Part I Preliminary
1 Name of Regulations [see Note 1]
These Regulations are the Marriage Regulations
1963.
2 Commencement [see Note 1]
These Regulations shall come into operation on the
date fixed by Proclamation under subsection (2) of section 2 of the Act.
4 Interpretation
(1) In these Regulations, unless the contrary intention
appears:
Act means the Marriage Act 1961.
birth certificate, in relation to a person,
means an official certificate, or official extract of an entry in an official
register, showing the date and place of birth of the person.
celebrant means an authorized celebrant or a
chaplain.
clerk, in relation to a court of summary
jurisdiction, means the clerk or other proper officer of the court of summary
jurisdiction.
filed, in relation to a notice of application
under Part II of the Act or to another document concerning such an application,
means:
(a) where the application is made to a
Judge — filed in an office of the appropriate court; and
(b) where the application is made to a
magistrate — delivered to the clerk of the appropriate court of summary
jurisdiction.
notice of intended marriage means a notice
required to be given under paragraph 42 (1) (a) of the Act.
official certificate, in relation to a
marriage, means the certificate of the marriage complying with subsection
50 (3) or 80 (3) of the Act.
Registrar of Marriage Celebrants
means the Registrar of Marriage Celebrants under section 39A of the Act.
registration year means a period of 12 months
beginning on 1 September.
retained official certificate, in relation to
a marriage, means the certificate that is required, under the Act, to be
retained by the celebrant who solemnized the marriage.
(2) Where in these Regulations reference is made to an
Act of a State, or to an Ordinance of a Territory, and that Act or Ordinance is
subsequently amended, then the reference shall, from the date of the amendment,
be deemed to be a reference to that Act or Ordinance as so amended.
4A Application
of Criminal Code
Chapter 2 of the Criminal Code applies to
offences against these Regulations
Note Chapter 2 of the Criminal Code
sets out the general principles of criminal responsibility.
5 Schedules
and forms
In these Regulations, a reference to a Schedule by
number shall be read as a reference to the Schedule so numbered to these
Regulations, and a reference to a Form by number shall be read as a reference
to the Form so numbered in Schedule 1 to these Regulations.
6 Compliance
with forms
(1) Strict compliance with the Forms in Schedule 1 is
not necessary and substantial compliance, or such compliance as the
circumstances of a particular case allows, is sufficient.
(2) A Form shall be completed in accordance with any
directions contained in that Form.
Part II Marriage
of minors
Division 1 Consent of parents, guardians etc
7 Consent
of parent etc to marriage of minor
(1) A consent of a person whose consent is required by the
Act to the marriage of a minor shall:
(a) state the full name and address of the
person giving the consent;
(b) state or otherwise indicate the capacity in
which the person’s consent is required;
(c) state the full name of the minor; and
(d) state the full name and address of the other
party to the marriage.
(2) Where a consent does not contain all the particulars
required by paragraphs (a), (c) and (d) of the last preceding subregulation but
identifies the person giving it and the parties to the marriage to which it
relates, the consent shall be deemed to comply with those paragraphs.
(3) Subject to subregulation (4), where a celebrant
solemnizes the marriage of a minor and a document was produced to the celebrant
as the consent of a person whose consent to the marriage of the minor is
required by the Act, the celebrant shall, by writing under his hand written on
the consent, state the manner in which he satisfied himself that the person who
gave the consent is a person whose consent to the marriage of the minor is so
required.
Penalty: 1 penalty unit.
(4) Subregulation (3) does not apply:
(a) to or in relation to the consent of a Judge,
a magistrate or a prescribed authority under Part II of the Act; or
(b) if the consent of both parents of the minor
was produced to the celebrant.
(5) Subregulation (1) of this regulation does not apply
to the consent of a Judge or magistrate under Part II of the Act.
(6) An offence against subregulation (3) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
8 Consent
of illiterate or blind person
(1) Where it appears to a person (in this regulation
referred to as the witness) subscribing his name as a witness to
the signature of a person (in this regulation referred to as the party
giving the consent) to a consent to the marriage of a minor that the
party giving the consent is illiterate or blind, the witness shall not so
subscribe his name as a witness unless:
(a) the consent was read, in the presence of the
witness, to the person giving the consent;
(b) it appeared to the witness that the person
giving the consent understood the matter contained in the consent and the
effect of signing the consent; and
(c) the person giving the consent signed it
(whether by making his mark or otherwise) in the presence of the witness.
(2) Where the last preceding subregulation has been
complied with in relation to a consent, the witness to the signature of the
party giving the consent shall certify accordingly by writing under his hand
written on the consent.
Penalty: One hundred dollars.
9 Consent
not in English language
(1) Where a consent to the marriage of a minor that is
produced to the celebrant solemnizing the marriage is written in a language
other than the English language, the celebrant shall attach a translation of
the consent into the English language:
(a) made by the celebrant, if he is competent to
make it; or
(b) made by a
person whom the celebrant believes to be competent to make it;
to the consent, and forward the translation with the consent to the
appropriate registering authority to whom the consent is required to be
forwarded under paragraph (a) of subsection (4) of section 50 of the Act or
under paragraph (b) of subsection (4) of section 80 of the Act, as the case may
be.
(2) A person who makes a translation of a consent for
this regulation must certify, on the translation, that:
(a) the translation is a translation of the
consent; and
(b) the person is competent to make the
translation.
Penalty: 1 penalty unit.
(3) A person must not intentionally make a false
statement in a certificate given for subregulation (2).
Penalty: 1 penalty unit.
(4) If a translation of a consent is made for this
regulation by a person other than the celebrant who solemnizes the marriage to
which the consent relates, the celebrant must certify, on the translation, as
to the celebrant’s belief in the competency of the person to make the
translation.
Penalty: 1 penalty unit.
(5) An offence against subregulation (2) or (4) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
Division 2 Dispensing
with the consent of parents, guardians etc
10 Application
to dispense with consent
An application under section 15 of the Act to
dispense with the consent of a person whose consent is required to a proposed
marriage of a minor:
(a) shall be in accordance with Form 1;
(b) shall be accompanied by a birth certificate
in respect of the applicant unless it is impracticable to obtain such a
certificate; and
(c) if consent to the proposed marriage has been
given by or in place of any person whose consent to the proposed marriage of
the minor is required by the Act — shall be accompanied by that consent.
11 Form
of dispensation, and of notice of refusal to dispense, with consent
(1) Where a prescribed authority dispenses with the
consent of a person to a proposed marriage of a minor, he shall furnish to the
minor a dispensation in accordance with Form 2.
(2) Where a prescribed authority refuses to dispense
with the consent of a person to a proposed marriage of a minor, he shall give
notice of the refusal to the minor in accordance with Form 3.
Division 3 Consent
by Judges or magistrates in place of parents, guardians etc
12 Consent
by Judge or magistrate to marriage of minor
(1) A person intending to make application to a Judge
under subsection 16 (1) or (5) of the Act shall file notice of the application
in an office of the appropriate court.
(1A) A person intending to make application to a magistrate
under subsection 16 (1) or (5) of the Act shall deliver notice of the
application to the clerk of the appropriate court of summary jurisdiction.
(2) Notice of an application under subsection (1) of
section 16 of the Act for the consent of a Judge or magistrate to the proposed
marriage of a minor in place of a person whose consent to the proposed marriage
is required by the Act:
(a) shall be in accordance with Form 4;
(aa) shall be accompanied by a certificate in
accordance with Form 5;
(b) shall be accompanied by a birth certificate
in respect of the proposed applicant unless it is impracticable to obtain such
a certificate; and
(c) if consent to the proposed marriage has been
given by or in place of any other person whose consent to the proposed marriage
of the minor is required by the Act — shall be accompanied by that
consent.
(3) Notice of an application under subsection (1) of
section 16 of the Act by a minor who has previously made application (not being
an application that was withdrawn) under that subsection in relation to his
proposed marriage shall state:
(a) the name of the Judge or magistrate to whom
the previous application was made;
(b) the decision of the Judge or magistrate upon
the previous application; and
(c) the date of that decision.
(4) Where a minor who intends to make application under
subsection (1) of section 16 of the Act has made a previous application to a
magistrate under that subsection and the previous application had been re-heard
under section 17 of the Act, the notice of the application shall state:
(a) the name of the Judge by whom an inquiry
into the previous application was held;
(b) the decision of the Judge upon the
re-hearing; and
(c) the date of that decision.
(5) Where, after a prescribed authority has refused to
dispense with the consent of a person to the proposed marriage of a minor, the
minor intends to make application under subsection (1) of section 16 of the Act
for the consent of a Judge or magistrate to the proposed marriage in place of
the consent of that person, the prescribed authority’s notice of refusal shall
be attached to the notice of the application.
(6) Notice of an application under subsection (5) of
section 16 of the Act may be filed at the same time as, and joined with, notice
of an application under subsection (1) of section 16 of the Act.
(7) The consent of a Judge or magistrate upon an
application under subsection 16 (1) of the Act shall be in accordance with
Form 5A.
(8) The consent of a Judge or magistrate upon an
application under subsection 16 (5) of the Act shall be in accordance with
Form 5B.
13 Re-hearing
of application for consent to marriage of a minor
(1) Where an application to a magistrate under
subsection (1) of section 16 of the Act is granted or an application to a
magistrate under subsection (1) or (5) of that section is refused, the
prescribed time for the purposes of section 17 of the Act is fourteen days from
the day on which the application was granted or refused, as the case may be.
(2) A request for the re-hearing, by a Judge, of an
application to a magistrate under subsection 16 (1) of the Act shall be made by
filing the request in an office of the appropriate court.
(3) A request under section 17 of the Act:
(a) shall be in accordance with Form 6;
(b) shall be accompanied by a birth certificate
in respect of the minor to whom the request relates unless it is impracticable
to obtain such a certificate; and
(c) if the request is made by that minor and
consent to the proposed marriage has been given by or in place of a person
whose consent to the proposed marriage of the minor is required by the
Act — shall be accompanied by that consent.
(4) A request under section 17 of the Act shall have
attached to it a copy of the notice of application under subsection 16 (1) of
the Act to which it relates or shall state the matters required by the last
preceding regulation and by Form 4 to be stated in such notice.
(5) An application under subsection (5) of section 16 of
the Act, in its application, by virtue of subsection (2) of section 17 of the
Act, to requests under section 17 of the Act, may be made at the same time as,
and joined with, such a request.
14 Notice
of request to be served on magistrate
(1) A person who requests, under section 17 of the Act,
the re‑hearing of an application to a magistrate under subsection
16 (1) or (5) of the Act shall, on the day on which the request is filed,
serve notice of the request on the magistrate.
(2) Notice of a request may be served on the magistrate
who heard an application:
(a) by delivering a copy of the request to the
clerk of the court of summary jurisdiction to whom notice of the application
was delivered in accordance with subregulation 12 (1A); or
(b) by telegram, signed by the proper officer of
the court in which the request is filed, to that clerk.
(3) Where notice of a request for the re-hearing of an
application by a Judge of a Court is served on a magistrate under the last
preceding subregulation, the magistrate shall cause the documents relating to
the inquiry to which the request relates, including any transcript of the
evidence given at that inquiry or any depositions of the witnesses at that
inquiry, to be forwarded to the appropriate office of that Court.
Division 4 Authorization of marriages of persons not of marriageable age
15 Applications
under section 12
(1) A person intending to make application to a Judge of
a Court under section 12 of the Act shall file notice of the application in an
appropriate office of the Court.
(2) A person intending to make application to a
magistrate under section 12 of the Act shall deliver notice of the application
to the clerk of the appropriate court of summary jurisdiction.
16 Applications
Notice of an application under section 12 of the
Act:
(a) shall be in accordance with Form 7;
(b) shall be accompanied by a birth certificate
in respect of the applicant unless it is impracticable to obtain such a
certificate; and
(c) if consent to the proposed marriage has been
given by or in place of a person whose consent to the proposed marriage of the
minor is required by the Act — shall be accompanied by that consent.
17 Affidavits
in support of applications
(1) As far as practicable, the facts on which an
applicant intends to rely in support of his application shall be stated in
affidavits.
(2) An affidavit to be used at an inquiry concerning an
application shall, unless the Judge or magistrate holding the inquiry otherwise
directs, be filed before it is so used.
18 Order
authorising marriage
(1) Where a marriage is solemnized between two persons,
one of whom has been authorized to marry the other by an order under section 12
of the Act, the person who has been so authorized shall produce the order to
the celebrant who solemnizes the marriage.
(2) A celebrant who solemnizes a marriage in relation to
which an order under section 12 of the Act has been produced to him shall:
(a) if he is an authorized celebrant —
forward it to the appropriate registering authority of the State or Territory
in which the marriage is solemnized; or
(b) if he is a chaplain — forward it to the
Registrar of Overseas Marriages.
Division 5 Practice
and procedure relating to inquiries
19 Interpretation
In this Division,
unless the contrary intention appears:
applicant, in relation to a request, means
the person who makes the request.
Court does not include a court of summary
jurisdiction.
notice of an application means notice of an
application to a Judge or magistrate under section 12, or subsection 16 (1) or
(5), of the Act, and includes a request.
request means a request under section 17 of
the Act for the re‑hearing of an application to a magistrate under
subsection 16 (1) or (5) of the Act.
20 Time
and place of hearing
(1) As soon as practicable after notice of an application
to a Judge is filed in the office of a Court, the appropriate officer of the
Court shall fix a time, date and place for the holding of an inquiry into the
relevant facts and circumstances.
(2) As soon as practicable after notice of an
application to a magistrate is delivered to the clerk of a court of summary
jurisdiction, the clerk shall fix a time, date and place for the holding of an
inquiry into the relevant facts and circumstances.
(3) An officer or clerk who fixes the time, date and
place for the holding of an inquiry shall give notice of the time, date and
place so fixed to the applicant.
(4) Subject to the next succeeding subregulation, an
applicant shall serve personally on each other person who is required by
section 18 of the Act to be given an opportunity of being heard at that inquiry
notice of the time, date and place fixed for the holding of that inquiry, in
accordance with Form 8, together with a copy of his notice of application.
(5) Where notice of an
application has been filed in an office of a Court or delivered to the clerk of
a court of summary jurisdiction, the appropriate officer of the court may, upon
the request of the applicant and after consultation with a Judge or magistrate,
as the case may be:
(a) dispense with service on a person under the
last preceding subregulation; or
(b) specify the manner (not being personal
service) in which service on a person may be effected under that subregulation.
21 Inquiries
(1) A Judge or magistrate may adjourn an inquiry from
time to time and from place to place.
(2) A Judge or magistrate shall conduct an inquiry
without regard to legal forms and solemnities.
(3) A barrister or solicitor representing a person who
is given an opportunity of being heard at an inquiry may examine or cross-examine
witnesses and address the Judge or magistrate conducting the inquiry.
(4) Where a Judge or
magistrate has heard and dealt with an application under section 12, or
subsection 16 (1) or (5), of the Act, or where a Judge has heard and dealt with
a request under section 17 of the Act, a birth certificate or consent that
accompanied the application or request shall, unless the Judge or magistrate
otherwise directs, be returned to the person who made the application or
request.
21A Prescribed
authority to furnish report
(1) Where, after a prescribed authority has refused to
dispense with the consent of a person to the proposed marriage of a minor, the
minor files or delivers under regulation 12 a notice of application under
subsection 16 (1) of the Act for the consent of a Judge or magistrate to the
proposed marriage in place of the consent of that person, the minor shall,
forthwith after notice of the time, date and place fixed for the holding of an
inquiry has been given to him, serve a copy of the first-mentioned notice on
the prescribed authority together with particulars of the address of the office
of the court in which the inquiry is to be held and of the time, date and place
fixed for the holding of that inquiry.
(2) Where a copy of the notice of application under
subsection (1) of section 16 of the Act is served on a prescribed authority
under the last preceding subregulation, the prescribed authority shall, within
fourteen days from the day on which the copy is served on him, furnish to the
appropriate officer of the court in which the notice was filed or the clerk of
the court of summary jurisdiction to whom the notice was delivered, as the case
requires, a report setting out his reason for refusing to dispense with the
consent of a person to the marriage of the minor.
