Nothing in this Act prevents the solemnisation in Australia of a marriage to which this Division applies by or in the presence of a diplomatic or consular officer of a proclaimed overseas country if:
(a) neither of the parties is an Australian citizen; and
(b) the marriage, were it a marriage to and in relation to which Division 2 of this Part applied, would not be void by reason of a circumstance set out in paragraph 23B(1)(a), (b) or (e).