Victorian Current Acts

CRIMES ACT 1958 - SECT 404

On the hearing before a magistrate of or on the trial of any person on a charge of having (during the life of his or her wife or husband) gone through the form or ceremony of marriage with some other person, the production of a copy of the register or other official record of a marriage or of an extract from such register or other official record shall on proof of the identity of such first-mentioned person be prima facie evidence of his or her marriage or of his or her having gone through the ceremony of marriage—

S. 404(a) amended by No. 25/2023 s. 7(Sch.  1 item 6.4).

        (a)     if such copy or extract is proved to be an examined copy or extract of or from the register or other official record of marriages kept in any portion of His Majesty's dominions; or

S. 404(b) amended by No. 25/2023 s. 7(Sch.  1 item 6.4).

        (b)     if such copy or extract purports to be signed and certified as a true copy or extract by the officer to whose custody the original is intrusted, and if the facts that such officer is an officer intrusted with the custody of the original register or official record and that the signature thereto is the signature of such officer and that such register or other official record is an official record within the meaning of this Act purports to be certified to by a judge of a superior court or Governor or Administrator of the Government of that portion of His Majesty's dominions in which such register or official record is kept.

No. 6103 s. 405.