Document ID: chunk:federal_register_of_legislation:C2024C00853:clause:1_77
Version: federal_register_of_legislation:C2024C00853
Segment Type: clause
Provision Reference: sch 1 cl 77
Character Range: 120616–121766

77  Restriction on solemnisation of marriages under this Part
 (1) A marriage shall not be solemnised in an overseas country under this Part unless the authorised celebrant is satisfied:
 (a) that each of the parties to the intended marriage is an Australian citizen or a member of the Defence Force;
 (b) where 1 party to the intended marriage is not an Australian citizen or a member of the Defence Force:
 (i) that that party is not a subject or citizen of the overseas country; or
 (ii) that sufficient facilities do not exist for the solemnisation of the marriage in the overseas country in accordance with the law of that country;
 (c) where 1 party to the intended marriage is a subject or citizen of the overseas country, that objection will not be taken by the authorities of that country to the solemnisation of the intended marriage under this Part; or
 (d) that a marriage in the overseas country between the parties in accordance with the law of that country would not be recognised throughout Australia.
 (2) In this section, overseas country includes a country that is deemed to be an overseas country for the purposes of section 71.