Marriage Regulations 1963 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation
(the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
These Regulations are the
Marriage Regulations 1963 .
These Regulations shall come into operation on the date fixed by Proclamation under subsection (2) of section 2 of the Act.
(1) In these Regulations, unless the contrary intention appears:
Act means theMarriage Act 1961 .
birth certificate , in relation to a person, means an official certificate, or official extract of an entry in an official register, showing the date and place of birth of the person.
celebrant means an authorized celebrant or a chaplain.
clerk , in relation to a court of summary jurisdiction, means the clerk or other proper officer of the court of summary jurisdiction.
filed , in relation to a notice of application under Part II of the Act or to another document concerning such an application, means:
(a) where the application is made to a Judge—filed in an office of the appropriate court; and
(b) where the application is made to a magistrate—delivered to the clerk of the appropriate court of summary jurisdiction.
notice of intended marriage means a notice required to be given under paragraph 42(1)(a) of the Act.
official certificate , in relation to a marriage, means the certificate of the marriage complying with subsection 50(3) or 80(3) of the Act.
Registrar of Marriage Celebrants means the Registrar of Marriage Celebrants under section 39A of the Act.
retained official certificate , in relation to a marriage, means the certificate that is required, under the Act, to be retained by the celebrant who solemnized the marriage.
(2) Where in these Regulations reference is made to an Act of a State, or to an Ordinance of a Territory, and that Act or Ordinance is subsequently amended, then the reference shall, from the date of the amendment, be deemed to be a reference to that Act or Ordinance as so amended.
Chapter 2 of the
Criminal Code applies to offences against these RegulationsNote: Chapter 2 of the
Criminal Code sets out the general principles of criminal responsibility.
In these Regulations, a reference to a Schedule by number shall be read as a reference to the Schedule so numbered to these Regulations, and a reference to a Form by number shall be read as a reference to the Form so numbered in Schedule 1 to these Regulations.
(1) A consent of a person whose consent is required by the Act to the marriage of a minor shall:
(a) state the full name and address of the person giving the consent;
(b) state or otherwise indicate the capacity in which the person’s consent is required;
(c) state the full name of the minor; and
(d) state the full name and address of the other party to the marriage.
(2) Where a consent does not contain all the particulars required by paragraphs (a), (c) and (d) of the last preceding subregulation but identifies the person giving it and the parties to the marriage to which it relates, the consent shall be deemed to comply with those paragraphs.
(3) Subject to subregulation (4), where a celebrant solemnizes the marriage of a minor and a document was produced to the celebrant as the consent of a person whose consent to the marriage of the minor is required by the Act, the celebrant shall, by writing under his hand written on the consent, state the manner in which he satisfied himself that the person who gave the consent is a person whose consent to the marriage of the minor is so required.
Penalty: 1 penalty unit.
(4) Subregulation (3) does not apply:
(a) to or in relation to the consent of a Judge, a magistrate or a prescribed authority under Part II of the Act; or
(b) if the consent of both parents of the minor was produced to the celebrant.
(5) Subregulation (1) of this regulation does not apply to the consent of a Judge or magistrate under Part II of the Act.
(6) An offence against subregulation (3) is an offence of strict liability.
Note: For
strict liability , see section 6.1 of theCriminal Code .
(1) Where it appears to a person (in this regulation referred to as
the witness ) subscribing his name as a witness to the signature of a person (in this regulation referred to asthe party giving the consent ) to a consent to the marriage of a minor that the party giving the consent is illiterate or blind, the witness shall not so subscribe his name as a witness unless:
(a) the consent was read, in the presence of the witness, to the person giving the consent;
(b) it appeared to the witness that the person giving the consent understood the matter contained in the consent and the effect of signing the consent; and
(c) the person giving the consent signed it (whether by making his mark or otherwise) in the presence of the witness.
(2) Where the last preceding subregulation has been complied with in relation to a consent, the witness to the signature of the party giving the consent shall certify accordingly by writing under his hand written on the consent.
Penalty: One hundred dollars.
(1) Where a consent to the marriage of a minor that is produced to the celebrant solemnizing the marriage is written in a language other than the English language, the celebrant shall attach a translation of the consent into the English language:
(a) made by the celebrant, if he is competent to make it; or
(b) made by a person whom the celebrant believes to be competent to make it;
to the consent, and forward the translation with the consent to the appropriate registering authority to whom the consent is required to be forwarded under paragraph (a) of subsection (4) of section 50 of the Act or under paragraph (b) of subsection (4) of section 80 of the Act, as the case may be.
(2) A person who makes a translation of a consent for this regulation must certify, on the translation, that:
(a) the translation is a translation of the consent; and
(b) the person is competent to make the translation.
Penalty: 1 penalty unit.
(3) A person must not intentionally make a false statement in a certificate given for subregulation (2).
Penalty: 1 penalty unit.
(4) If a translation of a consent is made for this regulation by a person other than the celebrant who solemnizes the marriage to which the consent relates, the celebrant must certify, on the translation, as to the celebrant’s belief in the competency of the person to make the translation.
Penalty: 1 penalty unit.
(5) An offence against subregulation (2) or (4) is an offence of strict liability.
Note: For
strict liability , see section 6.1 of theCriminal Code .
An application under section 15 of the Act to dispense with the consent of a person whose consent is required to a proposed marriage of a minor:
(b) shall be accompanied by a birth certificate in respect of the applicant unless it is impracticable to obtain such a certificate; and
(c) if consent to the proposed marriage has been given by or in place of any person whose consent to the proposed marriage of the minor is required by the Act—shall be accompanied by that consent.
(1) Where a prescribed authority dispenses with the consent of a person to a proposed marriage of a minor, the prescribed authority must give to the minor a dispensation in writing.
(2) Where a prescribed authority refuses to dispense with the consent of a person to a proposed marriage of a minor, the prescribed authority must give notice of the refusal to the minor, in writing.
(1) A person intending to make application to a Judge under subsection 16(1) or (5) of the Act shall file notice of the application in an office of the appropriate court.
(1A) A person intending to make application to a magistrate under subsection 16(1) or (5) of the Act shall deliver notice of the application to the clerk of the appropriate court of summary jurisdiction.
(2) Notice of an application under subsection (1) of section 16 of the Act for the consent of a Judge or magistrate to the proposed marriage of a minor in place of a person whose consent to the proposed marriage is required by the Act:
(a) must be in writing; and
(b) shall be accompanied by a birth certificate in respect of the proposed applicant unless it is impracticable to obtain such a certificate; and
(c) if consent to the proposed marriage has been given by or in place of any other person whose consent to the proposed marriage of the minor is required by the Act—shall be accompanied by that consent.
(3) Notice of an application under subsection (1) of section 16 of the Act by a minor who has previously made application (not being an application that was withdrawn) under that subsection in relation to his proposed marriage shall state:
(a) the name of the Judge or magistrate to whom the previous application was made;
(b) the decision of the Judge or magistrate upon the previous application; and
(c) the date of that decision.
(4) Where a minor who intends to make application under subsection (1) of section 16 of the Act has made a previous application to a magistrate under that subsection and the previous application had been re‑heard under section 17 of the Act, the notice of the application shall state:
(a) the name of the Judge by whom an inquiry into the previous application was held;
(b) the decision of the Judge upon the re‑hearing; and
(c) the date of that decision.
(5) Where, after a prescribed authority has refused to dispense with the consent of a person to the proposed marriage of a minor, the minor intends to make application under subsection (1) of section 16 of the Act for the consent of a Judge or magistrate to the proposed marriage in place of the consent of that person, the prescribed authority’s notice of refusal shall be attached to the notice of the application.
(6) Notice of an application under subsection (5) of section 16 of the Act may be filed at the same time as, and joined with, notice of an application under subsection (1) of section 16 of the Act.
(7) The consent of a Judge or magistrate to an application under subsection 16(1) or (5) of the Act must be in writing.
(1) Where an application to a magistrate under subsection (1) of section 16 of the Act is granted or an application to a magistrate under subsection (1) or (5) of that section is refused, the prescribed time for the purposes of section 17 of the Act is fourteen days from the day on which the application was granted or refused, as the case may be.
(2) A request for the re‑hearing, by a Judge, of an application to a magistrate under subsection 16(1) of the Act shall be made by filing the request in an office of the appropriate court.
(3) A request under section 17 of the Act:
(a) must be in writing; and
(b) shall be accompanied by a birth certificate in respect of the minor to whom the request relates unless it is impracticable to obtain such a certificate; and
(c) if the request is made by that minor and consent to the proposed marriage has been given by or in place of a person whose consent to the proposed marriage of the minor is required by the Act—shall be accompanied by that consent.
(4) A request under section 17 of the Act must have attached to it a copy of the notice of application under subsection 16(1) of the Act to which it relates including any documents required to accompany the application under regulation 12.
(5) An application under subsection (5) of section 16 of the Act, in its application, by virtue of subsection (2) of section 17 of the Act, to requests under section 17 of the Act, may be made at the same time as, and joined with, such a request.
(1) A person who requests, under section 17 of the Act, the re‑hearing of an application to a magistrate under subsection 16(1) or (5) of the Act shall, on the day on which the request is filed, serve notice of the request on the magistrate.
(2) Notice of a request may be served on the magistrate who heard an application:
(a) by delivering a copy of the request to the clerk of the court of summary jurisdiction to whom notice of the application was delivered in accordance with subregulation 12(1A); or
(b) by telegram, signed by the proper officer of the court in which the request is filed, to that clerk.
(3) Where notice of a request for the re‑hearing of an application by a Judge of a Court is served on a magistrate under the last preceding subregulation, the magistrate shall cause the documents relating to the inquiry to which the request relates, including any transcript of the evidence given at that inquiry or any depositions of the witnesses at that inquiry, to be forwarded to the appropriate office of that Court.
(1) A person intending to make application to a Judge of a Court under section 12 of the Act shall file notice of the application in an appropriate office of the Court.
(2) A person intending to make application to a magistrate under section 12 of the Act shall deliver notice of the application to the clerk of the appropriate court of summary jurisdiction.
Notice of an application under section 12 of the Act:
(a) must be in writing; and
(b) shall be accompanied by a birth certificate in respect of the applicant unless it is impracticable to obtain such a certificate; and
(c) if consent to the proposed marriage has been given by or in place of a person whose consent to the proposed marriage of the minor is required by the Act—shall be accompanied by that consent; and
(d) must, if a previous application under section 12 of the Act has been refused—be accompanied by a notice stating:
(i) that a previous application under section 12 of the Act was refused by a Judge or magistrate; and
(ii) the name of the Judge or magistrate; and
(iii) the date of the decision.
(1) As far as practicable, the facts on which an applicant intends to rely in support of his application shall be stated in affidavits.
