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MARRIAGE ACT 1961 - SECT 5 Interpretation
(1)
In this Act, unless the contrary intention appears:
Ambassador includes Minister, Head of Mission and
Chargé d'Affaires.
approved organization means an organization approved or deemed to
be approved under Part IA.
artificial conception procedure includes:
(a)
artificial insemination; and
(b)
the implantation of an embryo in the body of a woman.
Australia includes Norfolk Island.
Australian Consular Officer and Australian Diplomatic
Officer have the same respective meanings as in the Consular Fees
Act 1955.
authorized celebrant means:
(a)
a minister of religion registered under Subdivision A of Division 1
of Part IV; or
(b)
a person authorized to solemnize marriages by virtue of Subdivision B of
Division 1 of Part IV; or
(c)
a marriage celebrant.
chaplain means a chaplain in the Defence Force.
Consul includes Consul-General, Vice-Consul, Pro-Consul and
Consular Agent.
Family Court of a State means a Family Court of a State that has
jurisdiction under the Family Law Act 1975 by virtue of a Proclamation
under section 41 of that Act.
Judge, in relation to the performance of a function under this
Act in a State or Territory, means a person who is:
(a)
a Judge of the Family Court of Australia, or a Federal Magistrate of the
Federal Magistrates Court, who is appointed by the Minister to be a person
authorized to perform that function;
(b)
a Judge of a court of that State in respect of whom an appropriate
arrangement in force under section 9 is applicable; or
(c)
a Judge of the Supreme Court of that Territory.
magistrate means:
(a)
in relation to a State—a person who holds office as a Chief, Police,
Stipendiary, Resident or Special Magistrate of the State and in respect of whom
an appropriate arrangement in force under section 9 is applicable; and
(b)
in relation to a Territory—a person who holds office as a Chief, Police,
Stipendiary, Resident or Special Magistrate of the Territory.
marriage means the union of a man and a woman to the exclusion of
all others, voluntarily entered into for life.
marriage celebrant means a person registered under Subdivision C
of Division 1 of Part IV.
minister of religion means:
(a)
a person recognized by a religious body or a religious organization as
having authority to solemnize marriages in accordance with the rites or customs
of the body or organization; or
(b)
in relation to a religious body or a religious organization in respect of
which paragraph (a) is not applicable, a person nominated by:
(i)
the head, or the governing authority, in a State or Territory, of that
body or organization; or
(ii)
such other person or authority acting on behalf of that body or
organization as is prescribed;
to be an authorized celebrant for the purposes of this Act.
minor means a person who has not attained the age of 18 years.
overseas country means a country or place other than a part of
the Queen's dominions, and, in Part V, includes a vessel which is for the
time being in the territorial waters of such a country or place.
prescribed authority means:
(a)
in relation to a marriage proposed to be solemnized in Australia—a
person, being an officer or employeeof the Commonwealth, a State or a
Territory, appointed by the Minister to be a prescribed authority;
(c)
in relation to a marriage proposed to be solemnized in accordance with
Division 3 of Part V—a chaplain.
recognized denomination means a religious body or a religious
organization in respect of which a Proclamation under section 26 is in
force.
Territory means:
(a)
the Australian Capital Territory; or
(b)
the Northern Territory; or
(c)
Norfolk Island; or
(d)
the Territory of Christmas Island; or
(e)
the Territory of Cocos (Keeling) Islands.
the commencement of this Act means the time of commencement of
the provisions other than the provisions referred to in subsection 2(1).
the Queen's dominions includes a British protectorate and a
British protected State.
(2)
Where:
(a)
a marriage is solemnized in the presence of a person, being a person in
whose presence a marriage may, in accordance with this Act, be lawfully
solemnized; and
(b)
that person consents to the marriage being solemnized in his or her
presence;
that person shall, for the purposes of this Act, be deemed to solemnize the
marriage.
(3)
Any appointment or authorization under this Act may be an appointment or
authorization of:
(a)
a named person only; or
(b)
every person from time to time holding or acting in a specified office of
the Commonwealth or of a State or Territory.