Crimes Act 1958 - SECT 64

Bigamy

64. Bigamy

Whosoever being married goes through the form or ceremony of marriage with any other person during the life of her or his husband or wife, shall be guilty of an indictable offence, and shall be liable to level 6 imprisonment (5 years maximum). Nothing in this section contained shall extend to any person going through the form or ceremony of marriage as aforesaid whose husband or wife
has been continually absent from such person for the space of seven years then last past and has not been known by such person to be living within that time; or shall extend to any person who at the time of her or his going through such form or ceremony of marriage has been divorced from the bond of the marriage; or to any person whose marriage at such time has been declared void by the
sentence of any court of competent jurisdiction.

(a) The accused went through the form or ceremony of marriage with another person.

(b) The accused had previously entered into a valid marriage with another person.

(c) That other person was still alive.

(d) That other marriage had not been terminated.

(a) Factual dispute.

(b) Honest and reasonable mistake of belief.

(c) Lack of intent.