Marriage Regulations (Amendment) 1992 No. 294
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 294
Issued by the Authority of the Attorney-General
Marriage Act 1961
Marriage Regulations (Amendment)
The purpose of the amendment to the Marriage Regulations (the Principal Regulations) is to increase certain fees which may be charged by civil marriage celebrants and State and Territory officers; and fees payable for various applications.
A policy decision taken by the Attorney-General in 1984 stated a review of the fees schedule was to take place at intervals of not less than two years. The last amendments increasing fees were made in 1990.
The increase in the fees schedule reflects the movements in the Consumer Price Index for the period under review (January 1990 to December 1991).
Details of the Proposed Marriage Regulation (the Proposed Regulation) is as follows
Paragraph 2.1 amends Item 4 by increasing the fee payable for searches in the Register of Foreign Marriages and issue of copy of an entry from $12.00 to $18.00.
Paragraph 2.2 amends Item 5 by increasing the fee payable for searches in the Register of Foreign Marriages and issue of an extract of an entry from $8.00 to $15.00.
Paragraph 2.3 amends Item 10 by increasing the fee payable for issuing a copy of a document received under sub-section 85(1) from $12.00 to $18.00.
Paragraph 2.4 amends Item 11 by increasing the fee payable on giving notice of intended marriage from $30.00 to $40.00.
Paragraphs 2.5 and 2.6 amend Items 12A and 12B to provide for a travelling fee where the distance between the home of that celebrant or the place of employment is not more than 30 kilometres - a fee of $20.
Overview
The Marriage Regulations (Amendment) 1992 No. 294 was enacted to adjust the fees charged by civil marriage celebrants and state and territory officers, as well as various application fees, in alignment with changes in the Consumer Price Index over a two-year period. This amendment responds to a policy decision made by the Attorney-General in 1984, which mandated a review of the fees schedule every two years. The increases implemented by these regulations reflect the economic adjustments that occurred between January 1990 and December 1991. The amendments cover various items, such as increasing the fees for searches in the Register of Foreign Marriages and issuing copies or extracts of entries, as well as the fee for giving notice of an intended marriage. This amendment ensures that the fees remain reflective of current economic conditions, thereby maintaining the financial sustainability of the regulatory framework.
Scope and Application
The Marriage Regulations (Amendment) 1992 No. 294 applies to the fees charged by civil marriage celebrants and State and Territory officers for the services they provide in relation to marriage. These amendments are made under the authority of the Marriage Act 1961 and are intended to update the fees to reflect the Consumer Price Index for the period between January 1990 and December 1991. This amendment is effective across Australia, as it pertains to the regulation of marriage which is governed by Commonwealth law. The changes primarily affect celebrants and officers involved in the marriage process, and the increased fees will impact individuals and entities that seek services related to marriage under these regulations. The amendments do not exclude any particular person, entity, industry, or conduct from their application, nor do they specify any exemptions or thresholds beyond the fee adjustments themselves. The application of these fees is straightforward and does not extend or restrict beyond what is explicitly stated in the amendment.
Key Provisions
The Marriage Regulations (Amendment) 1992 (No. 294) primarily amend the fees charged by civil marriage celebrants and State and Territory officers, as well as the fees payable for various applications related to marriage. These amendments are intended to reflect movements in the Consumer Price Index from January 1990 to December 1991. The key changes (paragraphs 2.1 to 2.6) involve increasing the fees for specific services such as searches in the Register of Foreign Marriages, issuing copies or extracts of entries, and giving notice of intended marriage. For instance, the fee for searches and issuing a copy of an entry in the Register of Foreign Marriages increases from $12.00 to $18.00, while the fee for issuing an extract of an entry increases from $8.00 to $15.00. Additionally, the fee for giving notice of intended marriage rises from $30.00 to $40.00. These changes ensure that the fees are aligned with the current economic conditions.
The obligations imposed by these amendments include the requirement for civil marriage celebrants and State and Territory officers to charge the updated fees as specified in the amended regulations. For example, celebrants and officers must charge $18.00 for searches and issuing a copy of an entry in the Register of Foreign Marriages, and $40.00 for giving notice of intended marriage. These updated fees must be strictly adhered to in all transactions involving the services mentioned. Furthermore, celebrants are now also required to charge a travelling fee of $20.00 if the distance between their home and the place of employment is not more than 30 kilometres.
The implications of non-compliance with the amended fees are significant. The legislation does not explicitly outline offences or penalties for breaching the fee schedule, but it is reasonable to infer that failure to adhere to the prescribed fees could lead to legal consequences. Given the statutory nature of the regulations, any discrepancies in the fees charged could be subject to scrutiny and potential legal action under the broader legislative framework of the Marriage Act 1961. This could include administrative penalties or other legal remedies to enforce compliance with the specified fees.