Marriage Amendment Act 1985 - Legislation

AUSTRALIA

Marriage Amendment Act 1985

No. 7 of 1985

TABLE OF PROVISIONS

Section1. Short title, &c.2. Commencement3. Interpretation4. Extension of Act to Territories, &c.5. Amendment of heading to Part IA6. Grants to approved organizations7. Approval of voluntary organizations8. Approved marriage counselling organizations under Family Law Act9. Reports and financial statements of approved organizations

10. HeadingI1. Division to be subject to application of private international law12. Grounds on which marriages are void13. Insertion of new Division-

Division 2-Marriages solemnized after the commencement of section 13 ofthe Marriage Amendment Act 1985

23A. Application of Division23B. Grounds on which marriages are void

14. Review of refusal to register or removal from register15. Authorization of other celebrants16. Notice to be given and declaration made17. Repeal of section 55 and substitution of new section-

55. Solemnization of marriages in Australia by foreign diplomatic or consularofficer

18. Recognition of marriages19. Notice of marriage20. Notice to become void after 6 months

TABLE OF PROVISIONS-continued

Section21. Caveats22. Restriction on solemnization of marriages under this Part23. Insertion of new Part-

PART VA-RECOGNITION OF FOREIGN MARRIAGES

88A. Object of Part88B. Interpretation88C. Application of Part88D. Validity of marriages88E. Validity of certain marriages not affected by this Part88F. Incidental determination of recognition of certain foreign marriages88G. Evidence

24. Legitimation by virtue of marriage of parents25. Repeal of section 90 and substitution of new section-

90. Legitimacy of children of certain foreign marriages26. Operation of certain State and Territory laws27. Solemnizing marriage where notice or declaration not given or made, &c.28. Formal amendments

SCHEDULE

FORMAL AMENDMENTS

AUSTRALIA

Marriage Amendment Act 1985

No. 7 of 1985

An Act to amend the Marriage Act 1961

[Assented to 29 March 1985]

BE IT ENACTED by the Queen, and the Senate and the House ofRepresentatives of the Commonwealth of Australia, as follows:

Short title, &c.1. (1) This Act may be cited as the Marriage Amendment Act 1985.

(2) The Marriage Act 1961' is in this Act referred to as the Principal Act.

Commencement2. (1) Subject to sub-section (2), this Act shall come into operation on the

twenty-eighth day after the day on which this Act receives the Royal Assent.(2) Sections 4, 10, 11, 12, 13 and 23 shall come into operation on a day to be

fixed by Proclamation.

Interpretation3. Section 5 of the Principal Act is amended-(a) by omitting "exercise that power or" from paragraph (a) of the

definition of "Judge" in sub-section (1) and substituting "performthat"; and

Marriage Amendment No. 7, 1985

(b) by inserting after the definition of "marriage officer" in sub-section (1)the following definition:

"'medical procedure' means artificial insemination or theimplantation of an embryo in the body of a woman;".

Extension of Act to Territories, &c.

4. Section 8 of the Principal Act is amended by omitting sub-section (4)and substituting the following sub-section:

"(4) Section 73, Part VA and section 111 extend to all the externalTerritories.".

Amendment of heading to Part IA5. The heading to Part IA of the Principal Act is amended by omitting

"PRE-MARITAL" and substituting "MARRIAGE".

Grants to approved organizations6. Section 9B of the Principal Act is amended by omitting "pre-marital"

and substituting "marriage".

Approval of voluntary organizations7. Section 9c of the Principal Act is amended by omitting from sub-sections

(1), (2) and (5) "pre-marital" and substituting "marriage".

Approved marriage counselling organizations under Family Law Act8. (1) Section 9D of the Principal Act is amended by omitting from

sub-section (1) "pre-marital" and substituting "marriage".

(2) Where a voluntary organization was, immediately before thecommencement of this section, approved under Part IA of the Principal Act asan organization conducting programs of pre-marital education, thatorganization shall, after that commencement, be deemed to have beenapproved under Part IA of the Principal Act as amended by this Act as anorganization conducting programs of marriage education.

(3) Where the approval under Part IA of the Principal Act of anorganization to which sub-section (2) applies was subject to conditionsdetermined by the Attorney-General, the approval of the organization underPart IA of the Principal Act as amended by this Act that is deemed to have beeneffected by sub-section (2) is subject to the same conditions as those to whichthe first-mentioned approval was subject but nothing in this sub-section affectsthe operation of sub-section 9C (4) of the Principal Act as amended by this Actin relation to the second-mentioned approval.

Reports and financial statements of approved organizations9. Section 9E of the Principal Act is amended by omitting from sub-section

(1) "pre-marital" (wherever occurring) and substituting "marriage".


Heading10. Before section 22 of the Principal Act the following heading is inserted

in Part III:

"Division 1-Marriages solemnized on or after 20 June 1977 and before the

commencement of section 13 of the Marriage Amendment Act 1985".

Division to be subject to application of private international law11. Section 22 of the Principal Act is amended by omitting "this Part" and

substituting "this Division".

