Marriage Regulations (Amendment) (Cth)
MARRIAGE ACT
MARRIAGE REGULATIONS
Statutory Rules 1971 No.
6
(
a ) by omitting the words—“Division 3.—Information to Permit the Re-registration of the Births of Legitimated Children of Void Marriages (Regulations 61-63).”
and inserting in their stead the words—
“Division 3.—Information to Permit the Re-registration of the Births of Legitimated Children of Void Marriages (Regulations 61-63a).”; and
(
b ) by omitting the words—“ Part VI.—Miscellaneous (Regulations 72-75).”
and inserting in their stead the words—
“Part Va.—Recognition of Overseas Marriages (Regulations 71a-71c).
“Part VI.—Miscellaneous (Regulations 72-76).”.
“(
a )to or in relation to the consent of a Judge, a magistrate or a prescribed authority under Part II. of the Act; or “.
“21A.—(1.) Where, after a prescribed authority has refused to dispense with the consent of a person to the proposed marriage of a minor, the minor delivers to the clerk of a court of summary jurisdiction a notice of application under sub-section (1.) of section 16 of the Act for the consent of a magistrate to the proposed marriage in place of the consent of that person, the minor shall, forthwith after notice of the time, date and place fixed for the holding of an inquiry has been given to him, serve a copy of the first-mentioned notice on the prescribed authority together with particulars of the address of the office of that court and of the time, date and place fixed for the holding of that inquiry.
“(2.) Where a copy of the notice of application under sub-section (1.) of section 16 of the Act is served on a prescribed authority under the last preceding sub-regulation, the prescribed authority shall, within fourteen days from the day on which the copy is served on him, furnish to the clerk of the court of summary jurisdiction to whom the notice was delivered a report setting out his reason for refusing to dispense with the consent of a person to the marriage of the minor.
(
“(3.) A party to an application under sub-section (1.) of section 16 of the Act, is entitled to inspect the report of a prescribed authority furnished, in accordance with the last preceding sub-regulation, in respect of the application, and to take a copy of, or extracts from, the report.
“(4.) Where a copy of the notice of application under sub-section (1.) of section 16 of the Act and the particulars specified in sub-regulation (1.) of this regulation are not served on the prescribed authority by the minor who made the application himself, the minor shall cause to be delivered to the clerk of the court of summary jurisdiction to whom the application was delivered, and to be filed, on or before the day fixed for holding the inquiry, an affidavit of service sworn by the person who served the copy and particulars stating—
(
a )the date on which and the place at which the copy and particular were served; and(
b )the means by which he established that the person on whom the copy and particulars were served was the person on whom they were required to be served.”.
“51. For the
purpose of paragraph (
(
a )a country the territory of which constitutes or forms part of a Country specified in the Fourth Schedule is a prescribed overseas country; and(
b )so much of the territory that constitutes or forms part of the French Republic as forms part of the Continent of Europe is a prescribed overseas country.”.
(
a )by omitting sub-regulations (1.) and (2.) and inserting in their stead the following sub-regulation:—“(1.) The parents of a legitimated child shall each, or, if one of the parents is dead, the surviving parent shall, furnish information, in accordance with Form 21, with respect to the legitimation of the child to the appropriate registering authority.”;
(
b ) by omitting paragraph (b )of sub-regulation (3.) and inserting in its stead the following paragraph:—“(
b )a certified copy of an affiliation order that was made by a court of competent jurisdiction and adjudges a person to be the natural father of the legitimated child has been produced to the appropriate registering authority;”;(
c ) by adding at the end of that sub-regulation the following paragraphs:—“(
d )a certificate under the hand of the superintendent of an institution where persons may be confined for unsoundness of mind according to law, being a certificate certifying that the other parent of the child is, at the date of the certificate, of unsound mind and confined in that institution, has been furnished to the appropriate registering authority; or“(
e )the parent furnishing the information with respect to the legitimation of the child has, by instrument under his hand furnished to the appropriate registering authority, declared that the whereabouts of the other parent of the child are unknown to him and set out in that instrument particulars of the circumstances in which the other parent disappeared and the inquiries made to ascertain the whereabouts of the other parent.”; and(
d )by adding at the end thereof the following sub-regulations:—“(4.) An instrument furnished to the appropriate registering authority for the purpose of paragraph (
e )of the last preceding sub-regulation is of no force or effect for that purpose unless such inquiries have been made as it would, in all the circumstances of the case, have been reasonable to make in order to ascertain the whereabouts of the parent whose whereabouts are unknown.“(5.) For the purpose of paragraph (
b )of sub-regulation (3.) of this regulation, an order made by a court shall be deemed to be an affiliation order that adjudges a person to be the natural lather of a legitimated child—(
a )if the order was made in such circumstances that the court was not entitled to make the order unless it found as a fact that the person was the natural father of the child; or(
b )if the order was made at any time within six months before the birth of the child and in such circumstances that the court was not entitled to make the order unless it found as a fact that the child’s mother was at that time with child by the person,whether or not it also expressly adjudges the person to be the father of the child.”.