(2) An affidavit to be used at an inquiry concerning an application shall, unless the Judge or magistrate holding the inquiry otherwise directs, be filed before it is so used.
(1) Where a marriage is solemnized between two persons, one of whom has been authorized to marry the other by an order under section 12 of the Act, the person who has been so authorized shall produce the order to the celebrant who solemnizes the marriage.
(2) A celebrant who solemnizes a marriage in relation to which an order under section 12 of the Act has been produced to him shall:
(a) if he is an authorized celebrant—forward it to the appropriate registering authority of the State or Territory in which the marriage is solemnized; or
(b) if he is a chaplain—forward it to the Registrar of Overseas Marriages.
In this Division, unless the contrary intention appears:
applicant , in relation to a request, means the person who makes the request.
Court does not include a court of summary jurisdiction.
notice of an application means notice of an application to a Judge or magistrate under section 12, or subsection 16(1) or (5), of the Act, and includes a request.
request means a request under section 17 of the Act for the re‑hearing of an application to a magistrate under subsection 16(1) or (5) of the Act.
(1) As soon as practicable after notice of an application to a Judge is filed in the office of a Court, the appropriate officer of the Court shall fix a time, date and place for the holding of an inquiry into the relevant facts and circumstances.
(2) As soon as practicable after notice of an application to a magistrate is delivered to the clerk of a court of summary jurisdiction, the clerk shall fix a time, date and place for the holding of an inquiry into the relevant facts and circumstances.
(3) An officer or clerk who fixes the time, date and place for the holding of an inquiry shall give notice of the time, date and place so fixed to the applicant.
(4) An applicant must personally serve on each other person who is required by section 18 of the Act to be given an opportunity to be heard at the inquiry, the following:
(a) notice of the time, date and place fixed for the holding of the inquiry;
(b) a copy of the notice of application.
(5) However, if notice of an application has been filed in an office of a Court or delivered to the clerk of a court of summary jurisdiction, the appropriate officer of the court may, upon the request of the applicant and after consultation with a Judge or magistrate, as the case may be:
(a) dispense with service on a person under the last preceding subregulation; or
(b) specify the manner (not being personal service) in which service on a person may be effected under that subregulation.
(1) A Judge or magistrate may adjourn an inquiry from time to time and from place to place.
(2) A Judge or magistrate shall conduct an inquiry without regard to legal forms and solemnities.
(3) A barrister or solicitor representing a person who is given an opportunity of being heard at an inquiry may examine or cross‑examine witnesses and address the Judge or magistrate conducting the inquiry.
(4) Where a Judge or magistrate has heard and dealt with an application under section 12, or subsection 16(1) or (5), of the Act, or where a Judge has heard and dealt with a request under section 17 of the Act, a birth certificate or consent that accompanied the application or request shall, unless the Judge or magistrate otherwise directs, be returned to the person who made the application or request.
(1) Where, after a prescribed authority has refused to dispense with the consent of a person to the proposed marriage of a minor, the minor files or delivers under regulation 12 a notice of application under subsection 16(1) of the Act for the consent of a Judge or magistrate to the proposed marriage in place of the consent of that person, the minor shall, forthwith after notice of the time, date and place fixed for the holding of an inquiry has been given to him, serve a copy of the first‑mentioned notice on the prescribed authority together with particulars of the address of the office of the court in which the inquiry is to be held and of the time, date and place fixed for the holding of that inquiry.
(2) Where a copy of the notice of application under subsection (1) of section 16 of the Act is served on a prescribed authority under the last preceding subregulation, the prescribed authority shall, within fourteen days from the day on which the copy is served on him, furnish to the appropriate officer of the court in which the notice was filed or the clerk of the court of summary jurisdiction to whom the notice was delivered, as the case requires, a report setting out his reason for refusing to dispense with the consent of a person to the marriage of the minor.
(3) A party to an application under subsection (1) of section 16 of the Act, is entitled to inspect the report of a prescribed authority furnished, in accordance with the last preceding subregulation, in respect of the application, and to take a copy of, or extracts from, the report.
(4) Where a copy of the notice of application under subsection (1) of section 16 of the Act and the particulars specified in subregulation (1) of this regulation are not served on the prescribed authority by the minor who made the application himself, the minor shall cause to be delivered to the appropriate officer of the court in which the application was filed or the clerk of the court of summary jurisdiction to whom the application was delivered, as the case requires, and to be filed, on or before the day fixed for holding the inquiry, an affidavit of service sworn by the person who served the copy and particulars stating:
(a) the date on which and the place at which the copy and particulars were served; and
(b) the means by which he established that the person on whom the copy and particulars were served was the person on whom they were required to be served.
(1) Where a Judge or magistrate to whom an application is made under section 12, or subsection 16(1) or (5), of the Act refuses to proceed with the hearing of the application upon the ground that he is satisfied that the matter could more properly be dealt with by a Judge or magistrate sitting at a particular place that is nearer the place where the applicant ordinarily resides, the notice of the application, and any affidavit filed in relation to the application, shall, if the applicant requests, either orally, immediately after the refusal, or by writing under his hand, at any subsequent time, that the application be heard by a Judge or magistrate, as the case may be, sitting at that place, be forwarded to:
(a) the appropriate officer of the appropriate Court; or
(b) the clerk of the appropriate court of summary jurisdiction;
as the case may be.
(2) Where notice of an application and the affidavits in relation to an application have been received by the officer or clerk to whom they have been forwarded under the last preceding subregulation, the notice and affidavits shall be dealt with as if they had been filed in the appropriate office of that court or delivered to the clerk of that court of summary jurisdiction, as the case may be.
(1) Where notice of an application has been filed in the office of a Court, a Judge of the Court may, if he thinks it reasonable and proper so to do, issue a summons requiring a person named in the summons to appear as a witness upon the hearing of the application.
(2) Where notice of an application has been delivered to the clerk of a court of summary jurisdiction, a magistrate may, if he thinks it reasonable and proper so to do, issue a summons requiring a person named in the summons to appear as a witness upon the hearing of the application.
(3) Service of a summons under this regulation shall be effected by delivering a copy of the summons to the person to be served personally and, at the same time, showing the summons to him.
A person who has been summoned to attend before a Judge or magistrate as a witness shall appear and report himself at the time and place specified in the summons and then from day to day, unless excused by a Judge or magistrate, as the case may be.
(1) If a person who has been summoned to attend before a Judge or magistrate fails so to attend as required by the last preceding regulation, the Judge or magistrate, as the case may be, may, on being satisfied that the summons has been duly served and that reasonable expenses have been paid or tendered to that person, issue a warrant for the apprehension of that person.
(2) A warrant so issued authorizes the apprehension of the person and his being brought before the Judge or magistrate, as the case may be, and his detention in custody for that purpose until he is released by order of the Judge or magistrate, as the case may be.
(3) A warrant so issued may be executed by a member of the police force of the Commonwealth or a State or Territory, by the Sheriff or an officer of the Sheriff of a State or Territory or by any person to whom it is addressed, and the person executing it has power to break and enter any place, building or vessel for the purpose of executing the warrant.
(4) The apprehension of a person under this regulation does not relieve him from any liability incurred by him by reason of his failure to attend before the Judge or magistrate.
(1) A person who attends in obedience to a summons to attend as a witness before a Judge of a Court, or before a magistrate of a State or Territory, is entitled to be paid witness expenses and travelling allowances as if he were attending as a witness before that Court, or before a court of summary jurisdiction in that State or Territory, as the case may be, or, in special circumstances, such expenses and allowances as the Judge or magistrate directs (less any amount previously paid to him for his expenses of attendance).
(2) The expenses and allowances are payable by the person at whose request the witness was summoned.
(1) A Judge or magistrate may administer an oath to a person appearing as a witness before the Judge or magistrate, whether the witness has been summoned or appears without being summoned, and may examine the witness on oath.
(2) A witness may, instead of taking an oath, make an affirmation that he will state the truth, the whole truth and nothing but the truth to all questions that are asked him.
(3) An affirmation so made is of the same force and effect, and entails the same liabilities, as an oath.
(1) A person who is summoned to attend before a Judge or magistrate as a witness must not:
(a) without reasonable excuse, fail to attend, after payment or tender of a reasonable sum for his expenses of attendance;
(b) refuse to be sworn or to make an affirmation as a witness, or to answer any question when required to do so by the Judge or magistrate; or
(c) without reasonable excuse, refuse or fail to produce a book, document or writing which he was required by the summons to produce.
Penalty: 2 penalty units.
(2) An offence against paragraph (1)(a) is an offence of strict liability.
Note: For
strict liability , see section 6.1 of theCriminal Code .
(1) A person must not, when a Judge or magistrate is conducting an inquiry under Part II of the Act:
(a) intentionally insult or disturb the Judge or magistrate;
(b) interrupt the proceedings before the Judge or magistrate; or
(c) use insulting language to the Judge or magistrate.
Penalty: 2 penalty units.
(2) A person must not, by writing or speech, use words calculated:
(a) to influence improperly a Judge or magistrate, or a witness before a Judge or magistrate, in relation to an application or proposed application; or
(b) to bring a Judge or magistrate into disrepute in connexion with an application or proposed application.
Penalty: 2 penalty units.
(1) A Judge performing a function under the Act in a State or Territory, or a magistrate of a State or Territory, has, in the performance of his duty as a Judge or magistrate under Part II of the Act, the same protection and immunity as a Judge of the Supreme Court of that State or Territory has in the performance of his duty as a Judge of the Supreme Court.
(2) A barrister or solicitor appearing before a Judge performing a function under the Act in a State or Territory, or before a magistrate of a State or Territory, in connexion with an inquiry under Part II of the Act, has the same protection and immunity as a barrister or solicitor, as the case may be, has in appearing for a party in proceedings in the Supreme Court of that State or Territory.
(3) Where a party who is not represented by a barrister or solicitor appears before a Judge performing a function under the Act in a State or Territory, or before a magistrate of a State or Territory, in connexion with such an inquiry, the party has the same protection and immunity as a party to proceedings in the Supreme Court of that State or Territory has in appearing before that Court when not so represented.
(4) A witness summoned to attend or appearing before a Judge performing a function under the Act in a State or Territory or before a magistrate of a State or Territory has the same protection as a witness in proceedings in the Supreme Court of that State or Territory.
(2) A notice under subsection (2) of section 33 of the Act shall be given to the person to whom it relates:
(a) by delivering it to the person personally; or
(b) by sending it to the person by
avis de réception registered post at the address of the person last known to the Registrar of Ministers of Religion giving the notice.
Where a Registrar of Ministers of Religion removes the name of a person from a Register of Ministers of Religion on a ground specified in paragraph (d) or (e) of subsection (1) of section 33 of the Act, the Registrar shall give notice of the removal to the recognized denomination of which the person is a minister of religion.
