Statutory Rules
1976 No. 8
REGULATIONS UNDER THE MARRIAGE ACT 1961–1973.*
I, THE ADMINISTRATOR of the Government 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 January, 1976.
A. R. CUTLER
Administrator.
By His Excellency’s Command,
Attorney-General.
Amendments of the Marriage Regulations †
Amendment of Second Schedule.
1. The Second Schedule to the Marriage Regulations is amended by omitting the words—
“ Any place in the State of New South Wales | The district registrar for the registry district under the Registration of Births, Deaths and Marriages Act, 1899–1960, of that State that includes the place ” |
and substituting the words—
“ Any place in the State of New South Wales | Principal Registrar of Births, Deaths and Marriages for that State”. |
Amendment of Third Schedule.
2. The Third Schedule to the Marriage Regulations is amended by omitting the words—
“ New South Wales.............. | Registrar-General ” |
and substituting the words—
“ New South Wales.............. | Principal Registrar of Births, Deaths and Marriages ”. |
Amendment of Sixth Schedule.
3. The Sixth Schedule to the Marriage Regulations is amended by omitting the words—
“ New South Wales.............. | Registrar-General |
| Senior Deputy Registrar-General |
| Deputy Registrar-General |
| Officer-in-charge, Registration Division, Registrar-General’s Department |
| Senior Inquiry Officer, Registrar-General’s Department |
| Marriage Officer, Registrar-General’s Department ” |
* Notified in the Australian Government Gazette on 22 January 1976.
† Statutory Rules 1963, No. 31, as amended by Statutory Rules 1971, No. 6; 1973, No. 129; and 1974, Nos. 28, 188 and 246.
18606/75—Recommended retail price 5c 10/12.1.1976
and substituting the words—
“ New South Wales.............. | Principal Registrar of Births, Deaths and Marriages |
| Deputy Principal Registrar of Births, Deaths and Marriages |
| Officer-in-charge, Registration Division, Registry of Births, Deaths and Marriages, Department of Services |
| Officer-in-charge, Services Division, Registry of Births, Deaths and Marriages, Department of Services |
| Marriage Officer, Registry of Births, Deaths and Marriages, Department of Services ”. |
Printed by Authority by the Government Printer of Australia
Overview
The Statutory Rules 1976 No. 8, Regulations under the Marriage Act 1961–1973, were enacted to amend the existing marriage regulations, particularly in relation to the roles and responsibilities of registrars within the state of New South Wales. These regulations were made by the Administrator of the Government of Australia, acting on the advice of the Executive Council, and came into effect on 14 January 1976. The principal objective of these amendments was to update the administrative structure by replacing the roles of the Registrar-General and other associated positions with the Principal Registrar of Births, Deaths and Marriages and related officers within the relevant departments, reflecting changes in the administrative framework of New South Wales at the time.
Scope and Application
The Marriage Regulations 1976, which are statutory rules made under the Marriage Act 1961–1973, primarily apply to the State of New South Wales, affecting the officials and processes involved in the registration of marriages within that state. These regulations specifically modify the Second, Third, and Sixth Schedules of the original Marriage Regulations to replace references to various registrars and officers with the Principal Registrar of Births, Deaths and Marriages for New South Wales and related officers, thereby centralising the authority and responsibilities for marriage registration in the state. The amendments do not extend beyond New South Wales, maintaining the status quo for other states and territories. These regulations ensure that the conduct and transactions related to marriage registration in New South Wales comply with the stipulated requirements and authorities as defined by the Marriage Act 1961–1973. The application of these regulations is confined to the adjustments specified and does not inherently exclude or exempt any particular person, entity, or conduct from the purview of the overarching Marriage Act.
Key Provisions
The Regulations under the Marriage Act 1961–1973, as amended, make specific changes to the Second, Third, and Sixth Schedules of the existing Marriage Regulations. These amendments primarily involve the substitution of titles within the New South Wales context (sections 1, 2, and 3). Specifically, they replace references to various roles such as the Registrar-General and other officials within the Registrar-General's Department with titles such as Principal Registrar of Births, Deaths and Marriages and other roles within the Department of Services.
These amendments impose specific obligations on the relevant officials and entities within New South Wales to align with the updated titles and roles as set out in the amended schedules. The Second Schedule now requires the Principal Registrar of Births, Deaths and Marriages to oversee any marriage ceremonies occurring in New South Wales. Similarly, the Third Schedule adjusts the responsibilities and titles of officials within New South Wales, and the Sixth Schedule modifies the roles and responsibilities of various officials, now under the Department of Services, to ensure consistency and clarity in their duties.
Failure to comply with the requirements of these Regulations may result in legal consequences. Although the specific offences, penalties, or consequences are not detailed in the excerpt provided, under general legislative principles, non-compliance with regulations made under the Marriage Act 1961–1973 could potentially lead to administrative sanctions, fines, or other civil or criminal penalties as prescribed by relevant laws. The exact nature and severity of these consequences would depend on the specific provisions of the Act and any related legislation.