(3) A party to an application under subsection (1) of
section 16 of the Act, is entitled to inspect the report of a prescribed
authority furnished, in accordance with the last preceding subregulation, in
respect of the application, and to take a copy of, or extracts from, the
report.
(4) Where a copy of the notice of application under
subsection (1) of section 16 of the Act and the particulars specified in
subregulation (1) of this regulation are not served on the prescribed authority
by the minor who made the application himself, the minor shall cause to be
delivered to the appropriate officer of the court in which the application was
filed or the clerk of the court of summary jurisdiction to whom the application
was delivered, as the case requires, and to be filed, on or before the day
fixed for holding the inquiry, an affidavit of service sworn by the person who
served the copy and particulars stating:
(a) the date on which and the place at which the
copy and particulars were served; and
(b) the means by which he established that the
person on whom the copy and particulars were served was the person on whom they
were required to be served.
22 Forwarding
documents to Judge or magistrate on subsequent application
(1) Where a Judge or magistrate to whom an application
is made under section 12, or subsection 16 (1) or (5), of the Act refuses to
proceed with the hearing of the application upon the ground that he is
satisfied that the matter could more properly be dealt with by a Judge or
magistrate sitting at a particular place that is nearer the place where the
applicant ordinarily resides, the notice of the application, and any affidavit
filed in relation to the application, shall, if the applicant requests, either
orally, immediately after the refusal, or by writing under his hand, at any
subsequent time, that the application be heard by a Judge or magistrate, as the
case may be, sitting at that place, be forwarded to:
(a) the appropriate officer of the appropriate
Court; or
(b) the clerk of the appropriate court of summary
jurisdiction;
as the case may be.
(2) Where notice of an application and the affidavits in
relation to an application have been received by the officer or clerk to whom
they have been forwarded under the last preceding subregulation, the notice and
affidavits shall be dealt with as if they had been filed in the appropriate
office of that court or delivered to the clerk of that court of summary
jurisdiction, as the case may be.
23 Power
to send for witnesses and documents
(1) Where notice of an application has been filed in the
office of a Court, a Judge of the Court may, if he thinks it reasonable and
proper so to do, issue a summons, in accordance with Form 9, requiring a person
named in the summons to appear as a witness upon the hearing of the
application.
(2) Where notice of an application has been delivered to
the clerk of a court of summary jurisdiction, a magistrate may, if he thinks it
reasonable and proper so to do, issue a summons, in accordance with Form 9,
requiring a person named in the summons to appear as a witness upon the hearing
of the application.
(3) Service of a summons under this regulation shall be
effected by delivering a copy of the summons to the person to be served
personally and, at the same time, showing the summons to him.
24 Duty
of witness to continue in attendance
A person who has been summoned to attend before a
Judge or magistrate as a witness shall appear and report himself at the time
and place specified in the summons and then from day to day, unless excused by
a Judge or magistrate, as the case may be.
25 Arrest
of witness failing to attend
(1) If a person who has been summoned to attend before a
Judge or magistrate fails so to attend as required by the last preceding regulation,
the Judge or magistrate, as the case may be, may, on being satisfied that the
summons has been duly served and that reasonable expenses have been paid or
tendered to that person, issue a warrant for the apprehension of that person.
(2) A warrant so issued authorizes the apprehension of
the person and his being brought before the Judge or magistrate, as the case
may be, and his detention in custody for that purpose until he is released by
order of the Judge or magistrate, as the case may be.
(3) A warrant so issued may be executed by a member of
the police force of the Commonwealth or a State or Territory, by the Sheriff or
an officer of the Sheriff of a State or Territory or by any person to whom it
is addressed, and the person executing it has power to break and enter any
place, building or vessel for the purpose of executing the warrant.
(4) The apprehension of a person under this regulation
does not relieve him from any liability incurred by him by reason of his
failure to attend before the Judge or magistrate.
26 Witness
expenses
(1) A person who attends in obedience to a summons to
attend as a witness before a Judge of a Court, or before a magistrate of a
State or Territory, is entitled to be paid witness expenses and travelling
allowances as if he were attending as a witness before that Court, or before a
court of summary jurisdiction in that State or Territory, as the case may be,
or, in special circumstances, such expenses and allowances as the Judge or
magistrate directs (less any amount previously paid to him for his expenses of
attendance).
(2) The expenses and allowances are payable by the
person at whose request the witness was summoned.
27 Power
to examine on oath
(1) A Judge or magistrate may administer an oath to a
person appearing as a witness before the Judge or magistrate, whether the
witness has been summoned or appears without being summoned, and may examine
the witness on oath.
(2) A witness may, instead of taking an oath, make an
affirmation that he will state the truth, the whole truth and nothing but the
truth to all questions that are asked him.
(3) An affirmation so made is of the same force and
effect, and entails the same liabilities, as an oath.
28 Offences
by witnesses
(1) A person who is summoned to attend before a Judge or
magistrate as a witness must not:
(a) without reasonable excuse, fail to attend,
after payment or tender of a reasonable sum for his expenses of attendance;
(b) refuse to be sworn or to make an affirmation
as a witness, or to answer any question when required to do so by the Judge or
magistrate; or
(c) without reasonable excuse, refuse or fail to
produce a book, document or writing which he was required by the summons to
produce.
Penalty: 2 penalty units.
(2) An offence against paragraph (1) (a) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
29 Offences
in relation to Judges etc
(1) A person must not, when a Judge or magistrate is
conducting an inquiry under Part II of the Act:
(a) intentionally insult or disturb the Judge or
magistrate;
(b) interrupt the proceedings before the Judge or
magistrate; or
(c) use insulting
language to the Judge or magistrate.
Penalty: 2 penalty units.
(2) A person must not, by writing or speech, use words
calculated:
(a) to influence improperly a Judge or
magistrate, or a witness before a Judge or magistrate, in relation to an
application or proposed application; or
(b) to bring a Judge or magistrate into disrepute
in connexion with an application or proposed application.
Penalty: 2 penalty units.
30 Protection
of Judges etc
(1) A Judge performing a function under the Act in a
State or Territory, or a magistrate of a State or Territory, has, in the
performance of his duty as a Judge or magistrate under Part II of the Act, the
same protection and immunity as a Judge of the Supreme Court of that State or
Territory has in the performance of his duty as a Judge of the Supreme Court.
(2) A barrister or solicitor appearing before a Judge
performing a function under the Act in a State or Territory, or before a
magistrate of a State or Territory, in connexion with an inquiry under Part II
of the Act, has the same protection and immunity as a barrister or solicitor,
as the case may be, has in appearing for a party in proceedings in the Supreme
Court of that State or Territory.
(3) Where a party who is not represented by a barrister
or solicitor appears before a Judge performing a function under the Act in a
State or Territory, or before a magistrate of a State or Territory, in
connexion with such an inquiry, the party has the same protection and immunity
as a party to proceedings in the Supreme Court of that State or Territory has
in appearing before that Court when not so represented.
(4) A witness summoned to attend or appearing before a
Judge performing a function under the Act in a State or Territory or before a
magistrate of a State or Territory has the same protection as a witness in
proceedings in the Supreme Court of that State or Territory.
Part III Solemnization
of marriages in Australia
Division 1 Ministers of religion
31 Nomination
of minister of religion
A nomination of a minister of religion for
registration under Division 1 of Part IV of the Act shall be in accordance with
Form 10.
32 Application
to be registered in the register of ministers of religion
An application under subsection (1) of section 30
of the Act shall be in accordance with Form 11.
33 Notice
of intention to remove name of minister of religion from the register
(1) A notice under subsection (2) of section 33 of the
Act shall be in accordance with Form 12.
(2) A notice under subsection (2) of section 33 of the
Act shall be given to the person to whom it relates:
(a) by delivering it to the person personally;
or
(b) by sending it to the person by avis de
réception registered post at the address of the person last known to the
Registrar of Ministers of Religion giving the notice.
34 Notice
of removal of person from the register to be given to recognised denomination
Where a Registrar of Ministers of Religion removes
the name of a person from a Register of Ministers of Religion on a ground
specified in paragraph (d) or (e) of subsection (1) of section 33 of the Act,
the Registrar shall give notice of the removal to the recognized denomination
of which the person is a minister of religion.
35 Notice
of change of address etc
A notification under subsection (1) of section 35
of the Act:
(a) shall be in writing under the hand of the
person; and
(b) if it is a notification of a change of the
name, address or designation of a person registered under Division 1 of
Part IV of the Act — shall specify his name, address and designation
before the change and his name, address and designation after the change.
36 Annual
list of ministers of religion
(1) On or before the last day in January in each year, a
recognized denomination shall furnish to the Registrar of Ministers of Religion
for each State or Territory in which were ordinarily resident any persons
registered under Division 1 of Part IV of the Act as ministers of religion for
that denomination who were exercising the function of such a minister of
religion on the first day of January in that year a list containing particulars
of those persons who were ordinarily resident in that State or Territory.
(2) A list furnished under the last preceding
subregulation shall state:
(a) the full name, designation and place of
residence of each of the persons to whom the list relates; and
(b) in respect of each person whose name and
other particulars are not included in it but were included in the list so
furnished in the last preceding year — the reasons why the name and other
particulars of the person are not included in it.
37 Recognised
denomination to furnish information
(1) The Registrar of Ministers of Religion for a State
or Territory may, by notice in writing to a recognized denomination, require
the denomination to furnish to the Registrar, within fourteen days after
receipt of the notice or within such extended period as the Registrar allows, a
statement containing such information as is indicated in the notice, being
information affecting or likely to affect the right to registration under
Division 1 of Part IV of the Act of a person who is registered as a minister of
religion of that denomination.
(2) A statement furnished in pursuance of a notice under
this regulation shall be in such form as the Registrar directs, and shall be
signed by a member of the denomination on behalf of the denomination.
(3) A person who signs a statement furnished under this
section shall certify in writing at the foot of the statement as to the
correctness of the information contained in it.
(4) A person must not
intentionally make a false statement in a certificate given for subregulation
(3).
Penalty: 2 penalty units.
(5) A recognized denomination that is given a notice
under subregulation (1) must comply with it.
Penalty: 2 penalty units.
Division 1A Marriage celebrants
Subdivision 1 General
37E Application
of Subdivision 1
This Subdivision prescribes matters for Subdivision
C of Division 1 of Part IV of the Act in relation to marriage celebrants
(other than in relation to complaints).
Note 1 Under subsection 5 (1) of the
Act, marriage celebrant means a person registered under
Subdivision C of Division 1 of Part IV of the Act.
Note 2 Subdivision 2 of this Division
sets out the procedures for making and resolving complaints about the
solemnization of marriages by marriage celebrants.
37F Definitions
In this Subdivision:
Australian National Training Authority means
the authority of that name established under the Australian National
Training Authority Act 1992.
formal course of training means:
(a) a course conducted by a university that
includes the marriage celebrancy unit; or
(b) a course in marriage celebrancy conducted by
a registered training organisation.
marriage celebrancy unit means the unit of
competency, identified as CHCMCEL401A, of the Community Services Training
Package 2002, published by the Australian National Training Authority, as in
force on 1 September 2003.
registered training organisation means:
(a) in relation to a qualification — an
organisation that is registered under a law of a State or Territory as an
organisation that is accredited to issue the qualification; and
(b) in relation to a course in marriage
celebrancy — an organisation that is registered under a law of a State or
Territory as an organisation that is accredited to conduct the course and to
issue to a person who has successfully completed the course:
(i) a Certificate IV in Marriage
Celebrancy; or
(ii) a Statement of Attainment in the
marriage celebrancy unit.
37G Qualifications
and skills required for registration as a marriage celebrant (Act s 39C)
(1) For paragraph 39C (1) (b) of the Act,
a person must have:
(a) at least 1 of the qualifications mentioned
in subregulation (2); or
(b) all the skills mentioned in
subregulation (3).
(2) For
paragraph (1) (a), the qualifications are as follows:
(a) a certificate (however described) awarded by
a university, showing successful completion of a course conducted by the
university that includes the marriage celebrancy unit;
(b) a Certificate IV in Marriage Celebrancy
awarded by a registered training organisation;
(c) a Statement of Attainment in the marriage celebrancy
unit awarded by a registered training organisation;
(d) a written assessment given by a qualified
assessor, showing attainment of competency in the marriage celebrancy unit.
(3) For paragraph (1) (b), the skills are as
follows:
(a) fluency in an indigenous language;
(b) ability to liaise with clients and, if
appropriate, the indigenous community in planning a marriage ceremony;
(c) ability to conduct a marriage ceremony, and
to register a marriage, as required under the Act (including completing the
required documentation);
(d) ability to communicate effectively.
(4) In this regulation:
qualified assessor means a person who:
(a) holds a qualification at or above the
Certificate IV level in Assessment and Workplace Training to conduct assessments
for the marriage celebrancy unit; and
(b) in relation to an assessment that includes an
assessment of a course of training previously undertaken by the person
assessed — is not employed by, and is not conducting the assessment on
behalf of, an organisation that conducted the course of training.
37H Application
for registration as a marriage celebrant — Form 12A (Act s 39D (1))
For paragraph 39D (1) (a) of the
Act, an application for registration as a marriage celebrant must be in
accordance with Form 12A.
37I Details
to be entered in register of marriage celebrants (Act s 39D (5),
s 39K)
(1) For subsection 39D (5) of the Act, the
following details relating to a person who is registered as a marriage
celebrant must be entered in the register of marriage celebrants:
(a) the person’s title and full name;
(b) the person’s contact details (including
contact address);
(c) whether the person proposes to conduct
religious ceremonies and, if so, the name of the religious organisation under
the authority of which the person proposes to conduct the religious ceremonies;
(d) the date of registration.
Note See also the following provisions of
the Act in relation to details to be entered in the register:
(a) paragraph 39I (2) (c) — suspension of a
marriage celebrant’s registration;
(b) subsection 39J (3) — giving effect to a
decision of the Administrative Appeals Tribunal in relation to an application
for review of a decision under section 39J of the Act.
(2) For paragraph 39K (a) of the Act, the
Registrar of Marriage Celebrants must amend the details relating to a marriage
celebrant in the register:
(a) if the marriage celebrant informs the
Registrar of any times when he or she will be unavailable — by entering
those times in the register; and
(b) by changing the details in the register if:
(i) the Registrar becomes aware of a
clerical error in the details; or
(ii) the marriage celebrant informs the
Registrar of any change to the details; and
(c) by removing the marriage celebrant’s details
from the register if:
(i) the marriage celebrant informs the
Registrar that he or she no longer wishes to be registered as a marriage
celebrant; or
(ii) the marriage celebrant informs the
Registrar that he or she has become a minister of religion of a recognized denomination;
or
(iii) the Registrar is satisfied that the
marriage celebrant has died.
Note See also paragraph 39I (2) (d)
of the Act under which, as a disciplinary measure against a marriage celebrant,
the Registrar may deregister the marriage celebrant by removing his or her
details from the register.
(3) An amendment to the register under subregulation (2)
takes effect on the date of the amendment.
(4) The Registrar must ensure that a paper copy of the
register is printed and made available as soon as practicable after the
beginning of each registration year.
37J Notification
of decision in relation to application for registration as a marriage celebrant —
Form 12B (Act s 39D (6), (7))
(1) For subsection 39D (6) of the Act, if the
Registrar of Marriage Celebrants registers a person as a marriage celebrant, the
Registrar must, as soon as practicable, give to the person a notice in
accordance with Part A of Form 12B.
(2) If the Registrar decides not to register a person as
a marriage celebrant, the Registrar must, as soon as practicable, give to the
person a notice:
(a) in accordance with Part B of Form 12B;
or
(b) if the ground for not registering the person
is that the registration would breach section 39E of the Act — in
accordance with Part C of Form 12B.
37K Capping
number of marriage celebrants for 5 years (Act s 39E)
(1) In this regulation:
capital city region, of a State, means the
area described as the Capital City Statistical Division for the State in the
document published by the Australian Bureau of Statistics called Australian
Standard Geographical Classification (ABS Catalogue No. 1216.0), as at 1
July 2001.
existing marriage celebrant has the meaning
given by item 27 of Schedule 1 to the Marriage Amendment Act 2002.
first registration year means the
registration year beginning on 1 September 2003.
later registration year means a registration
year beginning on or after 1 September 2004.
