Document ID: chunk:federal_register_of_legislation:C2021C00511:clause:1_63
Version: federal_register_of_legislation:C2021C00511
Segment Type: clause
Provision Reference: sch 1 cl 63
Character Range: 25568–27133

63  Subsection 40(2A)
Repeal the subsection, substitute:
 (2A) A minister of religion (as defined in subsection 5(1) of the Marriage Act 1961) 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 47(3)(a), (b) or (c) of the Marriage Act 1961 apply.
 (2AA) A religious marriage celebrant (as defined in subsection 5(1) of the Marriage Act 1961) 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:
 (a) the identification of the person as a religious marriage celebrant on the register of marriage celebrants has not been removed at the time the marriage is solemnised; and
 (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.

Part 3—Amendments if Schedule 9 to the Civil Law and Justice Legislation Amendment Act 2018 not yet commenced

Marriage Act 1961