Commonwealth Consolidated Acts

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MARRIAGE ACT 1961 - SECT 5

Interpretation

             (1)  In this Act, unless the contrary intention appears:

"Ambassador" includes Minister, Head of Mission and Chargé d'Affaires .

"approved organisation" means an organisation approved or deemed to be approved under Part IA.

"artificial conception procedure" includes:

                     (a)  artificial insemination; and

                     (b)  the implantation of an embryo in the body of a woman.

"Australia" includes Norfolk Island.

"Australian Consular Officer and Australian Diplomatic Officer" have the same respective meanings as in the Consular Fees Act 1955 .

"authorised celebrant" means:

                     (a)  in relation to a marriage proposed to be solemnised in Australia:

                              (i)  a minister of religion registered under Subdivision A of Division 1 of Part IV; or

                             (ii)  a person authorised to solemnise marriages under Subdivision B of Division 1 of Part IV; or

                            (iii)  a marriage celebrant; or

                            (iv)  a religious marriage celebrant; or

                     (b)  in relation to a marriage proposed to be solemnised in accordance with Division 3 of Part V:

                              (i)  a chaplain; or

                             (ii)  an officer (within the meaning of the Defence Act 1903 ), other than a chaplain, authorised by the Chief of the Defence Force under section 71A to solemnise marriages under that Division.

"celebrant registration charge" : see subsection 39FA(1).

"chaplain" means a chaplain in the Defence Force.

"charge payment day" : see subsection 39FA(2).

"Consul" includes Consul-General, Vice-Consul, Pro-Consul and Consular Agent.

"Family Court of a State" means a Family Court of a State that has jurisdiction under the Family Law Act 1975 by virtue of a Proclamation under section 41 of that Act.

"Judge" , in relation to the performance of a function under this Act in a State or Territory, means a person who is:

                     (a)  a Judge of the Family Court of Australia, or a Judge of the Federal Circuit Court of Australia, who is appointed by the Minister to be a person authorised to perform that function;

                     (b)  a Judge of a court of that State in respect of whom an appropriate arrangement in force under section 9 is applicable; or

                     (c)  a Judge of the Supreme Court of that Territory.

"magistrate" means:

                     (a)  in relation to a State--a person who holds office as a Chief, Police, Stipendiary, Resident or Special Magistrate of the State and in respect of whom an appropriate arrangement in force under section 9 is applicable; and

                     (b)  in relation to a Territory--a person who holds office as a Chief, Police, Stipendiary, Resident, Special Magistrate or Judge, or acting Judge, of a Local Court of the Territory.

"marriage" means the union of 2 people to the exclusion of all others, voluntarily entered into for life.

"marriage celebrant" means a person registered under Subdivision C of Division 1 of Part IV.

"minister of religion" means:

                     (a)  a person recognised by a religious body or a religious organisation as having authority to solemnise marriages in accordance with the rites or customs of the body or organisation; or

                     (b)  in relation to a religious body or a religious organisation in respect of which paragraph (a) is not applicable, a person nominated by:

                              (i)  the head, or the governing authority, in a State or Territory, of that body or organisation; or

                             (ii)  such other person or authority acting on behalf of that body or organisation as is prescribed;

                            to be an authorised celebrant for the purposes of this Act.

"minor" means a person who has not attained the age of 18 years.

"overseas country" means a country or place other than a part of the Queen's dominions, and, in Part V, includes a vessel which is for the time being in the territorial waters of such a country or place.

"prescribed authority" means:

                     (a)  in relation to a marriage proposed to be solemnised in Australia--a person, being an officer or employee of the Commonwealth, a State or a Territory, appointed by the Minister to be a prescribed authority;

                     (c)  in relation to a marriage proposed to be solemnised in accordance with Division 3 of Part V--a chaplain or an officer (within the meaning of the Defence Act 1903 ), other than a chaplain, authorised by the Chief of the Defence Force under section 71A to solemnise marriages under that Division.

"recognised denomination" means a religious body or a religious organisation in respect of which a Proclamation under section 26 is in force.

"religious marriage celebrant" means a person identified as a religious marriage celebrant on the register of marriage celebrants under Subdivision D of Division 1 of Part IV.

"Territory" means:

                     (a)  the Australian Capital Territory; or

                     (b)  the Northern Ter ritory; or

                     (c)  Norfolk Island; or

                     (d)  the Territory of Christmas Island; or

                     (e)  the Territory of Cocos (Keeling) Islands.

"the commencement of this Act" means the time of commencement of the provisions other than the provisions referred to in subsection 2(1).

"the Queen's dominions" includes a British protectorate and a British protected State.

             (2)  Where:

                     (a)  a marriage is solemnised in the presence of a person, being a person in whose presence a marriage may, in accordance with this Act, be lawfully solemnised; and

                     (b)  that person consents to the marriage being solemnised in his or her presence;

that person shall, for the purposes of this Act, be deemed to solemnise the marriage.

             (3)  Any appointment or authorisation under this Act may be an appointment or authorisation of:

                     (a)  a named person only; or

                     (b)  every person from time to time holding or acting in a specified office of the Commonwealth or of a State or Territory.



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