EXPLANATORY STATEMENT
Issued by the Authority of the Attorney-General
Marriage Act 1961
Marriage (Recognised Denominations) Amendment Proclamation 2010 (No. 1)
Section 26 of the Marriage Act 1961 (the Act) provides that the Governor-General may, by Proclamation, declare a religious body or a religious organisation to be a recognised denomination for the purposes of the Act.
Religious bodies or organisations declared by the Governor‑General to be recognised denominations under section 26 of the Act are permitted to nominate their ministers of religion directly to the state and territory Registrars of Births, Deaths and Marriages for authorisation as marriage celebrants. There were 109 denominations recognised by virtue of the Marriage (Recognised Denominations) Proclamation 2007 (the 2007 Proclamation).
The last substantive recognised denomination Proclamation was made by the Governor‑General on 2 March 2006 (the Marriage (Recognised Denominations) Proclamation 2006) (the 2006 Proclamation). The 2006 Proclamation added nine organisations to the previous Proclamation.
The Governor-General made the 2007 Proclamation to correct the inadvertent omission of an organisation from the 2006 Proclamation.
The Marriage (Recognised Denominations) Amendment Proclamation 2010 (No. 1) (the 2010 Proclamation) amended the 2007 Proclamation to add the following 14 organisations, which had sought recognised denomination status since 2006:
- Australian Unitarian Druze;
- Chinese Methodist Church in Australia;
- Connexions Ltd;
- Cook Islands Christian Church;
- Federation of Australian Buddhist Councils;
- Fellowship of Independent Evangelical Churches;
- Holy Apostolic Catholic Assyrian Church of the East;
- Iglesia ni Cristo;
- OzReach;
- Pacific LMS Church Australia Incorporated;
- Power of the Spirit Ltd;
- United Church of God – Australia;
- Victory Life Centre Incorporated; and
- Worship Centre Christian Churches Worldwide (Australia) Ltd.
The 2010 Proclamation also amended the 2007 Proclamation to reflect that the following recognised denominations, that were all included in the 2007 Proclamation, had since officially changed name:
- Goshen Ministry International Outreach, which was previously proclaimed as Torres United Pentecostal Outreach Association Incorporated;
- Rhema Family Churches Australia, which was previously proclaimed as National Ministries of the Church of God Australia; and
- C3 Church Global, which was previously proclaimed as Christian City Church.
The 2010 Proclamation also amended a typographical error in the name of ‘Baha’I Faith’ (an organisation included in the 2007 Proclamation) to ‘Baha’i Faith’.
The Act specifies no conditions that need to be satisfied before the power to make the Proclamation may be exercised.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Pursuant to section 17 of the Legislative Instruments Act 2003 consultation was undertaken with the 14 organisations given recognised denomination status by the 2010 Proclamation.
Authority: Section 26 of the Marriage Act 1961
Overview
The Marriage Act 1961, enacted by the Commonwealth Parliament, provides a legislative framework for marriage in Australia. The Act allows the Governor-General, by proclamation, to recognise religious bodies or organisations as denominations for marriage celebrant purposes. This allows their ministers to be authorised by state and territory Registrars of Births, Deaths and Marriages. The Marriage (Recognised Denominations) Amendment Proclamation 2010 (No. 1) addresses the need to update the list of recognised denominations, correcting omissions and updating names to reflect organisational changes since the previous proclamation in 2007. This proclamation added 14 new organisations and corrected several typographical errors and name changes, ensuring the list of recognised denominations remains current and accurate. The objective of this amendment is to maintain the integrity and inclusiveness of the recognition process under the Marriage Act.
Scope and Application
The Marriage (Recognised Denominations) Amendment Proclamation 2010 (No. 1) amends the 2007 Proclamation to add 14 new organisations to the list of recognised denominations for the purposes of the Marriage Act 1961. These religious bodies or organisations are now permitted to nominate their ministers of religion directly to state and territory Registrars of Births, Deaths and Marriages for authorisation as marriage celebrants. The Proclamation also corrects previous proclamations by updating the names of recognised denominations that have changed since the 2007 Proclamation and rectifies a typographical error in the name of the Baha'i Faith. There are no stated conditions or thresholds that need to be satisfied before the Governor-General may exercise the power to make such a Proclamation, and the Proclamation itself is a legislative instrument under the Legislative Instruments Act 2003. The Proclamation applies nationally, affecting all recognised denominations across Australia. There are no exclusions or exemptions mentioned in the text.
Key Provisions
The Marriage (Recognised Denominations) Amendment Proclamation 2010 (No. 1) amends the 2007 Proclamation to add 14 new organisations as recognised denominations under Section 26 of the Marriage Act 1961 (the Act). These organisations now have the right to nominate their ministers of religion to be authorised as marriage celebrants by the state and territory Registrars of Births, Deaths and Marriages. The new denominations include Australian Unitarian Druze, Chinese Methodist Church in Australia, Connexions Ltd, Cook Islands Christian Church, Federation of Australian Buddhist Councils, Fellowship of Independent Evangelical Churches, Holy Apostolic Catholic Assyrian Church of the East, Iglesia ni Cristo, OzReach, Pacific LMS Church Australia Incorporated, Power of the Spirit Ltd, United Church of God – Australia, Victory Life Centre Incorporated, and Worship Centre Christian Churches Worldwide (Australia) Ltd. The 2010 Proclamation also corrects the names of three organisations that had changed since the 2007 Proclamation and a typographical error in the name of the Baha’i Faith.
The obligations imposed by the 2010 Proclamation on the recognised denominations and their ministers primarily revolve around the process of being authorised as marriage celebrants. Once nominated by their respective religious bodies, these ministers must meet the requirements set by the Registrars of Births, Deaths and Marriages for authorisation. This includes complying with any specific criteria or conditions that may be imposed by the state or territory in which they intend to officiate marriages. The denominations themselves are not required to meet any specific conditions to be recognised; the mere act of being named in the Proclamation is sufficient to confer the rights and privileges associated with recognised denomination status.
The Act does not specify any offences, penalties, or civil/criminal consequences for breach of the requirements associated with the recognition of denominations. The 2010 Proclamation is a legislative instrument made under the authority of Section 26 of the Marriage Act 1961, and its provisions are enforced through the existing legal framework that governs marriage celebrants. Any failure by a minister to comply with the requirements for authorisation, or any misconduct in the performance of their duties, would be subject to the general laws and regulations governing the conduct of marriage celebrants in the relevant jurisdiction. The primary consequence for an unauthorised person acting as a marriage celebrant would be the nullity of the marriage ceremony they conduct.