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QUEENSLAND
THE GUARDIANSHIP AND CUSTODY OF INFANTS AND MARRIAGE OF MINORS AMENDMENT ACT
OF 1928,
19 Geo. 5 No. 4, Parts I, I11
[Reprinted as at 1 October, 19841
Guardianship and Custody of Infants and Marriage of Minors Amendment As amended by
Act of 1928, 19 Geo. 5 No. 4 Parts I, 111
Marriage of Minors Amendment Act of 1947, 12 Geo, 6 No. 2
An Act to Amend the Law with respect to the Guardianship, Custody, and Marriage of Infants
[ASSENTED TO 4 OCTOBER, 19281 BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
PART I-PRELIMINARY
1. Short title and commencement. This Act may be cited as “The Guardianship and Custody of Infants and Marriage of Minors Amendment Act of 1928.”
This Act shall take effect on a date to be proclaimed by the Governor in Council by Proclamation published in the Gazette, which date is hereinafter referred to as the commencement of this Act.
Commenced 1 July 1929 (Proc. pubd. Gaz. 29 June 1929, p. 1682).
2. Parts of Act. This Act shall be divided into three parts, as follows:-
PART I-PRELIMINARY;
AMENDMENT;
PART 11-GUARDIANSHIP AND CUSTODY OF INFANTS PART 111-MARRIAGE ACT AMENDMENT.
PART I1
3-7 amends “The Guardianship and Custody of Infants Act of 189 1 to 1952” which has since been repealed by Act of 1965, No. 42 s. 3 Sch. 1.
2 s, 8 THE G U A R ~ I A N S ~ I ~ AND CUSTODY OF INFANTS s . 9 AND ~ A R R ~ A G ~ OF ~ I N ~ R S A ~ E ~ D M E ~ T ACT OF 1928
PART III-L&~ARRIAGE ACT AMENDMENT
8. Constru~tion of Part 111. This Part of this Act shall be read as , one with “The Marriage Act of 1864,” herein referred to as the Principal
Act, The Principal Act and “The ~ a r ~ i a g e Law A ~ e ~ ~ ~ e ~ i t Act of 1870” and “The Justices M a ~ ~ y i ~ g Act of 1872” and “The Deceased’s
Wijie’s Sister Marriage Act of 1877,” and this Part of this Act, may together be cited as “The M a r ~ i ~ g e Acts, 1864 to 1928.”
9. (1) Consents reqnired to marriage in case of infants. If either party to an intended marriage, not having been previously married or not being a widower or widow, shall be under the age of twenty-one years, the consent required to such marriage shall be that of the person or persons mentioned in the Schedule to this Act: Provided that-
(a) If the Registrar-General or the registrar for marriages of the district in which the marriage is to be celebrated, to whom notice of an i n t e n d e ~ marriage is given, is satis~ed that the consent of any person whose consent is so required cannot be obtained by reason of absence or inaccessibility, or by reason of his being under any ~isability, the necessity for the consent of that person shall be dispensed with if there is any other person whose consent is also required; and the consent of such other person shall be a suffici~nt consent for the purposes of this section.
(b) If the consent of no other person is required (or if the consent of any other person whose consent is so required cannot be obtained by reason of absence or inaccessibility, or by reason of his or her being under any disability) the Registrar-~eneral or registrar for marriages of the district in which the marriage is to be celebrated may dispense with the necessity of obtaini~g any consent; or
(i) The written consent to such marriage (in the form prescribed or to the like effect) of some justice of the peace appointed for the p u ~ o s e as hereinafter mentioned may be obtained; or
(ii) The Court may, on application being made, consent to the marriage;
and the consent of any such justice of the peace, or of the Court, as the case may be, so given, shall be a sufficient consent for the purposes of this section.
efusal of consent. If any person whose consent is required refuses his consent, the Court may, on applica~ion being made, consent to the marriage, and the consent of the Court so given shall have the same effect as if it had been given by the person whose consent is so refused.
