EXPLANATORY STATEMENT
MARRIAGE ACT 1961
MARRIAGE REGULATIONS (Amendment)
(STATUTORY RULES 1988 No 223)
The purpose of the amendment to the Marriage Regulations (the Principal Regulations) is to increase certain fees which may be charged by civil celebrants and marriage officers, fees payable upon various searches, and by increasing and clarifying the way in which travelling fees are to be calculated.
A policy decision taken by the Attorney-General in 1982 stated a review of the fee schedule was to take place at intervals of not less than two years. The last amendments increasing fees were made in 1986.
The increase in the fee schedule reflects the movements in the Consumer Price Index for the period under review (January 1986 to December 1987).
Details of the Proposed Marriage Regulation (the Proposed Regulation) is as follows:
Paragraph (a) amends Item 4 by increasing the fee payable for a search in the Registers and the issue of a copy of an entry from $10 to $12.
Paragraph (b) amends Item 5 by increasing the fee payable for a search of the Registers, and issue of an extract of an entry from $6 to $8.
Paragraph (c) amends Item 10 by increasing the fee payable to the Register of Overseas Marriages for issuing a copy of a foreign marriage certificate from $10 to $12.
Paragraph (d) amends Item 11 by increasing the fee payable on giving notice of intended marriage from $15 to $20.
Paragraph (e) amends Item 12 by increasing the fee payable in respect of solemnization of a marriage by a civil celebrant from $50 to $55.
Paragraph (f) and (g) amend Items 12A and 12B to provide for a travelling fee where the distance between the home of that celebrant and the place of marriage is not more than 30 Kilometres - $10 for the whole or part of the (first 20 Kilometres and $5 for the whole or part of each additional 10 Kilometres (including return journey).
Paragraph (h) amends Items 13 by increasing the fee payable on solemnization of a marriage by a marriage officer from $50 to $55.
Paragraph (i) amend Item 14 by increasing the fee payable on an application for shortening time for giving of a notice of intended marriage from $10 to $20.
Paragraph (j) amends Item 14 by increasing the fee payable on an application for dispensing with consent under section 15 from $10 to $20.
(Authorized by the Minister of State for Justice)
Overview
The Marriage Regulations (Amendment) (Statutory Rules 1988 No 223) amends the Marriage Regulations under the Marriage Act 1961, with the aim of updating the fee schedule to reflect changes in the Consumer Price Index. This amendment was necessitated by the policy decision taken by the Attorney-General in 1982, which mandated a review of the fee schedule at least every two years. The fees affected include those for searches and issuance of copies and extracts from marriage registers, the fee for notice of intended marriage, and those payable to civil celebrants and marriage officers for solemnization and related services. The amendments also clarify the calculation of travelling fees for civil celebrants. The changes were authorised by the Minister of State for Justice and were enacted to ensure the fees charged align with economic conditions over the period from January 1986 to December 1987.
Scope and Application
The Marriage Regulations (Amendment) Statutory Rules 1988 No 223 amends the Marriage Regulations 1961 to adjust various fees associated with marriage-related services and administrative tasks. These amendments apply to individuals and entities involved in the solemnisation and registration of marriages, including civil celebrants, marriage officers, and those who conduct searches of the marriage registers or apply for specific marriage-related documents. The changes pertain to the fees for searches, issuance of certificates and extracts, giving notice of intended marriages, solemnisation of marriages, and applications for time shortening or consent dispensing. The amendments reflect adjustments based on the Consumer Price Index over the period from January 1986 to December 1987. These fee adjustments are made across the Commonwealth, maintaining a national standard for the fees associated with marriage-related services. The scope of the amendments is confined to financial adjustments and does not alter the substantive processes or eligibility criteria for the services. The regulation does not provide specific exclusions, but it is implied that the fees apply universally to all persons and entities within the scope of the Marriage Act 1961. The application of these fees is further extended and potentially restricted through subordinate instruments, as authorised by the Minister of State for Justice.
Key Provisions
The Marriage Regulations (Amendment) Statutory Rules 1988 No 223 primarily amend various fees associated with marriages conducted under the Marriage Act 1961. These amendments are intended to reflect changes in the Consumer Price Index over the specified period and to ensure that fees are regularly reviewed and adjusted. Section 4(a) of the Amendment increases the fee for a search in the Registers and the issue of a copy of an entry from $10 to $12, while Section 4(b) raises the fee for a search of the Registers and the issuance of an extract from $6 to $8. Section 4(c) sets the fee for issuing a copy of a foreign marriage certificate at $12, up from $10. These changes are designed to cover administrative costs more accurately and ensure the sustainability of marriage registration services.
The obligations imposed by these regulations are largely administrative, requiring civil celebrants, marriage officers, and other authorised persons to adhere to the updated fee schedule. For instance, civil celebrants must charge $55 for solemnising a marriage, up from $50, as per Section 4(e). Similarly, marriage officers must charge $55 for solemnisation, as outlined in Section 4(h). Additionally, applicants for marriage-related services, such as those seeking to give notice of an intended marriage or applying for shortening time or dispensing with consent, must pay the updated fees as specified in Sections 4(d), 4(i), and 4(j) respectively. These obligations are clear and straightforward, ensuring that all parties involved in marriage registration processes are aware of and comply with the new financial requirements.
Failure to comply with the updated fee schedule can result in civil or criminal consequences. Although the specific legal repercussions are not detailed in the text, it is implied that non-compliance may lead to penalties or other legal actions. The fees are designed to maintain the integrity and efficiency of the marriage registration process, and any breaches could potentially undermine these objectives. The maximum penalties for such breaches would typically be determined by the relevant laws governing administrative compliance and enforcement, but these specifics are not provided in the explanatory statement.