A notification under subsection (1) of section 35 of the Act:
(a) shall be in writing under the hand of the person; and
(b) if it is a notification of a change of the name, address or designation of a person registered under Division 1 of Part IV of the Act—shall specify his name, address and designation before the change and his name, address and designation after the change.
(1) On or before the last day in January in each year, a recognized denomination shall furnish to the Registrar of Ministers of Religion for each State or Territory in which were ordinarily resident any persons registered under Division 1 of Part IV of the Act as ministers of religion for that denomination who were exercising the function of such a minister of religion on the first day of January in that year a list containing particulars of those persons who were ordinarily resident in that State or Territory.
(2) A list furnished under the last preceding subregulation shall state:
(a) the full name, designation and place of residence of each of the persons to whom the list relates; and
(b) in respect of each person whose name and other particulars are not included in it but were included in the list so furnished in the last preceding year—the reasons why the name and other particulars of the person are not included in it.
(1) The Registrar of Ministers of Religion for a State or Territory may, by notice in writing to a recognized denomination, require the denomination to furnish to the Registrar, within fourteen days after receipt of the notice or within such extended period as the Registrar allows, a statement containing such information as is indicated in the notice, being information affecting or likely to affect the right to registration under Division 1 of Part IV of the Act of a person who is registered as a minister of religion of that denomination.
(2) A statement furnished in pursuance of a notice under this regulation shall be in such form as the Registrar directs, and shall be signed by a member of the denomination on behalf of the denomination.
(3) A person who signs a statement furnished under this section shall certify in writing at the foot of the statement as to the correctness of the information contained in it.
(4) A person must not intentionally make a false statement in a certificate given for subregulation (3).
Penalty: 2 penalty units.
(5) A recognized denomination that is given a notice under subregulation (1) must comply with it.
Penalty: 2 penalty units.
This Subdivision prescribes matters for Subdivision C of Division 1 of Part IV of the Act in relation to marriage celebrants (other than in relation to complaints).
Note 1: Under subsection 5(1) of the Act,
marriage celebrant means a person registered under Subdivision C of Division 1 of Part IV of the Act.Note 2: Subdivision 2 of this Division sets out the procedures for making and resolving complaints about the solemnization of marriages by marriage celebrants.
In this Subdivision:
ASGS Volume 5 means the document titledAustralian Statistical Geography Standard (ASGS): Volume 5—Remoteness Structure (ABS catalogue number 1270.0), published by the Australian Statistician in July 2011.
Certificate IV in Celebrancy means a qualification with that name, awarded by a registered training organisation, that includes all the units mentioned in subparagraph 37G(1)(a)(ii).
charge exemption application fee : see regulation 37JD.
formal course of training means:
(a) a celebrancy qualification (however described) from a university, mentioned in a determination under regulation 37G, that includes all the units mentioned in subparagraph 37G(1)(a)(i) that are provided in accordance with the requirements mentioned in subregulation 37G(2); or
(b) a Certificate IV in Celebrancy.
professional development exemption application fee : see regulation 37MC.
registered training organisation has the meaning given by subsection 3(1) of theSkilling Australia’s Workforce Act 2005 .
registration application fee : see subregulation 37HB(1).
registration exemption application fee : see subregulation 37HB(2).
remote area means remote Australia or very remote Australia, as described in the Remoteness Structure in the ASGS Volume 5.
(1) For paragraph 39C(1)(b) of the Act, the determination must require the person to have:
(a) either:
(i) a celebrancy qualification (however described) from a university, mentioned in the determination, that includes all the units the Registrar of Marriage Celebrants determines to be necessary for registration as a marriage celebrant and are provided in accordance with the requirements mentioned in subregulation (2); or
(ii) a Certificate IV in Celebrancy that includes all the units the Registrar of Marriage Celebrants determines to be necessary for registration as a marriage celebrant; or
(b) the following skills:
(i) fluency in an Indigenous language;
(ii) ability to liaise with clients and, if appropriate, the indigenous community in planning a marriage ceremony;
(iii) ability to conduct a marriage ceremony, and to register a marriage, as required under the Act (including completing the required documentation);
(iv) ability to communicate effectively.
(2) For paragraph (1)(a), the requirements are as follows:
(a) each unit must be delivered by a marriage celebrant having the qualifications, skills, training and experience as a marriage celebrant that the Registrar determines;
(b) each unit must not be delivered by a marriage celebrant against whom the Registrar is taking or has taken any disciplinary measure mentioned in section 39I(2) of the Act during the period that the Registrar determines;
(c) each unit must include all the materials that the Registrar determines must be used in the unit.
(1) A person may apply, in writing, to the Registrar of Marriage Celebrants for an exemption from liability to pay a registration application fee.
(2) The application must:
(a) be made before the person applies to be registered as a marriage celebrant; and
(b) be accompanied by:
(i) any information or documents that may assist the Registrar to decide whether to grant the exemption; and
(ii) the registration exemption application fee.
(3) The Registrar may, by written notice, ask the applicant to give the Registrar additional information, within a period specified in the notice, to assist the Registrar to decide whether to grant the exemption.
(4) If the Registrar asks the applicant to give additional information, the Registrar is not required to consider the application while waiting for the information to be given.
(5) If the applicant does not provide the additional information within the period specified in the notice, the application is taken to have been withdrawn.
Note 1:
Registration application fee is defined in subregulation 37HB(1).Note 2:
Registration exemption application fee is defined in subregulation 37HB(2).
(1) The Registrar of Marriage Celebrants may grant an applicant an exemption from liability to pay a registration application fee if the Registrar is satisfied that:
(a) the applicant’s principal residential address is in a remote area; and
(b) there is not more than one marriage celebrant whose principal residential address:
(i) is in the remote area; and
(ii) has the same postcode as the applicant’s principal residential address.
Note: If the Registrar grants a person an exemption from liability to pay a registration application fee in respect of an application for registration as a marriage celebrant, and the application leads to the person being registered as a marriage celebrant, the Registrar must also grant the person an exemption from liability to pay celebrant registration charge in respect of the financial year in which the Registrar registers the person as a marriage celebrant (see regulation 37JAA).
(2) The Registrar must, by written notice, inform the applicant of the Registrar’s decision to grant or refuse the exemption within 21 days after receiving:
(a) the application; or
(b) if the Registrar has asked for additional information—the additional information.
Note 1:
Registration application fee is defined in subregulation 37HB(1).Note 2: For provisions related to applying for internal review of the Registrar’s decision to refuse an exemption from liability to pay a registration application fee, see regulation 37JE.
Registration application fee
(1) For subsection 39D(1B) of the Act, the Minister may, by legislative instrument, determine the fee (the
registration application fee ) to be paid in respect of an application for registration as a marriage celebrant.
Registration exemption application fee
(2) For paragraph 39D(1C)(b) of the Act, the Minister may, by legislative instrument, determine the fee (the
registration exemption application fee )to be paid in respect of an application for an exemption from liability to pay a registration application fee.
(1) For subsection 39D(5) of the Act, the following details relating to a person who is registered as a marriage celebrant must be entered in the register of marriage celebrants:
(a) the person’s title and full name;
(b) the person’s:
(i) suburb, town or locality; and
(ii) postcode; and
(iii) State or Territory; and
(iv) contact details;
(c) whether the person proposes to conduct religious ceremonies and, if so, the name of the religious organisation under the authority of which the person proposes to conduct the religious ceremonies;
(d) the date of registration.
Note: See also the following provisions of the Act in relation to details to be entered in the register:
(a) paragraph 39I(2)(c)—suspension of a marriage celebrant’s registration;
(b) subsection 39J(3)—giving effect to a decision of the Administrative Appeals Tribunal in relation to an application for review of a decision under section 39J of the Act.
(2) For paragraph 39K(a) of the Act, the Registrar of Marriage Celebrants must amend the details relating to a marriage celebrant in the register:
(a) if the marriage celebrant informs the Registrar of any times when he or she will be unavailable—by entering those times in the register; and
(b) by changing the details in the register if:
(i) the Registrar becomes aware of a clerical error in the details; or
(ii) the marriage celebrant informs the Registrar of any change to the details; and
(c) by removing the marriage celebrant’s details from the register if:
(i) the marriage celebrant informs the Registrar that he or she no longer wishes to be registered as a marriage celebrant; or
(ii) the marriage celebrant informs the Registrar that he or she has become a minister of religion of a recognized denomination; or
(iii) the Registrar is satisfied that the marriage celebrant has died.
Note: See also paragraph 39I(2)(d) of the Act under which, as a disciplinary measure against a marriage celebrant, the Registrar may deregister the marriage celebrant by removing his or her details from the register.
(3) An amendment to the register under subregulation (2) takes effect on the date of the amendment.
(1) For paragraph 39FA(2)(b) of the Act, the requirements mentioned in subregulations (2) and (3) are prescribed.
(2) Subject to subregulation (2A), a notice to a marriage celebrant under subsection 39FA(2) of the Act must state the following:
(a) that the marriage celebrant is liable to pay celebrant registration charge in respect of a financial year unless, before the end of the charge payment day, the marriage celebrant is granted an exemption from the liability to pay the charge in respect of the financial year;
(b) that the amount of celebrant registration charge that the marriage celebrant is liable to pay:
(i) is a debt due by the person to the Commonwealth; and
(ii) may be recovered by action in a court of competent jurisdiction;
(c) that the marriage celebrant may seek an exemption from the liability to pay celebrant registration charge in respect of a financial year by:
(i) applying for an exemption under subregulation 37JB; and
(ii) paying the charge exemption application fee;
(d) that the marriage celebrant must apply for the exemption no later than 21 days after the day on which the notice is sent;
(e) that a marriage celebrant who is liable to pay a celebrant registration charge and does not do so before the end of the charge payment day will be deregistered as a marriage celebrant under section 39FB of the Act.
(2A) However, a notice to a marriage celebrant under subsection 39FA(2) of the Act does not need to include the information referred to in subregulation (2) if the Registrar of Marriage Celebrants has granted the marriage celebrant an exemption from liability to pay celebrant registration charge in respect of the financial year under regulation 37JAA.
(3) A notice to a marriage celebrant under subsection 39FA(2) of the Act must be sent to:
(a) if the marriage celebrant has provided an email address to the Registrar of Marriage Celebrants—the email address; or
(b) in any other case:
(i) the principal residential address provided by the marriage celebrant to the Registrar; or
(ii) if the postal address provided by the marriage celebrant to the Registrar is different from the principal residential address—the postal address.
Note 1:
Celebrant registration charge andcharge payment day are defined in subsection 5(1) of the Act.Note 2: See paragraph 39FA(2)(a) of the Act for other requirements about the content of the notice.
(1) For paragraph 39FB(2)(b) of the Act, the requirements mentioned in subregulations (2) and (3) are prescribed.