(3) Justice or Court to make inquiry. Before giving any such consent, such justice or the Court (as the case may be) shall m a ~ e i n q u i ~ on oath as to the facts and circumstances of the case.
s. 9 THE GUARDIANSHIP AND CUSTODY OF INFANTS s. 9 3 AND MARRIAGE OF MINORS AMENDMENT ACT O F 1928
(4) Attestation of signatures of persons authorised to consent. The signatures of any persons (other than such justice or Court) authorised to give consent to any intended marriage shall be attested by a justice of the peace, registered minister, or district registrar, who shall previously ascertain that the parties understand what they are signing:
Provided that where the husband and wife are living together, and the consent of both parties is necessary for the marriage, as is herein provided, it shall be a sufficient compliance with the provisions of this section if a declaration is made by the husband on behalf of himself and his wife, declaring that his wife and himself consent to the said marriage, or, if a declaration is made by the wife on behalf of herself and her husband, declaring that her husband and herself consent to the said marriage.
(5) Appointment of justices. For the purposes mentioned in provision (i) of paragraph (b) of subsection one of this section a majority of the Judges of the Supreme Court of whom the Chief Justice, or in the case of a vacancy in such office the Senior Puisne Judge, shall be one shall appoint from time to time one or more justice or justices of the peace in every Registrar’s district who shall by virtue of such appointment give consent in such cases as aforesaid, and every such appointment shall be notified by the said Judges in the Gazette.
( 6 ) Repeal of ss. 18 and 19 of “The Marriage Act of 1864.” This section is in substitution for sections eighteen and nineteen of “The Marriage Act of 1864,” and those sections are hereby accordingly repealed:
Saving of appointments made under the repealed sections. Provided that any appointment of any justice of the peace made pursuant to the provisions of sections eighteen and nineteen of “The Marriage Act of 1864” shall for the purposes of this section be and be deemed to be an appointment of such justice of the peace under this section, and any such justice shall have the like powers and authorities as if he were appointed under this section accordingly.
(7) Meaning of “the Court.” For the purposes of this section ‘“the Court” means and includes the Supreme Court or a court of summary jurisdiction constituted by a police magistrate.
(8) Rules of Court. The power and authority to make Rules of Court conferred on the Governor in Council with the concurrence of any two or more of the Judges of the Supreme Court by section eleven of “The Supreme Court Act of 1921” shall include power and authority to make such Rules of Court as may be necessary or expedient to give fbll effect to the objects and purposes of this section, and where there may be in this section no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this section, providing for and supplying such omission or insufficiency.
Without limiting the generality of such provisions, such Rules may prescribe any forms of declaration or otherwise, and also may enable applications under this section, if made to such court of summary
4 Sch. THE GUARDIANSHIP AND CUSTODY OF INFANTS Sch.
AND MARRIAGE OF MINORS AMENDMENT ACT OF 1928
Circumstances
1. If the mother of the infant is alive
2. If the mother of the infant is dead
jurisdiction, to be heard and determined otherwise than in open court, and such Rules shall provide that, where an application is made in consequence of a refusal to give consent, notice of the application shall be served on the person who has so refused consent.
As amended by Act of 1947, 12 Geo. 6, No. 2, s. 2.
Person whose Consent is required The mother, or, if she has by order of the
court been deprived of the custody of the infant, the person to whom the custody of the infant has been committed by order of the court.
The guardian appointed by the mother.
SCHEDULE
CONSENTS REQUIRED TO THE MARRIAGE OF AN INFANT
I.-WHERE THE INFANT IS LEGITIMATE Circumstances
1. Where both parents are liying-
(a) If parents living together . . . . . (b) If parents are divorced or separated
by order of court or by agreement
(c) If one parent has been deserted by (d) If both parents deprived of custody
the other
of infant by order of court 2. Where one parent is dead-
(a) If there is no other guardian . . . .
(b) If a guardian has been appointed by the deceased parent
3. Where both parents are dead . . . .
Persc Persons whose Consent is required
Both parents.
The parent to whom the custody of the infant is committed by order of any court or by the agreement; or, if the custody of the infant is so committed to one parent during part of the year and to the other parent during the rest of the year, both parents.
The parent who has been deserted.
The person to whose custody the infant is committed by order of the court.
The surviving parent.
The surviving parent and the guardian if acting jointly, or the surviving parent or the guardian if the parent or guardian is the sole guardian of the infant.
The guardians or guardian appointed by the deceased parents or by the court under section four of this Act.
65172-By Authority: S. R. HAMPSON, Government Printer, Queensland
