Victorian Current Acts Victorian Current ActsNo. 6306 of 1958
Version incorporating amendments as at
1 November 2017
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Version No. 056
No. 6306 of 1958
Version incorporating amendments as at
1 November 2017
Long Title amended by No. 9549 s. 2(1)(Sch. item 11).
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
The Marriage Act 1958 was assented to on 30 September 1958 and came into operation 1 April 1959: Government Gazette 18 March 1959 page 893.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act.
See
section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Marriage Act 1958 by Acts and subordinate instruments.
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Statute Law Revision Act 1959, No. 6505/1959
|
Assent Date: |
5.5.59 |
|
Commencement Date: |
1.4.59: s. 1(2) |
|
Current State: |
All of Act in operation |
Marriage (Fees) Act 1959, No. 6548/1959
|
Assent Date: |
20.10.59 |
|
Commencement Date: |
20.10.59 |
|
Current State: |
All of Act in operation |
Subordinate Legislation Act 1962, No. 6886/1962
|
Assent Date: |
8.5.62 |
|
Commencement Date: |
1.8.62: Government Gazette 4.7.62 p. 2314 |
|
Current State: |
All of Act in operation |
Marriage (Property) Act 1962, No. 6924/1962
|
Assent Date: |
20.11.62 |
|
Commencement Date: |
20.11.62 |
|
Current State: |
All of Act in operation |
Registration of Births Deaths and Marriages (Amendment) Act 1962, No. 6959/1962
|
Assent Date: |
18.12.62 |
|
Commencement Date: |
1.9.63: Government Gazette 21.8.63 p. 2528 |
|
Current State: |
All of Act in operation |
Marriage (Liability in Tort) Act 1968, No. 7668/1968
|
Assent Date: |
9.4.68 |
|
Commencement Date: |
1.6.68: Government Gazette 15.5.68 p. 1806 |
|
Current State: |
All of Act in operation |
Statute Law Revision Act 1971, No. 8181/1971
|
Assent Date: |
23.11.71 |
|
Commencement Date: |
23.11.71 |
|
Current State: |
All of Act in operation |
Status of Children Act 1974, No. 8602/1974
|
Assent Date: |
26.11.74 |
|
Commencement Date: |
1.3.75: Government Gazette 5.2.75 p. 228 |
|
Current State: |
All of Act in operation |
Marriage (Amendment) Act 1977, No. 9002/1977
|
Assent Date: |
10.5.77 |
|
Commencement Date: |
10.5.77: s. 1(3) |
|
Current State: |
All of Act in operation |
Statute Law Revision Act 1977, No. 9059/1977
|
Assent Date: |
29.11.77 |
|
Commencement Date: |
29.11.77: s. 1(2) |
|
Current State: |
This information relates only to the provision/s amending the Marriage Act 1958 |
Age of Majority Act 1977, No. 9075/1977
|
Assent Date: |
6.12.77 |
|
Commencement Date: |
1.2.78: Government Gazette 11.1.78 p. 97 |
|
Current State: |
All of Act in operation |
Imperial Law Re-enactment Act 1980, No. 9407/1980
|
Assent Date: |
20.5.80 |
|
Commencement Date: |
2.7.80: Government Gazette 2.7.80 p. 2257 |
|
Current State: |
All of Act in operation |
Statute Law Revision Act 1980, No. 9427/1980
|
Assent Date: |
27.5.80 |
|
Commencement Date: |
27.5.80: s. 1(2) |
|
Current State: |
This information relates only to the provision/s amending the Marriage Act 1958 |
Statute Law Revision Act 1981, No. 9549/1981
|
Assent Date: |
19.5.81 |
|
Commencement Date: |
19.5.81: s. 1(2) |
|
Current State: |
This information relates only to the provision/s amending the Marriage Act 1958 |
Penalties and Sentences Act 1981, No. 9554/1981
|
Assent Date: |
19.5.81 |
|
Commencement Date: |
S. 2(2)(Sch. 2 item 211) on 1.9.81: Government Gazette 26.8.81 p. 2799 |
|
Current State: |
This information relates only to the provision/s amending the Marriage Act 1958 |
Courts Amendment Act 1986, No. 16/1986
|
Assent Date: |
22.4.86 |
|
Commencement Date: |
S. 30 on 1.7.86: Government Gazette 25.6.86 p. 2180 |
|
Current State: |
This information relates only to the provision/s amending the Marriage Act 1958 |
Supreme Court Act 1986, No. 110/1986
|
Assent Date: |
16.12.86 |
|
Commencement Date: |
1.1.87: s. 2 |
|
Current State: |
All of Act in operation |
Community Services 1987, No. 16/1987
|
Assent Date: |
12.5.87 |
|
Commencement Date: |
