Australian Capital Territory Numbered Acts

MARRIAGE EQUALITY (SAME SEX) ACT 2013 (NO. 39 OF 2013) - SECT 40

    (1)     A regulation may provide that a same-sex relationship under a law of another jurisdiction (a corresponding law ) is a marriage under this Act for territory law.

    (2)     However, a regulation must not provide that a relationship under a corresponding law is a marriage under this Act for territory law unless, under the corresponding law, the relationship—

        (a)     must be between 2 adults of the same sex; and

        (b)     must be entered into consensually; and

        (c)     must not be entered into by people who are in a prohibited relationship with each other; and

        (d)     must not be entered into by people who are legally married; and

        (e)     is not—

              (i)     a marriage within the meaning of the Marriage Act 1961

(Cwlth); or

              (ii)     a marriage in another jurisdiction that is recognised by the Commonwealth as a valid marriage.

    (3)     In this section:

"prohibited relationship"—see section 7 (Eligibility for marriage under this Act).