Overview

The Foreign Marriage Act 1963 was enacted by the Norfolk Island Government to address the need for updated legislation governing foreign marriages on the island. This Act repealed the Foreign Marriage Act 1916, which had previously been in place to regulate marriages of non-residents. The policy objective behind the Foreign Marriage Act 1963 was to ensure that the legal framework for foreign marriages on Norfolk Island was current and effective, while also providing a transitional provision to maintain the application of the old act to notices given prior to the commencement of the new Act. The Act was consolidated in 2002 under the authority of the Administrator, in accordance with the Enactments Reprinting Act 1980. This consolidation included the repeal of the 1916 Act, ensuring a streamlined and coherent legislative framework for foreign marriages on Norfolk Island.

Scope and Application

The Foreign Marriage Act 1963 repeals the previous Foreign Marriage Act 1916, marking a significant shift in the legislative framework governing foreign marriages on Norfolk Island. The repeal signifies the introduction of updated regulations designed to streamline the process and requirements for marriages between foreigners on the island. Despite the repeal, the 1916 Act remains applicable to any notices of marriage given under its provisions before the commencement of the 1963 Act, ensuring continuity for ongoing processes. This consolidation provides a comprehensive view of the legislative changes, with specific attention to transitional provisions that maintain the integrity of pre-existing commitments. The 1963 Act, therefore, not only introduces new regulations but also respects and preserves the legal continuity for certain actions already initiated under the previous Act.

Key Provisions

The Foreign Marriage Act 1963 (sections 1 and 2) provides for the repeal of the Foreign Marriage Act 1916, with a specific saving provision for notices given under section 3 of the repealed Act before the commencement of the 1963 Act. The repealed Act, which allowed for the giving of notice of a marriage intended to be solemnised under the Foreign Marriage Act by one of the parties intending such marriage, remains applicable to notices given before the new Act came into effect. This means that if a notice was submitted under the old Act prior to 17 October 1963, the provisions of the repealed Act will continue to govern that particular notice. The obligations imposed by the Foreign Marriage Act 1963 primarily concern the notice of marriage process for foreign marriages on Norfolk Island. Specifically, the Act requires that any notice of marriage given under the repealed Foreign Marriage Act 1916 prior to the commencement of the 1963 Act must follow the procedures outlined in that repealed Act. This includes the requirement that the notice must be given by one of the parties intending to marry, who must have resided in Norfolk Island for at least one week immediately preceding the giving of the notice, and that the notice be published by proclamation of bans or in a manner prescribed by law. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the provided text of the Foreign Marriage Act 1963. The Act primarily focuses on the repeal of the 1916 Act and the saving provision for notices given before the repeal. Any penalties or consequences for breaches of the procedures would likely be found in the repealed Foreign Marriage Act 1916 or in other related legislation governing the marriage process on Norfolk Island.