(2) A notice to a person under subsection 39FB(1) of the Act must state that:
(a) the amount of celebrant registration charge that is payable:
(i) is a debt due by the person to the Commonwealth; and
(ii) may be recovered by action in a court of competent jurisdiction; and
(b) a person who is deregistered as a marriage celebrant may apply to the Administrative Appeals Tribunal for review of the Registrar of Marriage Celebrant’s decision to deregister the person.
(3) A notice to a person under subsection 39FB(1) of the Act must be sent to:
(a) if the person has provided an email address to the Registrar—the email address; or
(b) in any other case:
(i) the principal residential address provided by the person to the Registrar; or
(ii) if the postal address provided by the person to the Registrar is different from the principal residential address—the postal address.
Note 1:
Celebrant registration charg e is defined in subsection 5(1) of the Act.Note 2: See subsections 39FB(1) and (2) of the Act for other requirements about how the notice is to be sent and the content of the notice.
(1) This regulation applies if:
(a) under regulation 37HA, the Registrar of Marriage Celebrants granted a person an exemption from liability to pay a registration application fee in respect of an application for registration as a marriage celebrant; and
(b) the application led to the person being registered as a marriage celebrant.
(2) The Registrar must grant the person an exemption from liability to pay celebrant registration charge in respect of the financial year in which the Registrar registered the person as a marriage celebrant.
(3) A marriage celebrant is not required to apply for an exemption from liability to pay celebrant registration charge in respect of a financial year that the Registrar is required to grant under this regulation.
Note: For provisions about exemptions from liability to pay celebrant registration charge in respect of a financial year in other circumstances, see regulations 37JB and 37JC.
(1) A marriage celebrant may apply, in writing, to the Registrar of Marriage Celebrants for an exemption from liability to pay celebrant registration charge in respect of a financial year.
(2) The application must:
(a) be made no later than 21 days after the day on which a notice under subsection 39FA(2) of the Act is sent to the marriage celebrant; and
(b) be accompanied by any information or documents that may assist the Registrar to decide whether to grant the exemption; and
(c) be accompanied by the charge exemption application fee.
(3) The Registrar may, by written notice, ask the marriage celebrant to give the Registrar additional information, within a period specified in the notice, to assist the Registrar to decide whether to grant the exemption.
(4) If the Registrar asks the marriage celebrant to give additional information, the Registrar is not required to consider the application while waiting for the information to be given.
(5) If the marriage celebrant does not provide the additional information within the period specified in the notice, the application is taken to have been withdrawn.
Note 1:
Celebrant registration charge is defined in subsection 5(1) of the Act.Note 2:
Charge exemption application fee is defined in subregulation 37JD.
(1) The Registrar of Marriage Celebrants may grant the marriage celebrant an exemption from liability to pay celebrant registration charge if a circumstance mentioned in subregulation (2) or (3) exists.
(2) The Registrar may grant the exemption if the Registrar is satisfied that:
(a) the marriage celebrant’s principal residential address is in a remote area; and
(b) there are not more than 2 marriage celebrants (including the marriage celebrant applying for the exemption) whose principal residential address:
(i) is in the remote area; and
(ii) has the same postcode as the principal residential address of the marriage celebrant applying for the exemption.
(3) The Registrar may grant the exemption if the Registrar is satisfied that:
(a) the marriage celebrant will not be a resident of Australia at any time during the financial year to which the application relates; or
(b) the marriage celebrant will be unable to perform as a marriage celebrant for at least 6 months of the financial year to which the application relates because of:
(i) serious illness; or
(ii) caring responsibilities.
(4) The Registrar must, by written notice, inform the applicant of the Registrar’s decision to grant or refuse the exemption within 21 days after receiving:
(a) the application; or
(b) if the Registrar has asked for additional information—the additional information.
Note:
Celebrant registration charge is defined in subsection 5(1) of the Act.
For paragraph 39FA(3)(b) of the Act, the Minister may, by legislative instrument, determine the fee (the
charge exemption application fee ) to be paid in respect of an application for an exemption from liability to pay celebrant registration charge in respect of a financial year.
(1) This regulation is made for the purposes of paragraphs 39D(1C)(c) and 39FA(3)(c) of the Act.
(2) If the Registrar of Marriage Celebrants decides to refuse to grant a person:
(a) an exemption from liability to pay a registration application fee under subregulation 37HA(1); or
(b) an exemption from liability to pay celebrant registration charge in respect of a financial year under subregulation 37JC(1);
the person may apply, in writing, to the Registrar for internal review of the decision (the
original decision ).
(3) The application must:
(a) be made within 14 days beginning on the day on which the person receives notice of the original decision; and
(b) set out the reasons for making the application.
(4) After receiving the application, the Registrar must cause the original decision to be reviewed by an APS employee (the
internal reviewer ) with a classification level that is equivalent to or higher than the original decision‑maker.(5) The internal reviewer may, by written notice, ask the person to give the internal reviewer additional information, within a period specified in the notice, to assist the internal reviewer to review the original decision.
(6) If the internal reviewer asks the person to give additional information, the internal reviewer is not required to consider the application while waiting for the information to be given.
(7) If the person does not provide the additional information within the period specified in the notice, the application is taken to have been withdrawn.
(8) The internal reviewer must either:
(a) confirm the original decision; or
(b) substitute a different decision for the original decision, with effect from the time the original decision was made.
Note 1:
Registration application fee is defined in subregulation 37HB(1).Note 2:
Celebrant registration charge is defined in subsection 5(1) of the Act.
For paragraph 39G(1)(a) of the Act, the Code of Practice for marriage celebrants is set out in Schedule 1A.
(1) For paragraph 39G(1)(b) of the Act, as soon as practicable after the beginning of a calendar year, the Registrar of Marriage Celebrants must publish on the Internet a list of professional development activities (including the kinds of activities and the providers of the activities) for the year.
Note: In addition to publishing the list of professional development activities on the Internet, the Registrar may publish the list in any other way the Registrar considers appropriate.
(2) The list must state which activities (if any, up to a maximum of 2) are compulsory for the year.
(3) At any time during a calendar year, the Registrar may add another professional development activity (other than an activity that is to be compulsory) to the list for the year.
(4) A marriage celebrant must undertake, in each calendar year, at least 2 professional development activities listed for the year.
(5) For subregulation (4), the professional development activities undertaken by a marriage celebrant in a calendar year:
(a) may only be activities on the list for the year; and
(b) must include any activity that is compulsory for the year; and
(c) must take a total of not less than 5 hours to complete.
Note: A marriage celebrant may undertake more than the minimum requirements of professional development activities. However, any activity undertaken in a calendar year in excess of the minimum requirements will not count towards the marriage celebrant’s obligation under this subregulation for other calendar years.
(6) A marriage celebrant is not required to comply with subregulation (4):
(a) for the calendar year in which the marriage celebrant successfully completes a formal course of training (the
stated calendar year ) and the 2 calendar years after the stated calendar year—if the marriage celebrant:
(i) enrolled in the formal course of training before 1 July 2010; and
(ii) provided evidence of the enrolment to the Registrar before 14 August 2010; or
(b) otherwise—if the Registrar grants an exemption for a calendar year under regulation 37MA or 37MB.
(1) If a marriage celebrant believes that exceptional circumstances will result in the marriage celebrant being unable to comply with the requirement in subregulation 37M(4) for a calendar year, the marriage celebrant may apply, in writing, to the Registrar of Marriage Celebrants for an exemption.
(2) The application must:
(a) be made before 31 December of the calendar year to which the application relates; and
(b) be accompanied by:
(i) information or documents that may assist the Registrar to decide whether to grant the exemption; and
(ii) the professional development exemption application fee.
(3) The Registrar may, by written notice, ask the marriage celebrant to give the Registrar additional information, within a period specified in the notice, to assist the Registrar to decide whether to grant the exemption.
(4) If the Registrar asks the marriage celebrant to give additional information, the Registrar is not required to consider the application while waiting for the information to be given.
(5) If the marriage celebrant does not provide the additional information within the period specified in the notice, the application is taken to have been withdrawn.
(6) The Registrar may grant the exemption if the Registrar is satisfied that the marriage celebrant will be unable to complete any professional development activity required by subregulation 37M(4) for the calendar year because of the exceptional circumstances mentioned in the application.
(7) The Registrar must, by written notice, inform the marriage celebrant of the Registrar’s decision to grant or refuse the exemption.
(1) The Registrar of Marriage Celebrants may grant a marriage celebrant an exemption from the requirement to comply with subregulation 37M(4) for a calendar year if the Registrar is satisfied that the marriage celebrant will be unable to complete any professional development activity for the calendar year because of the date of the marriage celebrant’s registration.
(2) The Registrar must, by written notice, inform the marriage celebrant of the Registrar’s decision to grant the exemption.
For subsection 39G(2) of the Act, the Minister may, by legislative instrument, determine the fee (the
professional development exemption application fee )to be paid in respect of an application for exemption from undertaking, in a calendar year, the professional development activities mentioned in subregulation 37M(4).
(1) For paragraph 39H(3)(a) of the Act, in reviewing the performance of a marriage celebrant, the Registrar of Marriage Celebrants must consider the following matters:
(a) any complaint about the marriage celebrant that has been dealt with by the Registrar under Subdivision 2 of this Division, and whether the marriage celebrant has complied with any undertaking obtained from, any disciplinary measure taken against, or any action required of, him or her in relation to the resolution of the complaint;
(b) any information received by the Registrar concerning the marriage celebrant’s performance of his or her duties as a marriage celebrant;
(c) whether the marriage celebrant has complied with the Code of Practice for marriage celebrants set out in Schedule 1A;
(d) whether the marriage celebrant has undertaken the professional development activities required under paragraph 39G(1)(b) of the Act;
(f) whether the marriage celebrant has developed any physical or mental incapacity that prevents him or her from continuing to carry out his or her duties as a marriage celebrant.
Note: See also paragraph 39H(3)(b) of the Act under which the Registrar may have regard to any information in his or her possession.
(3) As soon as practicable after the Registrar has completed a review of a marriage celebrant’s performance in respect of a period, the Registrar must give to the marriage celebrant a notice stating the outcome of the review.
For paragraph 39I(2)(b) of the Act, a marriage celebrant may be required to undertake:
(a) a particular professional development activity listed under regulation 37M; or
(b) a formal course of training.
For paragraph 39K(b) of the Act, the Registrar of Marriage Celebrants must keep a copy of the following documents in relation to each marriage celebrant:
(a) unless the marriage celebrant is an existing marriage celebrant as defined in item 27 of Schedule 1 to the
Marriage Amendment Act 2002 :
(i) the marriage celebrant’s application for registration; and
(ii) the notice of registration given to the marriage celebrant under subregulation 37J(1);
(c) in relation to each review of the marriage celebrant’s performance:
(i) any notice of intention given to the marriage celebrant under paragraph 39H(4)(a) of the Act; and
(ii) any representation made by the marriage celebrant under paragraph 39H(4)(b) of the Act; and
(iii) the determination made under section 39H of the Act; and
(iv) the notice of the outcome of the review given to the marriage celebrant under subregulation 37N(3);
(d) any notice given to the marriage celebrant under paragraph 39I(4)(a) of the Act relating to a disciplinary measure taken against the marriage celebrant (other than a disciplinary measure taken against the marriage celebrant under paragraph 39I(1)(d) of the Act).