(2) For this regulation, each of the following is a region:
(a) the capital city region of New South Wales;
(b) the area of New South Wales other than the
capital city region of New South Wales;
(c) the capital city region of Victoria;
(d) the area of Victoria other than the capital
city region of Victoria;
(e) the capital city region of Queensland;
(f) the area of Queensland other than the
capital city region of Queensland;
(g) the capital city region of Western Australia;
(h) the area of Western Australia other than the
capital city region of Western Australia;
(i) the capital city region of South Australia;
(j) the area of South Australia other than the
capital city region of South Australia;
(k) the whole of Tasmania;
(l) the whole of the Australian Capital
Territory;
(m) the whole of the Northern Territory;
(n) the whole of Norfolk Island;
(o) the whole of the Territory of Christmas
Island;
(p) the whole of the Territory of Cocos (Keeling)
Islands.
(3) For this regulation:
(a) a person who has applied for registration as
a marriage celebrant is taken to have applied for registration in the region
where the person’s principal place of residence is, as stated in his or her
application for registration; and
(b) an existing
marriage celebrant is taken to be registered as a marriage celebrant in the
region where the marriage celebrant’s principal place of residence is, as last
known to the Registrar.
(4) For subsection 39E (1) of the Act, the number
of persons that may be registered as marriage celebrants in a region in a registration
year is limited to:
(a) for the first registration year:
(i) the number that is 10% (if not a
whole number, rounded up to the next whole number) of the number of existing
marriage celebrants in that region immediately before 1 September 2003; or
(ii) if there is no existing marriage
celebrant in that region immediately before that date — 1; and
(b) for a later registration year:
(i) the number that is 10% (if not a
whole number, rounded up to the next whole number) of the number of marriage
celebrants in that region at the end of the previous registration year; or
(ii) if there is no marriage celebrant
in that region at the end of the previous registration year — 1.
Note If the Registrar of Marriage
Celebrants decides not to register a person as a marriage celebrant on the
ground that the applicable limit would be breached by the registration, the
Registrar must notify the person in accordance with Part C of Form 12B —
see paragraph 37J (2) (b).
(5) This regulation ceases to have effect at the same
time as subsection 39E (1) of the Act ceases to have effect.
37L Code
of Practice for marriage celebrants (Act s 39G)
For paragraph 39G (a) of the Act, the
Code of Practice for marriage celebrants is set out in Schedule 1A.
37M Professional
development (Act s 39G)
(1) For paragraph 39G (b) of the Act, as soon
as practicable after the beginning of a registration year, the Registrar of
Marriage Celebrants must publish on the Internet a list of professional
development activities for that year.
Note In addition to publishing the list
of activities on the Internet, the Registrar may publish the list in any other
way the Registrar considers appropriate.
(2) The list must indicate which activities (if any, up
to a maximum of 2) are compulsory for that year.
(3) At any time during a registration year, the
Registrar may add another professional development activity (other than an
activity that is to be compulsory) to the list for that year.
(4) Subject to subregulation (6), a marriage
celebrant must undertake, in each registration year, at least 2 professional
development activities listed for that year.
(5) For subregulation (4), the activities
undertaken by a marriage celebrant in a registration year:
(a) must include any activity that is compulsory
for that year; and
(b) must not include any activity (other than an
activity that is compulsory for that year) that the marriage celebrant has already
undertaken in the previous 5 registration years; and
(c) must take a total of not less than 5 hours
to complete.
Note A marriage celebrant may undertake
other professional development activities. However, any activity undertaken in
a registration year in excess of the minimum requirements will not count
towards the marriage celebrant’s obligation under this subregulation for other registration
years.
(6) A marriage celebrant need not comply with
subregulation (4) for a registration year if:
(a) the marriage celebrant becomes registered
after 31 January in that year; or
(b) the marriage celebrant:
(i) has successfully completed a formal
course of training in the 6 months immediately before his or her registration;
and
(ii) becomes registered in the 12
months immediately before 31 January in that year; or
(c) before the
end of that registration year, the marriage celebrant applies, in writing, to
the Registrar for exemption from undertaking any professional development
activity required by subregulation (4) in that registration year, and the
Registrar, being satisfied that granting the exemption is justified because of
exceptional circumstances, grants the exemption.
(7) Before 31 October in each registration year, a
marriage celebrant must give to the Registrar an annual return in accordance
with Form 12C relating to the professional development activities
undertaken by the marriage celebrant in the previous registration year.
37N Performance
reviews (Act s 39H)
(1) For paragraph 39H (3) (a) of the Act,
in reviewing the performance of a marriage celebrant, the Registrar of Marriage
Celebrants must consider the following matters:
(a) any complaint about the marriage celebrant
that has been dealt with by the Registrar under Subdivision 2 of this Division,
and whether the marriage celebrant has complied with any undertaking obtained
from, any disciplinary measure taken against, or any action required of, him or
her in relation to the resolution of the complaint;
(b) any information received by the Registrar
concerning the marriage celebrant’s performance of his or her duties as a
marriage celebrant;
(c) whether the marriage celebrant has complied
with the Code of Practice for marriage celebrants set out in Schedule 1A;
(d) whether the marriage celebrant has undertaken
the professional development activities required under paragraph 39G (b)
of the Act;
(e) whether the marriage celebrant has given to
the Registrar the annual returns required under subregulation 37M (7);
(f) whether the marriage celebrant has developed
any physical or mental incapacity that prevents him or her from continuing to
carry out his or her duties as a marriage celebrant.
Note See also paragraph 39H (3) (b)
of the Act under which the Registrar may have regard to any information in his
or her possession.
(2) For paragraph 39H (4) (a) of the Act,
a notice stating the Registrar’s intention to determine that a marriage
celebrant’s performance in respect of a period was not satisfactory must be in
accordance with Form 12D.
(3) As soon as practicable after the Registrar has
completed a review of a marriage celebrant’s performance in respect of a
period, the Registrar must give to the marriage celebrant a notice stating the
outcome of the review.
37O Disciplinary
measures — professional development activities (Act s 39I)
For paragraph 39I (2) (b) of the Act, a
marriage celebrant may be required to undertake:
(a) a particular professional development
activity listed under regulation 37M; or
(b) a formal course of training.
37P Records
(Act s 39K)
For paragraph 39K (b) of the Act, the
Registrar of Marriage Celebrants must keep a copy of the following documents in
relation to each marriage celebrant:
(a) unless the marriage celebrant is an existing
marriage celebrant as defined in item 27 of Schedule 1 to the Marriage
Amendment Act 2002:
(i) the marriage celebrant’s
application for registration; and
(ii) the notice of registration given
to the marriage celebrant under subregulation 37J (1);
(b) each annual return given by the marriage
celebrant under subregulation 37M (7);
(c) in relation to each review of the marriage
celebrant’s performance:
(i) any notice of intention given to the
marriage celebrant under paragraph 39H (4) (a) of the Act; and
(ii) any representation made by the marriage
celebrant under paragraph 39H (4) (b) of the Act; and
(iii) the determination made under
section 39H of the Act; and
(iv) the notice of the outcome of the review
given to the marriage celebrant under subregulation 37N (3);
(d) any notice given to the marriage celebrant
under paragraph 39I (4) (a) of the Act relating to a disciplinary
measure taken against the marriage celebrant (other than a disciplinary measure
taken against the marriage celebrant under paragraph 39I (1) (d)
of the Act).
Note See also regulation 37Z which
provides for records to be kept in relation to any complaints about a marriage
celebrant that are dealt with by the Registrar.
Subdivision 2 Complaints
resolution procedures
37Q Application
of Subdivision 2
For paragraph 39K (c) of the Act, this
Subdivision sets out procedures for making and resolving complaints about the
solemnization of marriages by marriage celebrants.
Note Under subsection 5 (1) of the
Act, marriage celebrant means a person registered under
Subdivision C of Division 1 of Part IV of the Act.
37R Who
may make a complaint
(1) A complaint about the solemnization of a marriage by
a marriage celebrant may be made:
(a) by a party to the marriage or the intended
marriage; or
(b) by a member of the public; or
(c) by the appropriate registering authority of
the State or Territory in which the marriage was solemnized, or was intended to
be solemnized; or
(d) by a person on behalf of a department or
agency of the Commonwealth, or of a State or Territory.
(2) For
subregulation (1), the appropriate registering authority of a State or
Territory is the registering authority mentioned in column 3 of the item
in Schedule 2 relating to that State or Territory.
37S How
to make a complaint
(1) A complaint must:
(a) be made, in writing, to the Registrar of
Marriage Celebrants; and
(b) be made within 3 months after the matter
complained of took place, or a longer period that the Registrar considers is
justified in the circumstances.
(2) A complaint must state:
(a) the complainant’s full name and contact
details; and
(b) the name of the marriage celebrant to whom
the complaint relates; and
(c) the full details of the complaint, including
the date and place of the marriage (or, if known, the date and place of the
intended marriage) and the nature of the complaint; and
(d) whether the matter being complained of:
(i) has been, or is, the subject of a
legal proceeding; or
(ii) has been, or is being, dealt with
by another complaints mechanism.
(3) If a person wishing to make a complaint needs
assistance in preparing a complaint in accordance with this regulation, the
Registrar may provide that assistance.
37T Preliminary
assessment of complaint
(1) If the Registrar of Marriage Celebrants receives a
complaint, the Registrar must, as soon as practicable after receiving the
complaint, make a preliminary assessment of the complaint to determine:
(a) whether the complaint should be dealt with; and
(b) whether, having regard to the nature of the
complaint, it would be more appropriate for another agency to deal with the
complaint or part of the complaint.
(2) For paragraph (1) (a), the Registrar may
decide that a complaint should not be dealt with only if:
(a) the complaint does not comply with the
requirements of regulation 37S; or
(b) the complaint does not relate to the
performance of a marriage celebrant in relation to the solemnization of a
marriage; or
(c) the complaint is frivolous, vexatious or not
made in good faith; or
(d) the substance of the complaint has been the
subject of a previous complaint; or
(e) the matter being complained of:
(i) has been, or is, the subject of a
legal proceeding; or
(ii) has been, or is being, dealt with
by another complaints mechanism.
(3) As soon as practicable after making a preliminary
assessment of the complaint, the Registrar must give to the complainant a
written notice:
(a) stating the outcome of the preliminary
assessment; and
(b) if the Registrar decides that the complaint
should be dealt with but considers that it would be more appropriate for the
complaint, or part of the complaint, to be dealt with by another agency —
stating that, if the complainant wishes the Registrar to deal with the
complaint or any part of the complaint, the complainant must, within 21 days
after the date of the notice, give to the Registrar a written statement to this
effect.
(4) If the Registrar does not receive a statement from
the complainant under paragraph (3) (b) in relation to the complaint
or a part of the complaint, the Registrar must not deal with the complaint or
that part of the complaint.
37U Procedure
if Registrar is to deal with a complaint
(1) If the Registrar of
Marriage Celebrants decides under paragraph 37T (1) (a) that a
complaint should be dealt with and, if applicable, the complainant has given to
the Registrar a statement under paragraph 37T (3) (b), the
Registrar must, as soon as practicable, give to the complainant a written
notice stating that:
(a) the complainant may, within 21 days after
the date of the notice, or a longer period agreed to by the Registrar within
those 21 days, give to the Registrar additional material, in writing, in
support of the complaint (including signed statements by any witnesses); and
(b) in dealing with the complaint, the Registrar
may, at any time, ask the complainant to give to the Registrar further
information in relation to the complaint; and
(c) a copy of the complaint and any supporting
material given by the complainant (excluding any information disclosing the
contact details of the complainant or any supporting witness) will be given to
the marriage celebrant for his or her response; and
(d) the complainant must, within 21 days after
the date of the notice, or a longer period agreed to by the Registrar within
those 21 days, give to the Registrar a written statement consenting to the
marriage celebrant to whom the complaint relates being notified of the
complaint and being given the documents mentioned in paragraph (c); and
(e) the Registrar cannot deal with the complaint
if the complainant does not give the statement of consent within the time mentioned
in paragraph (d).
(2) If the Registrar considers that any additional
material given to the Registrar in support of a complaint discloses a new
complaint in relation to the performance of the marriage celebrant in relation
to the marriage, or intended marriage, that is the subject of the original
complaint, the Registrar must, as soon as practicable, notify the complainant, in
writing, that:
(a) the marriage celebrant is not required to
respond to the new complaint; and
(b) if the complainant wishes to pursue the new
complaint, he or she must make a separate complaint; and
(c) if the complainant makes a separate
complaint, the Registrar may deal with both the original and the new complaint
together.
(3) If the Registrar does not receive a statement of
consent from the complainant under paragraph (1) (d), the Registrar
must not deal with the complaint.
(4) If the Registrar receives a statement of consent
from the complainant under paragraph (1) (d), the Registrar must, as
soon as practicable after receiving the statement, give to the marriage
celebrant:
(a) a written notice stating that:
(i) the complaint has been made; and
(ii) the marriage celebrant may, within
21 days after the date of the notice, or a longer period agreed to by the
Registrar within those 21 days, give to the Registrar a written response to the
complaint and any additional material, in writing, in support of the response
(including signed statements by any witnesses); and
(iii) a copy of any response and supporting
material given by the marriage celebrant (excluding any information disclosing
the contact details of any supporting witness) will be given to the complainant;
and
(iv) if the marriage celebrant does not give
a written response within the time mentioned in subparagraph (ii), the
Registrar may deal with the complaint without further notice to the marriage
celebrant; and
(b) a copy of the complaint and any supporting
material given by the complainant (excluding any information disclosing the
contact details of the complainant or any supporting witness).
(5) As soon as
practicable after receiving a response from the marriage celebrant or, if no
response is received, as soon as practicable after the period in which a
response could be given, the Registrar must:
(a) consider any material given by the
complainant and the marriage celebrant; and
(b) decide whether to resolve the complaint by
conciliation (under regulation 37V) or by determination (under regulation 37W).
(6) The Registrar must decide to resolve the complaint
by determination if the Registrar considers that:
(a) the nature of the complaint makes it inappropriate
to resolve the complaint by conciliation; or
(b) the complaint is unlikely to be resolved by
conciliation.
37V Resolution
by conciliation
(1) This regulation sets out the procedures for
resolving a complaint by conciliation.
(2) The Registrar of Marriage Celebrants must attempt to
resolve the complaint in a way that is most agreeable to the complainant and
the marriage celebrant, including (but not limited to) the following:
(a) the marriage celebrant giving an apology;
(b) the marriage celebrant giving an undertaking
in relation to his or her future conduct;
(c) the complainant withdrawing the complaint.
(3) If the complaint is resolved by conciliation, the
Registrar must, as soon as practicable, give to the complainant and the
marriage celebrant a written summary of the resolution of the complaint.
(4) The resolution of a complaint by conciliation is
taken not to be consideration of the complaint for the purposes of paragraph 39I (1) (d)
of the Act.
Note Section 39I of the Act permits the
Registrar to take specified disciplinary measures against a marriage celebrant
in certain circumstances. The effect of subregulation (4) is that the
Registrar may not take a disciplinary measure against the marriage celebrant on
the basis of having resolved a complaint about a marriage celebrant by
conciliation under this regulation. However, the record of the resolution of
the complaint by conciliation will be kept on the marriage celebrant’s file for
other purposes under the Act (see, for example, section 39H of the Act relating
to performance review).
(5) If, after attempting to resolve the complaint under
subregulation (2), the Registrar decides that the complaint is unlikely to
be resolved by conciliation, the Registrar must, as soon as practicable after
making the decision:
(a) notify the complainant and the marriage
celebrant, in writing, that the complaint is to be resolved by determination
under regulation 37W; and
(b) resolve the complaint by determination under
that regulation.
37W Resolution
by determination
(1) This regulation sets out the procedures for
resolving a complaint by determination.
(2) As soon as practicable after deciding to resolve a
complaint by determination, the Registrar of Marriage Celebrants must determine
whether the complaint is well-founded.
(3) In determining whether a complaint is well-founded, the
Registrar must take into account:
(a) the original complaint, and any additional
material in support of the complaint, given by the complainant; and
(b) any response, and any additional material in
support of the response, given by the marriage celebrant.
Note For notification of the
determination, see regulation 37Y.
