Marriage Act 1973

Legislation au C1973A00035 Not in force Act

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Marriage Act 1973

No. 35 of 1973

AN ACT

To amend the Marriage Act 1961-1966.

[Assented to 27 May 1973]

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title and citation.

1. (1) This Act may be cited as the Marriage Act 1973.

(2) The Marriage Act 1963–1966 is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the Marriage Act 1961–1973.

Commencement.

2. This Act shall come into operation on a date to be fixed by Proclamation.

Interpretation.

3. Section 5 of the Principal Act is amended by omitting from the definition of “minor” in sub-section (1) the word “twenty-one” and substituting the word “eighteen”.

Authorization of marriage of person under age of 18 or 16 years in exceptional circumstances.

4. Section 12 of the Principal Act is amended by omitting from sub-section (1) the words “to a Judge in a”.

Marriage of minor not to be solemnized without consent of parents, &c.

5. Section 13 of the Principal Act is amended by inserting in paragraph (b) of sub-section (2), after the words “Consular Officer,”, the words “a minister of religion of that place,”.

Applicant may be refused registration in certain circumstances.

6. Section 31 of the Principal Act is amended by omitting sub-sections (2) and (3).

7. Section 38 of the Principal Act is repealed and the following section substituted:—

Registrars to furnish information to Attorney-General.

“38. Each Registrar shall, if the Secretary to the Attorney-General’s Department so requests, furnish to the Secretary—

(a) a list of ministers of religion registered by him under this Division during the period specified in the request, showing the full name, designation, residential or postal address and religious denomination of each minister; and

(b) particulars of any other alterations to the register kept by him under this Division made during that period.”.

Notice to be given and declaration made.

8. (1) Section 42 of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1) the words “the ninetieth day” and substituting the words “three months”; and

(b) by omitting from paragraph, (b) of sub-section (2) the words “or a justice of the peace” and substituting the words “, a justice of the peace, a barrister or solicitor, a legally qualified medical practitioner or a member of the Police Force of the Commonwealth or of a State or Territory”.

(2) A notice duly given under paragraph 42(1)(a) of the Principal Act before the date of commencement of this Act shall be deemed to have been duly given under paragraph 42(1)(a) of the Principal Act as amended by this Act.

Marriage certificate.

9. Section 50 of the Principal Act is amended—

(a) by inserting after sub-section (1) the following sub-section:—

“(1a) Notwithstanding paragraph (b) of sub-section (1), the regulations may provide that the person for the time being holding or acting in a specified office of a specified State or Territory shall prepare only one official certificate under that paragraph,”;

(b) by inserting in sub-section (3), after the word “certificates”, the words “or the official certificate, as the case may be,”; and

“(4) The authorized celebrant shall hand the certificate referred to in paragraph (a) of sub-section (1) to one of the parties to the marriage on behalf of the parties, and—

(a) where two official certificates have been prepared—

(i) within fourteen days after the solemnization of the marriage, forward the official certificate to which sub-section (3) applies, together with the notice under section 42, the order (if any) under section 12 and any statutory declarations, consents and dispensations with consents relating to the marriage that are in his possession, to the appropriate registering authority of a State or Territory ascertained in accordance with the regulations; and

(ii) retain the other official certificate and deal with it in accordance with the regulations; or

(b) where only one official certificate has been prepared—retain that certificate and deal with it in accordance with the regulations.”.

Incorrect marriage certificates.

10. Section 51 of the Principal Act is amended by omitting sub- section (3) and substituting the following sub-sections:—

“(2a) Where a marriage has been solemnized, or purports to have been solemnized, under this Part, and the marriage is void, an authorized officer may, by notice in writing served on a party to the marriage, require the party to deliver or forward to him, within a period (not being less than seven days from the date of service of the notice) specified in the notice, the certificate required, by sub-section (4) of section 50, to be handed to a party to the marriage.

“(3) A notice referred to in sub-section (2) or (2a) may be served by post.”.

Bigamy

11. Section 94 of the Principal Act is amended by inserting after sub-section (7) the following sub-section:—

“(7a) In a prosecution for an offence against this section, the court may receive as evidence of the facts stated in it a document purporting to be either the original or a certified copy of a certificate, entry or record of a marriage alleged to have taken place whether in Australia or elsewhere.”.

Marrying person not of marriageable age, &c.

12. (1) Section 95 of the Principal Act is amended by omitting from paragraph (a) of sub-section (4) the word “twenty-one” and substituting the word “eighteen”.

(2) The amendment made by sub-section (1) does not affect proceedings for an offence against sub-section 95(2) of the Principal Act committed before the commencement of this Act.

The Schedule.