Note: See also regulation 37Z which provides for records to be kept in relation to any complaints about a marriage celebrant that are dealt with by the Registrar.
For paragraph 39K(c) of the Act, this Subdivision sets out procedures for making and resolving complaints about the solemnization of marriages by marriage celebrants.
Note: Under subsection 5(1) of the Act,
marriage celebrant means a person registered under Subdivision C of Division 1 of Part IV of the Act.
(1) A complaint about the solemnization of a marriage by a marriage celebrant may be made:
(a) by a party to the marriage or the intended marriage; or
(b) by a member of the public; or
(c) by the appropriate registering authority of the State or Territory in which the marriage was solemnized, or was intended to be solemnized; or
(d) by a person on behalf of a department or agency of the Commonwealth, or of a State or Territory.
(2) For subregulation (1), the appropriate registering authority of a State or Territory is the registering authority mentioned in column 3 of the item in Schedule 2 relating to that State or Territory.
(1) A complaint must:
(a) be made, in writing, to the Registrar of Marriage Celebrants; and
(b) be made within 3 months after the matter complained of took place, or a longer period that the Registrar considers is justified in the circumstances.
(2) A complaint must state:
(a) the complainant’s full name and contact details; and
(b) the name of the marriage celebrant to whom the complaint relates; and
(c) the full details of the complaint, including the date and place of the marriage (or, if known, the date and place of the intended marriage) and the nature of the complaint; and
(d) whether the matter being complained of:
(i) has been, or is, the subject of a legal proceeding; or
(ii) has been, or is being, dealt with by another complaints mechanism; and
(e) that the complainant consents to the marriage celebrant to whom the complaint relates being notified of the complaint and being given a copy of the complaint.
(3) If a person wishing to make a complaint needs assistance in preparing a complaint in accordance with this regulation, the Registrar may provide that assistance.
(1) If the Registrar of Marriage Celebrants receives a complaint, the Registrar must, as soon as practicable after receiving the complaint, make a preliminary assessment of the complaint to determine:
(a) whether the complaint should be dealt with; and
(b) whether, having regard to the nature of the complaint, it would be more appropriate for another agency to deal with the complaint or part of the complaint.
(2) For paragraph (1)(a), the Registrar may decide that a complaint should not be dealt with only if:
(a) the complaint does not comply with the requirements of regulation 37S; or
(b) the complaint does not relate to the performance of a marriage celebrant in relation to the solemnization of a marriage; or
(c) the complaint is frivolous, vexatious or not made in good faith; or
(d) the substance of the complaint has been the subject of a previous complaint; or
(e) the matter being complained of:
(i) has been, or is, the subject of a legal proceeding; or
(ii) has been, or is being, dealt with by another complaints mechanism.
(3) As soon as practicable after making a preliminary assessment of the complaint, the Registrar must give to the complainant a written notice:
(a) stating the outcome of the preliminary assessment; and
(b) if the Registrar decides that the complaint should be dealt with but considers that it would be more appropriate for the complaint, or part of the complaint, to be dealt with by another agency—stating that, if the complainant wishes the Registrar to deal with the complaint or any part of the complaint, the complainant must, within 21 days after the date of the notice, give to the Registrar a written statement to this effect.
(4) If the Registrar does not receive a statement from the complainant under paragraph (3)(b) in relation to the complaint or a part of the complaint, the Registrar must not deal with the complaint or that part of the complaint.
(1) If the Registrar of Marriage Celebrants decides under paragraph 37T(1)(a) that a complaint should be dealt with and, if applicable, the complainant has given to the Registrar a statement under paragraph 37T(3)(b), the Registrar must, as soon as practicable, give to the complainant a written notice stating that:
(a) the complainant may, within 21 days after the date of the notice, or a longer period agreed to by the Registrar within those 21 days, give to the Registrar additional material, in writing, in support of the complaint (including signed statements by any witnesses); and
(b) in dealing with the complaint, the Registrar may, at any time, ask the complainant to give to the Registrar further information in relation to the complaint; and
(c) a copy of the complaint and any supporting material given by the complainant (excluding any information disclosing the contact details of the complainant or any supporting witness) will be given to the marriage celebrant for his or her response. (2) If the Registrar considers that any additional material given to the Registrar in support of a complaint discloses a new complaint in relation to the performance of the marriage celebrant in relation to the marriage, or intended marriage, that is the subject of the original complaint, the Registrar must, as soon as practicable, notify the complainant, in writing, that:
(a) the marriage celebrant is not required to respond to the new complaint; and
(b) if the complainant wishes to pursue the new complaint, he or she must make a separate complaint; and
(c) if the complainant makes a separate complaint, the Registrar may deal with both the original and the new complaint together.
(4) As soon as practicable after the end of the period referred to in paragraph (1)(a), the Registrar must, give to the marriage celebrant:
(a) a written notice stating that:
(i) the complaint has been made; and
(ii) the marriage celebrant may, within 21 days after the date of the notice, or a longer period agreed to by the Registrar within those 21 days, give to the Registrar a written response to the complaint and any additional material, in writing, in support of the response (including signed statements by any witnesses); and
(iii) a copy of any response and supporting material given by the marriage celebrant (excluding any information disclosing the contact details of any supporting witness) may be given to the complainant; and
(iv) if the marriage celebrant does not give a written response within the time mentioned in subparagraph (ii), the Registrar may deal with the complaint without further notice to the marriage celebrant; and
(b) a copy of the complaint and any supporting material given by the complainant (excluding any information disclosing the contact details of the complainant or any supporting witness).
(5) As soon as practicable after receiving a response from the marriage celebrant or, if no response is received, as soon as practicable after the period in which a response could be given, the Registrar must:
(a) consider any material given by the complainant and the marriage celebrant; and
(b) decide whether to resolve the complaint by conciliation (under regulation 37V) or by determination (under regulation 37W).
(6) The Registrar must decide to resolve the complaint by determination if the Registrar considers that:
(a) the nature of the complaint makes it inappropriate to resolve the complaint by conciliation; or
(b) the complaint is unlikely to be resolved by conciliation.
(7) At any time before finally resolving the complaint, the Registrar may, on the basis of a ground mentioned in any of paragraphs 37T(2)(c) to (e), decide not to continue dealing with the complaint.
(8) If the Registrar makes a decision under subregulation (7) not to continue dealing with the complaint, the Registrar must, as soon as practicable after making the decision:
(a) give the complainant written notice of the decision; and
(b) if the Registrar has given the marriage celebrant a copy of the complaint under subregulation 37U(4)—give the marriage celebrant written notice of the decision.
(1) This regulation sets out the procedures for resolving a complaint by conciliation.
(2) The Registrar of Marriage Celebrants must attempt to resolve the complaint in a way that is most agreeable to the complainant and the marriage celebrant, including (but not limited to) the following:
(a) the marriage celebrant giving an apology;
(b) the marriage celebrant giving an undertaking in relation to his or her future conduct;
(c) the complainant withdrawing the complaint.
(3) If the complaint is resolved by conciliation, the Registrar must, as soon as practicable, give to the complainant and the marriage celebrant a written summary of the resolution of the complaint.
(4) The resolution of a complaint by conciliation is taken not to be consideration of the complaint for the purposes of paragraph 39I(1)(d) of the Act.
Note: Section 39I of the Act permits the Registrar to take specified disciplinary measures against a marriage celebrant in certain circumstances. The effect of subregulation (4) is that the Registrar may not take a disciplinary measure against the marriage celebrant on the basis of having resolved a complaint about a marriage celebrant by conciliation under this regulation. However, the record of the resolution of the complaint by conciliation will be kept on the marriage celebrant’s file for other purposes under the Act (see, for example, section 39H of the Act relating to performance review).
(5) If, after attempting to resolve the complaint under subregulation (2), the Registrar decides that the complaint is unlikely to be resolved by conciliation, the Registrar must, as soon as practicable after making the decision:
(a) notify the complainant and the marriage celebrant, in writing, that the complaint is to be resolved by determination under regulation 37W; and
(b) resolve the complaint by determination under that regulation.
(1) This regulation sets out the procedures for resolving a complaint by determination.
(2) As soon as practicable after deciding to resolve a complaint by determination, the Registrar of Marriage Celebrants must determine whether the complaint is well‑founded.
(3) In determining whether a complaint is well‑founded, the Registrar must take into account:
(a) the original complaint, and any additional material in support of the complaint, given by the complainant; and
(b) any response, and any additional material in support of the response, given by the marriage celebrant.
Note: For notification of the determination, see regulation 37Y.
(1) If the Registrar of Marriage Celebrants determines that a complaint is well‑founded, the Registrar must decide:
(a) whether it is appropriate to take a disciplinary measure against the marriage celebrant under section 39I of the Act; and
(b) whether it is appropriate to take any other action in relation to the complaint (such as a request or recommendation to the marriage celebrant to offer redress to the complainant).
(2) In deciding whether it is appropriate to take a disciplinary measure against the marriage celebrant, or any other action in relation to the complaint, the Registrar may take into account any information held, in writing, by the Registrar in relation to the marriage celebrant that the Registrar considers is relevant.
(3) For paragraph (1)(a), if it appears to the Registrar that it is appropriate to take a disciplinary measure against the marriage celebrant, the Registrar must, as soon as practicable, give to the marriage celebrant:
(a) a written notice stating:
(i) the disciplinary measures that the Registrar may take against the marriage celebrant under subsection 39I(2) of the Act; and
(ii) the disciplinary measure that the Registrar proposes to take against the marriage celebrant, and the date (being a date that is at least 21 days after the date of the notice) when the proposed disciplinary measure is to come into effect; and
(iii) the marriage celebrant’s right under subregulation (4) to make a submission, for consideration by the Registrar, about the appropriateness of the disciplinary measure proposed by the Registrar; and
(b) a copy of any information mentioned in subregulation (2).
(4) The marriage celebrant may, within 21 days after the date of the notice given under paragraph (3)(a), or a longer period agreed to by the Registrar within those 21 days, make a written submission to the Registrar about the appropriateness of the disciplinary measure proposed by the Registrar.
(5) As soon as practicable after receiving a submission from the marriage celebrant under subregulation (4), the Registrar must consider the submission and decide whether it is appropriate to take the proposed disciplinary measure or another disciplinary measure.
