EXPLANATORY STATEMENT
MARRIAGE REGULATIONS (AMENDMENT)
(Statutory Rules 1988 No. 276)
The purpose of the amendment to the Marriage Regulations (the Principal Regulations) is to regulate the form of statement of fees issued by marriage celebrants to the parties to a marriage and to provide for a refund of certain fees where a fee has been paid in respect of an intended marriage and the marriage is not solemnised by the authorised celebrant on the day it was to have been solemnised.
It is proposed that the form of statement will list the prescribed fees as well as the fees being charged and will contain information about when refunds are payable.
The amendment also provides for a mandatory refund of certain fees where 7 days notice of cancellation of the marriage is provided or where the celebrant does not attend for the marriage. It also provides for a discretionary refund of certain fees in cases where the marriage is not solemnised and seven days notice of cancellation is not provided. The current legislation is silent on the question of refunds and the proposed amendment clarifies the situation.
Details of the Proposed Marriage Regulation (the Proposed Regulation) are as follows:
Paragraph (a) amends paragraph 5A(a) and (b) of Regulation 74 to provide for the statement of fees to be in a form approved by the Secretary to the Department.
Paragraph (b) amends Regulation 74 by adding sub-regulation 5A which provides where a fee has been paid under paragraph 5A(b) in respect of an intended marriage and the marriage is not solemnised by the authorised celebrant on the day it was to have been solemnised:
(a) where:
(i) notice of cancellation of the marriage is given to the celebrant not less than 7 days before that day; or
(ii) the celebrant fails to attend in accordance with the notice of intended marriage;
the celebrant shall refund the fee; and
(b) in any other case - the celebrant may refund the fee
(Authorised by the Minister of State for Justice)