Commonwealth Consolidated Acts

MARRIAGE ACT 1961 - SECT 13

  (1)   Subject to this Part, where a party to an intended marriage, not having previously been married, is a minor, the marriage shall not be solemnise d unless there is produced to the person by whom or in whose presence the marriage is solemnise d:

  (a)   in respect of each person whose consent is required by this Act to the marriage of the minor, not being a person to whom paragraph   ( b) is applicable:

  (i)   the consent in writing of that person, duly witnessed and dated not earlier than 3 months before the date on which the marriage is solemnise d or, in such cases as are prescribed, such other evidence that the consent of that person to the intended marriage has been given not earlier than that time as the regulations declare to be sufficient for the purposes of this section; or

  (ii)   an effective consent in writing of a magistrate or a Judge under this Part   i n place of the consent of that person; and

  (b)   in respect of any person whose consent to the marriage of the minor has been dispensed with by a prescribed authority--the dispensation in writing signed by the prescribed authority.

  (2)   For the purposes of subsection   ( 1), the consent of a person is only duly witnessed if the signature of that person was witnessed:

  (a)   if the consent is signed in Australia --by one of the following persons:

  (i)   an authorised celebrant;

  (ii)   a Commissioner for Declarations under the Statutory Declarations Act 1959 ;

  (iii)   a justice of the peace;

  (iv)   a barrister or solicitor;

  (v)   a medical practitioner;

  (vi)   a member of the Australian Federal Police or the police force of a State or Territory; or

  (b)   if the consent is signed in any other place--by one of the following persons:

  (i)   an Australian Diplomatic Officer;

  (ii)   an Australian Consular Officer;

  (iii)   a minister of religion of that place;

  (iv)   a judge of a court of that place;

  (v)   a magistrate or justice of the peace of or for that place;

  (vi)   a notary public;

  (vii)   an employee of the Commonwealth authorised under paragraph   3(c) of the Consular Fees Act 1955 ;

  (viii)   an employee of the Australian Trade and Investment Commission authorised under paragraph   3(d) of the Consular Fees Act 1955 .

  (3)   A person shall not subscribe his or her name as a witness to the signature of a person to a consent to a marriage unless:

  (a)   the person is satisfied on reasonable grounds as to the identity of that person; and

  (b)   the consent bears the date on which the person subscribes his or her name as a witness.

  (4)   A person shall not solemnise a marriage if the person has reason to believe that:

  (a)   a person whose consent in writing to the marriage of one of the parties is or has been produced for the purposes of this section has revoked his or her consent;

  (b)   the signature of a person to a consent produced for the purposes of this section is forged or has been obtained by fraud;

  (c)   a consent produced for the purposes of this section has been altered in a material particular without authority; or

  (d)   a dispensation with the consent of a person that has been produced in relation to the marriage has ceased to have effect.