EXPLANATORY STATEMENT
Issued by the Authority of the Attorney-General
Marriage Amendment (Celebrant Administration and Fees) Act 2014
Proclamation
Item 2 of the table in subsection 2(1) of the Marriage Amendment (Celebrant Administration and Fees) Act 2014 (the Act) provides that Schedules 1 and 2 to the Act are to commence on a single day to be fixed by Proclamation. However, if the provision(s) do not commence within the period of six months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. The Act received the Royal Assent on 9 April 2014.
The purpose of the Proclamation is to fix 1 July 2014 as the day on which Schedules 1 and 2 to the Act will commence.
The Act amends the Marriage Act 1961 (the Marriage Act) to implement a 2011-12 Budget measure to introduce cost recovery arrangements for the regulation of Commonwealth-registered marriage celebrants. It also makes amendments related to the administration of the Marriage Celebrants Program.
Schedule 1 to the Act sets out the liability for celebrants to pay a celebrant registration charge and the consequences of non-payment; requires a registration application fee to be paid when applying to become a marriage celebrant; and provides that regulations made under the Act may require a fee to be paid for applying for an exemption from professional development requirements. Schedule 1 also states that the regulations may provide for the granting of exemptions from liability to pay the celebrant registration charge and the registration application fee, including requiring a fee to be paid in respect of the exemption application and providing for internal review.
Schedule 2 to the Act amends the Marriage Act to remove references to the forms prescribed in the regulations (with the exception of Form 15 which will remain prescribed) and enables the responsible Minister to approve, in writing, a form for the purposes of specific provisions of the Act. Schedule 2 also changes the requirements relating to performance reviews of marriage celebrants, and allows an Australian passport to be provided to a marriage celebrant as evidence of the date and place of birth of a party.
The Act does not specify any conditions that need to be satisfied before the proposed Proclamation is made.
The Proclamation will be a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Authority: Item 2, subsection 2(1) of the
Marriage Amendment (Celebrant Administration and Fees) Act 2014