Marriage Amendment (Definition and Religious Freedoms) Act 2017 (129 of 2017)

Schedule 1   Amendments

Part 5   Application and transitional provisions

71   Recognition of certain marriages by foreign diplomatic or consular officers that occurred in Australia before commencement

(1) A marriage is recognised as valid in Australia if:

(a) the marriage was solemnised in Australia, before the commencement of this item, by or in the presence of a diplomatic or consular officer of a foreign country (whether or not the country was a proclaimed overseas country at the time the marriage was solemnised); and

(b) at the time the marriage was solemnised:

(i) the marriage was not recognised in Australia as valid because the marriage was not the union of a man and a woman; and

(ii) the marriage was recognised as valid under the law of the foreign country; and

(c) had the marriage occurred in the foreign country at the time the marriage was solemnised, the marriage would, after items 57 and 58 of this Schedule commence, be recognised as valid under Part VA of the Marriage Act 1961.

(2) In this item:

Australia includes the external Territories.

diplomatic or consular officer has the meaning given by section 52 of the Marriage Act 1961.

proclaimed overseas country has the meaning given by section 52 of the Marriage Act 1961.