37X Procedure
to be followed if complaint well‑founded
(1) If the Registrar of Marriage Celebrants determines
that a complaint is well‑founded, the Registrar must decide:
(a) whether it is appropriate to take a disciplinary
measure against the marriage celebrant under section 39I of the Act; and
(b) whether it is appropriate to take any other action
in relation to the complaint (such as a request or recommendation to the
marriage celebrant to offer redress to the complainant).
(2) In deciding whether it is appropriate to take a disciplinary
measure against the marriage celebrant, or any other action in relation to the
complaint, the Registrar may take into account any information held, in
writing, by the Registrar in relation to the marriage celebrant that the
Registrar considers is relevant.
(3) For paragraph (1) (a), if it appears to
the Registrar that it is appropriate to take a disciplinary measure against the
marriage celebrant, the Registrar must, as soon as practicable, give to the
marriage celebrant:
(a) a written notice stating:
(i) the disciplinary measures that the
Registrar may take against the marriage celebrant under subsection 39I (2)
of the Act; and
(ii) the disciplinary measure that the
Registrar proposes to take against the marriage celebrant, and the date (being
a date that is at least 21 days after the date of the notice) when the proposed
disciplinary measure is to come into effect; and
(iii) the marriage celebrant’s right
under subregulation (4) to make a submission, for consideration by the Registrar,
about the appropriateness of the disciplinary measure proposed by the Registrar;
and
(b) a copy of any information mentioned in
subregulation (2).
(4) The marriage celebrant may, within 21 days
after the date of the notice given under paragraph (3) (a), or a
longer period agreed to by the Registrar within those 21 days, make a written submission
to the Registrar about the appropriateness of the disciplinary measure proposed
by the Registrar.
(5) As soon as practicable after receiving a submission
from the marriage celebrant under subregulation (4), the Registrar must
consider the submission and decide whether it is appropriate to take the
proposed disciplinary measure or another disciplinary measure.
37Y Notice
of determination
(1) If the Registrar of Marriage Celebrants determines
under regulation 37W that a complaint is not well‑founded, the
Registrar must, as soon as practicable after making the determination, give to
the complainant and the marriage celebrant a written notice, signed and dated
by the Registrar, stating the determination and the reasons for making it.
(2) If the Registrar determines under
regulation 37W that a complaint is well‑founded, the Registrar must,
as soon as practicable after making the decisions under paragraphs
37X (1) (a) and (b) in relation to the complaint, give to the
complainant and the marriage celebrant a written notice, signed and dated by
the Registrar, stating:
(a) the determination and the reasons for making
it; and
(b) whether the Registrar has decided to take any
disciplinary measure under paragraph 37X (1) (a) and, if so,
what measure is to be taken; and
(c) whether the Registrar has decided to take
any action under paragraph 37X (1) (b) and, if so, what action
is to be taken.
Note If the Registrar decides to take a disciplinary
measure against the marriage celebrant:
(a) the Registrar must also give to the marriage celebrant
written notice, under paragraph 39I (4) (a) of the Act, of the
decision, the reasons for it, the disciplinary measure that is to be taken, and
the marriage celebrant’s right, under section 39J of the Act, to apply for
review of the decision; and
(b) the Registrar may, under paragraph 39I (4) (b)
of the Act, inform the community, in any way the Registrar thinks appropriate,
including by electronic means, that the disciplinary measure is to be taken against
the marriage celebrant.
37Z Records
(Act s 39K)
For paragraph 39K (b) of the Act, the
Registrar of Marriage Celebrants must keep a copy of the following documents in
relation to any complaint about the marriage celebrant dealt with by the
Registrar under this Subdivision:
(a) the original complaint;
(b) the notice given to the complainant under
subregulation 37T (3) stating the outcome of the preliminary assessment;
(c) any other notice and document in relation to
the complaint given to the complainant by the Registrar;
(d) any other document in relation to the
complaint given to the Registrar by the complainant;
(e) any notice and document in relation to the
complaint given to the marriage celebrant by the Registrar;
(f) any document in relation to the complaint given
to the Registrar by the marriage celebrant;
(g) if the complaint was resolved by
conciliation — the summary of the resolution of the complaint;
(h) if the complaint was resolved by
determination — the notice given to the complainant and the marriage
celebrant under regulation 37Y;
(i) if, in relation to a complaint mentioned in
paragraph (h), the Registrar decided that it was appropriate to take a
disciplinary measure against the marriage celebrant:
(i) the notice given to the marriage
celebrant under paragraph 37X (3) (a); and
(ii) any information given to the
marriage celebrant under paragraph 37X (3) (b); and
(iii) any submission made by the
marriage celebrant under subregulation 37X (4); and
(iv) the notice given to the marriage
celebrant under paragraph 39I (4) (a) of the Act.
Division 2 Marriages
by authorized celebrants
38 Notice
and other documents required for intended marriage (Act s 42)
(1) For subsection 42 (2) of the Act, a notice
of intended marriage must be in accordance with Form 13.
(2) An authorized celebrant to whom a notice of intended
marriage is given must endorse on the notice the date when it was received.
(3) An authorized
celebrant who solemnizes a marriage must endorse on the notice of intended
marriage the following information:
(a) the date when, and the place where, the
marriage was solemnized;
(b) the kind of document, in respect of each
party to the marriage, that was given to the authorized celebrant as required
by paragraph 42 (1) (b) of the Act;
(c) if a party to the marriage was a
minor — that a consent under paragraph 13 (1) (a) of the
Act, or a dispensation of consent under paragraph 13 (1) (b) of
the Act, was given to the authorized celebrant;
(d) if a party to the marriage was previously
married — that evidence of the dissolution or annulment of the previous
marriage, or of the death of the party’s previous spouse, was given to the
authorized celebrant;
(e) if the notice was received later than 1
month before the date of the marriage — that an authority to solemnize the
marriage, given by a prescribed authority under subsection 42 (5) of
the Act, was given to the authorized celebrant.
Penalty: 1 penalty
unit.
38A Requirements
for declaration before authorized celebrant (Act s 42)
For
subparagraph 42 (1) (c) (iii) of the Act, a declaration
must:
(a) be in accordance with Form 14; and
(b) state:
(i) that the party making the
declaration has turned 18 years; or
(ii) if the party has not turned 18
years — the party’s date of birth, and that an order has been made under
section 12 of the Act in relation to the party.
39 Notice
of intended marriage received later than required time — circumstances in
which marriage may be solemnized (Act s 42 (5))
For subsection 42 (5) of the Act, the
circumstances mentioned in Schedule 1B are prescribed.
39A Document
relating to marriage, premarital education and counselling
For the purposes of subsection 42 (5A) of the Act,
the prescribed form is Form 14A.
40 Certificate
of marriage for marriage solemnised in Australia
(Act s 50 (1))
(1) For paragraph 50 (1) (a) of the Act, Form
15 is prescribed for a certificate of marriage.
(2) A certificate of marriage for a marriage solemnised
on or after 1 September 2005 is not in the prescribed form unless:
(a) the wording of the certificate is in strict
compliance with Form 15; and
(b) it is set out on a document:
(i) prepared and supplied, as an
incomplete certificate, by a person authorised by the Minister; and
(ii) accountable, as a unique document,
by the application of measures to the satisfaction of the Minister.
(3) The Minister must ensure that, at any time, no more
than 1 person is authorised for the purposes of subparagraph
(2) (b) (i).
(4) An authorised celebrant must:
(a) keep the following records, in a form
acceptable to the Minister, for each document mentioned in
paragraph (2) (b) that is supplied to the celebrant:
(i) any serial number printed on the
document by the supplier;
(ii) if the document is used by the
celebrant in relation to a marriage — the date of, and names of the
parties to, the marriage;
(iii) if the document is transferred to
another authorised celebrant — the date of transfer and the name and
authorisation number of the celebrant;
(iv) if the document is destroyed —
the date of, and reason for, its destruction;
(v) if an event not mentioned in
subparagraph (ii), (iii) or (iv) occurs in relation to the document — the
details of that event; and
(b) on receiving a written request from the
Minister, provide a copy of the records in relation to a particular document:
(i) to the person specified in the
request; and
(ii) within the period specified in the
request.
Penalty: 2 penalty
units.
(5) An offence against subregulation (4) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(6) For paragraph 50 (1) (b) of the Act, Form
16 is prescribed for an official certificate of marriage.
41 Appropriate
registering authorities
For paragraph 50 (4) (a) of the Act,
the appropriate registering authority of a State or Territory is the
registering authority mentioned in column 3 of the item in Schedule 2 relating
to that State or Territory.
42 Disposal
of the retained official certificate of a marriage
(1) An authorized celebrant who is a minister of
religion registered under Division 1 of Part IV of the Act on the nomination of
or in respect of a recognized denomination shall incorporate the retained
official certificate of a marriage solemnized by him or her:
(a) if the marriage was solemnized in a church
of that denomination that is in a parish or other district in charge of a
minister of religion of that denomination — with the records of that
parish or other district;
(b) if the marriage was solemnized in a church of
that denomination other than a church referred to in the last preceding
paragraph — with the records of that church; or
(c) in any other case — with the records of
the denomination according to the rites of which the marriage was solemnized.
(2) If an authorized celebrant under subsection
39 (1) of the Act solemnizes a marriage, he or she must:
(a) if a law of the State or Territory in which
the marriage is solemnized requires the celebrant to do anything for the
purpose of binding the retained official certificate of the marriage into a
register or for the disposal of the retained official certificate in some other
manner — deal with the retained official certificate as required by that
law; or
(b) in any other case — after 3 months
after the date of solemnization of the marriage:
(i) send the retained official
certificate of the marriage to the appropriate registering authority of the
State or Territory where the marriage was solemnized; or
(ii) dispose of that certificate in the
manner authorized by the appropriate registering authority.
(3) If an authorized celebrant under subsection
39 (2) of the Act solemnizes a marriage, he or she may destroy the
retained official certificate of the marriage at any time after 6 years after
the date of solemnization of the marriage.
(4) For
subregulation (2), the appropriate registering authority of a State or
Territory is the registering authority mentioned in column 3 of the item in
Schedule 2 relating to that State or Territory.
42A Disposal
of the retained official certificate of marriage
(1) For subsection 50 (1A) of the Act, an
authorized celebrant holding, or acting in, an office of a State or Territory
mentioned in an item in Schedule 3 is required to prepare only 1 official
certificate under paragraph 50 (1) (b) of the Act.
(2) If the authorized celebrant:
(a) is an authorized celebrant under subsection
39 (1) of the Act; and
(b) solemnizes a marriage; and
(c) is required by a law of the State or
Territory where the marriage is solemnized to do anything for the purpose of
binding the retained official certificate of the marriage into a register or
for the disposal of the retained official certificate in some other manner;
he or she must deal with the retained official certificate as
required by that law.
(3) If the authorized celebrant:
(a) is an authorized celebrant under subsection
39 (2) of the Act; and
(b) solemnizes a marriage;
he or she must send to the appropriate registering authority of the
State or Territory where the marriage is solemnized the official marriage
certificate prepared by him or her, or deal with the certificate as directed by
the registering authority.
(4) For subregulation (3), the appropriate
registering authority of a State or Territory is the registering authority
mentioned in column 3 of the item in Schedule 2 relating to that State or
Territory.
43 Lost
official certificates of marriage
(1) Where the official certificate of a marriage is not
received by the registering authority to whom it was forwarded by the celebrant
who solemnized the marriage, or is lost or destroyed after having been received
by that registering authority, the registering authority may, by notice in
writing to the celebrant, or to another person whom the registering authority
believes to have the custody of, or control over, the retained official
certificate of the marriage, require him or her to:
(a) prepare a copy of the retained official
certificate of the marriage;
(b) certify, in writing, that the copy is a true
copy of that retained official certificate; and
(c) forward that copy to that registering
authority.
(2) A celebrant or other person who receives a notice
under the last preceding subregulation in relation to a marriage shall:
(a) if he or she has the custody of, or control
over, the retained official certificate of the marriage — comply with the
notice; or
(b) in any other case — notify the
registering authority who gave the notice that the retained official
certificate of the marriage is not in his or her custody or under his or her
control, and if, after making reasonable inquiries, he or she is able to do so,
give the registering authority the name and address of the person who has
custody of the retained official certificate.
Penalty: 2 penalty units.
(3) A copy of the retained official certificate of a
marriage prepared and certified in accordance with this regulation has the same
force and effect as if it were an official certificate of the marriage prepared
and signed in accordance with section 50 of the Act and as if it were the
official certificate of the marriage referred to in subsection (3) of that
section.
(4) An offence against subregulation (2) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
Part IV Solemnization of marriages of members of the Defence Force
overseas
46 Requirements
for declaration before chaplain (Act s 74)
For paragraph 74 (1) (c) of the Act, a
declaration must:
(a) be in accordance with Form 14; and
(b) state:
(i) that the party making the
declaration has turned 18 years; or
(ii) if the party has not turned 18
years — the party’s date of birth, and that an order has been made under
section 12 of the Act.
47 Certificate
of marriage for marriage solemnised overseas (Act s 80 (1))
(1) For paragraph 80 (1) (a) of the Act, Form
15 is prescribed for a certificate of marriage.
(2) A certificate of marriage for a marriage solemnised
on or after 1 September 2005 is not in the prescribed form unless:
(a) the wording of the certificate is in strict
compliance with Form 15; and
(b) it is set out on a document:
(i) prepared and supplied, as an
incomplete certificate, by a person authorised by the Minister; and
(ii) accountable, as a unique document,
by the application of measures to the satisfaction of the Minister.
(3) The Minister must ensure that, at any time, no more
than 1 person is authorised for the purposes of subparagraph
(2) (b) (i).
(4) A chaplain must:
(a) keep the following records, in a form
acceptable to the Minister, for each document mentioned in paragraph (2) (b)
and supplied to the chaplain:
(i) any serial number printed on the
document by the supplier;
(ii) if the document is used by the
celebrant in relation to a marriage — the date of, and names of the
parties to, the marriage;
(iii) if the document is transferred to
another authorised celebrant — the date of transfer and the name and
authorisation number of the celebrant;
(iv) if the document is destroyed —
the date of, and reason for, its destruction;
(v) if an event not mentioned in subparagraph
(ii), (iii) or (iv) occurs in relation to the document — the details of
that event; and
(b) on receiving a written request from the
Minister, provide a copy of the records in relation to a particular document:
(i) to the person specified in the request;
and
(ii) within the period specified in the
request.
Penalty: 2 penalty
units.
(5) An offence against subregulation (4) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(6) For paragraph 80 (1) (b) of the Act, Form
16 is prescribed for an official certificate of marriage.
48 Disposal
of copy of certificate of marriage
(1) For the purposes of paragraph (c) of subsection (4)
of section 80 of the Act, the prescribed period is three months.
(2) For paragraph 80 (4) (c) of the Act, a
chaplain who solemnizes a marriage to which this Part applies must send the
other official certificate of the marriage:
(a) if he or she is a member of the Navy —
to the headquarters in Australia of the Navy; and
(b) if he or she is a member of the Army —
to the headquarters in Australia of the Army; and
(c) if he or she is a member of the Air
Force — to the headquarters in Australia of the Air Force.
49 Form
of annual return of marriages solemnized
For the purposes of subsection (8) of section 80 of
the Act, particulars of a marriage or of marriages solemnized by a chaplain
shall be in accordance with Form 19.
50 Certificate
of overseas marriage attended by chaplain
A certificate under subsection (1) of section 84 of
the Act shall be in accordance with Form 20.
51 Prescribed
overseas countries
For the purpose of paragraph (a) of subsection (1)
of section 85 of the Act:
(a) a country the territory of which constitutes
or forms part of a Country specified in Schedule 4 is a prescribed overseas
country; and
(b) so much of the territory that constitutes or
forms part of the French Republic as forms part of the Continent of Europe is a
prescribed overseas country.