Grounds on which marriages are void12. Section 23 of the Principal Act is amended-(a) by omitting from sub-section (1) "takes place after the

commencement of this Act" and substituting "took place on or after20 June 1977 and before the commencement of section 13 of theMarriage Amendment Act 1985";

(b) by omitting from paragraph (1) (a) "is" and substituting "was";(c) by omitting from paragraph (1) (d) "is" (wherever occurring) and

substituting "was"; and(d) by omitting from paragraph (1) (e) "is" and substituting "was".

13. After section 23 of the Principal Act the following Division is insertedin Part III:

"Division 2-Marriages solemnized after the commencement of section 13 of

the Marriage Amendment Act 1985

Application of Division"23A. (1) Notwithstanding sub-section 42 (2) of the Family Law Act

1975, but subject to sub-section (2) of this section, this Division applies inrelation to-

(a) all marriages solemnized in Australia; and(b) all marriages under Part V.

"(2) This Division does not apply in relation to marriages to whichDivision 3 of Part IV applies.

Grounds on which marriages are void"23B. (1) A marriage to which this Division applies that takes place after

the commencement of section 13 of the Marriage Amendment Act 1985 is voidwhere-

(a) either of the parties is, at the time of the marriage, lawfully married tosome other person;

(b) the parties are within a prohibited relationship;(c) by reason of section 48 the marriage is not a valid marriage;(d) the consent of either of the parties is not a real consent because-


(i) it was obtained by duress or fraud;(ii) that party is mistaken as to the identity of the other party or as

to the nature of the ceremony performed; or(iii) that party is mentally incapable of understanding the nature

and effect of the marriage ceremony; or(e) either of the parties is not of marriageable age,

and not otherwise.

"(2) Marriages of parties within a prohibited relationship are marriages-(a) between a person and an ancestor or descendant of the person; or(b) between a brother and a sister (whether of the whole blood or the

half-blood).

"(3) Any relationship specified in sub-section (2) includes a relationshiptraced through, or to, a person who is or was an adopted child, and, for thatpurpose, the relationship between an adopted child and the adoptive parent, oreach of the adoptive parents, of the child shall be deemed to be or to have beenthe natural relationship of child and parent.

"(4) Nothing in sub-section (3) makes it lawful for a person to marry aperson whom the first-mentioned person could not lawfully have married ifthat sub-section had not been enacted.

"(5) For the purposes of this section-(a) a person who has at any time been adopted by another person shall be

deemed to remain the adopted child of that other personnotwithstanding that any order by which the adoption was effected hasbeen annulled, cancelled or discharged or that the adoption has for anyother reason ceased to be effective; and

(b) a person who has been adopted on more than one occasion shall bedeemed to be the adopted child of each person by whom thefirst-mentioned person has been adopted.

"(6) For the purposes of this section-'adopted', in relation to a child, means adopted under the law of any place

(whether in or out of Australia) relating to the adoption of children;'ancestor', in relation to a person, means any person from whom the

first-mentioned person is descended including a parent of thefirst-mentioned person.".

Review of refusal to register or removal from register14. Section 34 of the Principal Act is amended by omitting sub-section (2).

Authorization of other celebrants

15. Section 39 of the Principal Act is amended-(a) by omitting from sub-section (2) "suitable" and substituting "fit and

proper"; and


(b) by adding at the end the following sub-section:"(4) A person, not being a minister of religion, who is authorized

under sub-section (2) to solemnize marriages is not entitled to demandthe payment, for the solemnization of a marriage by that person, of afee that exceeds the fee prescribed by regulations made under section120 that is applicable to the solemnization of that marriage by thatperson.".

Notice to be given and declaration made16. Section 42 of the Principal Act is amended-

(a) by omitting from paragraph (1) (a) "3 months" and substituting "6months";

(b) by inserting in paragraph (2) (b) "an Australian Diplomatic Officer,an Australian Consular Officer," after "Statutory Declarations Act1959,"; and

(c) by omitting from sub-section (5A) "pre-marital" and substituting"marriage".

17. Section 55 of the Principal Act is repealed and the following section issubstituted:

Solemnization of marriages in Australia by foreign diplomatic or consularofficer

"55. Nothing in this Act prevents the solemnization in Australia of amarriage to which this Division applies by or in the presence of a diplomatic orconsular 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 2of this Part applied, would not be void by reason of a circumstance setout in paragraph 23B (1) (a), (b) or (e).".

Recognition of marriages18. Section 56 of the Principal Act is amended-

(a) by omitting "A marriage" and substituting "Subject to sub-section (2),a marriage"; and

(b) by adding at the end the following sub-section:

"(2) Sub-section (1) does not apply in relation to a marriage where,if the marriage were a marriage to and in relation to which Division 2of this Part applied, the marriage would be void by reason of acircumstance set out in paragraph 23B (1) (d).".

Notice of marriage19. Section 66 of the Principal Act is amended by omitting from

sub-section (6) ", if one of the parties to the intended marriage is not a Britishsubject,".


Notice to become void after 6 months20. Section 67 of the Principal Act is amended by omitting "3 months"

(wherever occurring) and substituting "6 months".

Caveats21. Section 68 of the Principal Act is amended by omitting from

sub-section (1) "and one of the parties to the intended marriage is not a Britishsubject".

Restriction on solemnization of marriages under this Part22. Section 77 of the Principal Act is amended by omitting from

paragraphs (1) (a) and (b) "a British subject" and substituting "an Australiancitizen".

