Commonwealth Numbered Regulations Commonwealth Numbered RegulationsNote: See section 72.
1 Employment-related or other travel commitments
(1) The marriage should be solemnised despite the required notice not having been received in time because a party to the marriage or someone involved with the proposed wedding:
(a) has employment commitments that require the party's absence from the location of the proposed wedding for a considerable period of time; or
(b) has other travel commitments.
Example 1: A party to the marriage has accepted an offer of employment for imminent transfer or posting overseas or to a part of Australia distant from the location of the proposed wedding for at least 3 months, and wishes to be married with the party's family and friends present before the departure.
Example 2: A party to the marriage realises that a close relative or friend of the party is in Australia but the relative or friend has a non-redeemable ticket for departure from Australia within less than a month, and the party wishes the relative or friend to be present at the wedding.
(2) In determining whether a circumstance in subclause (1) is met, the prescribed authority may take into account the following:
(a) documents relating to the employment commitments of a party to the marriage such as a letter of offer and a letter of acceptance;
(b) documents relating to the travel of a person such as a dated receipt or a ticket;
(c) any explanation provided for not giving the notice sooner;
(d) any explanation provided for not postponing the proposed wedding;
(e) whether hardship would be caused to a party to the marriage if the marriage is not solemnised as proposed;
(f) any other matter that the prescribed authority considers relevant.
2 Wedding or celebration arrangements
(1) The marriage should be solemnised despite the required notice not having been received in time because of:
(a) the binding nature of the wedding arrangements or celebration arrangements made in connection with the marriage; or
(b) any religious consideration.
Example: Arrangements and non-refundable payments of a considerable sum have been made for the proposed wedding, or for any celebration associated with the marriage, and the date for the wedding or celebration cannot be changed.
(2) In determining whether a circumstance in subclause (1) is met, the prescribed authority may take into account the following:
(a) documents showing the extent of preparations for the proposed wedding, such as receipts showing dates and amounts of payments connected with the wedding;
(b) in the case of a religious consideration--the nature of the consideration;
(c) any explanation provided for not giving the notice sooner;
(d) any explanation provided for not postponing the proposed wedding;
(e) whether hardship would be caused to a party to the marriage if the marriage is not solemnised as proposed;
(f) any other matter that the prescribed authority considers relevant.
(1) The marriage should be solemnised despite the required notice not having been received in time because a party to the marriage, or someone involved with the proposed wedding, is suffering from a medical condition of a serious nature.
Example: A party to the marriage, or a parent or close relative of the party, has a serious illness that will prevent the person from attending the wedding unless it is held in less than a month.
(2) In determining whether the circumstance in subclause (1) is met, the prescribed authority may take into account the following:
(a) a letter from a medical practitioner or other health professional confirming the relevant health circumstances of a party to the marriage or a person involved with the proposed wedding;
(b) any explanation provided for not giving the notice sooner;
(c) any other matter that the prescribed authority considers relevant.
(1) The marriage should be solemnised despite the required notice not having been received in time because a party to the marriage is involved in a legal proceeding.
Example: A party to the marriage is subject to a pending court proceeding, and is at risk of imprisonment.
(2) In determining whether the circumstance in subclause (1) is met, the prescribed authority may take into account the following:
(a) a sealed copy of any applicable court order;
(b) a letter from the party's solicitor stating the dates and nature of a pending court proceeding;
(c) any explanation provided for not giving the notice sooner;
(d) any explanation provided for not postponing the proposed wedding;
(e) whether hardship would be caused to a party to the marriage if the marriage is not solemnised as proposed;
(f) any other matter that the prescribed authority considers relevant.
(1) The marriage should be solemnised despite the required notice not having been received in time because:
(a) it was due only to error on the part of an authorised celebrant (or a person the parties to the marriage believed to be an authorised celebrant) that:
(i) the notice was not given; or
(ii) the notice given was invalid; or
(iii) a notice given earlier was lost; and
(b) arrangements have been made for the proposed wedding to take place within less than one month.
Example 1: The parties have given significant notice to the authorised celebrant orally, and arrangements for the proposed wedding have been made, but written notice was not given in the required time because the authorised celebrant failed to explain the notice requirements properly.
Example 2: The parties have given written notice in the required time, and arrangements for the proposed wedding have been made, but the notice is invalid because the person to whom the notice was given was not yet registered as a marriage celebrant.
Example 3: The parties gave written notice in the required time, and arrangements for celebrations have been made to follow the marriage ceremony, but the original notice was lost by the authorised celebrant and the replacement notice was not given in the required time.
(2) In determining whether the circumstance in subclause (1) is met, the prescribed authority may take into account the following:
(a) documents confirming why the notice was not given, such as a letter confirming an earlier interview between the authorised celebrant and the parties to the marriage;
(b) a letter from the person to whom the notice was given explaining why the notice was invalid or lost;
(c) documents showing the arrangements made in connection with the proposed wedding;
(d) any other matter that the prescribed authority considers relevant.