EXPLANATORY STATEMENT
MARRIAGE ACT 196;
MARRIAGE REGULATIONS (Amendment)
(STATUTORY RULES 1990 No 246
The purpose of the amendment to the Marriage Regulations (the Principal Regulations) is to increase certain fees which may be charged by civil celebrants and marriage officers; fees payable for various applications, and increasing the period for notice of cancellation of a marriage to a celebrant attracting a full refund of the marriage fee.
A policy decision taken by the Attorney-General is 1982 stated a review of the fee schedule was to take place at intervals of not less than two years. The last amendments increasing fees were made in 1988.
The increase in the fee schedule reflects the movements in the Consumer Price Index for the period under review (January 1988 to December 1989).
Details of the Proposed Marriage Regulation (the Proposed Regulation) is as follows
Paragraph (a) amends Item 11 by increasing the fee payable on giving notice of intended marriage from $20 to $30.
Paragraph (b) amends Item 12 by increasing the fee payable in respect of solemnization of a marriage by a civil celebrant from $55 to $60.
Paragraph (c) and (d) amends Items 12A and 12B to provide for a travelling fee where the distance between the home of that celebrant and the place of marriage is not more than 30 kilometres - $12 for the whole or part of the (first 20 kilometres) and $6 for the whole or part of each additional 10 kilometres (including return journey).
Paragraph (e) amends Item 13 by increasing the fee payable on solemnization of a marriage by a marriage officer from $55 to $65.
Paragraph (f) amends Item 14 by increasing the fee payable on an application for shortening time for giving notice of intended marriage from $20 to $25.
Paragraph (a) amends Item 14 by increasing the fee payable on an application for dispensing with consent under section 15 from $20 to $25.
Paragraph (h) amends paragraph 5B(a)(i) by omitting “7 days” and substituting “14 days” where notice of cancellation is given to the celebrant.
(Authorized by the Minister of State for Justice and Consumer Affairs)
Overview
The Marriage Regulations (Amendment) (Statutory Rules 1990 No 246) was enacted to address the need for regular updates to the fee schedule for services related to marriage solemnisation, reflecting economic changes over time. This amendment to the Marriage Regulations 1961, under the authority of the Attorney-General, was introduced to align with the policy decision from 1982 that mandated bi-annual reviews of these fees. The amendments were made to keep the fees in line with the Consumer Price Index movements from January 1988 to December 1989. The primary objective was to ensure that the fees charged by civil celebrants and marriage officers, as well as those for various applications and notices, accurately reflect the current economic conditions. This update includes increases in fees for giving notice of intended marriage, solemnisation by civil celebrants and marriage officers, travelling fees for celebrants, and applications related to shortening time and dispensing with consent. Additionally, the amendment extends the period for notice of cancellation of a marriage to a celebrant to attract a full refund of the marriage fee.
Scope and Application
The Marriage Regulations (Amendment) Statutory Rules 1990 No 246, which amend the Marriage Regulations under the Marriage Act 1961, serve to adjust the fee schedule for services rendered by civil celebrants and marriage officers in the context of marriages. These amendments apply to individuals acting as civil celebrants or marriage officers who solemnize marriages, and to those who engage their services by providing notice of intended marriages and applying for related services such as shortening the notice period or dispensing with consent. The regulations are applicable nationwide, reflecting the Commonwealth's jurisdiction over marriage law in Australia. The amendments increase fees in line with the Consumer Price Index over a specified period, affecting the fees for giving notice of intended marriage, solemnization of a marriage, travelling fees for celebrants, applications for shortening notice periods, and applications for dispensing with consent. Additionally, the period for cancellation of a marriage to attract a full refund of the marriage fee is extended from 7 to 14 days. These changes are intended to ensure that the fees reflect current economic conditions and do not require further legislative changes unless necessitated by another review as stipulated.
Key Provisions
The primary operative sections of this amendment to the Marriage Regulations (1990 No 246) pertain to fee adjustments for various marriage-related services. According to the amendment, Item 11 now requires a fee of $30 for giving notice of intended marriage, up from $20 (Paragraph a). Item 12 has been revised to set the fee for solemnization of a marriage by a civil celebrant at $60, an increase from $55 (Paragraph b). Additionally, new travel fees are introduced in Items 12A and 12B: $12 for the first 20 kilometres and $6 for every additional 10 kilometres (Paragraphs c and d). The fee for solemnization of a marriage by a marriage officer is increased to $65 (Paragraph e), and the fee for applications to shorten the notice period or dispense with consent is raised to $25 (Paragraphs f and g). Lastly, the period for cancelling a marriage with a full refund to the celebrant is extended to 14 days (Paragraph h).
The obligations and requirements imposed by these amendments on civil celebrants, marriage officers, and applicants include adhering to the updated fee schedule for services rendered. Civil celebrants and marriage officers must charge the new rates for their services, while applicants must be aware of the increased fees for various applications. The amendment also mandates that if notice of cancellation is given to a celebrant within the new 14-day period, the applicant is entitled to a full refund of the marriage fee. These changes ensure that all parties are aware of and comply with the updated financial obligations associated with marriage-related services.
The Marriage Regulations (Amendment) (Statutory Rules 1990 No 246) does not explicitly outline specific offences or penalties for non-compliance with the fee schedule. However, failure to adhere to the prescribed fees could potentially lead to legal disputes or claims of unjust enrichment if celebrants or officers do not charge the correct amounts. Additionally, if celebrants do not provide full refunds as stipulated when cancellations are made within the 14-day period, they could face civil liability for breach of contract or misrepresentation. While no maximum penalties are specified in the text, legal recourse could involve civil litigation seeking compensation for any financial losses incurred due to non-compliance.
In summary, the amendment to the Marriage Regulations introduces several key changes to the fee structure for marriage-related services. It mandates updated fees for services such as giving notice, solemnization, and various applications, as well as extending the cancellation period for a full refund. Compliance with these new fees and requirements is essential for all parties involved, and failure to adhere to the updated regulations could result in civil liabilities. The specific legal consequences for non-compliance, however, are not detailed in the provided text.