Document ID: chunk:federal_register_of_legislation:F2024C01004:clause:3_5
Version: federal_register_of_legislation:F2024C01004
Segment Type: clause
Provision Reference: sch 3 cl 5
Character Range: 104135–106019

5  Error in giving notice
 (1) The marriage should be solemnised despite the required notice not having been received in time because:
 (a) it was due only to error on the part of an authorised celebrant (or a person the parties to the marriage believed to be an authorised celebrant) that:
 (i) the notice was not given; or
 (ii) the notice given was invalid; or
 (iii) a notice given earlier was lost; and
 (b) arrangements have been made for the proposed wedding to take place within less than one month.
Example 1: The parties have given significant notice to the authorised celebrant orally, and arrangements for the proposed wedding have been made, but written notice was not given in the required time because the authorised celebrant failed to explain the notice requirements properly.
Example 2: The parties have given written notice in the required time, and arrangements for the proposed wedding have been made, but the notice is invalid because the person to whom the notice was given was not yet registered as a marriage celebrant.
Example 3: The parties gave written notice in the required time, and arrangements for celebrations have been made to follow the marriage ceremony, but the original notice was lost by the authorised celebrant and the replacement notice was not given in the required time.
 (2) In determining whether the circumstance in subclause (1) is met, the prescribed authority may take into account the following:
 (a) documents confirming why the notice was not given, such as a letter confirming an earlier interview between the authorised celebrant and the parties to the marriage;
 (b) a letter from the person to whom the notice was given explaining why the notice was invalid or lost;
 (c) documents showing the arrangements made in connection with the proposed wedding;
 (d) any other matter that the prescribed authority considers relevant.