(1) If the Registrar of Marriage Celebrants determines under regulation 37W that a complaint is not well‑founded, the Registrar must, as soon as practicable after making the determination, give to the complainant and the marriage celebrant a written notice, signed and dated by the Registrar, stating the determination and the reasons for making it.
(2) If the Registrar determines under regulation 37W that a complaint is well‑founded, the Registrar must, as soon as practicable after making the decisions under paragraphs 37X(1)(a) and (b) in relation to the complaint, give to the complainant and the marriage celebrant a written notice, signed and dated by the Registrar, stating:
(a) the determination and the reasons for making it; and
(b) whether the Registrar has decided to take any disciplinary measure under paragraph 37X(1)(a) and, if so, what measure is to be taken; and
(c) whether the Registrar has decided to take any action under paragraph 37X(1)(b) and, if so, what action is to be taken.
Note: If the Registrar decides to take a disciplinary measure against the marriage celebrant:
(a) the Registrar must also give to the marriage celebrant written notice, under paragraph 39I(4)(a) of the Act, of the decision, the reasons for it, the disciplinary measure that is to be taken, and the marriage celebrant’s right, under section 39J of the Act, to apply for review of the decision; and
(b) the Registrar may, under paragraph 39I(4)(b) of the Act, inform the community, in any way the Registrar thinks appropriate, including by electronic means, that the disciplinary measure is to be taken against the marriage celebrant.
For paragraph 39K(b) of the Act, the Registrar of Marriage Celebrants must keep a copy of the following documents in relation to any complaint about the marriage celebrant dealt with by the Registrar under this Subdivision:
(a) the original complaint;
(b) the notice given to the complainant under subregulation 37T(3) stating the outcome of the preliminary assessment;
(c) any other notice and document in relation to the complaint given to the complainant by the Registrar;
(d) any other document in relation to the complaint given to the Registrar by the complainant;
(e) any notice and document in relation to the complaint given to the marriage celebrant by the Registrar;
(f) any document in relation to the complaint given to the Registrar by the marriage celebrant;
(g) if the complaint was resolved by conciliation—the summary of the resolution of the complaint;
(h) if the complaint was resolved by determination—the notice given to the complainant and the marriage celebrant under regulation 37Y;
(i) if, in relation to a complaint mentioned in paragraph (h), the Registrar decided that it was appropriate to take a disciplinary measure against the marriage celebrant:
(i) the notice given to the marriage celebrant under paragraph 37X(3)(a); and
(ii) any information given to the marriage celebrant under paragraph 37X(3)(b); and
(iii) any submission made by the marriage celebrant under subregulation 37X(4); and
(iv) the notice given to the marriage celebrant under paragraph 39I(4)(a) of the Act;
(j) if the Registrar decided under subregulation 37U(7) not to continue dealing with the complaint:
(i) the notice given to the complainant under subregulation 37U(8); and
(ii) the notice (if any) given to the marriage celebrant under subregulation 37U(8).
(2) An authorized celebrant to whom a notice of intended marriage is given must endorse on the notice the date when it was received.
(3) An authorized celebrant who solemnizes a marriage must endorse on the notice of intended marriage the following information:
(a) the date when, and the place where, the marriage was solemnized;
(b) the kind of document, in respect of each party to the marriage, that was given to the authorized celebrant as required by paragraph 42(1)(b) of the Act;
(c) if a party to the marriage was a minor—that a consent under paragraph 13(1)(a) of the Act, or a dispensation of consent under paragraph 13(1)(b) of the Act, was given to the authorized celebrant;
(d) if a party to the marriage was previously married—that evidence of the dissolution or annulment of the previous marriage, or of the death of the party’s previous spouse, was given to the authorized celebrant;
(e) if the notice was received later than 1 month before the date of the marriage—that an authority to solemnize the marriage, given by a prescribed authority under subsection 42(5) of the Act, was given to the authorized celebrant.
Penalty: 1 penalty unit.
For subparagraph 42(1)(c)(iii) of the Act, a declaration must state:
(a) that the party making the declaration has turned 18 years; or
(b) if the party has not turned 18 years:
(i) the party’s date of birth; and
(ii) that an order has been made under section 12 of the Act in relation to the party.
For subsection 42(5) of the Act, the circumstances mentioned in Schedule 1B are prescribed.
(1) For paragraph 50(1)(a) of the Act, Form 15 is prescribed for a certificate of marriage.
(2) A certificate of marriage for a marriage solemnised on or after 1 September 2005 is not in the prescribed form unless:
(a) the wording of the certificate is in strict compliance with Form 15; and
(b) it is set out on a document:
(i) prepared and supplied, as an incomplete certificate, by a person authorised by the Minister; and
(ii) accountable, as a unique document, by the application of measures to the satisfaction of the Minister.
(3) The Minister must ensure that, at any time, no more than 1 person is authorised for the purposes of subparagraph (2)(b)(i).
(4) An authorised celebrant must:
(a) keep the following records, in a form acceptable to the Minister, for each document mentioned in paragraph (2)(b) that is supplied to the celebrant:
(i) any serial number printed on the document by the supplier;
(ii) if the document is used by the celebrant in relation to a marriage—the date of, and names of the parties to, the marriage;
(iii) if the document is transferred to another authorised celebrant—the date of transfer and the name and authorisation number of the celebrant;
(iv) if the document is destroyed—the date of, and reason for, its destruction;
(v) if an event not mentioned in subparagraph (ii), (iii) or (iv) occurs in relation to the document—the details of that event; and
(b) on receiving a written request from the Minister, provide a copy of the records in relation to a particular document:
(i) to the person specified in the request; and
(ii) within the period specified in the request.
Penalty: 2 penalty units.
(5) An offence against subregulation (4) is an offence of strict liability.
Note: For
strict liability , see section 6.1 of theCriminal Code .
For paragraph 50(4)(a) of the Act, the appropriate registering authority of a State or Territory is the registering authority mentioned in column 3 of the item in Schedule 2 relating to that State or Territory.
(1) An authorized celebrant who is a minister of religion registered under Division 1 of Part IV of the Act on the nomination of or in respect of a recognized denomination shall incorporate the retained official certificate of a marriage solemnized by him or her:
(a) if the marriage was solemnized in a church of that denomination that is in a parish or other district in charge of a minister of religion of that denomination—with the records of that parish or other district;
A marriage celebrant must respect the importance of the marriage ceremony to the parties and the other persons organising the ceremony. To that end, the marriage celebrant must do the following:
(a) give the parties information and guidance to enable them to choose or compose a marriage ceremony that will meet their needs and expectations;
(b) respect the privacy and confidentiality of the parties;
(c) maintain appropriate facilities to interview parties and provide office facilities, including facilities for the secure storage of records;
(d) within a reasonable time before the marriage ceremony:
(i) confirm all details with the parties; and
(ii) ensure the return of all personal documents belonging to the parties (unless it is necessary to keep the documents for the ceremony); and
(iii) sign any necessary declarations;
(e) if requested by the parties, conduct a marriage ceremony rehearsal;
(f) ensure that his or her personal presentation is of an appropriate standard for the marriage ceremony, and respect the expectations of the parties in relation to the ceremony;
(g) make efforts to ensure that the marriage ceremony is audible to all those present (using audio equipment, if required);
(h) ensure accuracy in the preparation of documents, and in the conduct of the marriage ceremony;
(i) arrive at the venue for the marriage ceremony no later than the time agreed with the parties;
(j) if the marriage celebrant has agreed to perform more than one marriage ceremony on the same day:
(i) ensure that the parties to each marriage receive a level of service that meets their separate and special requirements; and
(ii) be available at the venue for each marriage ceremony at least 20 minutes before the agreed commencement of each ceremony (unless, in the case of consecutive ceremonies, the ceremonies are to be held at the same venue);
(k) ensure that all relevant documents are completed and sent to the appropriate registering authority within 14 days after the marriage ceremony, as required by section 50 of the
Marriage Act 1961 ;(l) in relation to the provision of marriage services, accept evaluative comment from the parties, and use any comments to improve performance;
(m) give the parties information about how to notify the Commonwealth Attorney‑General’s Department of any concerns or complaints they may have regarding the marriage services provided by the marriage celebrant.
6
Knowledge and understanding of family relationships services A marriage celebrant must:
(a) maintain an up‑to‑date knowledge about appropriate family relationships services in the community; and
(b) inform parties about the range of information and services available to them to enhance, and sustain them throughout, their relationship.
(regulation 39)
(1) A circumstance is that the marriage should be solemnized despite the required notice not having been received in time because a party to the intended marriage or someone involved with the proposed wedding:
(a) has employment commitments that necessitate the person’s absence from the location of the proposed wedding for a considerable period of time; or
(b) has other travel commitments.
Examples 1 A party to the intended marriage has accepted an offer of employment for imminent transfer or posting overseas or to a part of Australia distant from the location of the proposed wedding for at least 3 months, and wishes to be married with the party’s family and friends present before the departure.
2 A party to the intended marriage realises that a close relative or friend of the party is in Australia but the relative or friend has a non‑redeemable ticket for departure from Australia within less than a month, and the party wishes the relative or friend to be present at the wedding.
(2) In determining whether the circumstance in subclause (1) is met, the prescribed authority may take into account the following:
(a) documents relating to the employment commitments such as a letter of offer and a letter of acceptance;
(b) documents relating to the travel such as a dated receipt or a ticket;
(c) any explanation provided for not giving the notice sooner;
(d) any explanation provided for not postponing the proposed wedding;
(e) whether hardship would be caused to a party to the intended marriage if the marriage is not solemnized as proposed;
(f) any other matter that the prescribed authority considers relevant.
(1) A circumstance is that the marriage should be solemnized despite the required notice not having been received in time because of the binding nature of the wedding arrangements or celebration arrangements made in connection with the intended marriage, or because of any religious consideration.
Example Arrangements and non‑refundable payments of a considerable sum have been made for the proposed wedding, or for any celebration associated with the intended marriage, and the date for the wedding or celebration cannot be changed.
(2) In determining whether the circumstance in subclause (1) is met, the prescribed authority may take into account the following:
(a) documents showing the extent of preparations for the proposed wedding, such as receipts showing dates and amounts of payments connected with the wedding;
(b) in the case of a religious consideration—the nature of the consideration;
(c) any explanation provided for not giving the notice sooner;
(d) any explanation provided for not postponing the proposed wedding;
(e) whether hardship would be caused to a party to the intended marriage if the marriage is not solemnized as proposed;
(f) any other matter that the prescribed authority considers relevant.
(1) A circumstance is that the marriage should be solemnized despite the required notice not having been received in time because a party to the intended marriage, or someone involved with the proposed wedding, is suffering from a medical condition of a serious nature.
Example: A party to the intended marriage, or a parent or close relative of the party, has a serious illness that will prevent the person from attending the wedding unless it is held in less than a month.