23. After Part V of the Principal Act the following Part is inserted:

"PART VA-RECOGNITION OF FOREIGN MARRIAGES

Object of Part"88A. The object of this Part is to give effect to Chapter II of the

Convention on Celebration and Recognition of the Validity of Marriages signedat The Hague on 14 March 1978.

Interpretation"88B. (1) In this Part, unless the contrary intention appears-'Australia' includes the external Territories;

'local law', in relation to a marriage solemnized in a foreign country, meansthe law in force in the foreign country or in that part of the foreigncountry in which the marriage was solemnized.

"(2) A marriage shall be taken, for the purposes of this Part, to have beensolemnized in a foreign country by or in the presence of a diplomatic orconsular officer of another foreign country if the marriage was solemnized inthe first-mentioned foreign country by or in the presence of a person who wasrecognized by the government of that country as a diplomatic or consularrepresentative of the other foreign country.

"(3) In this Part, a reference to a marriage includes a reference to apurported marriage that is void or voidable but does not include a reference to amarriage solemnized under Part V.

Application of Part"88C. (1) This Part applies to and in relation to every marriage

solemnized, whether before or after the commencement of this Part, in aforeign country where-

(a) under the local law, the marriage was, at the time when it wassolemnized, recognized as valid; or


(b) if the marriage was solemnized by or in the presence of a diplomatic orconsular officer of another foreign country-

(i) under the law of that other foreign country, the marriage was,at the time when it was solemnized, recognized as valid; and

(ii) at the time when it was solemnized, the solemnization of themarriage was not prohibited by the local law.

"(2) Where a marriage (not being a marriage referred to in sub-section(1)) that was solemnized, whether before or after the commencement of thisPart, in a foreign country-

(a) is, at any time in relation to which the validity of the marriage falls tobe determined, recognized as valid under the local law; or

(b) if the marriage was solemnized by or in the presence of a diplomatic orconsular officer of another foreign country and, at the time when it wassolemnized, the solemnization of the marriage was not prohibited bythe local law-is, at any time in relation to which the validity of themarriage falls to be determined, recognized as valid under the law ofthat other foreign country,

this Part applies to and in relation to the marriage from and including that time.

Validity of marriages"88D. (1) Subject to this section, a marriage to which this Part applies

shall be recognized in Australia as valid.

"(2) A marriage to which this Part applies shall not be recognized as validin accordance with sub-section (1) if-

(a) either of the parties was, at the time of the marriage, a party to amarriage with some other person and the last-mentioned marriage was,at that time, recognized in Australia as valid;

(b) where one of the parties was, at the time of the marriage, domiciled inAustralia-either of the parties was not of marriageable age within themeaning of Part II;

(c) the parties are within a prohibited relationship within the meaning ofsection 23B; or

(d) the consent of either of the parties was not a real consent for a reasonset out in sub-paragraph 23B (1) (d) (i), (ii) or (iii).

"(3) Where neither of the parties to a marriage to which this Part applieswas, at the time of the marriage, domiciled in Australia, the marriage shall notbe recognized as valid in accordance with sub-section (1) at any time while thefemale party is under the age of 14 years or the male party is under the age of 16years.

"(4) A marriage solemnized in a foreign country, being a marriage to whichthis Part applies, shall not be recognized as valid in accordance with sub-section(1) at any time while the marriage is voidable-

(a) except in a case to which paragraph (b) applies-under the local law;or


(b) if the marriage was solemnized in a foreign country by or in thepresence of a diplomatic or consular officer of another foreigncountry-under the law of that other foreign country.

"(5) Notwithstanding any other provision of this Part, where-(a). a marriage (in this sub-section referred to as the 'initial marriage') has,

whether before or after the commencement of this Part, beensolemnized in a foreign country;

(b) at the time of the solemnization of the initial marriage, that marriagewas not recognized in Australia as valid;

(c) after the solemnization of the initial marriage, and whether before orafter the commencement of this Part, either party to that marriageentered into another marriage (in this sub-section referred to as the'subsequent marriage'); and

(d) at the time when the subsequent marriage was solemnized-(i) the subsequent marriage was recognized in Australia as valid;

and(ii) the initial marriage was not recognized in Australia as valid,

the initial marriage shall not be recognized at any time in Australia as valid.

Validity of certain marriages not affected by this Part"88E. (1) Subject to sub-section (2), a marriage solemnized in a foreign

country that would be recognized as valid under the common law rules ofprivate international law but is not required by the provisions of this Part apartfrom this sub-section to be recognized as valid shall be recognized in Australiaas valid, and the operation of this sub-section shall not be limited by anyimplication arising from any other provision of this Part.

"(2) Notwithstanding sub-section (1), a marriage of a person domiciled inAustralia, being a marriage solemnized in a foreign country, shall not berecognized in Australia as valid if, at the time of the marriage, either party tothe marriage was not of marriageable age within the meaning of Part II.

"(3) Where a marriage solemnized in a foreign country is not required byvirtue of this Part to be recognized in Australia as valid, this Part shall not betaken to limit or exclude the operation of a provision of any other law of theCommonwealth, or of a law of a State or Territory, that provides, expressly orimpliedly, for such a marriage to be recognized as a valid marriage for thepurposes of the law in which the provision is included.

