Marriage Regulations (Amendment)

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Statutory Rules

1973 No. 129

REGULATIONS UNDER THE MARRIAGE ACT 1961-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Marriage Act 1961-1973.

Dated this twenty-seventh day of June, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

LIONEL MURPHY

Attorney-General.

Amendments of the Marriage Regulations†

Interpretation

1. Regulation 4 of the Marriage Regulations is amended—

(a) by inserting before the definition of “birth certificate” the following definition:—

“ ‘bachelor’ means a male person who has never been validly married;”; and

(b) by inserting after the definition of “notice of intended marriage” the following definition:—

“ ‘spinster’ means a female person who has never been validly married;”.

Consent not in English language.

2. Regulation 9 of the Marriage Regulations is amended by omitting from sub-regulation (1) the word and letter “paragraph (b)” (first occurring) and substituting the word and letter “paragraph (a)”.

Applications under section 12.

3. Regulation 15 of the Marriage Regulations is amended by omitting sub-regulation (2) and substituting the following sub-regulation:—

“(2) A person intending to make application to a magistrate under section 12 of the Act shall deliver notice of the application to the clerk of the appropriate court of summary jurisdiction.”.

* Notified in the Australian Government Gazette on 2 July 1973.

† Statutory Rules 1963, No. 31, as amended by Statutory Rules 1971, No. 6.

Power to examine on oath or affirmation.

4. Regulation 27 of the Marriage Regulations is amended by omitting sub-regulation (2) and substituting the following sub-regulation:—

“(2) A witness may, instead of taking an oath, make an affirmation that he will state the truth, the whole truth and nothing but the truth to all questions that are asked him.”.

Declaration to be made by party to a marriage.

5. Regulation 39 of the Marriage Regulations is amended by omitting the word “twenty-one” and substituting the word “eighteen”.

Appropriate registering authorities.

6. Regulation 41 of the Marriage Regulations is amended by omitting the word and letter “paragraph (b)” and substituting the word and letter “paragraph (a)”.

7. After regulation 42 of the Marriage Regulations the following regulation is inserted:—

Disposal of the retained official certificate of marriage.

“42A. (1) For the purposes of sub-section (1A) of section 50 of the Act, the authorized celebrants who are required to prepare only one official marriage certificate are each of the persons for the time being holding or performing the duties of the offices specified in the second column of the Sixth Schedule opposite the name of the State or Territory specified in the first column of that Schedule.

“(2) Where an authorized celebrant referred to in sub-regulation (1) who is a person authorized to solemnize marriages by virtue of sub-section (1) of section 39 of the Act solemnizes a marriage, he shall, if a law of the State or Territory in which the marriage is solemnized makes provision for the doing by him of anything for the purpose of the binding of the official marriage certificate prepared by him into a register or for the disposal of that certificate in some other manner, deal with that certificate as so provided.

“ (3) Where an authorized celebrant referred to in sub-regulation (1) who is a person authorized to solemnize marriages by virtue of an authorization under sub-section (2) of section 39 of the Act solemnizes a marriage, he shall forward to the principal registering authority for the State or Territory in which the marriage was solemnized the official marriage certificate prepared by him or otherwise deal with the certificate as directed by the principal registering authority.

“(4) For the purposes of sub-regulation (3) the principal registering authority of a State or Territory specified in the first column of the Third Schedule is the authority of that State or Territory specified in the second column of that Schedule opposite the name of the State or Territory.”.

Declaration to be made before marriage officer or chaplain.

8. Regulation 46 of the Marriage Regulations is amended by omitting the word “twenty-one” and substituting the word “eighteen”.

First Schedule.

9. The First Schedule to the Marriage Regulations is amended as set out in Schedule 1.

Third Schedule.

10. The Third Schedule to the Marriage Regulations is amended by inserting after the figures “42” the figures “, 42a”.

Fourth Schedule.

11. The Fourth Schedule to the Marriage Regulations is amended—

(a) by inserting, after the words—

“Italian Republic”

the word—

“Japan”; and

(b) by inserting, after the words—

“United States of America”

the words—

“Republic of Vietnam”.

Sixth Schedule.

12. The Marriage Regulations are amended by adding at the end thereof the following Schedule:—

“SIXTH SCHEDULE Regulation 42a

OFFICES OF WHICH HOLDERS ARE REQUIRED TO PREPARE ONLY ONE OFFICIAL MARRIAGE CERTIFICATE

State or Territory	Office of State or Territory
New South Wales..........	Registrar-General
	Senior Deputy Registrar-General
	Deputy Registrar-General
	Officer-in-charge, Registration Division, Registrar-General’s Department
	Senior Inquiry Officer, Registrar-General’s Department
	Marriage Officer, Registrar-General’s Department
Queensland..............	Registrar-General
	Deputy Registrar-General
	Senior Clerk, Registrar-General’s Office
Western Australia..........	District Registrar, Perth
Tasmania...............	Registrar-General
	Deputy Registrar-General
	Registrar of Births and Deaths, Hobart
	Deputy Registrar of Births and Deaths, Hobart
	Registrar of Births and Deaths, Launceston
	Deputy Registrar of Births and Deaths, Launceston “.

Amendments in relation to decimal currency.

13. The Marriage Regulations are further amended as set out in Schedule 2.

SCHEDULE 1 Regulation 9

Amendments of the First Schedule to the Marriage Regulations

The First Schedule to the Marriage Regulations is amended as set out in the following table:—

Form	Amendment
Form 7.................	Insert in paragraph 1, after the word “State”, the words “or Territory”.
Form 11................	Omit paragraph 4.
Form 13................	Omit the words “Not required where the party is illegitimate, but may be stated if the party so desires.” (in the footnote †), substitute “If not known, insert unknown.”.
Form 14................	Omit the figures “21” (wherever occurring), substitute the figures “18”.
Form 17................	Omit the words “Not required where the party is illegitimate, but may be stated if the party so desires.” (in the footnote †), substitute “If not known, insert unknown.”.

