Commonwealth Numbered Regulations

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MARRIAGE REGULATIONS 2017 (F2017L01359) - REG 14

Consent by Judge or magistrate to marriage of minor

             (1)  An application under subsection 16(1) of the Act for the consent of a Judge or magistrate to a proposed marriage of a minor in place of the consent of a person must:

                     (a)  be in writing and be lodged with the Judge or magistrate; and

                     (b)  unless it is impracticable to obtain the minor's birth certificate--be accompanied by the minor's birth certificate; and

                     (c)  if a prescribed authority has refused under section 15 of the Act to dispense with the consent of the person to the proposed marriage--be accompanied by the notice given under paragraph 13(2)(a); and

                     (d)  if consent to the proposed marriage has been given by, or in place of, any other person whose consent to the proposed marriage is required by the Act--be accompanied by the consent; and

                     (e)  if that consent is written in a language other than English--be accompanied by a translation of the consent into English that complies with section 11; and

                      (f)  if an application under section 16 of the Act, or a request under section 17 of the Act, was previously made in relation to the proposed marriage of the minor (other than an application or request that was withdrawn)--state:

                              (i)  the name of the Judge or magistrate who made the decision on the previous application or request; and

                             (ii)  the date and details of the decision.

             (2)  An application under subsection 16(5) of the Act made to a Judge or magistrate must be in writing and be lodged with the Judge or magistrate.

             (3)  An application under subsection 16(5) of the Act may be joined with an application under subsection 16(1) of the Act.

             (4)  The consent of a Judge or magistrate given under subsection 16(1) or (5) of the Act must be in writing.



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