Commonwealth Consolidated Regulations

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MARRIAGE REGULATIONS 1963 - REG 7

Consent of parent etc to marriage of minor

         (1)   A consent of a person whose consent is required by the Act to the marriage of a minor shall:

                (a)    state the full name and address of the person giving the consent;

               (b)    state or otherwise indicate the capacity in which the person's consent is required;

                (c)    state the full name of the minor; and

               (d)    state the full name and address of the other party to the marriage.

         (2)   Where a consent does not contain all the particulars required by paragraphs (a), (c) and (d) of the last preceding subregulation but identifies the person giving it and the parties to the marriage to which it relates, the consent shall be deemed to comply with those paragraphs.

         (3)   Subject to subregulation (4), where a celebrant solemnizes the marriage of a minor and a document was produced to the celebrant as the consent of a person whose consent to the marriage of the minor is required by the Act, the celebrant shall, by writing under his hand written on the consent, state the manner in which he satisfied himself that the person who gave the consent is a person whose consent to the marriage of the minor is so required.

Penalty:   1 penalty unit.

         (4)   Subregulation (3) does not apply:

                (a)    to or in relation to the consent of a Judge, a magistrate or a prescribed authority under Part II of the Act; or

               (b)    if the consent of both parents of the minor was produced to the celebrant.

         (5)   Subregulation (1) of this regulation does not apply to the consent of a Judge or magistrate under Part II of the Act.

         (6)   An offence against subregulation (3) is an offence of strict liability.

Note    For strict liability , see section 6.1 of the Criminal Code .



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