(EXPLANATORY STATEMENT)
MARRIAGE ACT 1961
Marriage Regulations (Amendment)
(Statutory Rules 1986 No. 247)
Section 120 of the Act provides that the regulations may make such provisions that are required or permitted to be prescribed or necessary for the carrying out or giving effect to the Act including prescribing the forms to be used and prescribing the fees to be charged in respect of solemnization of marriages by authorized celebrants.
These regulations shall come into operation on the date of notification in the gazette.
Details of the proposed regulations are at attachment A.
(Authorized by the Attorney-General)
ATTACHMENT A
NOTES ON REGULATIONS
Regulations 1 provides for removal of the terms ‘bachelor’ and ‘spinster’ from sub-regulation 4(1) of the Principal Regulations.
Regulation 2 amends the First Schedule to the Principal Regulations by removing the words ‘bachelor’ and ‘spinster’ where they appear and replacing them with ‘never validly married’; by omitting “pre-marital” and replacing it with ‘marriage’ where it appears in Form 14A; by including provision for information as to domicile where required in Forms 21 and 22.
Regulation 3 amends the Second Schedule to the Principal Regulations by prescribing the Registrar-General for Queensland as the appropriate registering authority for marriages solemnized in Australia.
Regulation 4 amends the Fifth Schedule to the Principal Regulations by increasing fees payable to marriage celebrants in the following manner:
| Item | From | To |
| 4. Search of Registry of Foreign Marriages Solemnized in Australia,… and issue of a copy of an entry | 8.00 | 10.00 |
| 5. Search of Registry of Foreign Marriages solemnized in Australia... and issue of an extract copy of an entry. | 5.00 | 6.00 |
| 10. For issuing a copy of a document received under sub-section (1) of section 85. | 8.00 | 10.00 |
| 11. For a notice of 15.00 intended marriage given to an authorized celebrant who is not a minister of religion or to a marriage officer. |
| 10.00 |
| 12A In respect of solemnization of a marriage by an authorized celebrant... to cover the travelling expenses of the celebrant... (a) during normal hours... distance not more than 30km... per 5 kilometres. | 1.50 | 2.00 |
| 12B. In respect of solemnization of a marriage by an authorized celebrant who is an officer of the Commonwealth or of a State or Territory,... to cover the travelling expenses of the celebrant... (a) during normal hours distance not more than 30km ... per 5 kilometres. | 1.50 | 2.00 |
Regulation 5 amends the Sixth Schedule to the Principal Regulations by inserting new descriptions of the positions of Authorized Officers of Queensland as Marriage Celebrants who are required to prepare only one official marriage certificate. These are: | |||
| Registrar-General Deputy Registrar-General Senior Clerk, Registrar-General’s Office Assistant Registrar, Registrar-General’s Office Registration Officer, Registrar-General’s Office Supervisor (Counter and Enquiries) Registrar-General’s Office Clerk (Mail Accounts), Registrar-General’s Office | ||