(2.) The amendment of regulation 57 of the Marriage
Regulations effected by paragraph (
(
a )by inserting in sub-regulation (1.), after the word “information” (second occurring), the words “of a kind indicated in Form 21”; and(
b )by inserting in paragraph (a ) of sub-regulation (5.), after the word “fail”, the words “,without lawful excuse,”.
“63A.—(1.) Where the birth of a child of a marriage that is void is registered in a register of births kept under the law of a State or Territory or in a Register of Births Abroad as if the child was, at the time of his birth, the legitimate child of his parents, a parent of the child—
(
a )who believed at the time of the intercourse that resulted in the birth of the child or at the time when the ceremony of marriage to the other parent of the child took place, whichever was the later, that the marriage was valid; and(
b )who subsequently learned, whether before, on or after the commencing date, that the marriage was void,
may furnish, in accordance with Form 21, information with respect to the legitimation of the child to the appropriate registering authority.
“(2.) Sub-regulations (2.) and (3.) of regulation 62 of these Regulations apply to and in relation to information that may be furnished under the last preceding sub-regulation as if references to a legitimated child were references to a child referred to in the last preceding sub-regulation.
“(3.) Regulation 59 of these Regulations applies to and in relation to a child referred to in sub-regulation (1.) of this regulation as if the reference to a legitimated child for the purposes of Division 2 of this Part were a reference to a child so referred to.
“(4.) Regulation 60 of these Regulations applies to and in relation to a child referred to in sub-regulation (1.) of this regulation as if the reference to a legitimated child were a reference to a child so referred to.”.
“Part Va.—Recognition of Overseas Marriages.
“71a. 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 that is recognized in Australia as a valid marriage by virtue of the provisions of the Foreign Marriage Acts, 1892 to 1934 of the United Kingdom that are in force in the Commonwealth as a law of the Commonwealth,
the marriage shall, if it is recognized in the United Kingdom as a valid marriage, be recognized in Australia as a valid marriage.
“71B. Where a marriage is or has been solemnized under those provisions of the Marriage Act 1955 of New Zealand that 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.
“71c. Where a marriage is or has been solemnized under those provisions of the Special Marriage Act, 1954 of India that 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.”.
“ (2.) An authorized celebrant who is not a minister of religion, or a marriage officer, may, for special reasons, remit, either wholly or in part—
(
a )the fee for solemnizing a marriage solemnized by him; and(
b )the fee for a notice of intended marriage given to him.”.
“76. For the purpose of section 62 of the Act, a person appointed to hold or act in the office (being an office of the Commonwealth) of attaché in an overseas country is a person qualified to be appointed as a marriage officer.”.
(
a )by omitting from paragraph 1 the words “or Territory ”; and(
b )by omitting from paragraph 6the word “or” and inserting in its stead the word “and”.
Form 15
Regulations
40(
Marriage Act
CERTIFICATE OF MARRIAGE
I,
,
having authority under the
1961-1966 to solemnize marriages, hereby certify that I have this day at
duly solemnized marriage in accordance with the provisions of that Act *(and according to the rites of ) between and in the presence of the undersigned witnesses.
Dated this day of ,19 .
(
( | ( |
Form 16
Regulations
40(
Commonwealth of Australia
Marriage Act
CERTIFICATE OF MARRIAGE
Marriage was solemnized between the parties particulars of whom are given below on the
day of ,19 , at
*(according to .).
Bridegroom | Bride |
1. Surname................................................................................................. | |
2. Christian or other names.......................................................................... | |
3. Usual occupation.................................................................................... | |
4. Usual place of residence.......................................................................... | |
5. Conjugal status....................................................................................... | |
6. Birthplace............................................................................................... | |
7. Date of birth........................................................................................... | |
8. Father’s name in full............................................................................... | |
9. Mother’s maiden name in full.................................................................. |
Form 16—
(
Witnesses to the marriage:
Full names
(
I, ,hereby
certify that, on the date and at the place specified above, I duly solemnized
marriage in accordance with the provisions of the
Dated this day of ,19 .
(
“FOURTH SCHEDULE Regulation 51.
Prescribed Overseas Countries
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FIFTH SCHEDULE Regulation 74.
Fees
Item | Matters | Fees |
$ | ||
1 |
| 2.00 |
2 |
| 1.00 |
3 |
| 4.00 |
4 |
| 1.00 |
5 |
| 1.00 |
6 |
| 0.50 |
7 |
| 4.00 |
8 |
| 6.00 |
9 |
| 2.00 |
10 |
| 2.00 |
11 |
| 5.00 |
12 |
| |
| 5.00 | |
| 10.00 | |
| 5.00 |
0
0
0