Polygamy is not legally recognised in Australia. Legally recognised polygamous marriages may not be performed in Australia , [1] [2] and a person who marries another person, knowing that the previous marriage is still subsisting, commits an offence of bigamy under section 94 of the Marriage Act , which carries a maximum penalty of 5 years imprisonment. However, a foreign marriage that is not polygamous but could potentially become polygamous at a later date under the law of the country where the marriage took place is recognized in Australia while any subsequent polygamous marriage is not. In , Australia’s then Attorney General Robert McClelland said that “There is absolutely no way that the government will be recognising polygamist relationships. They are unlawful and they will remain as such. Under Australian law, marriage is defined as the union of a man and a woman to the exclusion of all others. Polygamous marriage necessarily offends this definition.
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