"(4) This Part shall not be taken to limit or exclude the operation of aprovision of any other law of the Commonwealth, or of a law of a State orTerritory, that deems a union in the nature of a marriage to be a marriage forthe purposes of the law in which the provision is included.

Incidental determination of recognition of certain foreign marriages"88F. Notwithstanding any other law, the question whether a marriage

solemnized in a foreign country is to be recognized in Australia as valid shall be


determined in accordance with the provisions of this Part, whether or not thedetermination of the question is incidental to the determination of anotherquestion.

Evidence"88G. (1) A document purporting to be either the original or a certified

copy of a certificate, entry or record of a marriage alleged to have beensolemnized in, or under the law of, a foreign country and purporting to havebeen issued by-

(a) in the case of a marriage alleged to have been solemnized in a foreigncountry-an authority of that country or of that part of the country inwhich the marriage was allegedly solemnized; or

(b) in the case of a marriage alleged to have been solemnized under thelaw of a foreign country-an authority of that country,

is, for all purposes, primafacie evidence of the facts stated in the document andof the validity of the marriage to which the document relates.

"(2) Sub-section (1) does not apply to or in relation to a document if it isproved that the authority of the foreign country or of the part of a foreigncountry by which the document purports to have been issued was not, at thetime of issue, a competent authority.

"(3) In sub-section (2), 'competent authority' means-(a) in relation to a foreign country-

(i) any authority that is prescribed in relation to that country byregulations made for the purposes of this paragraph; or

(ii) any other authority that is competent, under the law in force inthat country, to issue the original or a certified copy of acertificate, entry or record of a marriage solemnized in, orunder the law of, that country; and

(b) in relation to a part of a foreign country-(i) any authority that is prescribed in relation to that part of that

country by regulations made for the purposes of this paragraph;or

(ii) any other authority that is competent, under the law in force inthat part of that country, to issue the original or a certified copyof a certificate, entry or record of a marriage solemnized in thatpart of that country.".

Legitimation by virtue of marriage of parents24. Section 89 of the Principal Act is amended by omitting sub-section (3)

and substituting the following sub-section:"(3) Sub-section (1) does not apply in relation to a child unless-(a) at the time of the marriage of the child's parents-

(i) where that marriage took place before the commencement ofsection 24 of the Marriage Amendment Act 1985-the child'sfather was domiciled in Australia; or


(ii) in any other case-one of the child's parents was domiciled inAustralia; or

(b) the marriage of the child's parents took place in Australia, or outsideAustralia under Part V of this Act or under the Marriage (Overseas)Act 1955.".

25. (1) Section 90 of the Principal Act is repealed and the followingsection is substituted:

Legitimacy of children of certain foreign marriages"90. (1) Where-(a) the parents of a child born illegitimate have married each other or the

parents of a child born in a place the law of which did not recognize thestatus of illegitimacy have married each other;

(b) the marriage took place outside Australia;(c) neither parent of the child was domiciled in Australia at the time of the

marriagc; and(d) the law of the place where a parent of the child was then domiciled did

not recognize the status of illegitimacy or, if the law of the place wherea parent of the child was then domiciled did recognize that status, thechild was, by that law, legitimated by virtue of the marriage,

the child is for all purposes the legitimate child of his or her parents as from thetime of the marriage or the commencement of section 25 of the MarriageAmendment Act 1985, whichever was the later.

"(2) Where the relationship of a child and his or her father and mother is,for the purposes of the law of a place, required by a law in force in that place tobe determined irrespective of whether or not the father and mother are or havebeen married to each other, the law of that place shall, for the purposes of thissection, be taken not to recognize the status of illegitimacy.

"(3) Sub-section (1) applies in relation to a child-(a) whether the child was born before or after the commencement of

section 25 of the Marriage Amendment Act 1985, whether themarriage of the parents of the child took place before or after thatcommencement and whether or not the child was still living at the timeof the marriage or, in the case of a child born before thatcommencement, at that commencement; and

(b) in the case of a child born illegitimate who, by virtue of the marriage ofthe child's parents, was legitimated by the law of the place where aparent of the child was domiciled at the time of the marriage-whetheror not the law of the place in which that parent or the other parent wasdomiciled at the time of the birth of the child permitted or recognizedlegitimation by subsequent marriage.".

(2) The repeal effected by sub-section (1) does not render ineffective anylegitimation effected before the commencement of this section by section 90 ofthe Marriage Act 1961 as in force, or as amended and in force, at any time


before that commencement, and section 90 of that Act as in force immediatelybefore that commencement continues to operate in relation to such alegitimation.

Operation of certain State and Territory laws26. Section 93 of the Principal Act is amended by adding at the end the

following sub-section:

"(3) Nothing in this Part shall be taken to affect the validity or effect of alaw of a State or Territory (however expressed and whether enacted before orafter the commencement of this sub-section) that operates to require a childborn to a woman as a result of the carrying out of a medical procedure inrelation to the woman-

(a) to be treated as the child of the woman;(b) to be treated as the child of the woman and a particular man; or(c) to be treated as the child of a particular man.".

Solemnizing marriage where notice or declaration not given or made, &c.27. Section 99 of the Principal Act is amended by omitting from

sub-section (5) "(4) of section 33" and substituting "33 (3)".

Formal amendments28. The Principal Act is amended as set out in the Schedule.


