Document ID: chunk:federal_register_of_legislation:C2024C00630:section:40:p2
Version: federal_register_of_legislation:C2024C00630
Segment Type: section
Provision Reference: s 40 (pt 2/2)
Character Range: 93961–95926

(b) the circumstances mentioned in subsection 47A(1) of the Marriage Act 1961 apply.
 (2AB) A chaplain in the Defence Force may refuse to solemnise a marriage despite anything in Division 1 or 2, as applying by reference to section 5A, 5B, 5C or 6, if any of the circumstances mentioned in paragraph 81(2)(a), (b) or (c) of the Marriage Act 1961 apply.
Note: Paragraph 37(1)(d) also provides that nothing in Division 1 or 2 affects any act or practice of a body established for religious purposes that conforms to the doctrines, tenets or beliefs of that religion or is necessary to avoid injury to the religious susceptibilities of adherents of that religion.
 (2B) Nothing in Division 1 or 2, as applying by reference to section 5A, 5B or 5C, affects anything done by a person in direct compliance with a law of the Commonwealth, or of a State or Territory, that is prescribed by the regulations for the purpose of this subsection.
 (3) Nothing in Division 1 or 2, as applying by reference to section 6, affects anything done by a person in direct compliance with any regulations, rules, by‑laws, determinations or directions made under the Gift Duty Assessment Act 1941, the Income Tax Assessment Act 1936 or the Sales Tax (Exemptions and Classifications) Act 1935.
 (4) Nothing in Division 1 or 2, as applying by reference to section 6, affects anything done by a person for the purposes of the administration of the AUSTUDY scheme or the ABSTUDY scheme.
 (6) Nothing in Division 1 or 2 affects anything done by a person in compliance with a provision of a law of the Commonwealth, of a State or of a Territory, being a provision that is included for the purpose referred to in subsection 7D(1).
Note: See also subsection 98(6A) of the Civil Aviation Act 1988, which allows regulations made under that Act to contain provisions relating to medical standards that are inconsistent with this Act if the inconsistency is necessary for the safety of air navigation.