Statutory Rules
1974 No. 28
REGULATIONS UNDER THE MARRIAGE ACT 1961-1973.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Marriage Act 1961-1973.
Dated this fourteenth day of March, 1974.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
LIONEL MURPHY
Attorney-General.
Amendments of the Marriage Regulations†
Fifth Schedule.
1. The Fifth Schedule to the Marriage Regulations is amended by omitting item 12 and substituting the following items:—
“12 For a marriage solemnized by an authorized celebrant who is not a minister of religion— | $ |
(a) if the marriage is solemnized between the hours of 9 a.m. and 5 p.m. (inclusive) on a day other than a Saturday, Sunday or public holiday or during the normal hours of duty of an officer of Australia or of a State or Territory of Australia | 10.00 |
(b) if the marriage is solemnized at any other time.......................... | 15.00 |
(c) if the marriage is solemnized at a place other than the home of such an authorized celebrant or the usual place or employment of an officer of Australia or of a State or Territory of Australia— | |
(i) where the distance between the home or place of employment and the place of marriage is not more than 30 kilometres, in addition to the fee in paragraph (a) or (b), as the case may be; or | 10.00 |
(ii) in any other case—a fee fixed by arrangement between the authorized celebrant and the parties to the marriage | |
13 For a marriage solemnized by a marriage officer............................. | 10.00 |
14 For an application for shortening time for giving of a notice of intended marriage under section 45 (2) | 5.00 |
15 For an application for dispensing with consent of a parent or guardian under section 15... | 5.00”. |
* Notified in the Australian Government Gazette on 19 March 1974.
† Statutory Rules 1963, No. 31, as amended by Statutory Rules 1971, No. 6; and 1973, No. 129.
Application.
2. Notwithstanding regulation 1, the fee prescribed by the Marriage Regulations as in force immediately before the date of commencement of these Regulations in relation to a marriage solemnized by an authorized celebrant who is not a minister of religion, or by a marriage officer, in respect of which the notice of intention to marry has been given before that date, continues to be the fee for that marriage.
Overview
The Statutory Rules 1974 No. 28, known as the Regulations Under the Marriage Act 1961-1973, were enacted by the Governor-General of Australia, Paul Hasluck, with the advice of the Executive Council. These regulations were designed to amend the existing Marriage Regulations and were introduced to address discrepancies and gaps in the fees associated with different types of marriage solemnisations. The enacting body is the Parliament of Australia, and the policy objective behind these regulations is to standardise and update the fees for marriage solemnisations in line with contemporary requirements and circumstances. This legislative instrument aims to ensure that the fees reflect the current economic conditions and the operational costs of authorised celebrants and marriage officers.
Scope and Application
The Marriage Regulations 1974, under the authority of the Marriage Act 1961-1973, establish the fees for marriages solemnized by authorised celebrants and marriage officers, with specific amendments to the schedule detailing the fee structures for various circumstances. These regulations apply to individuals who seek to have their marriages solemnised by authorised celebrants, which include authorised celebrants who are not ministers of religion, and marriage officers, with the regulations outlining different fee structures based on the time and location of the marriage ceremony. The fees are adjusted depending on whether the ceremony occurs during normal working hours on weekdays, at other times, or at locations that are beyond a 30-kilometre radius from the celebrant's home or place of employment. This regulation also extends to applications for shortening the notice period for intended marriages and for dispensing with parental or guardian consent. The application of these regulations is subject to the date on which the notice of intention to marry was given, with fees remaining consistent for notices given before the regulations came into effect.
Key Provisions
These Regulations under the Marriage Act 1961-1973 (referred to as the "Act") primarily amend the fees associated with various marriage-related services, as outlined in the Fifth Schedule (paragraph 1). Specifically, the fees for marriages solemnized by an authorized celebrant who is not a minister of religion are adjusted to $10.00 if the ceremony takes place between 9 a.m. and 5 p.m. on weekdays, excluding weekends and public holidays, and during normal working hours of government officers. If the marriage occurs at any other time or at a location more than 30 kilometres from the celebrant’s home or usual place of employment, the fee increases to $15.00. For marriages solemnized by a marriage officer, the fee is set at $10.00. Additionally, fees for applications to shorten the notice period for intended marriages or to dispense with parental consent are both set at $5.00.
The Act imposes certain obligations on authorized celebrants and marriage officers regarding the fees stipulated in these Regulations. These professionals must adhere to the specified fees for their services, ensuring that the correct charges are applied based on the timing and location of the marriage ceremony. For instance, if a marriage is solemnized outside the specified hours or at a distance exceeding 30 kilometres from the celebrant’s home or workplace, the higher fee must be charged. Similarly, the fees for applications to shorten the notice period or to dispense with parental consent must be strictly followed.
Failure to comply with the fee requirements stipulated in these Regulations can result in legal repercussions. While the Regulations themselves do not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance, breaches of the Act or its Regulations may lead to legal actions under the broader legislative framework. Such actions could potentially include fines or other penalties as prescribed by the overarching Marriage Act 1961-1973 or related legislation. It is essential for authorized celebrants and marriage officers to ensure accurate fee collection to avoid any legal implications.