EXPLANATORY STATEMENT
Select Legislative Instrument 2006 No. 208
ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL
Marriage Act 1961
Marriage Amendment Regulations 2006 (No. 2)
Section 120 of the Marriage Act 1961 (the Act) provides that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Regulation 37K of the Marriage Regulations 1963 provided a system for capping the number of marriage celebrants registered by the Registrar of Marriage Celebrants (the Registrar) in the first five years of a new registration system which commenced on 1 September 2003. That limit was 10% of the total number of marriage celebrants registered by the Commonwealth. The limit was imposed to prevent an excessive number of marriage celebrants being appointed at the beginning of the new system and to protect the existing marriage celebrants who transferred automatically to the new system.
For the purposes of the cap the country is divided into 16 regions, a capital city and a rest of state region for each of the states of New South Wales, Queensland, Victoria, South Australia and Western Australia, and one region for each of Tasmania, the Northern Territory, the Australian Capital Territory, Norfolk Island, Christmas Island and Cocos (Keeling) Island.
Each marriage celebrant applicant is taken to have applied for registration in the region where his or her place of residence is, as stated in his or her application. The cap on the number of appointments is applied in each region and is determined according to the number of registered marriage celebrants in each region on 31 August in each of the five years in which the cap will apply.
The Regulations increase the cap on the number of people the Registrar may register each year from 10% to 20%. This increase applies for the two remaining registration years commencing on 1 September 2006 and 1 September 2007 before the abolition of the cap opens the marriage celebrant market.
The Regulations also maintain the current position that if there is no marriage celebrant in that region at the end of a registration year, then 1 marriage celebrant may be appointed in that region.
Since the commencement of the new registration system there has been a great deal of interest in registration as a marriage celebrant and there are lengthy waiting lists for registration in all the regions of Australia.
The Regulations omit the definitions of the terms existing marriage celebrant, first registration year and later registration year and subparagraph 37K(3)(b) (relating to existing celebrants as at 1 September 2003) because these were no longer relevant, and set a 20%cap in respect of the two remaining registration years, commencing on
1 September 2006 and 1 September 2007.
Consultation on the proposal to change the size of the cap was undertaken under section 17 of the Legislative Instruments Act 2003 by the Attorney-General,
the Hon Philip Ruddock MP, discussing the issue with the National Council of Authorised Civil Celebrants Australia and the Australian Federation of Civil Celebrants. These organisations represent most marriage celebrant representative bodies and associations. As most marriage celebrant representative bodies have been aware that the Attorney-General was considering this change for several months an additional formal round of consultation with all these bodies was not necessary.
Overview
The Marriage Amendment Regulations 2006 (No. 2), issued under the authority of the Attorney-General, aim to amend the existing regulations for the registration of marriage celebrants as stipulated in the Marriage Act 1961. Initially, the Marriage Regulations 1963 set a cap of 10% on the number of new marriage celebrants that could be registered in the first five years of the new registration system, which commenced on 1 September 2003. This cap was intended to prevent an excessive number of new celebrants at the outset and to protect those who had transferred automatically to the new system. Given the high demand and lengthy waiting lists across all regions of Australia, the 2006 regulations have increased the cap to 20% for the two remaining registration years, starting from 1 September 2006 and 1 September 2007, before the cap is entirely abolished. The objective of these amendments is to accommodate the growing interest in the profession while ensuring that regions without a registered marriage celebrant can still appoint one.
Scope and Application
The Marriage Act 1961 Marriage Amendment Regulations 2006 (No. 2) amends the initial regulatory framework established under the Marriage Act 1961 to adjust the cap on the number of marriage celebrants that can be registered annually. These regulations apply to all marriage celebrants across Australia and are intended to manage the registration process in the context of the new system that began on 1 September 2003. Geographically, the regulations cover all regions of Australia, including states, territories, and specific islands. The amendments increase the cap on the number of marriage celebrants from 10% to 20% for the remaining two registration years, effective from 1 September 2006 and 1 September 2007. Additionally, the regulations maintain the provision allowing for the appointment of one marriage celebrant in regions without any celebrants at the end of a registration year. The changes are aimed at addressing the high demand for celebrant registration while ensuring a fair and orderly transition as the cap is eventually abolished.
Key Provisions
The Marriage Amendment Regulations 2006 (No. 2) adjust the existing regulations concerning the cap on the number of marriage celebrants that can be registered. According to section 37K of the Marriage Regulations 1963, the original cap was set at 10% of the total number of marriage celebrants registered by the Commonwealth. This cap was designed to manage the influx of new celebrants when the registration system commenced on 1 September 2003, ensuring that the transition did not overwhelm existing celebrants. The cap was applied regionally, with Australia divided into 16 specific regions for the purposes of these regulations. The new regulations, as stated in Regulation 37K, increase this cap to 20% for the two remaining registration years, starting on 1 September 2006 and 1 September 2007, before the cap is entirely abolished. This change aims to accommodate the growing demand for marriage celebrants across the country.
The obligations under these regulations include ensuring that the Registrar of Marriage Celebrants strictly adheres to the new cap of 20% for the specified years. This involves calculating the number of registered marriage celebrants in each region as of 31 August in each of the two years and ensuring that the number of new registrations does not exceed this limit. Additionally, the regulations maintain the provision that if there is no marriage celebrant in a region at the end of a registration year, then one marriage celebrant may be appointed in that region. The regulations also remove certain outdated definitions and provisions that were no longer relevant to the current registration process.
Breaching these regulations could lead to penalties and consequences as stipulated under the Act. The specific details of these penalties are not outlined in the explanatory statement, but generally, non-compliance with regulations prescribed under the Marriage Act 1961 can result in fines, legal action, or other administrative penalties. The Act provides for enforcement mechanisms to ensure that the Registrar and other relevant parties adhere to the stipulated requirements. The maximum penalties for non-compliance would depend on the specific nature of the breach and would be determined according to the provisions of the Act and any relevant case law.