Document ID: chunk:federal_register_of_legislation:C2024C00853:clause:1_42:p3
Version: federal_register_of_legislation:C2024C00853
Segment Type: clause
Provision Reference: sch 1 cl 42 (pt 3/3)
Character Range: 93796–95835

given to an authorised celebrant under this section; and
 (b) either:
 (i) because of the death, absence or illness of the authorised celebrant, or for any other reason, it is impracticable for that person to solemnise the marriage; or
 (ii) the parties to the intended marriage have requested the authorised celebrant to give the notice to another authorised celebrant;
the marriage may be solemnised by another authorised celebrant who has possession of the notice.
 (7) The declarations of the parties required by subsection (1) shall both be written on the one paper and on the same side of that paper.
 (8) An authorised celebrant shall not solemnise a marriage:
 (a) unless the authorised celebrant has satisfied himself or herself that the parties are the parties referred to in the notice given under this section in relation to the marriage; or
 (b) if the authorised celebrant has reason to believe that:
 (i) a notice given under this section; or
 (ii) a declaration made and subscribed under this section, or a statutory declaration made for the purposes of this section;
in relation to the marriage, contains a false statement or an error or is defective.
 (9) An authorised celebrant:
 (a) may permit an error in a notice under this section to be corrected by either of the parties:
 (i) under the observation (whether or not by means of a facility that enables audio and visual communication between persons in different places) of the authorised celebrant, if the authorised celebrant is in Australia; and
 (ii) at any time before the marriage to which it relates has been solemnised; and
 (b) may treat the corrected notice as having been originally given in its corrected form.
 (10) Where the declaration made by a party under subsection (1) states that that party is a divorced person or that that party's last spouse has died, an authorised celebrant shall not solemnise the marriage unless there is produced to him or her evidence of that party's divorce, or of the death of that party's spouse, as the case requires.