Commonwealth Consolidated Acts

MARRIAGE AMENDMENT ACT 2002 - SCHEDULE 2

Marriage Act 1961

1   Subsection 5(1) ( paragraph   ( a) of the definition of Judge )

After "Family Court of Australia", insert ", or a Federal Magistrate of the Federal Magistrates Court ,".

2   Subsection 5(1) (definition of marriage officer )

Repeal the definition.

3   Subsection 5(1) (definition of official house )

Repeal the definition.

4   Subsection 5(1) ( paragraph   ( a) of the definition of prescribed authority )

Omit "being an authorized celebrant or a justice of the peace", substitute "being an officer or employee of the Commonwealth, a State or a Territory".

5   Application of items   4 and 56

The amendments made by items   4 and 56 apply in relation to appointments of prescribed authorities made after those items commence.

6   Subsection 5(1) ( paragraph   ( b) of the definition of prescribed authority )

Repeal the paragraph.

7   At the end of subsection 9A(1)

Add "or a Federal Magistrate of the Federal Magistrates Court ".

8   Subsection 13(2)

Repeal the subsection, substitute:

  (2)   For the purposes of subsection   ( 1), the consent of a person is only duly witnessed if the signature of that person was witnessed:

  (a)   if the consent is signed in Australia --by one of the following persons:

  (i)   an authorized celebrant;

  (ii)   a Commissioner for Declarations under the Statutory Declarations Act 1959 ;

  (iii)   a justice of the peace;

  (iv)   a barrister or solicitor;

  (v)   a legally qualified medical practitioner;

  (vi)   a member of the Australian Federal Police or the police force of a State or Territory; or

  (b)   if the consent is signed in any other place--by one of the following persons:

  (i)   an Australian Diplomatic Officer;

  (ii)   an Australian Consular Officer;

  (iii)   a minister of religion of that place;

  (iv)   a judge of a court of that place;

  (v)   a magistrate or justice of the peace of or for that place;

  (vi)   a notary public;

  (vii)   an employee of the Commonwealth authorised under paragraph 3(c) of the Consular Fees Act 1955 ;

  (viii)   an employee of the Australian Trade Commission authorised under paragraph 3(d) of the Consular Fees Act 1955 .

9   Paragraph 42(1)(a)

Omit "6 months", substitute "18 months".

10   Application of item   9

The amendment made by item   9 applies in relation to notices of intention to marry given after the item commences.

11   Subparagraph 42(1)(b)(ii)

Omit "born; and", substitute "born; or".

12   After subparagraph 42(1)(b)(ii)

Insert:

  (iii)   a passport issued by a government of an overseas country, showing the date and place of birth of the party; and

13   Paragraph 42(2)(b)

Repeal the paragraph, substitute:

  (b)   must be signed by each of the parties; and

  (c)   if a party signs the notice in Australia --must be signed in the presence of:

  (i)   an authorised celebrant; or

  (ii)   a Commissioner for Declarations under the Statutory Declarations Act 1959 ; or

  (iii)   a justice of the peace; or

  (iv)   a barrister or solicitor; or

  (v)   a legally qualified medical practitioner; or

  (vi)   a member of the Australian Federal Police or the police force of a State or Territory; and

  (d)   if a party signs the notice outside Australia --must be signed in the presence of:

  (i)   an Australian Diplomatic Officer; or

  (ii)   an Australian Consular Officer; or

  (iii)   a notary public; or

  (iv)   an employee of the Commonwealth authorised under paragraph 3(c) of the Consular Fees Act 1955 ; or

  (v)   an employee of the Australian Trade Commission authorised under paragraph 3(d) of the Consular Fees Act 1955 .

14   Subsection 42(3)

Omit "Where", substitute "However, if".

15   Subsection 42(5)

Repeal the subsection, substitute:

  (5)   Despite a notice required by subsection   ( 1) having been received later than 1 month before the date of the marriage, a prescribed authority may authorise an authorized celebrant to solemnize a marriage if the authority is satisfied that one or more of the circumstances prescribed in the regulations have been met.

