New South Wales Consolidated Acts New South Wales Consolidated ActsWhosoever, being married, marries another person during the life of the former
spouse (including husband or wife), shall be liable to imprisonment for seven
years--
Provided that no person shall be convicted under this section whose spouse
(including husband or wife) has at the time of such second marriage been
continually absent from such person for the space of seven years, or, if
domiciled in New South Wales at the time of the first marriage, has been
continually absent from New South Wales for the space of five years then last
past, and was, on reasonable grounds, believed by the accused at the time of
the second marriage not to be living, of which facts the proof shall lie on
the accused.
Editorial note : See Marriage Act 1961 (Commonwealth), section 94.