Marriage Amendment (Authorised Celebrants and Other Measures) Regulations 2024 (Cth)

Marriage Amendment (Authorised Celebrants and Other Measures) Regulations 2024

I, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 4 July 2024

Sam Mostyn

Governor‑General

By Her Excellency’s Command

Mark Dreyfus

Attorney‑General

Contents

1Name

This instrument is the Marriage Amendment (Authorised Celebrants and Other Measures) Regulations 2024.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	The later of: (a) the start of the day after this instrument is registered; and (b) immediately after the commencement of Part 7 of Schedule 3 to the Attorney‑General’s Portfolio Miscellaneous Measures Act 2024.	9 July 2024

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Marriage Act 1961.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Marriage Regulations 2017

1. 1

   Section 5 (at the end of the note after the heading)

Add:

; (h) Registrar of Marriage Celebrants.

1. 2

   Section 5 (definition of Registrar of Marriage Celebrants)

Repeal the definition.

3

Paragraph 43(2)(d)

Omit “celebrant;”, substitute “celebrant.”.

4

Paragraphs 43(2)(e) and (f)

Repeal the paragraphs.

5

At the end of section 43

Add:

1. (4)

   For the purposes of paragraph 39K(aa) of the Act, the Registrar of Marriage Celebrants must remove the name of a person from the register of marriage celebrants if:

   1. (a)

      the person notifies the Registrar that the person no longer wishes to be registered as a marriage celebrant; or

   2. (b)

      the Registrar becomes aware that:

      1. (i)

         the person is a minister of religion of a recognised denomination and is registered under Subdivision A of Division 1 of Part IV of the Act; or

      2. (ii)

         the person is authorised to solemnise marriages in a State or Territory under Subdivision B of Division 1 of Part IV of the Act; or

   3. (c)

      the Registrar is satisfied that the person has died.

6At the end of Part 6

Add:

Division 3—Amendments made by the Marriage Amendment (Authorised Celebrants and Other Measures) Regulations 2024

99Application—removal from register of marriage celebrants

Paragraph 43(4)(b), as inserted by the Marriage Amendment (Authorised Celebrants and Other Measures) Regulations 2024 (the amendment Regulations), does not apply in relation to a person who is registered as a marriage celebrant under Subdivision C of Division 1 of Part IV of the Act if:

1. (a)

   the person is a minister of religion of a recognised denomination who was registered under Subdivision A of that Division immediately before the commencement of the amendment Regulations; or

2. (b)

   the person was authorised to solemnise marriages in a State or Territory under Subdivision B of that Division immediately before the commencement of the amendment Regulations.

7

At the end of clause 2 of Schedule 2

Add:

1. ; (d)

   reasonable and timely responses to requests by the parties to an intended marriage.