Anyone who forces someone who is incapable of understanding a marriage ceremony to wed could be charged with forced marriage under new draft laws.
And anyone convicted would face tougher penalties, in line with the "most serious slavery related facilitation offences" - up to nine years behind bars.
The Senate on Wednesday passed a bill that makes multiple changes to criminal laws, putting beyond doubt that where a person can not understand marriage they cannot consent.
The government says since forced marriage was made illegal in 2013, the Australian Federal Police have seen cases of children as young as 12 who say they agreed to wed.
The bill also improves information sharing about federal offenders and allows federal prisoners to be transferred at locations other than prisons, in line with legislation in other states and territories.
In addition, it scraps the requirement of proof of intention to influence to be convicted of bribing a foreign official.
The Australian Greens and Labor teamed up to remove five-year mandatory sentences for firearm offences, an Abbott government election commitment.
The Senate also amended the bill to scrap a new criminal offence of being "knowingly concerned".
These amendments mean the bill will have to go back to the House of Representatives, where the government has the numbers to reject the changes.
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