Marriage Amendment (Celebrant Administration and Fees) Commencement Proclamation 2014

Overview

The Marriage Amendment (Celebrant Administration and Fees) Act 2014, enacted by the Parliament of Australia, was introduced to address the need for cost recovery arrangements in the regulation of Commonwealth-registered marriage celebrants, as outlined in a 2011-12 Budget measure. The objective of this Act was to implement these cost recovery measures and to make amendments related to the administration of the Marriage Celebrants Program. The Act amends the Marriage Act 1961 to introduce celebrant registration charges and related fees, as well as to modify certain administrative requirements, including the approval of forms and changes to performance reviews for marriage celebrants. The Proclamation, issued under the authority of the Attorney-General, fixes the commencement date of the Act's schedules on 1 July 2014, ensuring the timely implementation of these amendments.

Scope and Application

The Marriage Amendment (Celebrant Administration and Fees) Act 2014 applies to individuals and entities involved in the registration and administration of Commonwealth-registered marriage celebrants. Specifically, it targets marriage celebrants who are required to pay a registration charge and an application fee to become a celebrant. Additionally, the Act applies to the administration of the Marriage Celebrants Program by the Commonwealth, facilitating cost recovery mechanisms and adjustments to the registration process. The geographic reach of the Act is national, as it pertains to the Commonwealth-registered marriage celebrants across Australia. The Act does not explicitly state any exclusions, exemptions, or thresholds; however, it allows for the possibility of exemptions from the celebrant registration charge and the registration application fee, subject to certain conditions and fees for exemption applications. The application and scope of the Act may be further defined or extended through regulations made under the Act, which can include provisions for fees and exemptions not explicitly covered in the primary legislation.

Key Provisions

The primary operative sections of the Marriage Amendment (Celebrant Administration and Fees) Act 2014 are outlined in Schedules 1 and 2. Schedule 1 (section 1) introduces a celebrant registration charge for Commonwealth-registered marriage celebrants, which must be paid to maintain their registration status. Additionally, it mandates a registration application fee for those seeking to become marriage celebrants, and allows for a fee to be charged for applying for an exemption from professional development requirements. Schedule 2 (section 2) modifies the Marriage Act 1961 by removing references to prescribed forms, except for Form 15, and empowers the responsible Minister to approve alternative forms for specific purposes. It also revises the performance review requirements for marriage celebrants and permits the use of an Australian passport as evidence of a party's date and place of birth. The Act imposes several obligations on parties and entities it governs. Marriage celebrants must pay the celebrant registration charge to retain their registration status (Schedule 1, section 1). Additionally, individuals applying to become marriage celebrants are required to pay a registration application fee (Schedule 1, section 1). Furthermore, the Act allows for the imposition of fees for exemption applications from professional development requirements (Schedule 1, section 1). The responsible Minister, under Schedule 2 (section 2), has the authority to approve specific forms for certain provisions of the Act, replacing the previously prescribed forms. Failure to comply with the provisions of the Act can result in various consequences. The Act does not explicitly outline specific offences or penalties; however, the penalties for non-payment of the celebrant registration charge or the registration application fee are likely to be determined by the regulations made under the Act. These regulations may include provisions for internal review and the imposition of fees for exemption applications, as permitted by Schedule 1 (section 1). The consequences of non-compliance may vary depending on the nature and severity of the breach but could potentially include the cancellation of registration for celebrants who fail to pay the required charges.