Australian Capital Territory Numbered Acts

MARRIAGE EQUALITY (SAME SEX) ACT 2013 (NO. 39 OF 2013) - SECT 19

    (1)     This Act does not prevent 2 people who are already parties to a valid marriage under this Act with each other from going through a religious ceremony of marriage under this Act with each other if the people have—

        (a)     given to the person by whom the ceremony is to be performed a certificate of their existing marriage under this Act; and

        (b)     given that person a statement in writing, signed by them and witnessed by that person, that—

              (i)     they have previously gone through a form or ceremony of marriage under this Act with each other; and

              (ii)     they are the parties mentioned in the certificate of marriage under this Act produced with the statement; and

              (iii)     they have no reason to believe that they are not parties to a marriage under this Act with each other.

    (2)     The following provisions do not apply in relation to a religious ceremony of marriage under this Act performed in accordance with this section:

        (a)     section 9 (Notice of intention to marry under this Act);

        (b)     section 15 (Marriage certificates under this Act—general);

        (c)     section 20 (Incorrect marriage certificate under this Act);

        (d)     section 21 (Grounds on which marriage under this Act is void).

    (3)     The person who performs the religious ceremony must not—

        (a)     prepare or give a certificate of marriage under this Act in relation to the ceremony; or

        (b)     give any other document to the parties in relation to the ceremony unless the parties are described in the document as already being parties to a valid marriage under this Act with each other.

    (4)     A minister of religion is not required to make a place (for example a church or other place of public worship) available for the religious ceremony.

Note 1     A person does not commit an offence against s 41 (1) only because the person performed a religious ceremony of marriage under this Act under this section (see s 41 (2)).

Note 2     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).