SCHEDULE

FORMAL AMENDMENTS

Amendment

Sub-section 2 (1)Sub-section 5 (1

(paragraph (b) odefinition o"'authorizecelebrant")

Sub-section 5 (1(paragraph (c) odefinition o'authorize

celebrant")Sub-section 5 (1

(definition of "thcommencement othis Act")

Paragraph 5 (2) (b)Section 7 ....

Section 9B . . .

Sub-section 9C (2)Sub-section 9E (2)

Section II . . .Sub-section 12 (2)

Sub-section 12 (4)

Sub-section 13 (2)

Sub-section 13 (3)Paragraph 13 (3) (a)Paragraph 13 (3) (b)

Sub-section 13 (4)Paragraph 13 (4) (a)Sub-section 14 (2)

Paragraph 15 (1) (b)

Omit "( 1) of section 5", substitute "5 (1)".) Omit "(1) of section 39", substitute "39 (1)".ffd

) Omit "(2) of section 39", substitute "39 (2)".ffd

) Omit "(1) of section 2", substitute "2 (1)".ef

After "his", insert "or her".* (a) Omit "(2) of section 4", substitute "4 (2)".

(b) Omit "(2) of section 2", substitute "2 (2)".* Omit "he" (wherever occurring), substitute "the

Attorney-General".Omit "he", substitute "the Attorney-General".Omit "he may, by writing under his hand", substitute "the

Attorney-General may, by writing signed by theAttorney-General".

Omit "the next succeeding section", substitute "section 12".(a) Omit "he is".(b) Omit "he" (second and third occurring), substitute "the

Judge or magistrate".(c) After "his", insert "or her".Omit "he may, in his discretion", substitute "the Judge or

magistrate may, in his or her discretion".Omit "the last preceding sub-section", substitute "sub-section

(1)".After "his" (first occurring), insert "or her".Omit "he", substitute "the person".Omit "he subscribes his name", substitute "the person subscribes

his or her name".Omit "he", substitute "the person".After "his", insert "or her".Omit the sub-section, substitute the following sub-section:

"For the purposes of the Schedule, a minor is an adoptedchild if the minor was adopted under the law of a State orTerritory or under the law of any other place.".

After "his", insert "or her".

Provision

Section 28


SCHEDULE-continued

Provision Amendment

Sub-section 15 (3) (a) After "his", insert "or her".(b) After "he", insert "or she".

Sub-section 15 (4) Omit "his" (wherever occurring).

Paragraph 16 (1) (b) Omit "the last preceding section", substitute "section 15".Sub-section 16 (2) Omit "he is".Paragraph 16 (2) (a) (a) Omit "(a) of the last preceding sub-section", substitute

"(1) (a)".(b) Omit "his".

Paragraph 16 (2) (b) (a) Omit "(b) of that sub-section", substitute "(1) (b)".(b) Omit "him to refuse his", substitute "the Judge or

magistrate to refuse".Sub-section 16 (2) Omit "his" (last occurring).Paragraph 16 (2A) (a) Omit "him", substitute "the Judge or magistrate".Sub-section 16 (3) (a) Omit "he", substitute "the magistrate".

(b) After "his", insert "or her".Sub-section 16 (4) (a) Omit "he" (wherever occurring), substitute "the

magistrate".(b) Omit "his" (wherever occurring).(c) Omit "the next succeeding section", substitute "section

17".Sub-section 16 (5) (a) Omit "his" (wherever occurring).

(b) Omit "he", substitute "the Judge or magistrate".

Sub-section 16 (6) Omit "the last preceding sub-section", substitute "sub-section(5)".

Paragraph 17 (1) (a) Omit "(1) or (5) of section 16", substitute"16 (1) or (5)".

Paragraph 17 (1) (b) Omit "(1) of that section", substitute "16 (1)".

Sub-section 17 (2) (a) Omit "(2), (5) and (6) of the last preceding section",substitute "16 (2), (5) and (6)".

(b) Omit "that section", substitute "section 16".Sub-section 19 (2) Omit "the last preceding sub-section", substitute "sub-section

(1)".Section 20 . . . . (a) Omit "the next succeeding section", substitute "section

21".(b) After "his" (wherever occurring), substitute "or her".

Paragraph 21 (2) (b) (a) Omit "under his hand", substitute "signed by the person".(b) Omit "he", substitute "the first-mentioned person".

Section 22 .... Omit "(f) of section 120", substitute "120 (f)".Paragraph 23 (1) (c) Omit the paragraph, substitute the following paragraph:

"(c) by reason of section 48 the marriage is not a validmarriage;".

Sub-section 23 (3) Omit "his adoptive parent, or each of his adoptive parents,",substitute "the adoptive parent, or each of the adoptiveparents, of the child".

Paragraph 23 (5) (b) After "he", insert "or she".Sub-section 25 (2) Omit "he" (wherever occurring), substitute "the person".Section 29 . . . . Omit "he" (wherever occurring), substitute "the person".


