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)
Overview
The Marriage Regulations (Amendment) (Statutory Rules 1984 No. 3) amends the regulations of the Marriage Act 1961, which was enacted by the Commonwealth Parliament. This amendment was introduced to address several issues, including the need to update fees charged by civil marriage celebrants, marriage officers in Australian embassies and consulates, and registration officials, as well as to provide a written statement of fees to parties before a marriage ceremony. Additionally, the amendment prescribes the Republic of Korea for the purposes of section 85 of the Marriage Act, enabling the registration of Korean marriage certificates of Australian citizens in Australia. The policy objective is to ensure fee transparency and to align the fees with community price movements since the last increase in 1979.
Scope and Application
The Marriage Regulations (Amendment) (Statutory Rules 1984 No. 3) under the Marriage Act 1961 apply to persons and entities involved in the solemnization and registration of marriages in Australia, including civil marriage celebrants, marriage officers in Australian embassies and consulates, and registration officials. The amendments primarily concern the financial aspects of marriage ceremonies and the registration of foreign marriage certificates, with the objective of updating fees to reflect current economic conditions and ensuring transparency for the parties involved. The prescribed countries list is expanded to include the Republic of Korea, facilitating the registration of Korean marriage certificates of Australian citizens in Australia. The regulations have a national reach, impacting all states and territories within Australia, and the amendments extend to fees for various marriage-related services, such as searches and issuing copies of marriage certificates. The amendments are designed to clarify and adjust the financial obligations associated with marriage ceremonies, ensuring that celebrants and officials are compensated appropriately while maintaining transparency through written fee statements provided to the parties involved.
Key Provisions
The amendments to the Marriage Regulations under the Marriage Act 1961 primarily focus on fee adjustments and procedural clarifications. Regulation 1 introduces a new sub-regulation 74(5A) (Regulation 1) which requires civil marriage celebrants to provide a written statement to the parties before the ceremony, detailing the fees charged. This is intended to ensure transparency and clarity regarding the fees that are prescribed by law versus those charged for additional services. Regulation 2 adds the Republic of Korea to the list of prescribed countries (Regulation 2), enabling Australian citizens married in Korea to have their marriage certificates registered in Australia.
The obligations imposed by these regulations are primarily administrative and financial in nature. Civil celebrants are now required to furnish a written statement of fees to the parties before the ceremony (Regulation 1). This statement must identify the fee as that payable under the relevant item in the Fifth Schedule, ensuring the parties are aware of the prescribed fees as opposed to any additional charges. Furthermore, the inclusion of the Republic of Korea in the list of prescribed countries (Regulation 2) allows for the registration of Korean marriage certificates of Australian citizens in Australia.
Breaches of the new requirements might lead to civil consequences, particularly if the celebrants fail to provide the mandated written statement of fees. While the explanatory statement does not explicitly detail penalties for non-compliance, it is reasonable to infer that failure to adhere to the transparency requirements could result in disputes or claims from the parties involved. The increased fees detailed in Regulation 5 (Regulation 5) must be strictly adhered to, and any deviation could result in administrative penalties or disputes over the charges. These amendments aim to ensure that all fees are transparently communicated and appropriately adjusted to reflect current economic conditions.