SCHEDULE 2 Regulation 13

Amendments of the Marriage Regulations in relation to decimal currency

Provision	Amendment
Sub-regulation 7 (3)........	Omit “Fifty pounds”, substitute “One hundred dollars”.
Sub-regulation 8 (2)........	Omit “Fifty pounds”, substitute “One hundred dollars”.
Sub-regulations 9 (2) and (5)..	Omit “Fifty pounds”, substitute “One hundred dollars”.
Regulation 28............	Omit “One hundred pounds”, substitute “Two hundred dollars”.
Regulation 29............	Omit “One hundred pounds” substitute “Two hundred dollars”.
Sub-regulation 37 (4).......	Omit “One hundred pounds”, substitute “Two hundred dollars”.
Sub-regulation 38 (3).......	Omit “Fifty pounds” substitute “One hundred dollars”.
Sub-regulation 43 (2).......	Omit “One hundred pounds”, substitute “Two hundred dollars”.
Sub-regulation 44 (3).......	Omit “Fifty pounds”, substitute “One hundred dollars”.
Sub-regulation 53 (2).......	Omit “One hundred pounds”, substitute “Two hundred dollars”.
Regulation 55............	Omit “One hundred pounds”, substitute “Two hundred dollars”.
Regulation 60............	Omit “One hundred pounds”, substitute “Two hundred dollars”.
Sub-regulation 75 (2).......	Omit “Fifty pounds”, substitute “One hundred dollars”.
First Schedule—Form 9.....	Omit “One hundred pounds”, substitute “Two hundred dollars”.
First Schedule—Form 12.....	Omit “Two hundred and fifty pounds”, substitute “Five hundred dollars”.

Overview

The Statutory Rules 1973 No. 129, which are Regulations under the Marriage Act 1961-1973, were enacted to make amendments to the existing Marriage Regulations. These amendments were introduced to address several issues, including updating definitions, modifying consent requirements, and adjusting the age of majority for certain provisions. The Regulations were made by the Governor-General of Australia, acting with the advice of the Executive Council, and were notified in the Australian Government Gazette on 2 July 1973. The policy objective of these amendments was to ensure the Marriage Regulations remain relevant and reflective of contemporary societal norms and legal standards, while maintaining the integrity and administration of marriage laws in Australia.

Scope and Application

The Statutory Rules 1973 No. 129, which amend the Marriage Regulations under the Marriage Act 1961-1973, apply to individuals and entities involved in the process of marriage registration in Australia. These regulations affect authorized celebrants, applicants, witnesses, and registering authorities across all states and territories. The amendments encompass changes to definitions, application processes, consent requirements, and financial thresholds related to marriage ceremonies and registrations. Notably, the changes include updates to the minimum age for marriage consent from twenty-one to eighteen years and adjustments to monetary penalties and fees to reflect decimal currency. The regulations also clarify the roles and responsibilities of authorized celebrants in preparing and submitting official marriage certificates. The scope of these amendments is national, with specific provisions tailored to each state and territory as outlined in the Sixth Schedule, ensuring uniform application across Australia.

Key Provisions

The primary provisions of these regulations (Regulations) amend various aspects of the Marriage Regulations under the Marriage Act 1961-1973. Firstly, they introduce new definitions for the terms "bachelor" and "spinster" (Regulation 1). Secondly, they modify the consent requirements, allowing consent to marriage to be given in languages other than English (Regulation 2). Thirdly, they revise the application process for marriages, requiring notice of the application to be delivered to the clerk of the appropriate court of summary jurisdiction (Regulation 3). Additionally, they permit witnesses to make an affirmation instead of taking an oath (Regulation 4). The Regulations also lower the minimum age for marriage from twenty-one to eighteen (Regulations 5 and 8). They provide detailed procedures for the disposal of official marriage certificates by authorised celebrants (Regulation 6). Lastly, they update various monetary figures to reflect the transition to decimal currency (Schedule 2). The Regulations impose several obligations on the parties and entities they govern. They mandate that definitions of certain terms be updated and that consent to marriage can be given in any language (Regulations 1 and 2). They require that notice of marriage applications be delivered to the appropriate court clerk (Regulation 3). They also allow for affirmations to be made in place of oaths (Regulation 4). The Regulations lower the age of consent for marriage (Regulations 5 and 8) and specify the procedures for handling official marriage certificates (Regulation 6). They also update the monetary amounts specified in various forms and provisions to reflect the change to decimal currency (Schedule 2). Breaches of these Regulations may lead to various civil or criminal consequences. While the Regulations themselves do not explicitly outline specific offences or penalties for non-compliance, the underlying Marriage Act 1961-1973 provides for penalties. For instance, offences under the Act may result in fines or imprisonment. For example, under section 23L of the Act, a person who knowingly and willingly marries while still married to another person is guilty of an offence and may be subject to imprisonment for up to two years. Similarly, under section 23D of the Act, a person who knowingly and willingly makes a false declaration in relation to a marriage is guilty of an offence and may be subject to imprisonment for up to two years. The precise penalties for breaches of the Regulations themselves would depend on the specific context and relevant provisions of the Marriage Act 1961-1973.

Area of Law: Family Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Regulatory Standards; Compliance Obligations

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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