Commonwealth Consolidated Acts

MARRIAGE ACT 1961 - SECT 95

  (1)   A person shall not go through a form or ceremony of marriage with a person who is not of marriageable age.

Penalty:   Imprisonment for 5 years.

  (1A)   For the purposes of an offence against subsection   ( 1), strict liability applies to the physical element of circumstance, that the person is not of marriageable age.

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (2)   A person shall not go through a form or ceremony of marriage with a perso n   ( in this subsection referred to as the other party to the marriage ) who is a minor unless:

  (a)   the other party to the marriage has previously been married; or

  (b)   the written consent of the person, or of each of the persons, whose consent to the marriage of the other party to the marriage is required by this Act, has been given or dispensed with in accordance with this Act.

Penalty:   Imprisonment for 6 months or 5 penalty units .

  (2A)   For the purposes of an offence against subsection   ( 2), strict liability applies to the physical element of circumstance, that the other party to the marriage is a minor.

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (3)   It is a defence to a prosecution for an offence against subsection   ( 1) if the defendant proves that he or she believed on reasonable grounds that the person with whom he or she went through the form or ceremony of marriage was of marriageable age.

  (3A)   To avoid doubt, section   9.2 of the Criminal Code (mistake of fact) does not apply in relation to the matters mentioned in subsection   ( 3).

  (4)   It is a defence to a prosecution for an offence against subsection   ( 2) if the defendant proves that he or she believed on reasonable grounds:

  (a)   that the person with whom he or she went through the form or ceremony of marriage had attained the age of 18 years or had previously been married; or

  (b)   that the consent of the person, or of each of the persons, referred to in paragraph   ( 2)(b) had been given or dispensed with in accordance with this Act.

  (5)   To avoid doubt, section   9.2 of the Criminal Code (mistake of fact) does not apply in relation to the matters mentioned in subsection   ( 4).