Marriage Regulations (Amendment) (Cth)

Statutory Rules

1974 No. 246

REGULATIONS UNDER THE MARRIAGE ACT 1961-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Marriage Act 1961-1973.

Dated this nineteenth day of December, 1974.

John R. Kerr

Governor-General.

By His Excellency’s Command,

Attorney-General.

 

Amendments of the Marriage Regulations 

Fees.

1. Regulation 74 of the Marriage Regulations is amended—

(a) by inserting after sub-regulation (2) the following sub-regulation:—

“(2a) A prescribed authority may remit, either wholly or in part—

(a) the fee for an application for shortening time for giving notice of intended marriage under sub-section 42 (5) of the Act; and

(b) the fee for an application for dispensing with the consent of a person under section 15 of the Act.”.

(b) by omitting from sub-regulation (5) the words “The fee” and substituting the words “Subject to sub-regulation (6), the fee”; and

(c) by adding at the end thereof the following sub-regulation:—

“(6) Notwithstanding the provisions of this regulation—

(a) where an authorized celebrant is a member of the Parliament of Australia or of a State of Australia, the fee otherwise payable to an authorized celebrant for—

(i) solemnizing a marriage by the authorized celebrant;

(ii) a notice of intended marriage given to the authorized celebrant,

is not payable to an authorized celebrant who is such a member; and

* Notified in the Australian Government Gazette on 23 December 1974.

  Statutory Rules 1963, No. 31, as amended by Statutory Rules 1971, No. 6; 1973, No. 129; and 1974, No. 28.

11839/74—Recommended retail price 5c 10/10.12.1974

 

(b) where a prescribed authority is a member of the Parliament of Australia or of a State of Australia the fee otherwise payable to a prescribed authority for—

(i) an application for shortening time for giving notice of intended marriage under section 42 (5) of the Act; or

(ii) an application for dispensing with the consent of a person under section 15 of the Act,

is not payable to a prescribed authority who is such a member.”.

Second Schedule.

2. The Second Schedule to the Marriage Regulations is amended by omitting from the column headed “Appropriate registering authority.” the words “The district registrar for the registry district under the Registration of Births, Deaths, and Marriages Act, 1899-1960, of that State that includes the place” and substituting the words “The Registrar-General for that State”.

Fifth Schedule.

3. The Fifth Schedule to the Marriage Regulations is amended—

(a) by omitting from paragraph (c) of item 12 the words “or the usual place or employment of an officer of Australia or of a State or Territory of Australia” and substituting the words “or, in the case of a marriage solemnized by an officer of Australia or of a State or Territory of Australia during the normal hours of duty of that officer, at a place other than the usual place of employment of that officer”,

(b) by omitting from item 14 the words “under section 45 (2)” and substituting the words “under sub-section 42 (5)”; and

(c) by omitting from item 15 the words “consent of a parent or guardian ” and substituting the words “the consent of a person”.

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