MARRIAGE ACT 1961 - SECT 12 Authorisation of marriage of person under age of 18 years in exceptional circumstances

MARRIAGE ACT 1961 - SECT 12

  (1)   A person who has attained the age of 16 years but has not attained the age of 18 years may apply to a Judge or magistrate in a State or Territory for an order authorising him or her to marry a particular person of marriageable age despite the fact that the applicant has not attained the age of 18 years.

  (2)   The Judge or magistrate shall, subject to subsection   (4), hold an inquiry into the relevant facts and circumstances and, if satisfied that:

  (a)   the applicant has attained the age of 16 years; and

  (b)   the circumstances of the case are so exceptional and unusual as to justify the making of the order;

the Judge or magistrate may, in his or her discretion, make the order sought, but otherwise the Judge or magistrate shall refuse the application.

  (3)   Subject to subsection   (5), where a Judge or a magistrate has made such an order, the person on whose application the order was made is, in relation to his or her marriage to the other person specified in the order, but not otherwise, of marriageable age.

  (4)   Where a Judge or a magistrate to whom an application is made under this section is satisfied that the matter could more properly be dealt with by a Judge or a magistrate sitting at a place nearer the place where the applicant ordinarily resides, the Judge or magistrate may, in his or her discretion, refuse to proceed with the hearing of the application, but such a refusal shall not, for the purposes of section   19, be deemed to be a refusal of the application.

  (5)   Where an order is made under this section and the marriage to which the order relates does not take place within 3 months after the date of the order, the order ceases to have effect.