Commonwealth Consolidated Acts

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MARRIAGE ACT 1961 - SECT 85

Certificates of marriages solemnised in accordance with local law in an overseas country

  (1)   Where:

  (a)   a marriage takes place in a prescribed overseas country in accordance with the law of that country between parties of whom one at least is an Australian citizen or a member of the Defence Force;

  (b)   a party to the marriage who is an Australian citizen or a member of the Defence Force produces to an authorised celebrant in the country in which the marriage was solemnised:

  (i)   a copy of the entry in respect of the marriage in the marriage register of that country certified by the appropriate authority in that country to be a true copy of that entry; and

  (ii)   if the copy of that entry is not in the English language--a translation into the English language of that copy; and

  (c)   the authorised celebrant is satisfied that the copy of the entry in the marriage register is a true copy and that the translation, if any, is a true translation;

the authorised celebrant shall certify, upon the copy, that he or she is satisfied that the copy is a true copy of the entry in the marriage register and, upon the translation, that he or she is satisfied that the translation is a true translation of the copy and shall transmit the copy and the translation to the Registrar.

  (2)   The Registrar shall, upon payment of the prescribed fee, issue to a person who so desires a copy of any document received by the Registrar under subsection   (1) certified by the Registrar, under his or her signature and seal, to be a true copy of that document.

  (3)   A document relating to a marriage in an overseas country transmitted in pursuance of section   26 of the Marriage (Overseas) Act 1955 and received by the Registrar of Overseas Marriages appointed under that Act shall, for the purposes of this section, be deemed to have been, in pursuance of this section, transmitted to, and received by, the Registrar of Overseas Marriages appointed, or deemed to have been appointed, under this Act.

  (4)   A document relating to a marriage in an overseas country issued under subsection   (2) is admissible in evidence in any proceedings as if it were a certificate duly issued by the authorities of that country.



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