the custody of the minor by the order of a court	The person who has the custody of the minor under the order of the court
2	Where only one parent of the minor is alive and—
(a) a guardian of the minor has not been appointed by a court or by the deceased parent	The parent who is alive
(b)a guardian of the minor has been appointed by a court or by the parent who is deceased	The parent who is alive and the guardian, if acting jointly, or the guardian alone, if he is the sole guardian
3	Where both parents of the minor are dead and—
(a) a guardian of the minor has been appointed by the parents jointly, by either of the parents or by a court	The guardian so appointed
(b) the parents have each appointed a guardian of the minor	The guardians so appointed
(c) a parent and a court have each appointed a guardian of the minor	The guardians so appointed

Third Schedule—continued.

Part II.

Where the Minor was not born in lawful Wedlock.

Column 1.	Column 2.	Column 3.
Item.	Circumstances in relation to the minor.	Prescribed person or persons.
1	Where the mother of the minor is alive and has not been deprived of the custody of the minor by the order of a court	The mother
2	Where the mother of the minor is alive but has been deprived of the custody of the minor by the order of a court	The person who has the custody of the minor under the order of the court
3	Where the mother of the minor is dead and a guardian of the minor has been appointed by the mother or a court	The guardian so appointed

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