Part V Legitimation
Division 1 Preliminary
52 Interpretation
(1) In this Part, unless the contrary intention appears:
Australian consulate has the same meaning as
in the Australian Citizenship Act 1948.
legitimacy order means an order under section
92 of the Act.
official record means:
(a) in relation to a birth — a copy or
photographic representation of an entry of the birth in an official register of
births, being a true copy or representation certified as a true copy or
photographic representation by a person having the custody of the register
containing the entry of which it purports to be a true copy or photographic
representation; or
(b) in relation to a marriage:
(i) an original certificate or record
of the marriage; or
(ii) a copy or photographic
representation of an original certificate or record of the marriage or of an
entry of the marriage in an official register of marriages, being a true copy
or representation certified as a true copy or photographic representation by a
person having the custody of the certificate or record, or of the register
containing the entry, of which it purports to be a true copy or photographic
representation.
Register of Births Abroad means the Register
of Births Abroad kept at an Australian consulate under the Australian
Citizenship Act 1948.
the appropriate registering authority means:
(a) in relation to the legitimation of a person
whose birth is registered in a register of births kept under a law of a State
or Territory — the registering authority in that State or Territory;
(b) in relation to the legitimation of a person
who was born in a State or Territory but whose birth is not registered in a
register of births kept under a law of a State or Territory — the
registering authority in the State or Territory in which the person was born;
or
(c) in relation to the legitimation of a person
whose birth is not registered in a register of births kept under a law of a
State or Territory but is registered in a Register of Births Abroad — the
officer of the Department of Immigration and Ethnic Affairs keeping the Register
of Births Abroad at the office of the Department of Immigration and Ethnic
Affairs at Canberra in the Australian Capital Territory.
the commencing date means the date fixed by
Proclamation under subsection (2) of section 2 of the Act.
(2) In this Part, references to a legitimated child
shall, unless the contrary intention appears, be read as including references
to a child born before the commencing date as well as to a child born on or
after that date, and to a child not living at the time of the marriage of his
parents or, in the case of a child born before the commencing date, on that
date.
53 Official
records of births or marriages
(1) A requirement in this Part that a person produce or
furnish to a person an official record of a birth or marriage shall be read as
a requirement that the person produce or furnish either an official record of
the birth or marriage written in the English language or an official record of
the birth or marriage written in a language other than the English language together
with a translation, in the English language, of the official record, being a
translation having written on it a declaration signed by the person who made
the translation declaring that the translation is a translation of the official
record of which it purports to be a translation and that he is competent to
make a translation of that official record.
(2) A person must not intentionally make a false
statement in a declaration made for subregulation (1).
Penalty: 2 penalty units.
54 Registering
authorities
In this Part, the registering authority in a State
or Territory is the registering authority mentioned in column 3 of the item in
Schedule 2 relating to the State or Territory.
55 Penalty
for giving false information
A person shall not furnish to a registering
authority in relation to the legitimation of a person any information that is,
to the knowledge of the person, false or misleading in a material particular.
Penalty: Two hundred dollars.
Division 2 Information
to permit the re‑registration of the births of legitimated children,
other than children of void marriages
56 Interpretation
In this Division, unless the contrary intention
appears, legitimated child means a person:
(a) who was born in Australia or, if he was not
born in Australia, whose birth is registered in a register of births kept under
a law of a State or Territory or in a Register of Births Abroad;
(b) whose parents were not married to each other
at the time of his birth but have subsequently married each other, whether before,
on or after the commencing date; and
(c) who, under section 89 or 90 of the Act, is
the legitimate child of his parents by virtue of the marriage;
but does not include a child who had, before the commencing date,
been registered as the legitimate child of his parents under a law of the State
or Territory in which his birth is registered, being a law relating to the
legitimation of children born illegitimate whose parents marry each other after
the birth.
57 When
parents to furnish information concerning legitimation
(1) The parents of a legitimated child shall each, or,
if one of the parents is dead, the surviving parent shall, furnish information,
in accordance with Form 21, with respect to the legitimation of the child to
the appropriate registering authority.
(3) Where, but for this subregulation, the father and
the mother of a legitimated child whose birth is registered in a register of
births kept under a law of a State or Territory would each be required by this
regulation to furnish information with respect to the legitimation of the
child, the furnishing of information with respect to the legitimation by the
father or the mother shall be deemed to be compliance with this regulation by
the father and the mother if:
(a) the father of the child has acknowledged, in
accordance with a law of that State or Territory relating to the registration
of births, that he is the father of the child;
(b) a certified copy of an affiliation order that
was made by a court of competent jurisdiction and adjudges a person to be the
natural father of the legitimated child has been produced to the appropriate
registering authority;
(c) a certified copy of a legitimacy order that
relates to the child has been produced to the appropriate registering
authority;
(d) a certificate under the hand of the
superintendent of an institution where persons may be confined for unsoundness
of mind according to law, being a certificate certifying that the other parent
of the child is, at the date of the certificate, of unsound mind and confined
in that institution, has been furnished to the appropriate registering
authority; or
(e) the parent furnishing the information with
respect to the legitimation of the child has, by instrument under his hand
furnished to the appropriate registering authority, declared that the
whereabouts of the other parent of the child are unknown to him and set out in
that instrument particulars of the circumstances in which the other parent
disappeared and the inquiries made to ascertain the whereabouts of the other
parent.
(4) An instrument furnished to the appropriate
registering authority for the purpose of paragraph (e) of the last preceding
subregulation is of no force or effect for that purpose unless such inquiries
have been made as it would, in all the circumstances of the case, have been
reasonable to make in order to ascertain the whereabouts of the parent whose
whereabouts are unknown.
(5) For the purpose of paragraph (b) of subregulation
(3) of this regulation, an order made by a court shall be deemed to be an
affiliation order that adjudges a person to be the natural father of a
legitimated child:
(a) if the order was made in such circumstances
that the court was not entitled to make the order unless it found as a fact
that the person was the natural father of the child; or
(b) if the order was made at any time within six
months before the birth of the child and in such circumstances that the court
was not entitled to make the order unless it found as a fact that the child’s
mother was at that time with child by the person;
whether or not it also expressly adjudges the person to be the
father of the child.
58 Information
to be furnished concerning legitimation
(1) The information to be furnished to a registering
authority with respect to a legitimation in accordance with the last preceding
regulation is such of the information indicated in Form 21 as is applicable in
the circumstances of the particular case and is within the knowledge of the
person required to furnish the information or is ascertainable with accuracy by
that person by making reasonable inquiries.
(2) A parent of a legitimated child who furnishes
information with respect to the legitimation to a registering authority shall
produce, for inspection by the registering authority, an official record of the
marriage of the parents of the child, unless the other parent of the child has
produced such an official record for inspection by the registering authority or
unless he furnishes to the registering authority a statement under his hand
stating that, for reasons specified in the statement, it is impracticable to
obtain such an official record.
59 Applicant
who obtains order under section 92 to furnish particulars of the order
(1) Where a legitimacy order has been made declaring
that a person who is a legitimated child for the purposes of this Division:
(a) is the legitimate child of his parents; or
(b) is or was a legitimated person;
the applicant shall furnish information with respect to the order
to the appropriate registering authority.
(2) The information referred to in the last preceding
subregulation shall be furnished:
(a) if an appeal against the legitimacy order is
instituted — within three months after the appeal is finally disposed of;
or
(b) in any other case — within three months
after the expiration of the time limited for appealing against the legitimacy
order.
(3) For the purposes of the last preceding
subregulation, the date on which an appeal shall be taken to be finally
disposed of is the earliest date by which the appeal (including any further
appeal) has been determined and any time for further appealing has expired.
(4) The information that is to be furnished with respect
to a legitimacy order is:
(a) the date on which the order was made;
(b) the court by which the order was made;
(c) whether an appeal against the order was
instituted and, if such an appeal was instituted, the result of the appeal; and
(d) such of the information indicated on Form 21
as is applicable in the circumstances of the particular case and is within the
knowledge of the applicant or is ascertainable with accuracy by the applicant
by making reasonable inquiries.
(5) An applicant who furnishes information with respect
to a legitimacy order to a registering authority shall produce the order or a
certified copy of the order for inspection by the registering authority.
60 Registering
authorities may give notice requiring the furnishing of information
(1) Subject to the next succeeding subregulation, a
registering authority may, by notice in writing to a person, require him to
furnish to the registering authority, within fourteen days after receipt of the
notice or within such extended period as the registering authority allows, a
statement of such information specified in the notice, being information of a
kind indicated in Form 21 relating to the legitimation of the child other than
information with respect to the paternity of the child, as is within the
knowledge of that person or is ascertainable with accuracy by that person by
making reasonable inquiries.
(2) A person shall not be required by the registering
authority in a State or Territory to furnish information under the last
preceding subregulation unless the information relates to the legitimation of a
child:
(a) whose birth is registered in that State or
Territory or is required to be so registered by a law of that State or
Territory;
(b) who was born illegitimate; and
(c) whom the registering authority believes to
be a legitimated child.
(3) A statement furnished in pursuance of a notice under
subregulation (1) of this regulation shall be in such form as the registering
authority directs in the notice.
(4) A person who furnishes a statement in pursuance of a
notice under subregulation (1) of this regulation shall certify in writing at
the foot of the statement as to the correctness of the information included in
the statement.
(5) A person who is given a notice under
subregulation (1) must comply with it.
Penalty: 2 penalty units.
(6) An offence against subregulation (5) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
Division 3 Information
to permit the re‑registration of the births of legitimated children of
void marriages
61 Interpretation
In this Division, unless the contrary intention
appears, legitimated child means a person:
(a) who was born in Australia, or who was not
born in Australia but whose birth is registered in a register of births kept
under a law of a State or Territory or in a Register of Births Abroad;
(b) who is the child of a void marriage; and
(c) who is the legitimate child of his parents
by virtue of section 91 of the Act;
but does not include a child whose birth is registered in such a
register as if he was, at the time of his birth, the legitimate child of his
parents.
62 Parent
of legitimated child to furnish information concerning legitimation
(1) A parent of a legitimated child:
(a) who believed, at the time of the intercourse
that resulted in the birth of the child or at the time when the ceremony of
marriage to the other parent of the child took place, whichever was the later,
that the marriage was valid; and
(b) who subsequently learned, whether before, on
or after the commencing date, that the marriage was void;
shall furnish, in accordance with Form 21, information with respect
to the legitimation of the child to the appropriate registering authority.
(2) The information to be furnished to a registering
authority with respect to a legitimation in accordance with the last preceding
subregulation is such of the information indicated in Form 21 as is applicable
in the circumstances of the particular case and is within the knowledge of the
parent furnishing the information or is ascertainable with accuracy by that
parent by making reasonable inquiries.
(3) A parent of a legitimated child who furnishes
information with respect to the legitimation of the child to a registering
authority in a State or Territory shall, unless he furnishes to the registering
authority a statement under his hand stating that, for reasons specified in the
statement it is impracticable to obtain it, produce, for inspection by the
registering authority:
(a) if the marriage of the parents of the child
did not take place in that State or Territory — an official record of the
marriage;
(b) if that marriage has been annulled, whether
in Australia or elsewhere, by the order of a court — a certified copy of
that order; or
(c) if a parent of the child has been convicted,
whether in Australia or elsewhere, of the crime or offence of bigamy in
connexion with that marriage — a certificate of the conviction specifying
the date of the conviction, being a certificate purporting to be signed by the
registrar or other appropriate officer of the court by which he was convicted.
63 Application
of certain regulations
Regulations 59 and 60 of these Regulations apply to
and in relation to a person who is a legitimated child for the purposes of this
Division as if:
(a) references to a legitimated child were
references to a legitimated child within the meaning of this Division; and
(b) references to Division 2 of this Part were
references to this Division.
63A Parent
of child registered as legitimate may furnish information concerning belief of
validity of marriage
(1) Where the birth of the child of a marriage that is
void is registered in a register of births kept under the law of a State or
Territory or in a Register of Births Abroad as if the child was, at the time of
his birth, the legitimate child of his parents, a parent of the child:
(a) who believed at the time of the intercourse
that resulted in the birth of the child or at the time when the ceremony of
marriage to the other parent of the child took place, whichever was the later,
that the marriage was valid; and
(b) who subsequently learned, whether before, on
or after the commencing date, that the marriage was void;
may furnish, in accordance with Form 21, information with respect
to the legitimation of the child to the appropriate registering authority.
(2) Subregulations (2) and (3) of regulation 62 of these
Regulations apply to and in relation to information that may be furnished under
the last preceding subregulation as if references to a legitimated child were
references to a child referred to in the last preceding subregulation.
(3) Regulation 59 of these Regulations applies to and in
relation to a child referred to in subregulation (1) of this regulation as if
the reference to a legitimated child for the purposes of Division 2 of
this Part were a reference to a child so referred to.
(4) Regulation 60 of these Regulations applies to and in
relation to a child referred to in subregulation (1) of this regulation as if
the reference to a legitimated child were a reference to a child so referred
to.
Division 4 Registration
of other legitimations in the Register of Foreign Legitimations
64 Interpretation
In this Division:
application means an application under
subregulation (1) of regulation 68 of these Regulations.
legitimated child means:
(a) a person:
(i) who was not born in Australia and
whose birth is not registered in a register of births kept under a law of a
State or Territory or in a Register of Births Abroad;
(ii) whose parents were not married to
each other at the time of his birth but have subsequently married each other,
whether before, on or after the commencing date; and
(iii) who, under section 89 or 90 of
the Act, is the legitimate child of his parents by virtue of the marriage; or
(b) a person:
(i) who was not born in Australia and
whose birth is not registered in a register of births kept under a law of a
State or Territory or in a Register of Births Abroad;
(ii) who is the child of a void
marriage; and
(iii) who is the legitimate child of
his parents by virtue of section 91 of the Act.
the Ordinance means the Registration of
Births, Deaths and Marriages Ordinance 1963 of the Australian Capital Territory.
the Registrar means the person holding the
office of Registrar of Births, Deaths and Marriages under the Ordinance.
the register means the Register of Foreign
Legitimations kept in pursuance of regulation 67 of these Regulations.
65 Powers
of acting registrar, deputy registrar etc
(1) A person appointed under subsection (3) of section 6
of the Ordinance to act in the office of Registrar of Births, Deaths and
Marriages under the Ordinance has all the powers, and shall perform all the
functions, of the Registrar under this Division during any vacancy in the
office, or in the event of any illness or absence, of the Registrar.
(2) The person holding the office of Deputy Registrar of
Births, Deaths and Marriages under the Ordinance may, subject to any directions
of the Registrar, exercise any power or perform any function of the Registrar
under this Division.
(3) A person appointed under subsection (3) of section 6
of the Ordinance to act in the office of Deputy Registrar of Births, Deaths and
Marriages under the Ordinance may, subject to any directions of the Registrar,
exercise any power or perform any function of the Registrar under this Division
during any vacancy in the office, or in the event of any illness or absence, of
the Deputy Registrar of Births, Deaths and Marriages under the Ordinance.
(4) The Registrar may, either generally or in relation
to a matter or class of matters, by writing under his hand, delegate to an
Assistant Registrar of Births, Deaths and Marriages under the Ordinance all or
any of his powers or functions under this Division (except this power of
delegation).
(5) A power or function so delegated may be exercised or
performed by the delegate in accordance with the instrument of delegation.
(6) A delegation under subregulation (4) of this
regulation is revocable at will and does not prevent the exercise of a power or
the performance of a function by the Registrar or by the Deputy Registrar of
Births, Deaths and Marriages.
66 Stamps
and signatures
(1) The Registrar shall sign, and stamp or cause to be
stamped with the stamp referred to in subsection (1) of section 49 of the
Ordinance, every registration of a legitimation made by him in the register and
every certificate issued by him under this Division.
(2) Instead of signing his name on a document (including
the register and an entry in the register) or on a certificate issued under
this Division, the Registrar may stamp the document or certificate, or cause
the document or certificate to be stamped, with the stamp referred to in
subsection (3) of section 49 of the Ordinance, and the document or certificate
shall then be deemed to have been signed by the Registrar.
(3) All courts and all persons acting judicially shall
take judicial notice of the mark of a stamp referred to in this regulation
affixed on a document or certificate and, in the absence of proof to the
contrary, shall presume that it was affixed by proper authority.
67 Register
of Foreign Legitimations
(1) The Registrar shall keep a register, to be called
the Register of Foreign Legitimations, in such form as the Attorney-General
directs.
(2) The Registrar shall register in the register all
legitimations which by this Division he is required to register.
(3) The Registrar shall keep an index of the entries in
the register.
