Marriage (Celebrancy qualifications or skills) Amendment Determination 2016 (No. 1)

Administered by Attorney-General's Department

Legislation au F2016L00382 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Registrar of Marriage Celebrants

 

Marriage Act 1961

 

Marriage (Celebrancy qualifications or skills) Amendment Determination 2016 (No. 1)

 

Legislation

 

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.

Paragraph 39C(1)(b) of the Act provides that a person is only entitled to be a Commonwealth‑registered marriage celebrant if the Registrar of Marriage Celebrants is satisfied that the person has all the qualifications, and/or skills, determined in writing to be necessary by the Registrar in accordance with regulations made for the purpose of this paragraph.

Regulation 37F of the Marriage Regulations 1963 (the Regulations) provides that a Certificate IV in Celebrancy means a qualification with that name awarded by a registered training organisation, that includes all the units mentioned in subparagraph 37G(1)(a)(ii).

Regulation 37G of the Regulations provides, for the purposes of section 39C of the Act, the qualifications and skills required for registration as a marriage celebrant. Subregulation 37G(1)(a) of the Regulations provides that the Determination must require the person to have either: a celebrancy qualification (however described) from a university, mentioned in the Determination, that includes all the units the Registrar determines to be necessary for registration as a marriage celebrant and are provided in accordance with the requirements in subregulation 37G(2); or a Certificate IV in Celebrancy that includes all the units the Registrar of Marriage Celebrants determines to be necessary for registration as a marriage celebrant.

Subregulation 37G(2) of the Regulations provides requirements for subregulation 37G(1)(a) including that each unit must include all the materials that the Registrar determines must be used in the unit.

The Marriage (Celebrancy qualifications or skills) Determination 2009 (the Determination) commenced on 24 December 2009 and specifies the skills or qualifications an applicant seeking to become a Commonwealth-registered marriage celebrant, under section 39C of the Act, must hold. It also requires certain training materials to be used in the delivery of a formal course of training that will award the required qualifications.

The Marriage (Celebrancy qualifications or skills) Amendment Determination 2016 (No. 1) (the Amendment Determination) is made by the Registrar of Marriage Celebrants under regulation 37G of the Marriage Regulations 1963. The Amendment Determination amends the Determination.

Purpose

A revised Certificate IV in Celebrancy qualification was released in December 2015, which consolidated the previous four marriage celebrancy units into three marriage celebrancy units. The purpose of the Amendment Determination is to recognise completion of the three revised units (as well as the four previous units) for registration as a marriage celebrant. The units are fundamental to gaining the knowledge required for marriage celebrants to meet their ongoing legal obligations. The Amendment Determination removes the transitional period for using the prescribed Forms and Schedules of the Marriage Regulations 1963 from paragraph 5(3)(e) and the reference to the end of the transitional period in paragraph 5(3)(f). The reference to the approved Form for purposes of paragraph 39H(4)(a) of the Act is removed. This is an administrative form and is not required to be completed by marriage celebrants. The Amendment Determination continues to ensure that the most up‑to‑date materials are used in the delivery of training to aspiring marriage celebrants.

Consultation

No consultation was undertaken in the making of the Amendment Determination as the instrument is consequential and machinery in nature and does not substantially alter existing arrangements.

Regulatory Impact Statement

The Office of Best Practice Regulation was consulted about the Determination and advised that a Regulatory Impact Statement is not required as the amendments are minor and machinery in nature.

Commencement

The Determination commences the day after it is registered on the Federal Register of Legislative Instruments.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Marriage (Celebrancy qualifications or skills) Amendment Determination 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

The Amendment Determination

Human rights implications

The Amendment Determination does not engage any of the applicable rights or freedoms.

Conclusion

This Amendment Determination is compatible with human rights as it does not raise any human rights issues.

Overview

The Marriage (Celebrancy qualifications or skills) Amendment Determination 2016 (No. 1) amends the existing Determination from 2009, addressing the need for updated qualifications in marriage celebrancy training. This amendment responds to the release of a revised Certificate IV in Celebrancy qualification in December 2015, which streamlined the previous four units into three. The purpose of this Amendment Determination is to recognise both the revised and the previous units as qualifications for registration as a marriage celebrant. This ensures that celebrants possess the necessary knowledge to fulfil their ongoing legal obligations. The Amendment Determination also removes outdated transitional periods and administrative references, ensuring that the training materials used remain current. It was made by the Registrar of Marriage Celebrants under the authority granted by regulation 37G of the Marriage Regulations 1963 and does not require consultation or a Regulatory Impact Statement as the changes are administrative and do not substantially alter existing arrangements.

Scope and Application

The Marriage (Celebrancy qualifications or skills) Amendment Determination 2016 (No. 1) applies to individuals seeking Commonwealth registration as marriage celebrants under the Marriage Act 1961. This legislation amends the existing qualifications and skills required for such registration to reflect changes in the Certificate IV in Celebrancy qualification, which was revised in December 2015. The Amendment Determination recognises both the new three units and the previous four units as meeting the necessary requirements for registration. This ensures that marriage celebrants possess the fundamental knowledge required to meet their ongoing legal obligations. The Amendment Determination also removes references to transitional periods for using certain forms and schedules in the Marriage Regulations 1963, streamlining the registration process by eliminating administrative forms that are not essential for celebrants. This amendment applies nationally, as it is a Commonwealth instrument, and it operates in conjunction with the Marriage Act 1961 and the Marriage Regulations 1963. The Amendment Determination does not introduce any exclusions or exemptions but ensures that training materials used in the delivery of courses for aspiring marriage celebrants are up-to-date.

Key Provisions

The Marriage (Celebrancy qualifications or skills) Amendment Determination 2016 (No. 1) (the Amendment Determination) amends the Marriage (Celebrancy qualifications or skills) Determination 2009 (the Determination) to recognise completion of the revised units for the Certificate IV in Celebrancy qualification. The Amendment Determination also removes certain references to transitional periods and administrative forms, ensuring that the most current training materials are used in the delivery of training to aspiring marriage celebrants. The Amendment Determination is made under regulation 37G of the Marriage Regulations 1963 and does not require consultation or a Regulatory Impact Statement as it is minor and machinery in nature. The Amendment Determination imposes obligations on aspiring marriage celebrants by recognising the completion of the revised units for the Certificate IV in Celebrancy qualification as meeting the requirements for registration. Aspiring marriage celebrants must ensure that they have completed the necessary units, including the three revised units, and have used the most up-to-date training materials in their formal course of training. The Amendment Determination also removes certain references to transitional periods and administrative forms, streamlining the registration process for marriage celebrants. There are no specific offences, penalties, or consequences for breach outlined in the Amendment Determination. However, the Determination and the Act as a whole establish the requirements for becoming a Commonwealth-registered marriage celebrant and provide the legal framework for the Marriage Celebrants Programme. Breaches of the Act or the Regulations may result in civil or criminal penalties, depending on the nature of the breach. Overall, the Amendment Determination ensures that aspiring marriage celebrants have the necessary qualifications and skills to meet their ongoing legal obligations. It streamlines the registration process and ensures that the most up-to-date training materials are used in the delivery of training. The Amendment Determination is compatible with human rights as it does not raise any human rights issues.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.