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WHAT DOES GIVING THE NOTICE ‘NOT LATER THAN ONE MONTH BEFORE THE DATE OF THE MARRIAGE’ MEAN?

Important Note: The information previously provided by the department including in the

Explanatory Material on the Marriage Act 1961 for Marriage Celebrants regarding the calculation of

the one month period is no longer current. The Acts Interpretation Act 1901 was amended by the

Acts Interpretation Amendment Act 2011 commencing on 27 December 2011. Section 2G provides that in any Act, month means a period: starting at the start of any day of one of the calendar months; and ending: immediately before the start of the corresponding day of the next calendar month; or if there is no such day – at the end of the next calendar month.

The term ‘month’ is defined in section 2G of the Acts Interpretation Act 1901 as follows:

(1) In any Act, month means a period:

(a) starting at the start of any day of one of the calendar months; and (b) ending:

(i) immediately before the start of the corresponding day of the next calendar month; or

(ii) if there is no such day—at the end of the next calendar month.

Example 1: A month starting on 15 December in a year ends immediately before 15 January in the next year.

Example 2: A month starting on 31 August in a year ends at the end of September in that year (because September is the calendar month coming after August and does not have 31 days). (2) In any Act, a reference to a period of 2 or more months is a reference to a period:

(a) starting at the start of a day of one of the calendar months (the starting month); and (b) ending:

(i) immediately before the start of the corresponding day of the calendar month that is that number of calendar months after the starting month; or

(ii) if there is no such day—at the end of the calendar month that is that number of calendar months after the starting month.

Page 37 Guidelines on the Marriage Act 1961 for Marriage Celebrants – July 2014

starting on that day and ending immediately before 15 June in the next year.

Example 2: A reference to 6 months starting on 31 October in a year is a reference to a period starting on that day and ending at the end of April in the next year (because April is the calendar month coming sixth after October and does not have 31 days).

Further examples:

• a month starting on 15 December in a year ends immediately before 15 January in the next

year (therefore the first day the marriage can be solemnised is 15 January)

• a month starting on 31 August in a year ends at the end of September in that year because

September is the calendar month coming after August and does not have 31 days (therefore the first day the marriage can be solemnised is 1 October), and

• a month starting on 29, 30 or 31 January ends at the end of February in that year because

February is the calendar month coming after January and does not have 31 days (therefore the first day the marriage can be solemnised is 1 March). This applies regardless of whether it is a leap year.

HOW DO THE PARTIES GIVE THE NOTICE IF THEY ARE OVERSEAS OR INTERSTATE UNTIL LESS THAN ONE MONTH BEFORE THE MARRIAGE?

Where the parties will be overseas or interstate until a time that is less than one month before the marriage, they may send a copy of the NOIM and supporting documents to the authorised celebrant by post, (scanned) email, or fax. It is not acceptable for an authorised celebrant to accept a NOIM and/or supporting documents via videoconferencing services such as Skype. The authorised celebrant should recommend that if the NOIM is to be posted it should be sent by some form of registered post.

It is a wise precaution for couples to send photocopies of their supporting documents with the NOIM when they post them from overseas or interstate. If there are any potential problems with, for example, divorce papers or death certificates the authorised celebrant will be able to advise the couple of this before they arrive for the marriage.

The authorised celebrant will need to obtain from the parties the original NOIM and sight the original documents relating to evidence of date and place of birth, identity and evidence of the end of a previous marriage (if relevant) prior to solemnising the marriage. This means the parties will need to bring these original documents with them.

Page 38 Guidelines on the Marriage Act 1961 for Marriage Celebrants – July 2014 WHEN DOES THE ONE MONTH PERIOD COMMENCE?

The one month notice period begins when the couple gives the authorised celebrant the completed and signed NOIM. It does not commence when the couple book the marriage with the authorised celebrant or pay a deposit.

The one month notice period can also begin when the authorised celebrant is given a completed NOIM signed by one party to the intended marriage. This situation only arises when the signature of the other party cannot conveniently be obtained at least one month prior to the proposed

ceremony, for example, where one party is overseas. The NOIM can be lodged when signed by only one of the parties to the proposed marriage provided the other party signs the NOIM in the

presence of the authorised celebrant before the marriage is solemnised. The authorised celebrant must be satisfied that the party who has not signed the NOIM has a genuine reason for not being able to do so at the time, is fully aware of the marriage and that their documents are in order. Authorised celebrants should exercise caution in these situations as a party to a marriage may attempt to use this exception for a ‘surprise wedding’. For further information on surprise

weddings, see Part 12.1 of these Guidelines.

When an authorised celebrant receives a NOIM, they must write the date on which the NOIM was received in the space provided. This is the date the NOIM is lodged.

For further information on how to calculate the one month period, see above under the heading

‘WHAT DOES GIVING THE NOTICE ‘NOT LATER THAN ONE MONTH BEFORE THE DATE OF THE MARRIAGE’ MEAN?’