EXPLANATORY STATEMENT
Marriage Act 1961
Marriage Regulations (Amendment)
(Statutory Rules 1984 No. 3)
The purpose of the amendments to the regulations is to
• increase certain fees charged by civil marriage celebrants, marriage officers in Australian embassies and consulates, and registration officials;
• provide for a written statement of fees charged by a civil celebrant to be given to the parties to a marriage before the ceremony;
• prescribe the Republic of Korea for the purposes of section 85 of the Marriage Act.
Some of the fee increases relate to similar increases made under the A.C.T. registration legislation, and others reflect community price movements since 1979 when the last increase in fees was made. The provision of a written statement of fees is designed to clarify, for the parties to a marriage, the basis on which the fees are charged.
The prescription of the Republic of Korea allows copies of Korean marriage certificates relating to the marriage under Korean law of Australian citizens to be registered in Australia.
Regulation 1 - This regulation inserts a new sub-regulation 74(5A). This sub-regulation makes the fee payable to a civil celebrant for a notice of intended marriage and for solemnization of the marriage, payable upon receipt by the parties
of a written statement identifying the fee as that payable under the relevant item in the Fifth Schedule. The amendment is designed to ensure that the parties are able to distinguish between prescribed fees and those charged by the celebrant for other services in connection with the marriage. It is not thought appropriate to require such a statement to be provided by marriage officers, who are Australian diplomatic and consular officials.
Regulation 2 - This regulation amends the Fourth Schedule by adding the Republic of Korea to the list of prescribed countries. Copies of Korean marriage certificates recording the marriage in Korea of Australian citizens are thus able to be registered in Australia.
Regulation 5 - This regulation amends the Fifth Schedule by increasing certain fees which may be charged by civil celebrants and marriage officers, and fees payable upon various searches, and by clarifying the way in which travelling fees are to be calculated.
Paragraph (a) - amends Item 4 by increasing the fee payable for a search in the Registers mentioned in Item 4, and issue a copy of an entry, from $4 to $8.
Paragraph (b) - amends Item 5 by increasing the fee payable for a search of the above Registers, and issue of an extract, from $3 to $5.
Paragraph (c) - amends Item 10 by increasing the fee payable to the Registrar of Overseas Marriages for issuing a copy of a foreign marriage certificate from $4 to $8.
Paragraph (d) - amends Item 11 by increasing the fee payable on giving notice of intended marriage from $5 to $10.
Paragraph (e) - amends Item 12 and inserts new Items 12A and 12B. Item 12 provides for a fee of $50 to be paid in respect of solemnization of a marriage by a civil celebrant, regardless of the day or time of day of the ceremony. Items 12A and 12B provide for a travelling fee calculated at a rate of $1.50 for every 5 kilometres or part thereof travelled by a celebrant, including the return journey, where the place of marriage is less than 30 kilometres from the “home base” of the celebrant, and in any other case a travelling fee fixed by arrangement.
Paragraph (f) - amends Item 13 by increasing the fee payable on solemnization of a marriage by a marriage officer from $15 to $50.
(Authorized by the Attorney-General)