REPLACEMENT EXPLANATORY STATEMENT
Issued by the authority of the Attorney-General
Marriage Act 1961
Marriage Amendment Regulation 2016 (No. 1)
The Marriage Act 1961 (the Act) establishes the Marriage Celebrants Programme.
Section 120 of the Act provides that the Governor‑General may make regulations, not inconsistent with the Act, prescribing all matters that the Act requires or permits to be prescribed or are necessary or convenient to be prescribed for carrying out and giving effect to the Act.
The purpose of the Regulation is to amend the Marriage Regulations 1963, to update the definition of the Certificate IV in Celebrancy qualification arising from the release of a revised Certificate IV in Celebrancy in December 2015. The Certificate IV in Celebrancy is part of a broader training package developed by the former Community Services and Health Industry Skills Council (Skills Council).
The definition of Certificate IV in Celebrancy in regulation 37F is amended by removing the reference to the qualification’s release date and the reference to the Skills Council which was abolished at the end of 2015. To ensure the definition remains current, the reference to the Marriage (Celebrancy qualification or skills) Determination 2009 is also removed.
Consequential amendments to subparagraph 37G(1)(a)(ii) remove the reference to the Marriage (Celebrancy qualification or skills) Determination 2009 from the definition of Certificate IV in Celebrancy. The amendment to subparagraph 37G(1)(a)(ii) continues the requirement that the Certificate IV in Celebrancy includes all the units the Registrar of Marriage Celebrants determines to be necessary for registration as a marriage celebrant.
The Office of Best Practice Regulation was consulted about the Regulation and advised that a Regulatory Impact Statement is not necessary, as the amendments are minor and machinery in nature. The former Community Services and Health Industry Skills Council undertook significant consultation in the development of a revised qualification, including with subject matter experts such as celebrant organisations, registered training organisations and the department. The department regularly discussed the progress of the qualification review and the need for consequential amendments with marriage celebrant associations, registrars of births, deaths and marriages and registered training organisations.
The Regulation is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulation will commence the day after the instrument is registered on the Federal Register of Legislative Instruments.
Authority: Section 120 of the Marriage Act 1961.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Marriage Amendment Regulation 2016 (No. 1)
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Regulation
The Regulation amends the Marriage Regulations 1963 (the Principal Regulations) to update the definition of the Certificate IV in Celebrancy qualification by removing the reference to the qualification’s release date and the reference to the Community Services and Health Industry Skills Council which was abolished at the end of 2015. To ensure the definition remains current, the reference to the Marriage (Celebrancy qualification or skills) Determination 2009 is also removed.
Human rights implications
The Regulation does not engage any of the applicable rights or freedoms.
Conclusion
This Regulation is compatible with human rights as it does not raise any human rights issues.
Attorney‑General Senator the Hon George Brandis QC
Overview
The Marriage Amendment Regulation 2016 (No. 1) was enacted to update the definition of the Certificate IV in Celebrancy qualification in the Marriage Regulations 1963. This was necessitated by the release of a revised Certificate IV in Celebrancy in December 2015 and the abolition of the Community Services and Health Industry Skills Council at the end of 2015. The Regulation was made under section 120 of the Marriage Act 1961, which allows the Governor-General to make regulations necessary or convenient for carrying out and giving effect to the Act. The amendments are minor and machinery in nature, and a Regulatory Impact Statement was deemed unnecessary. The Regulation ensures that the definition of the Certificate IV in Celebrancy remains current by removing outdated references and aligns with the contemporary qualifications framework.
Scope and Application
The Marriage Amendment Regulation 2016 (No. 1) applies to the administration of the Marriage Celebrants Programme under the Marriage Act 1961, specifically targeting the requirements for the Certificate IV in Celebrancy qualification. This amendment is necessary to update the definition of the qualification in response to the release of a revised Certificate IV in Celebrancy in December 2015, following the abolition of the former Community Services and Health Industry Skills Council. The regulation removes outdated references to the qualification's release date and the now-defunct Skills Council, ensuring that the definition of the Certificate IV in Celebrancy remains current. Additionally, the regulation removes the reference to the Marriage (Celebrancy qualification or skills) Determination 2009, maintaining the requirement that the qualification includes all the units determined necessary by the Registrar of Marriage Celebrants for registration as a marriage celebrant. This amendment applies nationwide, within the Commonwealth of Australia, ensuring consistency and compliance with the updated qualification standards across all states and territories.
Key Provisions
The Marriage Amendment Regulation 2016 (No. 1) amends the Marriage Regulations 1963 to update the definition of the Certificate IV in Celebrancy qualification. This is done by removing the reference to the qualification's release date and the reference to the Community Services and Health Industry Skills Council, which was abolished at the end of 2015 (sections 37F and 37G(1)(a)(ii)). These changes aim to ensure that the definition remains current and aligned with the latest industry standards. The amendments also remove the reference to the Marriage (Celebrancy qualification or skills) Determination 2009 to maintain the definition's relevance and effectiveness.
Under the amended regulations, marriage celebrants must hold the Certificate IV in Celebrancy qualification, which now includes all the units the Registrar of Marriage Celebrants determines to be necessary for registration as a marriage celebrant (section 37G(1)(a)(ii)). This ensures that celebrants meet the required standards and are competent to perform marriage ceremonies in Australia.
The regulation does not introduce new offences, penalties, or civil/criminal consequences. However, failure to comply with the updated requirements for the Certificate IV in Celebrancy could potentially impact a person's eligibility to be registered as a marriage celebrant. The Registrar of Marriage Celebrants has the authority to enforce these requirements, and non-compliance may result in the denial or revocation of registration. The specific consequences of non-compliance would depend on the Registrar's assessment of the individual case.
The regulation was developed following consultations with relevant stakeholders, including marriage celebrant associations, registrars of births, deaths and marriages, and registered training organisations. The Office of Best Practice Regulation advised that a Regulatory Impact Statement was not necessary due to the minor and machinery nature of the amendments. This ensures that the regulation is proportionate and does not impose unnecessary burdens on affected parties.