Commonwealth Consolidated Acts

MARRIAGE ACT 1961 - SECT 47

Refusing to solemnise a marriage despite this Part

  (1)   A minister of religion may refuse to solemnise a marriage despite anything in this Part.

  (2)   In particular, nothing in this Part prevents a minister of religion from:

  (a)   making it a condition of solemnising a marriage that:

  (i)   notice of the intended marriage is given to the minister earlier than this Act requires; or

  (ii)   additional requirements to those provided by this Act are complied with; and

  (b)   refusing to solemnise the marriage if the condition is not observed.

Refusing to solemnise a marriage on the basis of religious beliefs etc.

  (3)   A minister of religion may refuse to solemnise a marriage despite anything in this Part, if any of the following applies:

  (a)   the refusal conforms to the doctrines, tenets or beliefs of the religion of the minister's religious body or religious organisation;

  (b)   the refusal is necessary to avoid injury to the religious susceptibilities of adherents of that religion;

  (c)   the minister's religious beliefs do not allow the minister to solemnise the marriage.

Grounds for refusal not limited by this section

  (4)   This section does not limit the grounds on which a minister of religion may refuse to solemnise a marriage.