68 Registration
of legitimations in the Register of Foreign Legitimations
(1) Application to register the legitimation of a
legitimated child in the register may be made to the Registrar:
(a) if the person is or was a child referred to
in paragraph (a) of the definition of legitimated child in
regulation 64 of these Regulations:
(i) by the parents of the legitimated
child;
(ii) by the surviving parent of the
legitimated child; or
(iii) by a person who has obtained a
legitimacy order relating to the child; or
(b) if the child is a person referred to in
paragraph (b) of that definition:
(i) by a parent of the child who
believed, at the time of the intercourse that resulted in the birth of the
child or at the time when the ceremony of marriage to the other parent of the
child took place, which ever was the later, that the marriage was valid and who
subsequently learned, whether before, on or after the commencing date, that the
marriage was void; or
(ii) by a person who has obtained a
legitimacy order relating to the child.
(2) Subject to this regulation, an application shall be
deemed not to have been duly made to the Registrar unless:
(a) it is in accordance with Form 22 and
contains such of the information indicated in that Form as is applicable in the
circumstances of the particular case; and
(b) the applicant furnishes to the Registrar:
(i) an official record of birth in
respect of the birth of the child;
(ii) an official record of marriage in
respect of the marriage of the parents of the child; and
(iii) if the applicant is the person
who has obtained a legitimacy order relating to the legitimated child — a
certified copy of that order.
(3) Where it is impracticable for an applicant to obtain
an official record of birth in respect of the birth of the child or an official
record of marriage in respect of the marriage of the parents of the child, the
applicant shall furnish to the Registrar a statement under his hand stating
that, for reasons specified in the statement, it is impracticable to obtain
such an official record.
(4) Where application is duly made to the Registrar to
register the legitimation of a legitimated child in the register, the Registrar
shall, subject to the next succeeding subregulation, if he has no reason to
believe that the child is not such a legitimated child or that any of the
information furnished to him in the application is not true and correct,
register the legitimation in the register.
(5) The Registrar may make such inquiries (if any) as he
thinks fit with a view to ascertaining whether the child to whom an application
relates is a legitimated child within the meaning of this Division and the
information contained in the application is correct.
(6) Registration of the legitimation of a legitimated
child shall be effected by entering in the register the particulars of the
legitimation, the legitimated child and the parents of the legitimated child
indicated in the register.
69 Correction
of errors in the register
(1) Where the Registrar is satisfied that the register
contains an error or mis-statement in, or an omission from, any particulars
entered in it, he may correct the register by causing the true particulars, or
the particulars omitted from the register, as the case may be, to be entered in
the register containing the entry of legitimation to which the last-mentioned
particulars relate.
(2) Where the Registrar causes particulars to be entered
in the register under the last preceding subregulation, he shall sign his name
immediately under the particulars and write the date on which those particulars
were so entered.
70 Searches
and copies
(1) A person may make application in writing to the
Registrar to cause a search to be made in the index kept under this Division
and in the register and to have issued to him a certificate in respect of a
registration in the register.
(2) An application under the last preceding
subregulation shall be deemed not to have been duly made unless it specifies:
(a) the particular entry which the person
desires to find or in respect of which he desires to have issued to him a
certificate; and
(b) the reason for which the search or
certificate is required.
(3) Subject to the next succeeding subregulation, the
Registrar shall, on receipt of an application under this regulation and of the
prescribed fee:
(a) search for the entry in the index and
register; and
(b) issue to the person making the application a
certificate with respect to the registration of the legitimation to which the
entry relates, in accordance with Form 23.
(4) Where the Registrar is of opinion that a search or
certificate is required for an improper reason or that the person requiring the
search or certificate has not a proper reason for requiring it, he may refuse
to make the search or to issue the certificate.
71 Evidence
(1) A certificate under the last preceding regulation in
respect of a registration in the register is, for all purposes in connexion
with which the legitimacy of the child is related, evidence that the child
specified in the certificate is the legitimate child of the parents specified
in the certificate, of the facts specified in the certificate and that the
registration in respect of the child was duly made.
(2) A document purporting to be a certificate under the
last preceding regulation and to have been duly signed and stamped with the
stamp of the Registrar shall, unless the contrary is proved, be deemed to be
such a certificate and to have been duly issued.
Part VA Recognition
of overseas marriages
71A Recognition
of marriage valid by United Kingdom law
Where:
(a) a marriage is or has been solemnized under
the provisions of the Foreign Marriage Acts, 1892 to 1947 of the United
Kingdom; and
(b) the marriage is not a marriage that is
recognized in Australia as a valid marriage by virtue of the provisions of the
Foreign Marriage Acts, 1892 to 1934 of the United Kingdom that are in force in
the Commonwealth as a law of the Commonwealth;
the marriage shall, if it is recognized in the United Kingdom as a
valid marriage, be recognized in Australia as a valid marriage.
71B Recognition
of marriage valid by New Zealand law
Where a marriage is or has been solemnized under
those provisions of the Marriage Act 1955 of New Zealand that relate to
marriages solemnized out of New Zealand, the marriage shall, if it is
recognized in New Zealand as a valid marriage, be recognized in Australia as a
valid marriage.
71C Recognition
of marriage valid by Indian law
Where a marriage is or has been solemnized under
those provisions of the Special Marriage Act, 1954 of India that relate to
marriages solemnized out of the territories to which that Act extends, the
marriage shall, if it is recognized in India as a valid marriage, be recognized
in Australia as a valid marriage.
Part VI Miscellaneous
72 Interpreter’s
certificate
For the purposes of subsection (3) of section 112
of the Act, a certificate by an interpreter shall be in accordance with Form 24.
73 Endorsement
in case of second marriage ceremony
An endorsement for the purposes of subsection (4)
of section 113 of the Act on a certificate issued in respect of a marriage
shall be in accordance with the following form and under the hand of the person
by whom or in whose presence the form or ceremony of marriage took place or was
performed in pursuance of subsection (2) of that section:
‘The form or ceremony of marriage between the above‑ mentioned
parties took place or was performed in pursuance of subsection 113 (2) of
the Marriage Act 1961, those parties having previously gone through a
form or ceremony of marriage with each other on [date of marriage] at [place
of marriage].
Dated 20 .
[Signature
of celebrant]’.
75 Return
of official books etc to registering authorities
(1) Where the Commonwealth has made available to a
person who is or has been an authorized celebrant any books, documents, forms
or other papers for use in connexion with the solemnization of marriages by the
person, a registering authority for a State or Territory may, by notice in
writing to the person, require him to return to that registering authority,
within fourteen days after receipt of the notice or within such extended period
as the registering authority allows, such of those books, documents, forms or
other papers as are specified in the notice and are in his possession.
(2) A person who is given a notice under
subregulation (1) must comply with it.
Penalty: 1 penalty unit.
(2A) An offence against subregulation (2) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3) In this regulation, registering authority,
in relation to a State or Territory, has the same meaning as in Part V of these
Regulations.
Schedule
1 Forms
Form 1 Application to dispense with a consent to the proposed
marriage of a minor
(regulation 10)
Commonwealth of Australia
Marriage Act 1961
APPLICATION TO DISPENSE WITH A
CONSENT TO THE PROPOSED MARRIAGE OF A MINOR
To:
I, (full name, address and
occupation of minor), who was born on the
day
of, 19 , apply to dispense with the consent of (full
name and address), who is my (capacity in which the person’s consent is
required to the proposed marriage) to my proposed marriage with (full
name, address and occupation), who was born on the
day
of, 19 .
2. No other person is required
to consent to my proposed marriage.
or
2. The consent of (full
name and address), who is my (capacity in which the person’s consent is
required to the proposed marriage), is also required to my proposed
marriage.
3. (If
consent to the proposed marriage has been given by or in place of another
person, state accordingly here.)
4. (If
the other party to the proposed marriage is also a minor, state accordingly
here, and also state whether or not consent to the proposed marriage of the
other party has been given by or in place of each person whose consent to that
marriage is required by the Act.)
Dated the day
of, 19 .
(Signature
of applicant)
Form 2 Dispensation with consent to marriage of minor
(regulation 11 (1))
Commonwealth of Australia
Marriage Act 1961
DISPENSATION WITH CONSENT TO
MARRIAGE OF MINOR
I, ,
a prescribed authority having authority under the Marriage Act 1961 to
dispense with the consents of persons in the case of marriages of minors
proposed to be solemnized in Australia (or in accordance with Division 2
of Part V of that Act or in accordance with Division 3 of Part V of that Act):
(a) am satisfied that it is impracticable (or
that it is impracticable without delay that would, in all the circumstances
of the case, be unreasonable) to ascertain the views of with
respect to the
marriage proposed to be solemnized between (a minor) and at *
(in accordance
with Division 2 of Part V of that Act or in accordance with Division 3 of Part
V of that Act);
(b) have no reason to believe that the said would
refuse his (or her) consent to the proposed marriage; and
(c) have no reason to believe that facts may
exist by reason of which it could reasonably be considered improper that the
consent should be dispensed with,
and I do hereby,
in pursuance of section 15 of that Act, dispense with the consent of the said to
the proposed marriage.
Dated the day of, 19 .
(Signature of
Prescribed Authority)
(Title of Prescribed
Authority)
*Leave out if inapplicable
Form 3 Notice of refusal to dispense with consent to marriage of
minor
(regulation 11 (2))
Commonwealth of Australia
Marriage Act 1961
NOTICE OF REFUSAL TO DISPENSE WITH
CONSENT TO MARRIAGE OF MINOR
Upon consideration of the
application made under section 15 of the Marriage Act 1961 by to
dispense with the consent of
to
the marriage proposed to be solemnized between
him (or her) and in
Australia (or in accordance with Division 2 of Part V of that Act
or in accordance with Division 3 of Part V of that Act), I , a
prescribed authority having authority under that Act to dispense with the
consents of persons in the case of marriages of minors proposed to be so
solemnized, hereby give notice that I have refused to dispense with
the consent of the said
to
the proposed marriage.
Dated the day of ,
19 .
(Signature of
Prescribed Authority)
(Title of Prescribed
Authority)
Form 4 Notice of
application to judge or magistrate for consent to marry
(regulation
12 (2))
Commonwealth of Australia
Marriage Act 1961
NOTICE OF APPLICATION TO JUDGE OR
MAGISTRATE FOR CONSENT TO MARRY
No. of
19 .
In the Matter of an
Application under
section 16 of the Marriage
Act 1961
by .
I, (full name, address and
occupation), who was born on the day
of , 19 ,
give notice that I intend to make application under section 16 of the Marriage
Act 1961 to a Judge or to a magistrate for the (State or Territory)
for his consent to my proposed marriage with (full
name, address and occupation),
who was born on the day of ,
19 , in place of the
consent of (full name and address), who is my
2. My said refused
to consent to my marriage.
or
2. An
application under section 15 of that Act to dispense with the
consent of my said was
refused by on the day of ,
19 .
3. No other person is required
to consent to my proposed marriage.
or
3. The
consent of (full name and address), who is my (capacity in which the
person’s consent is required to the proposed marriage), is also required to
my proposed marriage.
4. (If
consent to the proposed marriage has been given by or in place of another
person, state accordingly here.)
5. (If
the other party to the proposed marriage is also a minor, state accordingly
here, and also state whether or not consent to the proposed marriage of the
other party has been given by or in place of each person whose consent to that
marriage is required by the Act.)
6. (In
this and subsequent paragraphs, state any other particulars required by
regulation 12.)
*7. A
certificate signed by a marriage counsellor certifying that I have received
counselling from him in relation to my proposed marriage is annexed.
or
*7.
Counselling by a marriage counsellor is not reasonably available to me because
(state reason).
*I also
give notice that application is to be made, contingent on the Judge or
magistrate giving his consent to the proposed marriage in place
of the consent of the said ,
for the consent of the Judge or magistrate to the proposed marriage in place of
the consent of (full name).
Dated the day
of , 19 .
(Signature of
Applicant)
*Leave out if inapplicable
Form 5 Certificate by
marriage counsellor
(subregulation
12 (2))
Commonwealth of Australia
Marriage Act 1961
CERTIFICATE BY MARRIAGE COUNSELLOR
I, (full
name and address), a marriage counsellor within the meaning of the Family
Law Act 1975, hereby certify that (full name and
address) has, on the day
of 19 , received counselling from me in relation to
his (or her) proposed marriage with (full name and address).
Dated the day of 19 .
(Signature)
Form 5A Consent of judge or magistrate on application under
subsection 16 (1)
(subregulation 12 (7))
Commonwealth of Australia
Marriage Act 1961
CONSENT OF JUDGE OR MAGISTRATE ON
APPLICATION UNDER SUBSECTION 16 (1)
Upon holding an inquiry into
the relevant facts and circumstances concerning the application made by (full
name, address and occupation) under subsection 16 (1) of the Marriage
Act 1961 for my consent to his (or her) proposed marriage with (full
name and address) in place of the consent of (full name, address,
description and relationship to applicant) of the above-named (full name),
I, (full name), a person who holds office as a Judge or as a Magistrate
of the (if applicable, and in respect of whom an appropriate arrangement
under section 9 of that Act is applicable) am satisfied
* that the above-named (full name),
who refused to consent to the marriage, so refused unreasonably
* that, having proper regard for the
welfare of the above-named (full name), it would be unreasonable for me
to refuse my consent to the marriage
and I therefore
give my consent to the proposed marriage in place of the consent of the
above-named (full name).
*2. There has been produced
to me a certificate signed by a marriage counsellor certifying that the
applicant has received counselling from him (or her) in relation to the
proposed marriage.
*2. I am satisfied that
counselling by a marriage counsellor is not reasonably available to the
applicant.
Dated this day of
19 .
(Signature)
(Title)
* Strike out whichever is inapplicable.
Form 5B Consent of judge
or magistrate on application under subsection 16 (5)
(subregulation 12 (8))
Commonwealth of Australia
Marriage Act 1961
CONSENT OF JUDGE OR MAGISTRATE ON
APPLICATION UNDER SUBSECTION 16 (5)
Upon application made by (full
name, address and occupation) under subsection 16 (5) of the Marriage
Act 1961 for my consent to his (or her) proposed marriage with (full
name and address) in place of the consent of (full name, address,
description and relationship to the applicant) of the above-named (full
name), I, (full name), a person who holds office as a Judge or as a
Magistrate of the (if applicable, and in
respect of whom an appropriate
arrangement under section 9 of that Act is applicable), having, on 19 ,
given my consent to the proposed marriage in place of the consent of (full
name, address, description and relationship to the applicant) of the
above-named (full name), am satisfied that
* it is impracticable to ascertain the
views of the above-named (full name) with respect to the proposed
marriage
* it is impracticable without delay that
would, in all the circumstances of the case, be unreasonable to ascertain the
views of the above-named (full name) with respect to the proposed
marriage
and I therefore
give my consent to the proposed marriage in place of the consent of the
above-named (full name).
Dated this day of 19
.
(Signature)
(Title)
* Strike out whichever is inapplicable.
Form 6 Request under section 17
(regulation 13)
Commonwealth of Australia
Marriage Act 1961
REQUEST UNDER SECTION 17
No. of
19 .
In the Matter of a Request under section 17 of the Marriage
Act 1961 by .
I, (full
name, address and occupation) hereby request that the
application under section 16 of the Marriage Act 1961 made to (name)
a magistrate for (State or Territory) for his consent to the marriage of
(full name, address, occupation and date of birth) with (full name,
address, occupation and date of birth) in place of the consent of (full
name) be re‑heard, under section 17 of that Act, by a Judge of the
Court of
2. On the day
of , 19 , the said magistrate (here set out the
decision).
3. A copy of the application is attached.
or
3. (In this and the
following paragraphs set out the particulars required by subregulation (4) of
regulation 13.)
* Application is also made,
contingent on the Judge giving his consent to the proposed marriage in place of
the consent of the said ,
for the consent of the Judge to the proposed marriage in place of the consent of
(full name).
Dated the day of ,
19 .
(Signature of the
person making the request)
*Leave out if inapplicable
Form 7 Notice of
application for order authorizing marriage under marriageable age
(regulation 16)
Commonwealth of Australia
Marriage Act 1961
NOTICE OF APPLICATION FOR ORDER
AUTHORIZING MARRIAGE UNDER MARRIAGEABLE AGE
No. of
19 .
