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Marriage Act 1961 Section 117 - Evidence of registration etc.

Marriage Act 1961

In force on 5 Jan 2026

Marriage Act 1961 Section 117

Evidence of registration etc.

MA1961 s.117 Browse all sections

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MA1961 s.117

(1) A certificate under the hand of a person by whom a register under a Subdivision of Division 1 of Part IV (other than Subdivision C or D of that Division) is kept stating that a specified person was, at a date specified in the certificate, registered under that Subdivision in the register kept by the first‑mentioned person for the purposes of that Subdivision is evidence that the person specified in the certificate was registered under that Subdivision at the date so specified.

(2) A certificate under the hand of the Minister stating that a person specified in the certificate was not, at a date specified in the certificate, registered under a Subdivision of Division 1 of Part IV (other than Subdivision C or D of that Division) is evidence that the person specified in the certificate was not registered under that Subdivision at the date so specified.

(2A) A certificate under the hand of the Minister stating that a specified person was at a specified date:

(a) a person authorised under section 39 to solemnise marriages at the place and subject to the conditions (if any) specified in the certificate; or

(b) an officer or employee of the Commonwealth, a State or a Territory, appointed by the Minister to be a prescribed authority;

is prima facie evidence of the matters stated in the certificate.

(3) In a prosecution for an offence against this Act, an averment by the prosecutor in the information or complaint that the defendant or any other person specified in the averment is identical with the person specified in a certificate under this section is evidence of that fact.