SCHEDULE-continued

Provision Amendment

Sub-section 30 (1) Omit "him", substitute "that Registrar".Paragraph 31 (1) (c) After "his", insert "or her".Sub-section 33 (1) Omit "him if he", substitute "that Registrar if he or she".Paragraph 33 (1) (a) After "his", insert "or her".Paragraph 33 (1) (c) Omit "he", substitute "that person".Sub-paragraph

33 (1) (d) (i) After "him", insert "or her".Sub-section 33 (2) Omit "(d) or (e) of sub-section (1)", substitute "(1) (d) or

(e)".Paragraph 33 (2) (a) Omit "he", substitute "the Registrar".Sub-paragraph

33 (2) (a) (i) (a) Omit "his" (first occurring), substitute "the Registrar's".(b) Omit "his" (second occurring), substitute "the person's".

Paragraph 33 (2) (b) Omit "he", substitute "the Registrar".Paragraph 33 (3) (a) (a) -Imit "he", substitute "the person".

(b) Omit "his", substitute "the person's".Paragraphs 33 (3) (b)

and (c) . . . . Omit "his" (wherever occurring), substitute "the person's".Sub-section 34 (3) Omit "(2) of section 27", substitute "27 (2)".Sub-section 34 (5) (a) Omit "(1) of section 30", substitute "sub-section 30 (1)".

(b) Omit "his", substitute "that person's".Paragraph 35 (1) (a) Omit the paragraph, substitute the following paragraph:

"(a) changes his or her name, address or designation; or".Paragraph 35 (1) (b) After "he" (wherever occurring), insert "or she".Sub-section 35 (1) Omit "he" (second last and last occurring), substitute "the

person".Sub-section 35 (2) (a) Omit "the last preceding sub-section", substitute

"sub-section (1)".(b) Omit "he", substitute "the Registrar".

Sub-section 36 (2) (a) Omit "the last preceding sub-section" (whereveroccurring), substitute "sub-section (1)".

(b) Omit "he", substitute "the person".(c) Omit "him", insert "that Registrar".

Paragraph 38 (a) Omit "him", substitute "that Registrar".Paragraph 38 (b) Omit "him", substitute "that Registrar".Sub-section 39 (3) Omit "the last preceding sub-section", substitute "sub-section

(2)".Sub-section 40 (1) Omit "the next succeeding sub-section", substitute "sub-section

(2)".Sub-section 42 (2) Omit "the last preceding sub-section", substitute "sub-section

(1)".Paragraph 42 (2) (b) Omit "the next succeeding sub-section", substitute "sub-section

(3)".Sub-section 42 (4) Omit "his", substitute "that party's".Sub-section 42 (5) (a) Omit "he is" (first occurring).

(b) Omit "his".


SCHEDULE-continued

Amendment

Paragraph 42

Paragraph 42

Paragraph 42Sub-section 42Sub-section 42Sub-section 45

Sub-section 45

Sub-section 46

Sub-section 46

Section 49

Sub-section 50

Sub-section 50

Sub-section 50

Sub-paragraph

(5) (b) (a) Omit "he", substitute "the prescribed authority".(b) After "himself', insert "or herself'.

(8) (a) Omit "he has satisfied himself', substitute "the authorizedcelebrant has satisfied himself or herself'.

(8) (b) Omit "he", substitute "the authorized celebrant".(9) After "his", insert "or her".(10) After "him", insert "or her".(1) After "he", insert "or she".(4) Omit "the last preceding sub-section", substitute "sub-section

(3) ".(1) Omit "the next succeeding sub-section", substitute "sub-section

(2)".(2) (a) Omit "(2) of section 39", substitute "39 (2)".

(b) Omit "he", substitute "the Attorney-General".(c) Omit "him", substitute "that person".(d) Omit "the last preceding sub-section", substitute

"sub-section (1) of this section".

Omit "in his possession until he deals with it in accordance withthe next succeeding section", substitute "in his or herpossession until he or she deals with it in accordance withsection 50".

((1) Omit "he", substitute "the authorized celebrant".(IA) Omit "(b) of sub-section (1)", substitute "(1) (b)".(4) Omit "(a) of sub-section (1)", substitute "(I) (a)".

h After "his", insert "or her".50 (4) (a) (i)

Sub-section 50 (5)Sub-section 50 (6)

Sub-section 51 (1)

Sub-section 51 (2)

Sub-section 51 (2A)

Section 56 . . .Sub-section 57 (4)

Sub-section 58 (2)Sub-section 59 (1)

Sub-section 59 (2)

Paragraph 61 (4) (b)

Omit "he is".Omit "the last preceding sub-section", substitute "sub-section

(5)".(a) Omit "the last preceding section", substitute "section 50".(b) Omit "he", substitute "the authorized officer".(a) Omit "(a) of the last preceding sub-section", substitute

"(1) (a)".(b) Omit "him", substitute "the authorized officer".(a) Omit "him", substitute "the authorized officer".(b) Omit "(4) of section 50", substitute "50 (4)".Omit "the last preceding section", substitute "section 55".Omit "his hand" (wherever occurring), substitute "his or her

signature".Omit "him that he", substitute "the Registrar that he or she".(a) -Omit "he", substitute "the person".(b) Omit "his hand", substitute "his or her signature".Omit "the last preceding sub-section", substitute "sub-section

(1)".

Omit "(3) of section 64", substitute "64 (3)".

Provision


SCHEDULE-continued

Provision Amendment

Paragraph 61 (4) (c) Omit "(2) of section 85", substitute "85 (2)".Sub-section 61 (4) Omit "his hand" (wherever occurring), substitute "his or her

signature".Section 62 . . . . Omit "under his hand", substitute "signed by the

Attorney-General".