16   Section   54

Repeal the section, substitute:

54   Governor - General may declare countries to be proclaimed overseas countries

    The Governor - General may declare by Proclamation that a country is a proclaimed overseas country for the purposes of this Division if he or she is satisfied that the country's law or custom authorizes the solemnization, by or in the presence of either or both diplomatic or consular officers of that country, of marriages outside that country.

17   Application of item   16

The amendment made by item   16 applies in relation to Proclamations declared after the item commences.

18   Part   V (heading)

Repeal the heading, substitute:

Part   V -- Marriages of members of the Defence Force overseas

19   Divisions   1 and 2 of Part   V

Repeal the Divisions.

20   Division   3 of Part   V (heading)

Repeal the heading, substitute:

Division   3 -- Marriages of members of the Defence Force overseas

21   Subsection 74(1)

Omit "marriage officer or".

Note:   The heading to section   74 is altered by omitting " marriage officer or ".

22   Subsection 74(3)

Omit "marriage officer or a".

23   Section   75

Omit "marriage officer or a".

Note:   The heading to section   75 is altered by omitting " Marriage officer or chaplain " and substituting " Chaplain ".

24   Section   75

Omit "marriage officer or" (second occurring).

25   Subsection 76(1)

Omit "marriage officer or".

26   Subsection 77(1)

Omit "marriage officer or".

27   Subsection 78(2)

Omit "marriage officer or".

28   Section   79

Omit "marriage officer or a".

Note:   The heading to section   79 is altered by omitting " Marriage officer or chaplain " and substituting " Chaplain ".

29   Section   79

Omit "marriage officer or" (second occurring).

30   Subsection 80(1)

Omit "a marriage officer or".

31   Subsection 80(1)

Omit "marriage officer or" (second occurring).

32   Paragraph 80(2)(a)

Repeal the paragraph, substitute:

  (a)   the chaplain; and

33   Paragraph 80(2)(c)

Omit "marriage officer or".

34   Subsection 80(4)

Omit "marriage officer or".

35   Paragraph 80(4)(b)

Omit "any notice under section   66 and".

36   Subsections 80(5), (6) and (8)

Omit "marriage officer or".

37   Subsection 80(9)

Omit "marriage officer or" (wherever occurring).

38   Subsection 80(10)

Omit "marriage officer or".

39   Section   81

Omit "marriage officer or" (wherever occurring).

40   Paragraphs 83(1)(a), (b) and (c)

Repeal the paragraphs.

41   Paragraph 83(1)(e)

Omit "67, 68, 69,".

42   Subsection 83(2)

Omit "marriage officer or".

43   Paragraph 84(1)(a)

Repeal the paragraph, substitute:

  (a)   a chaplain has attended a marriage in an overseas country between parties of whom at least one was an Australian citizen or a member of the Defence Force; and

Note:   The heading to section   84 is altered by omitting " marriage officer or ".

44   Paragraphs 84(1)(b) and (c)

Omit "marriage officer or".

45   Subsection 84(1)

Omit "the marriage officer, upon payment of the prescribed fee, or the chaplain, as the case may be,", substitute "the chaplain".

46   Paragraphs 85(1)(b) and (c)

Omit "marriage officer or".

47   Subsection 85(1)

Omit "the marriage officer, upon payment of the prescribed fee, or the chaplain, as the case may be,", substitute "the chaplain".

48   Subsection 92(1)

After "Family Court of Australia,", insert "the Federal Magistrates Court ,".

49   Subsection 99(2)

Repeal the subsection.

50   Subsection 104(1)

Omit "or to a marriage officer under section   66,".

51   Subsection 104(1)

Omit "or section   66".

52   Subsection 104(2)

Repeal the subsection   ( but not the penalty).

53   Section   110

Repeal the section.

54   Subsection 115(3)

Omit "and, where appropriate, the religious body or religious organization to which he or she belongs".

55   Subsection 116(2)

Omit ", marriage officer" (wherever occurring).

56   Paragraph 117(2A)(b)

Repeal the paragraph, substitute:

  (b)   an officer or employee of the Commonwealth, a State or a Territory, appointed by the Minister to be a prescribed authority;

Notes to the Marriage Amendment Act 2002

Note 1

The Marriage Amendment Act 2002 as shown in this compilation comprises Act No.   77, 2002 amended as indicated in the Tables below.

Table of Acts

Table of Amendments