Commonwealth Consolidated Acts

MARRIAGE ACT 1961 - SECT 17

  (1)   Where:

  (a)   an application to a magistrate under subsection   16(1) or (5) is refused; or

  (b)   an application to a magistrate under subsection   16(1) is granted;

the applicant or the person in relation to whose consent the application was made, as the case requires, may, in the prescribed manner and within the prescribed time, request that the application be re - heard by a Judge in the State or Territory in which it was heard, and a Judge may re - hear the application accordingly.

  (2)   The provisions of subsections   16(2), (5) and (6) apply, so far as they are applicable, in relation to the re - hearing of an application made under section   16 and, for the purpose of such a re - hearing, references in those provisions to the magistrate dealing with an application shall be read as references to the Judge re - hearing the application.