In
the Matter of an Application under section 12 of the Marriage Act 1961 by
.
I, (full
name, address and occupation), who was born
on the day
of , 19 , give notice that I
intend to make application to a
Judge of the Court of
(or to a magistrate for
the State or Territory) for an order under section 12 of the Marriage Act
1961 authorizing me to marry (full name, address and occupation),
who was born on the day of 19 .
2. I have not made a
previous application under section 12 of the Act.
or
2. On the day
of 19 , an application under section 12 of the
Act for an order authorizing me to marry the said
was
refused (or granted) by .
3. The consent of (full name
and address), who is my and
of (full name and address)
who is my are required by the Act to my proposed
marriage.
4. (If consent to the
proposed marriage has been given by or in place of another person, state
accordingly here.)
5. (If the other party to
the proposed marriage is also a minor, state accordingly here, and also state
whether or not consent to the proposed marriage of the other party has been
given by or in place of each person whose consent to that marriage is required
by the Act.)
6. Particulars of the
exceptional and unusual circumstances alleged to justify the making of an order
under the said section are as follows:
Dated the day of ,
19 .
(Signature of
Applicant)
Form 8 Notice of time, date and place for the holding of an inquiry
(regulation 20)
Commonwealth of Australia
Marriage Act 1961
NOTICE OF TIME, DATE AND PLACE FOR
THE HOLDING OF AN INQUIRY
No. of 19 .
In the Matter of an Application
under section of the Marriage Act 1961 by .
Take notice that an inquiry
will be held at the hour of o’clock
in the noon on the day of , 19 , at , by a Judge of
the (or a magistrate for the (State or Territory)) into the relevant
facts and circumstances concerning an application proposed to be made
by ,
(or a request made by
for the re-hearing of an
application made by ) for
And further
take notice that if you fail to attend at that time, date and place, the
application (or request) may be heard and determined in your absence.
Dated the day
of , 19 .
(Signature of
officer or clerk of the court)
(Title of that
officer or clerk)
Form 9 Summons
(regulation 23)
Commonwealth of Australia
Marriage Act 1961
SUMMONS
No. of 19
.
In the Matter of an Application
(or Request) under section of the Marriage Act 1961.
To: (full name and address of person)
In pursuance of the power
conferred by regulation 23 of the Marriage Regulations, you are hereby summoned
to attend at on the
day of , 19 , at the
hour of o’clock in the noon, and then from day to day unless excused by a Judge (or magistrate), to give evidence
in connexion with the application (or request) under section
of the
above-mentioned Act by for
(and then and there
to produce the following books, documents and writings ).
Dated the day of 19 .
(Signature)
(Description)
Note Under the
Marriage Regulations, a person who, having been served with a summons and paid
or tendered reasonable expenses, fails to attend as required by the summons:
(a) is
guilty of an offence and liable, upon conviction, to a fine not exceeding Two
hundred dollars; and
(b) is
liable without further notice to be arrested and brought before a Judge or
magistrate.
Form 10 Nomination
(regulation 31)
Commonwealth of Australia
Marriage Act 1961
NOMINATION
The (name of recognized denomination),
being a recognized denomination for the purposes of the Marriage Act 1961,
nominates (full name of minister of religion), who is a (designation
of the minister of religion) of that recognized denomination for
registration under Division 1 of Part IV of the Marriage Act 1961.
Dated the day of 19 .
(Signature
of person or persons authorized by the recognized denomination to nominate
ministers of religion for registration)
(Designation
of the person or of each person who signs the nomination)
Form 11 Application for registration of Minister of Religion
(regulation 32)
Commonwealth of Australia
Marriage Act 1961
APPLICATION
FOR REGISTRATION OF MINISTER OF RELIGION
To the Registrar of Ministers of Religion for (State or
Territory).
I, ,
apply for registration under Division 1 of Part IV of the Marriage Act 1961,
and set out the following particulars in support of my application:
1. I am a (designation of the applicant)
of (name of recognized denomination).
2. I ordinarily reside at
3. I have attained the age of twenty-one
years, having been born on the day of , 19 .
Dated the day of ,
19 .
(Signature)
Form 12 Notice of
intention to remove name of person from the register
(regulation 33)
Commonwealth of Australia
Marriage Act 1961
NOTICE OF INTENTION TO REMOVE NAME
OF PERSON FROM THE REGISTER
To:
In pursuance of subsection
33 (2) of the Marriage Act 1961, I hereby give you notice that it is my
intention to remove your name from the register kept by me for the purposes of
Division 1 of Part IV of that Act on the ground that (specify ground)
unless, not later than (specify a date being not less than 21 days from the
date of service of this notice), you satisfy me that your name should not
be removed from the register.
Any representations made to
me before that date will be considered by me.
Dated the day of 19 .
Registrar of Ministers
of Religion.
Note Under the Marriage
Act 1961, a person who solemnizes a marriage after notice is served on him
under subsection 33 (2) of that Act but before:
(a) he has
been notified by the Registrar that the Registrar has decided not to remove his
name from the register;
(b) a
period of 14 days has elapsed from the date specified in the notice in
accordance with that subsection and his name has not been removed from the
register; or
(c) his
name, having been removed from the register, is restored to the register,
is guilty of an
offence and is liable, upon conviction, to a fine not exceeding $500 or to be
imprisoned for a term not exceeding 6 months.
Form 12A Application for
registration as a marriage celebrant
(regulation 37H)
Privacy
note: This application form
(including any documentation required by this form) will be used to assess your
suitability for registration as a marriage celebrant under section 39D of
the Marriage Act 1961 (the Act). If your application is
successful, the information you provided in Schedule 2 will be included in the
register of marriage celebrants published on the Internet. If your application
is unsuccessful and you exercise your right to appeal the decision not to
register you, a copy of your application will, if required, be forwarded to the
appropriate tribunal.
Please complete
the following in BLOCK letters
Please
attach additional pages if there is insufficient space in this form. Any
documentation required by this form to be provided as evidence must be the
original or a certified copy of the document.
A. Personal details
YOUR APPLICATION WILL BE RETURNED TO YOU UNLESS IT
INCLUDES ALL REQUIRED DOCUMENTATION
Gender: Male o Female o
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Date of birth
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Day
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Month
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Year
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Principal residential address Contact
details
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Telephone:
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Fax:
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Mobile:
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Email:
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Please note: You must provide evidence of your
principal residential address.
Postal
address (if different from above)
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Have you previously been an
authorized celebrant in Australia?
Yes o No o
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If yes, provide full
details (including your previous registration or authorization number, and
the date when, and the circumstances under which, you ceased to be an
authorized celebrant).
________________________________________________________________
________________________________________________________________
Please note: You must
provide evidence of your cessation as an authorized celebrant.
|
YOUR APPLICATION WILL BE RETURNED TO YOU UNLESS IT
INCLUDES ALL REQUIRED DOCUMENTATION
B. Qualifications and
skills
You
cannot be registered as a marriage celebrant unless you have at least 1 of the
qualifications mentioned in subregulation 37G (2) of the Marriage
Regulations 1963 (the Regulations), or all the skills mentioned
in subregulation 37G (3) of the Regulations.
Qualifications — complete this section if you wish
to be considered for registration on the basis of a qualification
Please
tick the qualification on which your application is based.
r Certificate (however described) awarded by a university,
showing successful completion of a course conducted by the university that
includes the marriage celebrancy unit*
r Certificate IV in Marriage Celebrancy awarded by a registered
training organisation*
r Statement of Attainment in the marriage celebrancy
unit* awarded by a registered training organisation*
r Written assessment given by a qualified assessor*,
showing attainment of competency in the marriage celebrancy unit*
* For
the meaning of marriage celebrancy unit and registered training
organisation, see regulation 37F of the Regulations. For the meaning of
qualified assessor, see regulation 37G of the Regulations.
Please
note: You must provide evidence of your qualification, showing the organisation
awarding the qualification.
YOUR APPLICATION WILL BE RETURNED TO YOU UNLESS IT
INCLUDES ALL REQUIRED DOCUMENTATION
Skills — complete
this section if you wish to be considered for registration on the basis of your
skills
Ø
What indigenous language(s) are
you fluent in?_______________________
_____________________________________________________________
Ø
Provide details showing your
ability to liaise with clients and, if appropriate, the indigenous community in
planning a marriage ceremony (for example, outline the kind of matters that you
would need to take into account, and the approach you would use, in liaising
with your clients and the community).
_______________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Ø
Provide details showing your
ability to conduct a marriage ceremony, and to register a marriage, as required
under the Act (for example, list the things you would have to do as a marriage
celebrant to conduct a marriage ceremony and to register a
marriage)._______________________________
_____________________________________________________________
_____________________________________________________________
Ø
Provide details showing your
ability to communicate effectively._________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
YOUR APPLICATION WILL BE RETURNED TO YOU UNLESS IT
INCLUDES ALL REQUIRED DOCUMENTATION
C. Relationship
support services
The
following questions are directed to establishing your commitment to advising
couples of the availability of relationship support services. (See
paragraph 39C (2) (b) of the Act.)
Identify
the organisations that provide relationship support services (including
distance services) for couples in your area. For each organisation, include its
name, address and other contact details. ________________________________
________________________________________________________________
________________________________________________________________
For
each organisation, describe the major relationship support services offered by
the organisation (including availability of the services). _________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
D. Community standing
The
following questions are directed to establishing your standing in the
community. (See paragraph 39C (2) (c) of the Act.)
Ø
Provide full details of your
community involvement (for example, identify the community organisation(s) with
which you are involved, and describe your role in each organisation and the activities
(including volunteer activities) you undertake in that role)._______________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
YOUR APPLICATION WILL BE RETURNED TO YOU UNLESS IT
INCLUDES ALL REQUIRED DOCUMENTATION
Ø
Are you fluent enough in a
language other than English (and, if applicable, other than the indigenous
language(s) mentioned in Part B of this form) to conduct a wedding ceremony in
that language?
Yes o No o
If yes, identify the other language(s)
that you are fluent enough in.
For
each language identified, indicate your level of fluency (for example, are you
a native speaker or do you have a NAATI* qualification as an interpreter?) and,
if possible, provide evidence of your fluency.
* National Accreditation Authority for Translators and
Interpreters.
E. Conviction
of offences — statutory declaration
Please provide a statutory declaration stating whether
or not you have been convicted of an offence, punishable by imprisonment for 1
year or longer, against a law of the Commonwealth, a State or Territory. (See
paragraph 39C (2) (d) of the Act.)
Note Nothing in
this application form affects the operation of Part VIIC of the Crimes Act
1914 (relieving a person, in certain circumstances, from the requirement to
disclose spent convictions, and requiring persons aware of those convictions to
disregard them).
YOUR APPLICATION WILL BE RETURNED TO YOU UNLESS IT
INCLUDES ALL REQUIRED DOCUMENTATION
F. Business interests
and other interests
The
following questions are directed to establishing whether you have an actual or
potential conflict of interest between your proposed practice as a marriage
celebrant and your business or other interests. They are also directed to
establishing whether your registration as a marriage celebrant would be likely
to result in you gaining a benefit in respect of another business that you own,
control or carry out. (See paragraphs 39C (2) (e) and (f) of the
Act.)
Ø
What is your occupation?________________________________________
Ø
If you are employed, provide the
name and contact details of your employer._____________________________________________________
Ø
If you own or run a business,
provide details of the nature of your business. _____________________________________________________________
_____________________________________________________________
Ø
Does your employment or business have
any connection with marriage celebrancy or the wedding industry? If so, provide
full details.___________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Ø
Would your registration as a
marriage celebrant be likely to result in you gaining a commercial or financial
benefit in respect of any other business that you own, control or carry out? If
so, provide full details.____________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
YOUR APPLICATION WILL BE RETURNED TO YOU UNLESS IT
INCLUDES ALL REQUIRED DOCUMENTATION
G. Obligations
as a marriage celebrant — undertakings
The
following requirement is directed to satisfying the Registrar of Marriage
Celebrants that you will fulfil the obligations under section 39G of the Act. (See
paragraph 39C (2) (g) of the Act.)
Please
complete the undertakings set out in Schedule 1.
H. Other Matters
Are
there other skills, qualifications or attributes you wish the Registrar to consider
in assessing your application? (See paragraph 39C (2) (h) of the
Act.) If so, provide full details.____________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
I. Referee
reports
Please
provide 3 referee reports. Each referee must not be a member of your family but
must have known you for at least 2 years, and each referee report must address
the following:
· the length and nature of the referee’s relationship with you
· your commitment to the central importance of the institution of marriage,
and your knowledge of, and commitment to, advising couples of the availability
of relationship support services
· your standing in the community (including your involvement in the
community through professional or volunteer activities)
· your personal integrity and ethical standards
· the referee’s knowledge of any other qualities or attributes that would
support your application for registration as a marriage celebrant
YOUR APPLICATION WILL BE RETURNED TO YOU UNLESS IT
INCLUDES ALL REQUIRED DOCUMENTATION
J. Register
of marriage celebrants
Please complete Schedule 2. This is
required for the purpose of entering your
details in the register
of marriage celebrants if your application is successful.
K. Attachments — checklist
Please
ensure that you have attached the following documents as required by this
application form:
r evidence of your principal residential address
r evidence of your cessation as an authorized
celebrant (if applicable)
r evidence of your qualification (if applicable)
r evidence of your fluency in a language other
than English and the indigenous language(s) (if any) mentioned in Part B of
this form (if applicable)
r the statutory
declaration relating to conviction of offences
r 3 referee reports
YOUR APPLICATION WILL BE RETURNED TO YOU UNLESS IT
INCLUDES ALL REQUIRED DOCUMENTATION
L. Signature
I
declare that the statements in this application (including the Schedules and
attachments to this application) are true in every detail.
Note Paragraph
39I (1) (e) of the Act provides that the Registrar of Marriage
Celebrants may take disciplinary measures against you if the Registrar is
satisfied that this application was known by you to be false or misleading in a
material particular. See also section 136.1 of the Criminal Code which
deals with false or misleading statements in applications.
Signature
of Applicant:
Date:
YOUR APPLICATION WILL BE RETURNED TO YOU UNLESS IT
INCLUDES ALL REQUIRED DOCUMENTATION
Schedule 1 Undertakings relating to obligations under
section 39G of the Marriage Act 1961
× I give my assurance that I have read and understood
the Code of Practice prescribed by the Marriage Regulations 1963 (the Regulations).
× If registered as a marriage celebrant, I will:
× conduct myself in accordance with the Code of Practice,
display the Code of Practice in a prominent place for potential clients to view,
and make a copy for any potential client who asks for one; and
× undertake all professional development activities
as required by the Registrar of Marriage Celebrants in accordance with the Regulations;
and
× notify the Registrar, in writing, within 30 days of
any change to my details entered in the register of marriage celebrants or any
event that might have caused the Registrar not to have registered me if the
event had occurred before I was registered.
______________________________
Name
______________________________ ______________________________
Signature Date
YOUR APPLICATION WILL BE RETURNED TO YOU UNLESS IT
INCLUDES ALL REQUIRED DOCUMENTATION
Schedule 2 Register of marriage celebrants
Please provide the following information which, as required
by the Marriage Regulations 1963, will be included in the register of marriage
celebrants published on the Internet, if you are successful in your application
for registration as a marriage celebrant.
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Title
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Full name
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Contact details
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Address:
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Tel:
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Fax:
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Mobile:
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Email:
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Do
you propose to conduct religious ceremonies? Yes o No o
If yes, identify the name
of the religious organisation(s) under the authority of which you propose to
conduct the religious ceremonies.
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Name of religious
organisation(s)
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YOUR APPLICATION WILL BE RETURNED TO YOU UNLESS IT
INCLUDES ALL REQUIRED DOCUMENTATION
Form 12B Notification of
decision in relation to application for registration as a marriage celebrant
(regulation 37J)
Commonwealth of Australia
Marriage Act 1961
NOTIFICATION OF DECISION IN RELATION TO APPLICATION
FOR REGISTRATION AS A MARRIAGE CELEBRANT
TO: [name of applicant] of [address]
I, the Registrar of Marriage Celebrants, having
received your application dated [date of application] under
section 39D of the Marriage Act 1961 for registration as a marriage
celebrant, notify you as follows:
[Complete Part A, B or C, as
applicable, and strike out the inapplicable Parts]
PART A
1. I am satisfied, on the basis of the
information in your application, that you are entitled to be registered as a
marriage celebrant.