Sub-section 63 (2) Omit "1955-1958", substitute "1955".Sub-section 63 (3) After "he", insert "or she".Sub-section 63 (4) Omit "1955-1958" (wherever occurring), substitute "1955".

Sub-section 64 (1) (a) Omit "he", substitute "the person".(b) Omit "his hand", substitute "his or her signature".


Sub-section 64 (3) (a) Omit "he", substitute "the Registrar".(b) Omit "his hand", substitute "his or her signature".



Sub-section 66 (3) Omit "his", substitute "that party's".Sub-section 66 (4) (a) Omit "he is".

(b) Omit "his".Sub-section 66 (6) Omit "his", substitute "the marriage officer's".Sub-section 66 (7) Omit "the last preceding sub-section", substitute "sub-section

(6)".Sub-section 66 (9) Omit "he", substitute "the marriage officer".Sub-section 66 (10) After "his", insert "or her".Sub-section 67 (1) (a) Omit "the next succeeding sub-section", substitute

"sub-section (2)".(b) Omit "the last preceding section", substitute "section 66".

Sub-section 67 (2) (a) Omit "the last preceding sub-section", substitute"sub-section (1)".

(b) Omit "the next succeeding section", substitute "section68".

Sub-section 68 (2) Omit "the last preceding sub-section", substitute "sub-section()".

Sub-section 68 (4) (a) Omit "he" (first occurring), substitute "the marriageofficer".

(b) Omit "he" (last occurring), substitute "the Attorney-General".

(c) After "his", insert. "or her".Section 73 . . . . Omit "the Commonwealth and all the Territories of the

Commonwealth", substitute "Australia and the externalTerritories".

Sub-section 74 (2) Omit "the last preceding sub-section", substitute "sub-section()".


SCHEDULE-continued

Provision

Sub-sectioSection 75

Sub-sectio

Sub-sectio

Sub-sectio

Section 79

Sub-sectioParagraphParagraph

ParagraphSub-sectioSub-sectio

Sub-sectioParagraph

Sub-sectio

Sub-sectio

Sub-sectioSub-sectio



Sub-sectio

Sub-sectio

Amendment

n 74 (3) After "he", insert "or she".... . Omit "he has satisfied himself", substitute "the marriage officer

or chaplain has satisfied himself or herself".n 76 (2) Omit "the last preceding sub-section", substitute "sub-section

(1)".n 78 (1) Omit "the next succeeding sub-section", substitute "sub-section

(2)".n 78 (2) Omit "The last preceding sub-section", substitute "Sub-section

(1)".... . Omit "in his possession until he deals with it in accordance with

the next succeeding section", substitute "in the possession ofthe marriage officer or chaplain until he or she deals with it inaccordance with section 80".

n 80 (1) Omit "he", substitute "the marriage officer or chaplain".80 (4) (a) Omit "(a) of sub-section (1)", substitute "(1) (a)".80 (4) (b) (a) Omit "the last preceding sub-section", substitute

"sub-section (3)".(b) After "his", insert "or her".

80 (4) (c) After "his", insert "or her".n 80 (5) Omit "he is".n 80 (6) Omit "the last preceding sub-section", substitute "sub-section

(5)".

in 80 (7) Omit "him", substitute "the Registrar".80 (9) (b) Omit "under his hand", substitute "signed by the marriage

officer or chaplain".in 80 (10) Omit "the last preceding sub-section", substitute "sub-section

(9)".n 84 (2) Omit "the last preceding sub-section", substitute "sub-section

(i)".n 85 (1) After "he" (wherever occurring), insert "or she".n 85 (2) Omit "him under the last preceding sub-section certified by the

Registrar, under his hand", substitute "the Registrar undersub-section (1) certified by the Registrar, under his or hersignature".

n 89 (1) After "his" (wherever occurring), insert "or her".n 89 (2) (a) Omit "The last preceding sub-section", substitute

"Sub-section (1)".(b) After "his" (wherever occurring), insert "or her".

in 91 (1) After "his" (wherever occurring), insert "or her".n91 (2) (a) Omit "The last preceding sub-section", substitute

"Sub-section (1)".(b) After "his", insert "or her".

in 92 (1) (a) Omit "he" (wherever occurring), substitute "the person".(b) After "his" (wherever occurring), insert "or her".

in 92 (3) Omit the sub-section.


SCHEDULE-continued

Provision Amendment


Paragraph 94 (2) (a) Omit "he believed that his spouse", substitute "the defendantbelieved that his or her spouse".

Paragraph 94 (2) (b) (a) Omit "his spouse had been absent from him", substitute"the defendant's spouse had been absent from thedefendant".

(b) Omit "his spouse" (last occurring), substitute "thedefendant's spouse".

Sub-section 94 (3) (a) Omit "the last preceding sub-section", substitute"sub-section (2)".

(b) Omit "his spouse had been continually absent from him",substitute "the defendant's spouse had been continuallyabsent from the defendant".

(c) Omit "his spouse" (last occurring), substitute "thedefendant's spouse".

(d) Omit "(b) of that sub-section", substitute "(2) (b)".

Sub-section 95 (3) After "he" (wherever occurring), insert "or she".