(2) In determining whether the circumstance in subclause (1) is met, the prescribed authority may take into account the following:
(a) a letter from a medical practitioner or other health professional confirming the relevant health circumstances;
(b) any explanation provided for not giving the notice sooner;
(c) any other matter that the prescribed authority considers relevant.
(1) A circumstance is that the marriage should be solemnized despite the required notice not having been received in time because a party to the intended marriage is involved in a legal proceeding.
Example: A party to the intended marriage is subject to a pending court proceeding, and is at risk of imprisonment.
(2) In determining whether the circumstance in subclause (1) is met, the prescribed authority may take into account the following:
(a) a sealed copy of any applicable court order;
(b) a letter from the party’s solicitor stating the dates and nature of a pending court proceeding;
(c) any explanation provided for not giving the notice sooner;
(d) any explanation provided for not postponing the proposed wedding;
(e) whether hardship would be caused to a party to the intended marriage if the marriage is not solemnized as proposed;
(f) any other matter that the prescribed authority considers relevant.
(1) A circumstance is that the marriage should be solemnized despite the required notice not having been received in time because:
(a) it was due only to error on the part of an authorized celebrant (or a person whom the parties to the intended marriage believed to be an authorized celebrant) that the required notice was not given or that the notice given was invalid, stale or lost; and
(b) arrangements have been made for the proposed wedding to take place within the one month period.
Examples:
1 The parties have given significant notice to the authorized celebrant orally, and arrangements for the proposed wedding have been made, but written notice was not given in the required time because the authorized celebrant failed to explain the notice requirements properly.
2 The parties have given written notice in the required time, and arrangements for the proposed wedding have been made, but the notice is invalid because the person to whom the notice was given was not yet registered as a marriage celebrant.
3 The parties have given written notice in the required time, and arrangements for celebrations have been made to follow the marriage ceremony, but the notice was lost by the authorized celebrant.
(2) In determining whether the circumstance in subclause (1) is met, the prescribed authority may take into account the following:
(a) documents confirming why the notice was not given, such as a letter confirming an earlier interview with the parties to the intended marriage;
(b) a letter from the person to whom the notice was given explaining why the notice was invalid, stale or lost;
(c) documents showing the arrangements made in connection with the proposed wedding;
(d) any other matter that the prescribed authority considers relevant.
(regulation 41, subregulations 37R (2), 42 (4) and 42A (4) and regulation 54)
1 | New South Wales | Registrar of Births, Deaths and Marriages for New South Wales |
2 | Victoria | Registrar of Births, Deaths and Marriages for Victoria |
3 | Queensland | Registrar‑General of Births, Deaths and Marriages for Queensland |
4 | Western Australia | Registrar of Births, Deaths and Marriages for Western Australia |
5 | South Australia | Registrar of Births, Deaths and Marriages for South Australia |
6 | Tasmania | Registrar‑General for the purposes of the |
7 | Australian Capital Territory | Registrar‑General under the |
8 | Northern Territory | Registrar of Births, Deaths and Marriages for the Northern Territory |
9 | Norfolk Island | Registrar of Births, Deaths and Marriages for Norfolk Island |
(subregulation 42A (1))
1 | New South Wales | (a) Registrar of Births, Deaths and Marriages
| |||||
1A | Victoria | (a) Registrar of Births, Deaths and Marriages
| |||||
2 | Queensland | (a) Registrar‑General (b) Deputy Registrar‑General (c) Registry Team Leader (d) Registry Officer | |||||
3 | Western Australia | (a) Registrar of Births, Deaths and Marriages
(c) Manager (Registrations and Policy) (d) Manager (Customer Services) (e) Team Supervisor (Customer Services) (f) Customer Service Representative
| |||||
Perth Albany Armadale Broome Bunbury Busselton Carnarvon Derby Esperance | Fremantle Geraldton Halls Creek Kalgoorlie Katanning Kunnunurra Leonora Manjimup Merredin | Midland Moora Mount Magnet Narrogin Northam Pinjarra Roebourne South Hedland | |||||
| |||||||
Beverley Bridgetown Bruce Rock Collie Coolgardie Exmouth Harvey | Joondalup Karratha Mandurah Marble Bar Meekatharra Newman Norseman | Onslow Rockingham Southern Cross Tom Price Wagin Wyndham | |||||
4 | South Australia | (a) Registrar of Births, Deaths and Marriages
(c) Assistant Registrar (Registrations) (d) Assistant Registrar (Applications) (e) Marriage Officer (f) Personal Assistant (g) Clerical Officers who are marriage celebrants | |||||
5 | Tasmania | (a) Registrar‑General (b) Deputy Registrar‑General (c) Registrar of Births and Deaths, Hobart (d) Deputy Registrar of Births and Deaths, Hobart (e) Registrar of Births and Deaths, Launceston
| |||||
6 | Northern Territory | (a) Registrar of Births, Deaths and Marriages
| |||||
(regulation 51)
Argentine Republic
Republic of Austria
Kingdom of Belgium
Federative Republic of Brazil
Union of Burma
Republic of Chile
Kingdom of Denmark
Federal Republic of Germany (including Western Berlin)
Hellenic Republic
Republic of India
Republic of Indonesia
Ireland
Italian Republic
Japan
Republic of Korea
Lebanese Republic
Kingdom of the Netherlands
New Caledonia and Dependancies
Federal Republic of Nigeria
Pakistan
Polish People’s Republic
Republic of Philippines
Republic of South Africa
Spain
Kingdom of Sweden
Swiss Confederation
Union of Soviet Socialist Republics
United States of America
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA
= | Sch = Schedule(s) |
LIA
= | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
1963 No. 31 | 11 Apr 1963 | 1 Sept 1963 (r 2 and gaz 1963, No 48 p 1977) | |
1971 No. 6 | 21 Jan 1971 | 1 Feb 1971 (r 2) | r 8(2) and 18 |
1973 No. 129 | 2 July 1973 | 2 July 1973 (r 2) | — |
1974 No. 28 | 19 Mar 1974 | 19 Mar 1974 (r 2) | r 2 |
1974 No. 188 | 15 Oct 1974 | 15 Oct 1974 (r 2) | — |
1974 No. 246 | 23 Dec 1974 | 23 Dec 1974 (r 2) | — |
1976 No. 8 | 22 Jan 1976 | 22 Jan 1976 (r 2) | — |
1977 No. 66 | 3 June 1977 | 3 June 1977 (r 2) | — |
1979 No. 156 | 9 Aug 1974 | 9 Aug 1974 (r 2) | — |
1984 No. 3 | 26 Jan 1984 | 26 Jan 1984 (r 2) | — |
1986 No. 227 | 4 Sept 1986 | 4 Sept 1986 (r 2) | — |
1986 No. 229 | 4 Sept 1986 | 4 Sept 1986 (r 2) | — |
1988 No. 223 | 7 Sept 1988 | 7 Sept 1988 (r 2) | — |
1988 No. 276 | 15 Nov 1988 | 15 Nov 1988 (r 2) | — |
1990 No. 246 | 24 July 1990 | 1 Aug 1990 (r 2) | — |
1991 No. 328 | 29 Oct 1991 | 1 Nov 1991 (r 2) | — |
1992 No. 32 | 7 Feb 1992 | 7 Feb 1992 (r 2) | — |
1992 No. 294 | 24 Sept 1992 | 1 Nov 1992 (r 2) | — |
1995 No. 165 | 30 June 1995 | 1 July 1995 (r 2) | — |
2001 No. 265 | 5 Oct 2001 | 5 Oct 2001 (r 2) | — |
2002 No. 251 | 31 Oct 2002 | 5 Nov 2002 (r 2) | — |
2003 No. 46 | 8 Apr 2003 | 8 Apr 2003 (r 2) | — |
2003 No. 198 | 6 Aug 2003 | 1 Sept 2003 (r 2 and gaz 2003, No GN31) | — |
2005 No. 122 | 16 June 2005 (F2005L01426) | 17 June 2005 (r 2) | — |
2006 No. 130 | 15 June 2006 (F2006L01764) | 1 July 2006 (r 2) | — |
2006 No. 208 | 11 Aug 2006 (F2006L02600) | 1 Sept 2006 (r 2) | — |
2009 No. 200 | 13 Aug 2009 (F2009L03119) | Sch 1: 14 Aug 2009 (r 2(a)) Sch 2: 3 Feb 2010 (r 2(b)) | — |
2009 No. 359 | 14 Dec 2009 (F2009L04501) | r 1–4 and Sch 1: 15 Dec 2009 (r 2(a)) Sch 2: 3 Feb 2010 (r 2(b)) | r 4 |
2010 No. 169 | 30 June 2010 (F2010L01779) | 1 July 2010 (r 2) | — |
71, 2014 | 13 June 2014 (F2014L00715) | 1 July 2014 (s 2) | — |
82, 2015 | 18 June 2015 (F2015L00836) | 1 July 2015 (s 2(1) item 1) | — |
Marriage Amendment Regulation 2016 (No. 1) | 11 Mar 2016 (F2016L00303) | 12 Mar 2016 (s 2(1) item 1) | — |
r 1............................................. | rs 2001 No 265 |
r 3............................................. | rep 1977 No 66 |
r 4............................................. | am 1973 No 129; 1977 No 66; 1986 No 227; 2002 No 251; 2003 No 198; 2009 No 359; No 71, 2014 |
r 4A........................................... | ad 2001 No 265 |
r 5............................................. | am 2002 No 251 |
r 6............................................. | am 1977 No 66; 2002 No 251 |
rep No 71, 2014 | |
r 7............................................. | am 1971 No 6; 1973 No 129; 2001 No 265 |
r 8............................................. | am 1973 No 129 |
r 9............................................. | am 1973 No 129; 2001 No 265 |
r 10............................................ | am No 71, 2014 |
r 11............................................ | am No 71, 2014 |
r 12............................................ | am 1977 No 66; No 71, 2014 |
r 13............................................ | am 1977 No 66; No 71, 2014 |
r 14............................................ | am 1977 No 66 |
r 15............................................ | am 1973 No 129 |
r 16............................................ | am No 71, 2014 |
r 18............................................ | am 2002 No 251 |
r 19............................................ |
am 1977 No 66 | |
r 20............................................ | am No 71, 2014 |
r 21............................................ | am 1977 No 66 |
r 21A......................................... | ad 1971 No 6 |
am 1977 No 66 | |
r 22............................................ | am 1977 No 66 |
r 23............................................ | am No 71, 2014 |
r 27............................................ | am 1973 No 129 |
r 28............................................ | am 1973 No 129; 2001 No 265 |
r 29............................................ | am 1973 No 129; 2001 No 265 |
r 30............................................ | am 1977 No 66 |
Division 1 heading...................... | rs 2003 No 198 |
r 31............................................ | rep No 71, 2014 |
r 32............................................ | rep No 71, 2014 |
r 33............................................ | am No 71, 2014 |
r 34............................................ | am 1971 No 6 |
r 37............................................ | am 1973 No 129; 2001 No 265 |
