21/12/2023
The temporary measure introduced during COVID to allow remote witnessing of the Notice of Intended Marriage (NOIM) ends on 31 December 2023.
This email explains the legal requirements for all new NOIMs signed and witnessed from 1 January 2024.
From 1 January 2024:
all new NOIMs must only be signed and witnessed in the physical presence of an authorised witness, and
a new NOIM signed and witnessed remotely ie, via any facility that enables audio and visual communication between persons in different places, will not be valid.
Please note, there are no exceptions to the above.
It is important that all authorised witnesses, including authorised marriage celebrants, comply strictly with the changed legal requirements.
General note: Failure to comply with legal obligations is a serious matter under the Marriage Act 1961 and may result in regulatory action,or may constitute an offence under the Act.
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There is currently a bill before Parliament seeking to make remote witnessing of the NOIM a permanent option. However, please note - it is not law (it is only a proposal at this time). MLCS will provide further updates in due course.
Marriage Celebrants Section
Australian Government Attorney-General’s Department
3-5 National Circuit BARTON ACT 2600
T: 1800 550 343 (Tuesday to Thursday, 10am to 12.30pm and 1pm to 4pm Canberra local time