Sub-section 95 (4) After "he" (first occurring), insert "or she".

Paragraph 95 (4) (a) After "he", insert "or she".

Paragraph 95 (4) (b) Omit "(b) of that sub-section", substitute "(2) (b)".

Sub-section 96 (2) Omit "(i) to (iii) of paragraph (b) of sub-section (5) of section113", substitute "113 (5) (b) (i) to (iii)".

Sub-section 96 (5) (a) Omit "(2A) of section 16", substitute "16 (2A)".

(b) Omit "that section", substitute "section 16".

Section 97 . . . . After "himself', insert "or herself'.

Paragraph 98 (IA) (a) Omit "(i) or (ii) of paragraph (b) of sub-section (1) of section42", substitute "42 (1) (b) (i) or (ii)".

Paragraph 98 (1 A) (b) Omit "(ii) of paragraph (b) of sub-section (1) of section 42",substitute "42 (1) (b) (ii)".

Sub-section 98 (2) (a) After "his", insert "or her".(b) Omit "(3) of section 13", substitute "13 (3)".

Sub-section 99 (6) (a) Omit "(1) of section 113", substitute "113 (1)".(b) Omit "him", substitute "the first-mentioned person".(c) Omit "he", substitute "the first-mentioned person".

Section 100 . . . . Omit "he" (wherever occurring), substitute "the person".

Section 101 . . . . Omit "he", substitute "the person".

Section 102 . . . . Omit "(2) of section 39", substitute "39 (2)".

Paragraph 106 (a) Omit "(3) of section 112", substitute "112 (3)".

Sub-section 107 (1) Omit "1901-1957", substitute "1901".


Sub-section 108 (1) Omit "(1) of section 104", substitute "104 (1)".

Sub-section 108 (2) Omit "(1) of section 104", substitute "104 (1)".

Sub-section 109 (3) Omit "his".


SCHEDULE-continued

Provision Amendment

Paragraph 110 (1) (a) Omit "1955-1958", substitute "1955".Sub-section 110 (2) Omit "1955-1958", substitute "1955".

Sub-section 111 (1) Omit "all the Territories of the Commonwealth", substitute"the external Territories".

Sub-sections 111 (2) Omit the sub-sections, substitute the following sub-sections:and (3) "(2) A person who is, or is deemed to be, as from a particular

time, the legitimate child of that person's parents by virtue ofsection 89, 90 or 91 is, or shall be deemed to be, for allpurposes the legitimate child of that person's parents as fromthat time in the external Territories."(3) The operation of sub-section (2) in relation to a child towhom section 89 or 91 applies is subject to a like qualificationto that provided by sub-section 89 (5) or 91 (4), as the caserequires.".

Sub-section 112 (1) Omit "he", substitute "the person".Sub-section 112 (2) (a) Omit "he" (first occurring), substitute "the person".

(b) Omit "he" (second occurring), substitute "theinterpreter".

(c) After "he" (last occurring), insert "or she".Sub-section 112 (3) (a) Omit "him", substitute "the first-mentioned person".

(b) Omit "his", substitute "the first-mentioned person's".Paragraph 113 (1) (b) (a) Omit "him", insert "the first-mentioned person",

(b) Omit "he", substitute "the first-mentioned person".Sub-section 113 (3) Omit "the last preceding sub-section", substitute "sub-section

(2)".Paragraph 113 (3) (b) (a) After "his", insert "or her".

(b) Omit "(b) of the last preceding sub-section", substitute"(2) (b)".


Sub-section 113 (7) After "his", insert "or her".Sub-section 114 (2) (a) Omit "him", substitute "the registrar".

(b) Omit "he", substitute "the registrar".Sub-section 114 (3) (a) Omit "he", substitute "the registrar".

(b) After "his", insert "or her".Sub-section 114 (4) (a) Omit "he corrects", substitute "correcting".

(b) Omit "him that he", substitute "the registrar that thatperson".

Sub-section 114 (5) Omit "the next succeeding sub-section", substitute"sub-section (6)".

Sub-section 115 (2) Omit "(a) of the last preceding sub-section", substitute"(1) (a)".

Paragraph 115 (2) (a) After "his", insert "or her".Paragraph 115 (2) (b) (a) After "his", insert "or her".

(b) After "he", insert "or she".


SCHEDULE-continued

Provision Amendment

Sub-section 115 (3) (a) Omit "(b) of sub-section (1)", substitute "(1) (b)".(b) After "he", insert "or she".

Sub-section 115 (4) (a) Omit "(a) of sub-section (1)", substitute "(1) (a)".(b) Omit "(b) of that sub-section", substitute "(1) (b)".

Sub-section 116 (1) (a) Omit "him", substitute "the person".(b) After "he", insert "or she".

Sub-section 116 (2) Omit "him, he", substitute "the person, he or she".Sub-section 117 (1) Omit "him", substitute "the first-mentioned person".

Section 119 . . . . Omit the section.

NOTE

1. No. 12, 1961, as amended. For previous amendments, see No. 93, 1966; Nos. 35 and 216,1973; No. 209,1976; and No. 2, 1982.

[Ministers second reading speech made in-Senate on 22 February 1985House of Representatives on 20 March 1985]

Documents

Marriage Amendment Act 1985 - Legislation