Marriage Regulations (Amendment) (Cth)

Statutory Rules

1973 No. 129

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 twenty-seventh day of June, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

LIONEL MURPHY

Attorney-General.

Amendments of the Marriage Regulations 

Interpretation

1. Regulation 4 of the Marriage Regulations is amended—

(a) by inserting before the definition of “birth certificate” the following definition:—

“ ‘bachelor’ means a male person who has never been validly married;”; and

(b) by inserting after the definition of “notice of intended marriage” the following definition:—

“ ‘spinster’ means a female person who has never been validly married;”.

Consent not in English language.

2. Regulation 9 of the Marriage Regulations is amended by omitting from sub-regulation (1) the word and letter “paragraph (b)” (first occurring) and substituting the word and letter “paragraph (a)”.

Applications under section 12.

3. Regulation 15 of the Marriage Regulations is amended by omitting sub-regulation (2) and substituting the following sub-regulation:—

“(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.”.

* Notified in the Australian Government Gazette on 2 July 1973.

 Statutory Rules 1963, No. 31, as amended by Statutory Rules 1971, No. 6.

Power to examine on oath or affirmation.

4. Regulation 27 of the Marriage Regulations is amended by omitting sub-regulation (2) and substituting the following sub-regulation:—

“(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.”.

Declaration to be made by party to a marriage.

5. Regulation 39 of the Marriage Regulations is amended by omitting the word “twenty-one” and substituting the word “eighteen”.

Appropriate registering authorities.

6. Regulation 41 of the Marriage Regulations is amended by omitting the word and letter “paragraph (b)” and substituting the word and letter “paragraph (a)”.

7. After regulation 42 of the Marriage Regulations the following regulation is inserted:—

Disposal of the retained official certificate of marriage.

“42A. (1) For the purposes of sub-section (1A) of section 50 of the Act, the authorized celebrants who are required to prepare only one official marriage certificate are each of the persons for the time being holding or performing the duties of the offices specified in the second column of the Sixth Schedule opposite the name of the State or Territory specified in the first column of that Schedule.

“(2) Where an authorized celebrant referred to in sub-regulation (1) who is a person authorized to solemnize marriages by virtue of sub-section (1) of section 39 of the Act solemnizes a marriage, he shall, if a law of the State or Territory in which the marriage is solemnized makes provision for the doing by him of anything for the purpose of the binding of the official marriage certificate prepared by him into a register or for the disposal of that certificate in some other manner, deal with that certificate as so provided.

“ (3) Where an authorized celebrant referred to in sub-regulation (1) who is a person authorized to solemnize marriages by virtue of an authorization under sub-section (2) of section 39 of the Act solemnizes a marriage, he shall forward to the principal registering authority for the State or Territory in which the marriage was solemnized the official marriage certificate prepared by him or otherwise deal with the certificate as directed by the principal registering authority.

“(4) For the purposes of sub-regulation (3) the principal registering authority of a State or Territory specified in the first column of the Third Schedule is the authority of that State or Territory specified in the second column of that Schedule opposite the name of the State or Territory.”.

Declaration to be made before marriage officer or chaplain.

8. Regulation 46 of the Marriage Regulations is amended by omitting the word “twenty-one” and substituting the word “eighteen”.

First Schedule.

9. The First Schedule to the Marriage Regulations is amended as set out in Schedule 1.

Third Schedule.

10. The Third Schedule to the Marriage Regulations is amended by inserting after the figures “42” the figures “, 42a”.

Fourth Schedule.

11. The Fourth Schedule to the Marriage Regulations is amended—

(a) by inserting, after the words—

“Italian Republic”

the word—

“Japan”; and

(b) by inserting, after the words—

“United States of America”

the words—

“Republic of Vietnam”.

Sixth Schedule.

12. The Marriage Regulations are amended by adding at the end thereof the following Schedule:—

 “SIXTH SCHEDULE  Regulation 42a

OFFICES OF WHICH HOLDERS ARE REQUIRED TO PREPARE ONLY ONE OFFICIAL MARRIAGE CERTIFICATE

State or Territory	Office of State or Territory
New South Wales.....................	Registrar-General
Senior Deputy Registrar-General
Deputy Registrar-General
Officer-in-charge, Registration Division, Registrar-General’s Department
Senior Inquiry Officer, Registrar-General’s Department
Marriage Officer, Registrar-General’s Department
Queensland..............................	Registrar-General
Deputy Registrar-General
Senior Clerk, Registrar-General’s Office
Western Australia.....................	District Registrar, Perth
Tasmania.................................	Registrar-General
Deputy Registrar-General
Registrar of Births and Deaths, Hobart
Deputy Registrar of Births and Deaths, Hobart
Registrar of Births and Deaths, Launceston
Deputy Registrar of Births and Deaths, Launceston “.

Amendments in relation to decimal currency.

13. The Marriage Regulations are further amended as set out in Schedule 2.

SCHEDULE 1  Regulation 9

Amendments of the First Schedule to the Marriage Regulations

The First Schedule to the Marriage Regulations is amended as set out in the following table:—

Form	Amendment
Form 7.....................................	Insert in paragraph 1, after the word “State”, the words “or Territory”.
Form 11...................................	Omit paragraph 4.
Form 13...................................	Omit the words “Not required where the party is illegitimate, but may be stated if the party so desires.” (in the footnote  ), substitute “If not known, insert unknown.”.
Form 14...................................	Omit the figures “21” (wherever occurring), substitute the figures “18”.
Form 17...................................	Omit the words “Not required where the party is illegitimate, but may be stated if the party so desires.” (in the footnote  ), substitute “If not known, insert unknown.”.

SCHEDULE 2  Regulation 13

Amendments of the Marriage Regulations in relation to decimal currency

Provision	Amendment
Sub-regulation 7 (3)................................................	Omit “Fifty pounds”, substitute “One hundred dollars”.
Sub-regulation 8 (2)................................................	Omit “Fifty pounds”, substitute “One hundred dollars”.
Sub-regulations 9 (2) and (5)................................................	Omit “Fifty pounds”, substitute “One hundred dollars”.
Regulation 28................................................	Omit “One hundred pounds”, substitute “Two hundred dollars”.
Regulation 29................................................	Omit “One hundred pounds” substitute “Two hundred dollars”.
Sub-regulation 37 (4)................................................	Omit “One hundred pounds”, substitute “Two hundred dollars”.
Sub-regulation 38 (3)................................................	Omit “Fifty pounds” substitute “One hundred dollars”.
Sub-regulation 43 (2)................................................	Omit “One hundred pounds”, substitute “Two hundred dollars”.
Sub-regulation 44 (3)................................................	Omit “Fifty pounds”, substitute “One hundred dollars”.
Sub-regulation 53 (2)................................................	Omit “One hundred pounds”, substitute “Two hundred dollars”.
Regulation 55................................................	Omit “One hundred pounds”, substitute “Two hundred dollars”.
Regulation 60................................................	Omit “One hundred pounds”, substitute “Two hundred dollars”.
Sub-regulation 75 (2)................................................	Omit “Fifty pounds”, substitute “One hundred dollars”.
First Schedule—Form 9................................................	Omit “One hundred pounds”, substitute “Two hundred dollars”.
First Schedule—Form 12................................................	Omit “Two hundred and fifty pounds”, substitute “Five hundred dollars”.