Marriage (Celebrancy qualifications or skills) Determination 2009

Marriage (Celebrancy qualifications or skills) Determination 2009

made under subregulation 37G(1) of the

Marriage Regulations 1963

Compilation No. 4

Compilation date:    14 May 2016

Includes amendments up to: Marriage (Celebrancy qualifications or skills) Amendment Determination 2016 (No. 2)

Registered:    1 June 2016

About this compilation

This compilation

This is a compilation of the Marriage (Celebrancy qualifications or skills) Determination 2009 that shows the text of the law as amended and in force on 14 May 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Name of Determination

2 Commencement

3 Definition

4 Qualifications or skills

5 Delivery of units

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name of Determination

  This Determination is the Marriage (Celebrancy qualifications or skills) Determination 2009.

2  Commencement

  This Determination commences on the day after it is registered.

3  Definition

  In this Determination:

Regulations means the Marriage Regulations 1963.

4  Qualifications or skills

  For subregulation 37G(1) of the Regulations, the qualifications or skills necessary for a person to be registered as a marriage celebrant are:

 (a) a celebrancy qualification (however described) awarded by Monash University that includes all the units mentioned in the following table; or

 (b) a Certificate IV in Celebrancy, awarded by a registered training organisation, that includes either:

 (i) all the units mentioned in the following table; or

 (ii) all the units mentioned in the following table; or

 (c) all of the following skills:

 (i) fluency in an indigenous language;

 (ii) ability to liaise with clients and, if appropriate, the indigenous community in planning a marriage ceremony;

 (iii) ability to conduct a marriage ceremony, and to register a marriage, as required under the Marriage Act 1961 (including completing the required documentation);

 (iv) ability to communicate effectively.

5  Delivery of units

 (1) For paragraph 37G(2)(a) of the Regulations, each unit mentioned in the tables in paragraphs 4(a) and (b) must be delivered by a marriage celebrant who has the following qualifications, skills, training and experience:

 (a) at least 3 years registration as a marriage celebrant; and

 (b) complied with professional development obligations under paragraph 39G(b) of the Act; and

 (c) been found satisfactory at his or her most recent performance review conducted under section 39H of the Act; and

 (d) conducted at least 3 marriage ceremonies during the 2 years immediately before delivering any of the units.

 (2) For paragraph 37G(2)(b) of the Regulations, each unit mentioned in the tables in paragraphs 4(a) and (b) must not be delivered by a marriage celebrant against whom the Registrar has taken any disciplinary measures mentioned in subsection 39I(2) of the Marriage Act 1961 during the 24 months immediately before the day that the delivery of the unit begins.

 (3) For paragraph 37G(2)(c) of the Regulations, each unit mentioned in the tables in paragraph 4(b) must include all of the following materials:

 (a) the Marriage Act 1961;

 (b) the Marriage Regulations 1963;

 (c) guidelines on the Marriage Act 1961 for marriage celebrants, available at www.ag.gov.au/celebrants;

 (d) information on the Marriage Celebrants Program at www.ag.gov.au/celebrants;

 (e) the forms approved by the Minister for the provisions of the Marriage Act 1961 referred to in paragraphs 119(3)(b) to (e) and (i) of that Act;

 (f) the forms (if any) approved by the Minister under subsection 119(1) of the Marriage Act 1961 for the purpose of any of the following provisions of that Act:

 (i) section 12;

 (ii) section 15;

 (iii) section 16;

 (iv) subsection 42(5A).

 (4) For paragraph 37G(2)(c) of the Regulations, each unit mentioned in the table in paragraph 4(a) must include all of the following materials:

 (a) the Marriage Act 1961;

 (b) the Marriage Regulations 1963.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history