Division 1A................................ | ad 2003 No 198 |
r 37E.......................................... | ad 2003 No 198 |
r 37F.......................................... | ad 2003 No 198 |
rs 2009 No 200 | |
am 2009 No 359; 2010 No 169; No 71, 2014; F2016L00303 | |
r 37G......................................... | ad No 198, 2003 |
rs No 200, 2009 | |
am No 359, 2009 | |
am No 71, 2014; No 82, 2015; F2016L00303 | |
r 37H......................................... | ad 2003 No 198 |
rs No 71, 2014 | |
r 37HA....................................... | ad No 359, 2009 |
rs No 71, 2014 | |
am No 82, 2015 | |
r 37HB....................................... | ad No 71, 2014 |
r 37I........................................... | ad 2003 No 198 |
am 2009 No 359; No 71, 2014 | |
r 37J.......................................... | ad No 198, 2003 |
am No 359, 2009 | |
rs No 71, 2014 | |
am No 82, 2015 | |
r 37JA........................................ | ad No 71, 2014 |
am No 82, 2015 | |
r 37JAA..................................... | ad No 82, 2015 |
r 37JB........................................ | ad No 71, 2014 |
am No 82, 2015 | |
r 37JC........................................ | ad No 71, 2014 |
am No 82, 2015 | |
r 37JD........................................ | ad No 71, 2014 |
am No 82, 2015 | |
r 37JE........................................ | ad No 71, 2014 |
r 37K......................................... | ad 2003 No 198 |
am 2006 No 208 | |
rep 2009 No 359 | |
r 37L.......................................... | ad 2003 No 198 |
am No 71, 2014 | |
r 37M......................................... | ad 2003 No 198 |
rs 2009 No 359 | |
am 2010 No 169; No 71, 2014 | |
r 37M......................................... | am No 71, 2014 |
r 37MA...................................... | ad No 71, 2014 |
r 37MB...................................... | ad No 71, 2014 |
r 37MC...................................... | ad No 71, 2014 |
r 37N......................................... | ad 2003 No 198 |
am 2009 No 359; No 71, 2014 | |
r 37O......................................... | ad 2003 No 198 |
r 37P.......................................... | ad 2003 No 198 |
am 2009 No 359 | |
r 37Q......................................... | ad 2003 No 198 |
r 37R......................................... | ad 2003 No 198 |
r 37S.......................................... | ad No 198, 2003 |
am No 82, 2015 | |
r 37T.......................................... | ad 2003 No 198 |
r 37U......................................... | ad No 198, 2003 |
am No 82, 2015 | |
r 37V......................................... | ad 2003 No 198 |
r 37W........................................ | ad 2003 No 198 |
r 37X......................................... | ad 2003 No 198 |
r 37Y......................................... | ad 2003 No 198 |
r 37Z.......................................... | ad No 198, 2003 |
am No 82, 2015 | |
Division 2 heading...................... | rs 2002 No 251 |
r 38............................................ | am 1973 No 129 |
rs 2002 No 251 | |
am No 71, 2014 | |
r 38A (prev r 39)......................... | am 1973 No 129 |
rs 2002 No 251 | |
renum 2003 No 46 | |
rs No 71, 2014 | |
r 39............................................ | ad 2003 No 46 |
r 39A......................................... | ad 1977 No 66 |
rep No 71, 2014 | |
r 40............................................ | rs 2005 No 122 |
am No 71, 2014 | |
r 41............................................ | am 1973 No 129 |
rs 2002 No 251 | |
r 42............................................ | am 2002 No 251 |
r 42A......................................... | ad 1973 No 129 |
rs 2002 No 251 | |
r 43............................................ | am 1973 No 129; 2001 No 265; 2002 No 251 |
Part IV heading........................... | rs 2002 No 251 |
r 44............................................ | am 1973 No 129 |
rep 2002 No 251 | |
r 45............................................ | rep 2002 No 251 |
r 46............................................ | am 1973 No 129 |
rs 2002 No 251; No 71, 2014 | |
r 47............................................ | am 2002 No 251 |
rs 2005 No 122 | |
am No 71, 2014 | |
r 48............................................ | am 1977 No 66; 2002 No 251 |
r 49............................................ | am 2002 No 251 |
rep No 71, 2014 | |
r 50............................................ | am 2002 No 251 |
rep No 71, 2014 | |
r 51............................................ | rs 1971 No 6 |
am 2002 No 251 | |
r 52............................................ | am 1977 No 66 |
r 53............................................ | am 1973 No 129; 2001 No 265 |
r 54............................................ | rs 2002 No 251 |
r 55............................................ | am 1973 No 129 |
r 57............................................ | am 1971 No 6; No 71, 2014 |
r 58............................................ | am No 71, 2014 |
r 59............................................ | am No 71, 2014 |
r 60............................................ | am 1971 No 6; 1973 No 129; 2001 No 265; No 71, 2014 |
r 62............................................ | am No 71, 2014 |
r 63A......................................... | ad 1971 No 6 |
r 68............................................ | am No 71, 2014 |
r 70............................................ | am No 71, 2014 |
Part VA...................................... | ad 1971 No 6 |
r 71A......................................... | ad 1971 No 6 |
r 71B......................................... | ad 1971 No 6 |
r 71C......................................... | ad 1971 No 6 |
r 72............................................ | rep No 71, 2014 |
r 73............................................ | am 1977 No 66; 2003 No 46 |
r 74............................................ | am 1971 No 6; 1974 No 246; 1984 No 3; 1988 No 276; 1990 No 246; 1995 No 165 |
rep 2002 No 251 | |
r 75............................................ | am 1973 No 129; 2001 No 265 |
r 76............................................ | ad 1971 No 6 |
rep 2002 No 251 | |
First Schedule heading................. | rep 2002 No 251 |
Schedule 1 heading...................... | ad 2002 No 251 |
First Schedule............................. | am No 6, 1971; No 129, 1973; No 66, 1977; No 227, 1986; No 229; 1986; No 328, 1991; No 32, 1992 |
Schedule 1.................................. | am No 251, 2002; No 46, 2003; No 198, 2003 |
Form 1....................................... | 1963 No 31 |
rep No 71, 2014 | |
Form 2....................................... | 1963 No 31 |
rep No 71, 2014 | |
Form 3....................................... | 1963 No 31 |
rep No 71, 2014 | |
Form 4....................................... | 1963 No 31 |
am 1977 No 66 | |
rs 2009 No 359 | |
rep No 71, 2014 | |
Form 5....................................... | 1963 No 31 |
rs 1977 No 66 | |
rep No 71, 2014 | |
Form 5A.................................... | ad 1977 No 66 |
rep No 71, 2014 | |
Form 5B..................................... | ad 1977 No 66 |
rep No 71, 2014 | |
Form 6....................................... | 1963 No 31 |
rep No 71, 2014 | |
Form 7....................................... | 1963 No 31 |
am 1973 No 129; 1971 No 6; 2009 No 359 | |
rep No 71, 2014 | |
Form 8....................................... | 1963 No 31 |
rep No 71, 2014 | |
Form 9....................................... | 1963 No 31 |
am 1973 No 129 | |
rep No 71, 2014 | |
Form 10..................................... | 1963 No 31 |
rep No 71, 2014 | |
Form 11..................................... | 1963 No 31 |
am 1973 No 129 | |
rep No 71, 2014 | |
Form 12..................................... | 1963 No 31 |
am 1973 No 129 | |
rs 1977 No 66 | |
rep No 71, 2014 | |
Form 12A................................... | ad 2003 No 198 |
am No 200, 2009; No 359, 2009 | |
rs 2009 No 359 | |
rep No 71, 2014 | |
Form 12B................................... | ad 2003 No 198 |
rs 2009 No 359 | |
rep No 71, 2014 | |
Form 12C................................... | ad 2003 No 198 |
rep 2009 No 359 | |
Form 12D................................... | ad 2003 No 198 |
rep No 71, 2014 | |
Form 13..................................... | am 1973 No 129; 1986 No 227 |
rs 2002 No 251 | |
rep No 71, 2014 | |
Form 14..................................... | am 1973 No 129; 1977 No 66; 1986 No 227 |
rs 2002 No 251 | |
am 2003 No 46 | |
rep No 71, 2014 | |
Form 14A................................... | ad 1977 No 66 |
am 1986 No 227; 1986 No 229 | |
rs 1991 No 328; 1992 No 32 | |
am 2006 No 130 | |
rep No 71, 2014 | |
Form 15..................................... | 1963 No 31 |
rs 1971 No 6; 2005 No 122 | |
Form 16..................................... | 1963 No 31 |
rs 1971 No 6; 2005 No 122 | |
rep No 71, 2014 | |
Form 17..................................... | am 1973 No 129; 1986 No 227 |
rep 2002 No 251 | |
Form 18 .................................... | rep 2002 No 251 |
Form 19 .................................... | am 2002 No 251 |
rep No 71, 2014 | |
Form 20..................................... | rs 2002 No 251 |
rep No 71, 2014 | |
Form 21..................................... | 1963 No 31 |
am 1986 No 227 | |
rep No 71, 2014 | |
Form 22..................................... | 1963 No 31 |
am 1986 No 227 | |
rep No 71, 2014 | |
Form 23..................................... | 1963 No 31 |
rep No 71, 2014 | |
Form 24..................................... | 1963 No 31 |
rep No 71, 2014 | |
Schedule 1A............................... | ad 2003 No 198 |
Schedule 1B............................... | ad 2003 No 46 |
Second Schedule......................... | am 1976 No 8; 1986 No 227 |
rep 2002 No 251 | |
Schedule 2.................................. | ad 2002 No 251 |
Schedule 2 heading...................... | rs 2003 No 198 |
Third Schedule............................ | am 1973 No 129; 1976 No 8 |
rep 2002 No 251 | |
Schedule 3.................................. | ad 2002 No 251 |
am No 71, 2014 | |
Fourth Schedule heading.............. | rep 2002 No 251 |
Schedule 4 heading...................... | ad 2002 No 251 |
Fourth Schedule.......................... | rs 1971 No 6 |
am 1973 No 129; 1977 No 66; 1984 No 3 | |
Fifth Schedule............................. | rs 1971 No 6 |
am No 28, 1974; No 188, 1974; No 246; 1974; No 156, 1979; No 3, 1984; No 227, 1986; No 223, 1988; No 246, 1990; No 294, 1992; No 165, 1995 | |
rep 2002 No 251 | |
Sixth Schedule............................ | ad 1973 No 129 |
am 1976 No 8; 1986 No 227 | |
rep 2002 No 251 |
0
0
0