S. 4(3)(Sch. 1 item 15) on 22.2.89: Government Gazette 22.2.89 p. 386 |
|
Current State: |
This information relates only to the provision/s amending the Marriage Act 1958 |
County Court (Amendment) Act 1989, No. 19/1989
|
Assent Date: |
16.5.89 |
|
Commencement Date: |
1.8.89: Government Gazette 26.7.89 p. 1858 |
|
Current State: |
All of Act in operation |
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
|
Assent Date: |
14.6.89 |
|
Commencement Date: |
S. 4 (1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 |
|
Current State: |
All of Act in operation |
Commonwealth Powers (Family Law-Children) (Amendment) Act 1997, No. 59/1997
|
Assent Date: |
5.11.97 |
|
Commencement Date: |
S. 8 on 1.11.98: s. 2(3) |
|
Current State: |
This information relates only to the provision/s amending the Marriage Act 1958 |
Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006
|
Assent Date: |
15.8.06 |
|
Commencement Date: |
S. 42(Sch. item 25) on 23.4.07: s. 2(3) |
|
Current State: |
This information relates only to the provision/s amending the Marriage Act 1958 |
Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017, No. 41/2017
|
Assent Date: |
19.9.17 |
|
Commencement Date: |
S. 26 on 1.11.17: s. 2(2) |
|
Current State: |
This information relates only to the provision/s amending the Marriage Act 1958 |
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3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
[1] Pts 1–6: Pts 1–6 were repealed by section 13 of the Registration of Births Deaths and Marriages (Amendment) Act 1962, No. 6959/1962 as a consequence of the Commonwealth Marriage Act 1961 No. 12.
[2] S. 161(2): The amendment proposed by s. 3(Sch. item 130.3(a)–(c)) of the Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989 is not included in this publication as the words "any Judge of" were omitted by s. 16(Sch. item 38.1) of the County Court (Amendment) Act 1989, No. 19/1989.
[3] S. 161(3): The amendments proposed by s. 3(Sch. item 130.4(a)(b)) of the Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989 are not included in this publication as the words "or Judge" and "or he" were omitted by s. 16(Sch. item 38.2(a)(b)) of the County Court (Amendment) Act 1989, No. 19/1989.
[4] S. 161(4)(a): The amendments proposed by s. 3(Sch. item 130.5 (a)–(c)) of the Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989, are not included in this publication as the words "or Judge" and "or him" were omitted by s. 16(Sch. item 38.3(a)–(c)) of the County Court (Amendment) Act 1989, No. 19/1989.
[5] S. 161(4)(b): See note 4.
[6] S. 161(5)(a): The amendments
proposed by s. 3(Sch. item 130.6(a)(b)) of the Magistrates' Court
(Consequential Amendments) Act 1989, No. 57/1989 are not included in
this publication as the words "or Judge",
"or his" were omitted by
s. 16(Sch. item 38.4(a)(b)) of the County Court (Amendment) Act
1989, No. 19/1989.
[7] S. 161(5)(b): See note 6.
[8] S.161(7): The amendment proposed by s. 3(Sch. item 130.8) of the Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989 is not included in this publication as the words "or Judge" were omitted by s. 16(Sch. item 38.6) of the County Court (Amendment) Act 1989, No. 19/1989.
[9] S. 161(8A): The amendment proposed by s. 3(Sch. item 130.9(a)) of the Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989 is not included in this publication as the words "or a judge" were omitted by s. 16(Sch. item 38.7(a)) of the County Court (Amendment) Act 1989, No. 19/1989.
10 S. 161(8A)(b): The amendment proposed by s. 3(Sch. item 130.9(b)) of the Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989 is not included in this publication as the words "or the judge" were omitted by s. 16(Sch. item 38.7(b) of the County Court (Amendment) Act 1989, No. 19/1989.
[11] S. 161(10): The amendment proposed by s. 3(Sch. item 130.10) of the Magistrates' Court (Consequential Amendments) Act 1989 No. 57/1989 is not included in this publication as the words "or Judge" were omitted by s. 16(Sch. item 38.9) of the County Court (Amendment) Act 1989, No. 19/1989.