(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 |
Overview
The Marriage Act 1961 was enacted to provide a comprehensive framework for the solemnization and registration of marriages in Australia. It was introduced to address the need for a unified legal structure governing marriage across the country, replacing previous state-based laws. The problem it sought to resolve was the inconsistency in marriage laws across different jurisdictions, leading to a fragmented legal landscape. The Act was enacted by the Commonwealth Parliament and its policy objective was to ensure that all marriages in Australia were conducted and recognised under a single, cohesive legal regime. The explanatory statement outlines amendments to the Marriage Regulations through Statutory Rules 1986 No. 247, which include the removal of archaic terms such as 'bachelor' and'spinster', adjustments to fees for certain services related to marriage solemnization, and updates to the roles and responsibilities of authorized marriage celebrants. These amendments aim to modernize the regulatory framework and improve the efficiency and clarity of marriage-related processes.
Scope and Application
The Marriage Regulations (Amendment) (Statutory Rules 1986 No. 247) serve to update and refine the regulatory framework underpinning the administration and solemnization of marriages under the Marriage Act 1961. These regulations apply to all individuals and entities involved in the solemnization of marriages, including authorized celebrants, marriage officers, and the relevant registrars. They are designed to ensure that the processes and formalities associated with marriage in Australia are carried out effectively and efficiently. The amendments primarily affect the prescribed forms and fees, with a view to modernizing terminology and updating the operational aspects of the marriage registration process. The geographic reach of these regulations is national, applying across all states and territories within Australia. Notably, the amendments include adjustments to fees for various services, such as searches of the Registry of Foreign Marriages Solemnized in Australia, and updates to the prescribed forms to reflect current societal standards. Additionally, the regulations specify new descriptions of authorized officers in Queensland who are tasked with preparing official marriage certificates. These regulations come into operation on the date of their notification in the gazette, ensuring that the changes are implemented without delay.
Key Provisions
The primary operative sections of the Marriage Regulations (Amendment) (Statutory Rules 1986 No. 247) under the Marriage Act 1961, pertain to the modification of the existing regulations to update terminology, amend forms, and adjust fees. Regulation 1 removes outdated terms such as ‘bachelor’ and ‘spinster’ and replaces them with more contemporary language like ‘never validly married’ (Regulation 2). These changes are intended to modernize the language used in marriage-related documentation and reflect current societal standards. Regulation 3 designates the Registrar-General for Queensland as the appropriate authority for registering marriages solemnized within Australia, thereby clarifying jurisdictional responsibilities (Regulation 3). Furthermore, Regulation 4 adjusts the fees for various services provided by marriage celebrants, such as searches of the Registry of Foreign Marriages and the issuance of documents, reflecting a need to account for inflation and increased operational costs (Regulation 4).
The obligations imposed by these regulations primarily concern the authorized parties involved in the marriage process. Marriage celebrants, registrars, and other authorized officers must comply with the updated terminology and forms prescribed by Regulation 2. They are required to use the new forms in their official capacities and ensure that all documentation accurately reflects the prescribed changes. Additionally, Regulation 3 mandates that the Registrar-General for Queensland assumes the role of the registering authority for marriages solemnized in Australia, necessitating that all relevant records and registrations be submitted to this office. Regulation 4 stipulates the updated fees for services rendered, which celebrants and officers must charge accordingly and account for within their financial records.
Breaches of these regulations could lead to civil consequences, although the specific statutory provisions for penalties are not detailed within the explanatory statement. Generally, failure to comply with prescribed forms and fees could result in the invalidation of marriage certificates or other documentation, potentially leading to legal disputes or difficulties for the parties involved. Moreover, non-compliance with updated terminology and prescribed forms could lead to administrative penalties or other corrective actions mandated by the relevant authorities. It is important for all authorized parties to adhere strictly to these regulations to avoid such repercussions.