Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) A marriage under this Act is void if—
(a) either party did not meet the eligibility criteria under section 7 (Eligibility for marriage under this Act) when the marriage was entered into; or
(b) the marriage was solemnised other than in accordance with part 2 (Marriages under this Act); or
(c) either party did not freely enter into the marriage because—
(i) the party's agreement to enter into the marriage was obtained by duress or fraud; or
(ii) the party was mistaken about the identity of the other party or the nature of the ceremony performed; or
(iii) the party was mentally incapable of understanding the nature and effect of the marriage.
(2) However, a marriage mentioned in subsection (1) (b) is not void—
(a) only because a requirement of section 9 (Notice of intention to marry under this Act) was not complied with; or
(b) only because the person to whom the parties
gave notice under section 9 , or who solemnised the marriage, was not an
authorised celebrant if either party believed, when giving the notice or when
the marriage was solemnised, that the person was an authorised celebrant.