Marriage Regulations (Amendment)

Overview

The Marriage Regulations (Amendment) 1995 No. 165, enacted by the Australian government, amends the Marriage Regulations under the Marriage Act 1961 to address the issue of prescribed fees charged by civil marriage celebrants and State and Territory officers. This amendment seeks to create a uniform approach for all celebrants by eliminating the specific prescribed fees previously outlined in the regulations, thereby aligning the practice of civil celebrants with that of religious celebrants who are not bound by such fees under the Marriage Act or Marriage Regulations. The Parliamentary Secretary to the Attorney-General has approved this deregulation, which removes the prescribed fees and their associated sub-regulations, thereby simplifying the regulatory framework for marriage celebrants. This amendment aims to streamline the process and reduce the administrative burden associated with the prescribed fees, fostering consistency across the various types of marriage celebrants. The Fifth Schedule of the Principal Regulations, which detailed the specific fees, has also been amended to remove references to these charges, ensuring that all celebrants operate under a unified set of regulations.

Scope and Application

The Marriage Regulations (Amendment) 1995 No. 165, which amends the Marriage Regulations under the Marriage Act 1961, applies to civil marriage celebrants and State and Territory officers who are involved in the solemnisation of marriages. The amendment aims to deregulate certain prescribed fees that these celebrants and officers could charge, introducing a uniform approach by aligning with the practices of religious marriage celebrants who are not bound by the Marriage Act or the Marriage Regulations in respect of prescribed fees. The scope of the amendment affects all celebrants by removing specific sub-regulations and fee items that previously imposed charges for services such as the solemnisation of marriage, notice of intended marriage, and other related applications. The changes do not impact religious marriage celebrants as they were not subject to these regulations. The amendment is applicable nationally, as it pertains to the regulation of marriage across Australia, but does not extend to religious celebrants who operate independently of these statutory fees. The deregulation has been approved by the Parliamentary Secretary to the Attorney-General, and the specific changes involve the deletion of sub-regulations and fee items listed in the Fifth Schedule of the Principal Regulations.

Key Provisions

The Marriage Regulations (Amendment) 1995 No. 165 introduces significant changes to the Marriage Regulations under the Marriage Act 1961. It primarily involves the deletion of specific sections and sub-regulations that pertain to prescribed fees charged by civil marriage celebrants and state and territory officers. These amendments are detailed in Sub-regulation 74(2), (5), (5A), and (5B), which are to be deleted as they impose liability to pay fees as outlined in the Fifth Schedule. Sub-regulation 74(6) is also amended to remove the reference to fees for the 'solemnisation of marriage' and 'notice of intended marriage', while retaining the exemption for Members of Parliament from charging these fees. Additionally, the Fifth Schedule is amended by deleting Items 11, 12, 12A, 12B, and 13, which specify prescribed fees for different services related to marriage. These amendments place obligations on civil marriage celebrants and state and territory officers by removing the authority to charge prescribed fees for certain marriage-related services. The removal of these specific fee provisions means that celebrants and officers can no longer impose fees for the solemnisation of marriage, notice of intended marriage, and other related services as detailed in the Fifth Schedule. This de-regulation aims to introduce uniformity across the celebrants, aligning the practices of civil celebrants with those of religious celebrants, who are not bound by the Marriage Act or Regulations in respect of prescribed fees. The consequences for non-compliance with these amendments are not explicitly detailed in the provided text. However, it can be inferred that failure to adhere to these regulatory changes might result in celebrants or officers being held liable for charging fees that are no longer prescribed by the Regulations. Although the exact penalties are not specified, it is reasonable to assume that any continued imposition of these fees could lead to legal repercussions, including potential fines or other administrative actions. The precise nature and extent of these consequences would need to be determined within the broader legal framework and any relevant case law.