13. The Schedule to the Principal Act is amended by omitting Parts I and II and substituting the following Part:—

PART I

Where the Minor is not an Adopted Child

Circumstances in relation to the Minor	Person or persons whose consent is required
1. Where both parents of the minor are alive—
(a) in any case other than a case to which paragraph (b) or (c) is applicable	Both parents
(b) if the parents live separately and apart—
(i) if the minor lives permanently with one parent or lives more with one parent than with the other	The parent with whom the minor so lives
(ii) if the minor does not live with either parent and the parents have never been married to each other	The mother
(c) if both parents have been deprived of the custody of the minor by the order of a court	The person or persons having the custody of the minor under the order of the court
2. Where only one parent of the minor is alive—
(a) if the parents had, at any time, been married to each other—
(i) if the surviving parent has not been deprived of the custody of the minor by the order of a court	The surviving parent
(ii) if the surviving parent has been deprived of the custody of the minor by the order of a court	The person or persons having the custody of the minor under the order of the court
(b) if the parents had never been married to each other—
(i) if the surviving parent is the mother and she has not been deprived of the custody of the minor by the order of a court	The mother
(ii) if the surviving parent is the mother and she has been deprived of the custody of the minor by the order of a court	The person or persons having the custody of the minor under the order of the court
(iii) if the surviving parent is the father—
(a) if the minor lives permanently with the father	The father
(b) if the minor does not live permanently with the father and there is or are a guardian or guardians of the minor	The guardian or guardians
(c) if the minor does not live permanently with the father and there is no guardian of the minor	A prescribed authority
3. Where both parents of the minor are dead—
(a) if there is or are a guardian or guardians of the minor	The guardian or guardians
(b) if there is no guardian of the minor..............	A prescribed authority

Overview

The Marriage Act 1973 is an Act of the Parliament of Australia that amends the Marriage Act 1961-1966. This Act was introduced to address issues with the original Act, such as the marriageable age and the process of solemnising a marriage. The Act makes several amendments to the original Act, including changing the definition of "minor" and authorising the marriage of a person under the age of 18 or 16 years in exceptional circumstances. Additionally, it allows for the refusal of registration in certain circumstances and requires registrars to furnish information to the Attorney-General. The policy objective of the Act is to provide a more flexible and modern framework for marriages in Australia. The Marriage Act 1973 also makes changes to the process of solemnising a marriage, including the requirement for notice to be given and a declaration to be made. It allows for the preparation of only one official certificate for a marriage and sets out the procedure for handling incorrect marriage certificates. The Act also makes amendments to the bigamy and marriageable age provisions, allowing for the admissibility of certain documents in prosecutions for offences under the Act. Overall, the Marriage Act 1973 aims to provide a more streamlined and efficient process for marriages in Australia while addressing issues with the original Act.

Scope and Application

The Marriage Act 1973 amends the Marriage Act 1961-1966, introducing various modifications to the legal framework governing marriage in Australia. The Act applies to individuals and entities involved in marriage solemnisations, including celebrants, registrars, and applicants, and encompasses various aspects such as age requirements, parental consent, and the issuance of marriage certificates. It extends across all states and territories of Australia, reflecting a national scope. Notably, the Act modifies the definition of a "minor" from twenty-one to eighteen years of age and adjusts the conditions under which parental consent is required for a minor to marry. It also updates the list of authorised celebrants and the process for the issuance and handling of marriage certificates. While the Act itself sets out these primary provisions, it allows for further detail and regulation through subordinate instruments, thereby extending or restricting its application as necessary.

Key Provisions

The Marriage Act 1973 (C1973A00035) makes several amendments to the Marriage Act 1961-1966 (referred to as the Principal Act). The Act updates the definition of "minor" from the age of twenty-one to eighteen (section 3). It also allows for the marriage of individuals under the age of eighteen or sixteen in exceptional circumstances (section 4). Consent from parents or guardians is required for the marriage of a minor, and the Act clarifies the roles of ministers of religion in this process (section 5). The Act introduces provisions for registrars to provide information to the Attorney-General (section 7) and modifies the notice and declaration requirements for marriages (section 8). It revises the process for issuing marriage certificates, including the role of authorized celebrants and officials (section 9). The Act also addresses the handling of incorrect marriage certificates and bigamy offences (sections 10 and 11). Additionally, it updates the marriageable age from twenty-one to eighteen (section 12). The Schedule outlines the specific circumstances under which parental or guardian consent is required for the marriage of a minor (section 13). The Marriage Act 1973 imposes several obligations on the parties and entities it governs. It mandates that marriages of minors require the consent of parents or guardians, with specific rules outlined in the Schedule (section 5). Registrars are required to provide information to the Attorney-General upon request, including details about registered ministers of religion and any alterations to the marriage register (section 7). Authorized celebrants must follow specific procedures for issuing and forwarding marriage certificates, depending on whether one or two official certificates are prepared (section 9). Parties to a void marriage must comply with requests from authorized officers to deliver or forward their marriage certificates (section 10). The Act also requires that notices related to marriage proceedings be served by post (section 10). The Marriage Act 1973 includes provisions for offences, penalties, and consequences for breach. Engaging in a marriage while already married constitutes an offence of bigamy (section 94). Marrying a person who is not of the marriageable age of eighteen can result in criminal charges (section 95). The Act allows for the admissibility of documents as evidence in bigamy prosecutions (section 94). Additionally, failure to comply with requirements for delivering or forwarding marriage certificates can lead to enforcement actions by authorized officers (section 10). The specific penalties for these offences are not detailed in the provided text, but they would typically be determined by the relevant jurisdiction's criminal code.

Area of Law: Family Law
Instrument: Act
Concepts: Commencement Provisions; Definitions & Interpretation; Reporting & Disclosure Obligations; Civil Penalty Provisions; Regulatory Standards

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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