Document ID: chunk:federal_register_of_legislation:C2024C00853:clause:1_42:p1
Version: federal_register_of_legislation:C2024C00853
Segment Type: clause
Provision Reference: sch 1 cl 42 (pt 1/3)
Character Range: 88871–91510

42  Notice to be given and declaration made
 (1) Subject to this section, a marriage shall not be solemnised unless:
 (a) notice in writing of the intended marriage has been given in accordance with this section and has been received by the authorised celebrant solemnising the marriage not earlier than 18 months before the date of the marriage and not later than 1 month before the date of the marriage;
 (b) there has been produced to that authorised celebrant, in respect of each of the parties:
 (i) an official certificate, or an official extract of an entry in an official register, showing the date and place of birth of the party; or
 (iii) a passport issued by a government of an overseas country, showing the date and place of birth of the party; or
 (iv) an Australian passport, showing the date and place of birth of the party; or
 (v) if it is impracticable for the party to obtain a certificate or official extract referred to in subparagraph (i) and the party does not have a current passport referred to in subparagraph (iii) or (iv)—a statutory declaration made by the party or a parent of the party stating that, for reasons specified in the declaration, it is impracticable to obtain a certificate or official extract referred to in subparagraph (i) and stating, to the best of the declarant's knowledge and belief and as accurately as the declarant has been able to ascertain, when and where the party was born; and
 (c) each of the parties has made and subscribed in the physical presence of that authorised celebrant a declaration, in writing, as to:
 (i) the party's conjugal status;
 (ii) the party's belief that there is no legal impediment to the marriage; and
 (iii) such other matters as are prescribed.
 (2) A notice under subsection (1):
 (a) must contain such particulars in relation to the parties as are prescribed; and
 (b) must be signed by each of the parties; and
 (c) if a party signs the notice in Australia—must be signed under the observation (whether or not by means of a facility that enables audio and visual communication between persons in different places) of one of the following, who must also be in Australia:
 (i) an authorised celebrant;
 (ii) a Commissioner for Declarations under the Statutory Declarations Act 1959;
 (iii) a justice of the peace;
 (iv) a barrister or solicitor;
 (v) a medical practitioner;
 (vi) a member of the Australian Federal Police or the police force of a State or Territory; and
 (d) if a party signs the notice outside Australia—must be signed under the observation (whether or not by means of a facility that enables audio and visual communication between