2. You have been registered as a marriage
celebrant on [date of registration].
OR
PART B
1. I am not satisfied that you are
entitled to be registered as a marriage celebrant. My reasons for this decision
are as follows [set out reasons]:
2. You have the right under section 39J of the Marriage
Act 1961 to apply to the Administrative Appeals Tribunal for a review of
this decision.
OR
PART C
1. Under section 39E of the Marriage
Act 1961, I am unable to register you as a marriage celebrant, because the
registration would breach the applicable limit on the number of marriage
celebrants in your region determined in accordance with regulation 37K of the Marriage
Regulations 1963.
2. Section 39J of the Marriage Act 1961
provides that you do not have a right under the Act to seek a review of this decision
by the Administrative Appeals Tribunal.
[signature]
REGISTRAR
OF MARRIAGE CELEBRANTS
Date:
Form 12C Annual return
relating to professional development activities
(regulation 37M)
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1.
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Surname
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Title
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Initials
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Registration no.
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………………………………
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…………...……
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……………………
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…………………..
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2.
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Contact address:
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………………………………………………………………………..............
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……………………………………................
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State: …………….
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Postcode: ……………..
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Postal address (if different to above):
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…………………………………………………….........
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State:
……………
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Postcode:
….....………
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Telephone
no. (…..) ………………………..
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3.
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Professional
development
Please
list the professional development activities undertaken by you in the period
covered by this return. For each activity, please provide evidence of successful
completion of the activity by you in the period covered by this return.*
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Name
of activity
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Provider
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Duration
of activity (in hours)
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* If you are exempted, under subregulation 37M (6)
of the Marriage Regulations 1963, from undertaking an activity, please
provide full details of the exemption.
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4.
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Total number
of marriage ceremonies performed
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Number
of ceremonies performed per month
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Sep
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Oct
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Nov
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Dec
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Jan
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Feb
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Mar
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Apr
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May
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Jun
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Jul
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Aug
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5.
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Details
of marriages solemnized in a language other than English (please specify
language)
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………………………………………………………………………………………………………..
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………………………………………………………………………………………………………..
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Please
send return to:
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Marriage Celebrants Program
Attorney-General's
Department
Robert
Garran Offices
National
Circuit
BARTON ACT 2600
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Please note: Forms must be returned
by 31 October
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I have taken all due care in
completing this return and declare that the statements in this return are
true.
Signature………………………………………………………………Date……………………...
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OFFICE USE ONLY
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Date Received …. / …. / ….
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Recorded …. / …. / ….
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Form 12D Notice to marriage celebrant of unsatisfactory performance
(regulation 37N)
Commonwealth of Australia
Marriage Act 1961
NOTICE TO MARRIAGE CELEBRANT OF INTENTION TO DETERMINE
UNSATISFACTORY PERFORMANCE
TO: [name of applicant] of [address]
I, the Registrar of Marriage Celebrants,
have recently reviewed your performance as a marriage celebrant under section
39H of the Marriage Act 1961 in respect of the period [period of
review] and notify you that:
1. I intend to make a determination that your
performance as a marriage celebrant in that period was not satisfactory, unless
you satisfy me that your performance in that period was satisfactory.
2. In relation to
your performance in the review period, I am concerned about the following
matters [give details]:
……………………………………………………………………………..
…………………………….……………………………………….............
3. If you would like to make any representations
to me about your performance, I will consider those representations before I
make a determination about your performance. To do this, you must make your
representations before [date, being a date that is at least 21 days after
the date of this notice]. I will make a determination about your
performance within 14 days after that date, and I will notify you, in writing,
of my determination.
4. You may contact me by [give Registrar’s
contact details].
5. If I do not receive any representations from
you before the date stated in paragraph 3, I intend to determine that your
performance in the review period was not satisfactory and I may decide to take
disciplinary measures against you under section 39I of the Marriage Act 1961.
6. If you need further time to make
representations to me about your performance during the review period, you may
request an extension of time by contacting me, in writing, before the date
stated in paragraph 3, stating your reasons for the need to extend the time.
[signature]
REGISTRAR
OF MARRIAGE CELEBRANTS
Date:
Form 13 Notice of
intended marriage
(regulation 38)
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For celebrant’s use
Marriage
arranged
for…………….....am/pm
(time)
on…………………….…(day of week)
………………………….
(date)
at……………………….
…………………………
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Commonwealth of Australia
Marriage Act 1961
NOTICE OF INTENDED MARRIAGE
Please read the NOTES on the back of the form, and
complete this form in TYPE or by using BLOCK LETTERS
To:………………………………………….…………………………………………………....………………………………………………..
[insert name
and address of proposed celebrant]
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For
official use only
Registered
No.
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PRIVACY NOTES
·
Section 42 of the Marriage Act
1961 requires that a marriage shall not be solemnized unless a notice in
writing of the intended marriage, in the prescribed form, is given to the
authorized celebrant solemnizing the marriage. This Notice is the prescribed
form for this purpose.
·
The authorized celebrant to whom
the Notice is given sends the Notice to the Registrar of Births, Deaths and
Marriages of the State or Territory in which the marriage takes place, after
the marriage ceremony. The Registrar uses the information to register the
marriage.
·
The Registrar of Births, Deaths
and Marriages then sends the Notice to the Australian Bureau of Statistics,
which requests information about these matters under the Census and
Statistics Act 1905. The ABS records non-identifying information from the
Notice, and uses the information to generate national statistics on marriage
and the family in Australia. Personal identifying information is not retained.
|
The following parties give
notice of their intended marriage:
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Bridegroom
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Bride
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1.
Surname
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2.
Given names
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3.
Usual occupation
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4.
Usual place of residence
(full address)
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5.
Conjugal status (for example,
never validly married, widower, widow, divorced)
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6.
Birthplace —
(if born in Australia – insert city or town, and State or Territory;
if born outside Australia — insert city or town and country)
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7.
Date of birth
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Day
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Month
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Year
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Day
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Month
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Year
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8.
If party born outside Australia,
total period of residence in Australia
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Years
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Months
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Years
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Months
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9.
Father’s name in full
(If not known, write ‘unknown’.
If deceased, add ‘deceased’)
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10.
Mother’s maiden name in full
(If not known, write ‘unknown’.
If deceased, add ‘deceased’)
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11.
Father’s country of birth
(If not known, insert ‘unknown’)
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12. Mother’s country of birth
(If not known, insert ‘unknown’)
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If
a party has been previously married, that party must give the following
particulars:
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13. Number of previous marriages
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14. Year of each previous marriage ceremony
(If known, give date)
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15. Number of children of the previous marriage or
marriages born alive
(whether now living or deceased)
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16.
Year of birth of each of those
children
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17.
How LAST marriage terminated (Insert ‘death’, ‘divorce’ or ‘nullity’)
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18. Date on which last spouse died, or date on which
dissolution of last marriage became final, or nullity order made
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 Are the parties related to each other?
Yes ٱ No ٱ
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If yes, state relationship
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  Signature of bridegroom
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Signature of bride
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  Signature of witness §
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Signature of witness §
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  Qualification
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Qualification
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  Date
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Date
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§
This notice must be signed in the presence of any of the following:
(a) if
a party signs the notice in Australia — an authorized celebrant, a
Commissioner for Declarations under the Statutory Declaration Act 1959,
a justice of the peace, a barrister or solicitor, a legally qualified medical
practitioner, or a member of the Australian Federal Police or the police
force of a State or Territory;
(b) if
a party signs the notice outside Australia — an Australian Diplomatic
Officer, an Australian Consular Officer, a notary public, an employee of the
Commonwealth authorized under paragraph 3 (c) of the Consular
Fees Act 1955, or an employee of the Australian Trade Commission
authorized under paragraph 3 (d) of the Consular Fees Act 1955.
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NOTES
MARRIAGE OF ANY PERSON UNDER 18 YEARS
WITHOUT AN ORDER OF A JUDGE OR MAGISTRATE IS INVALID
UNDER NO CIRCUMSTANCES CAN 2 PERSONS UNDER 18 YEARS
MARRY EACH OTHER
1.
If party to an intended marriage
is unable, after reasonable inquiry, to state any information required in this
Notice, he or she should write ‘unknown’ in the relevant space on the
form. To make the Notice effective, he or she must also give the authorized
celebrant a statutory declaration stating that he or she is unable to state the
information required in the Notice, and the reason for that inability. However,
a statutory declaration is not necessary in relation to the information
required under item 9, 10, 11 or 12, or the date of a previous marriage
ceremony under item 14.
2.
The marriage cannot be solemnized until
after 1 calendar month from the date the authorized celebrant receives this
Notice unless, under subsection 42 (5) of the Marriage Act 1961, a
prescribed authority has authorized the marriage to be solemnized before that
time has elapsed. Also, the marriage cannot be solemnized if the authorized
celebrant received the Notice more than 18 months before the proposed marriage.
3.
Section 104 of the Marriage Act
1961 makes it an offence for a person to give this Notice to an authorized
celebrant or to sign it if, to that person’s knowledge, the Notice contains a
false statement or an error or is defective.
4.
If a party to an intended marriage
cannot conveniently sign this Notice at the time it is intended to give notice
of the intended marriage, the other party may sign the Notice and give it to
the proposed authorized celebrant. However, in this case, the party who has not
signed the notice must sign it in the presence of that celebrant or another
authorized celebrant before the marriage is solemnized.
5.
Section 42 of the Marriage Act
1961 requires certain documents to be produced to the authorized celebrant
before the marriage is solemnized, in particular:
(a) evidence
of the date and place of birth of each party; and
(b) if
a party is a divorced person or a widow or widower — evidence of that
party’s divorce, or of the death of that party’s spouse.
If a party has been divorced in Australia, the
authorised celebrant should sight court evidence of the decree upon dissolution
of marriage.
6.
If a party to an intended marriage
has not turned 18 (unless he or she has previously been married), he or she
must obtain the necessary consents or dispensations required under the Marriage
Act 1961, and the authorized celebrant must sight those consents or
dispensations before proceeding with the marriage. Also, a person under 18
years is not of marriageable age, and cannot be a party to a marriage, unless
he or she obtains an order from the court under section 12 of the Act.
PARTICULARS
TO BE COMPLETED BY AUTHORIZED CELEBRANT
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 Date notice received by celebrant
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  Rites used
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Place marriage solemnized
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…………………………..…………………..………………………………………………………….
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 Date marriage solemnized
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Bridegroom
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Bride
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Bridegroom
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Bride
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Birth certificate(s) ٱ
produced
|
ٱ
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Document referred to in
paragraph 42 (5A) of the ٱ
Act given to parties
|
ٱ
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 Registration Number
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*death
†Evidence of *nullity
*dissolution
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ٱ
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ٱ
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 *Statutory declaration(s) regarding birth produced
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If dissolution or nullity, Court
location
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………………………………………………
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Overseas passport produced
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†For marriage of a party
under 18 years:
— consents received
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  Overseas passport number
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— court approval
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Authority for marriage despite late
notice
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— not
applicable ٱ
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 *Strike out words not required
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†Strike out if inapplicable
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Official use only
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Celebrant’s number
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Celebrant’s signature
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Form 14 Declaration
(regulations
38A and 46)
Commonwealth of Australia
Marriage Act 1961
DECLARATION BY PARTY TO PROPOSED
MARRIAGE
I, [full name, address and
occupation of person making the declaration], declare that:
1. I am
a [state details of conjugal status - for example, ‘person who has
never been validly married’, ‘widower’, ‘widow’, or ‘divorced person’].
2. I
believe that there is no legal impediment to my marriage with [name, address
and occupation of the other party to the proposed marriage], in particular:
(a) neither of us is married to another
person; and
(b) neither of us is in a prohibited
relationship; and
(c) both of us are of marriageable age; and
(d) there is no other circumstance that would
be a legal impediment to the marriage.
3.
I am of marriageable age because:
*(a) I am 18 years or older; or
*(b) I have not
yet turned 18 years, being born on [date of birth of person making the
declaration]. However, I applied for an order under section 12 of the
Act, and the [name of court] at [location of court] made that
order on [date of order].
(*Strike out if inapplicable)
I make this declaration under the Marriage
Act 1961. I believe the statements in this declaration are true in every
detail. I am aware that it is an offence under the Marriage Act 1961 to
give a notice to an authorized celebrant knowing that it contains a false
statement or an error or is defective. I am also aware that the Act creates
offences in relation to bigamy, and in relation to marriage of a person who is
not of marriageable age.
………………………………………………
[Signature of person
making the declaration]
Declared at [place where
declaration made]
on
[date of declaration].
Before me
……………………………………………..
[Signature of authorized
celebrant before whom declaration is made]
.…………………………………………….
[Name of authorized
celebrant]
……………………………………………..
[Title of authorized
celebrant (for example, ‘Registered Minister of Religion’ or ‘Registrar of
Marriages’, or other description of qualification to solemnize marriages)]
Form 14A Document
outlining the obligations and consequences of marriage and stating the availability
of marriage education and counselling
(regulation 39A)
COMMONWEALTH
OF AUSTRALIA
Marriage
Act 1961
DOCUMENT OUTLINING THE OBLIGATIONS
AND CONSEQUENCES OF MARRIAGE AND STATING THE AVAILABILITY OF MARRIAGE EDUCATION
AND COUNSELLING
This pamphlet is important.
This pamphlet tells you:
·
something of what it means to be married
·
the laws you need to know about when you marry
·
where to go for marriage education, marriage counselling or
family mediation.
At this time you
are probably giving a lot of thought to your approaching wedding day and to the
married life you plan to make together. It is wise to prepare for both. Most
couples make a lasting and satisfying relationship which meets the expectations
of both parties. However, unless your marriage is carefully nurtured there is a
high risk it may end in divorce, even though it begins lovingly.
It is helpful to
know that:
·
marriage is important to you, to your children and to society
·
there are services available before, during and after marriage
that you may wish to use
·
there are skills and attitudes that you can learn which will
increase the enjoyment and stability of your marriage.
Services that can help
Before marriage: Marriage Education
Most people first learn about
marriage by watching marriages of parents, relatives and friends. Television
and magazines provide another view of marriage, not always a realistic one.
Because of these
factors, you and your partner may have quite different life experiences and may
hold very different views on marriage. Real life knowledge of marriage is
available in programs run by accredited marriage educators.
·
Courses are practical, fun and do not push a particular moral or
religious view
·
Courses teach attitudes and skills which enrich family life and
enhance successful marriage
·
If you are remarrying, courses are available to explore the added
dimension and complexity brought to a marriage by children from a former
marriage.
A list of the
agencies which run marriage education programs is provided with this pamphlet.
Each agency on that list is approved and funded by the Commonwealth Government.
During marriage: Marriage Counselling / Family
Mediation
‘Well, we certainly won’t need
counselling’, you say. But if you did need help, how long would you wait
before seeking it? The agencies on the attached list have found that people
generally wait too long. Often help is sought when the marriage is beyond
saving. Counsellors will not tell you what to do. They help you to find the
best way to resolve any difficulty together.
Mediators can
help you resolve disputes before they escalate. A family mediator can help
both parties come to a fair agreement when a dispute arises. Agreements
reached in mediation are mutual agreements and seem to last longer than those
decided by someone outside. It is better if you both go together and sort out
minor troubles before they can turn into a major crisis. Even if only one
party attends it is very helpful.
Early
counselling can be preventive. It can help you steer a course through some of
the difficulties which arise in marriage. You can also use counselling and
mediation to improve a very good marriage.
After breakdown of marriage: Marriage Counselling /
Family Mediation
If a marriage does break down,
marriage counselling and family mediation can help each party cope with
separation and divorce. Counsellors can help in dealing with the stress of
marriage breakdown and starting a new relationship. A family mediator can help
both partners come to a fair agreement about issues such as custody of children
and property which have to be decided after the marriage breaks down. Marriage
counselling, education and family mediation services are approved and funded by
the Commonwealth and monitored to ensure their work is of a high standard. The
work of counsellors, educators and mediators is closely supervised and each
must be trained and accredited before commencing work.
Marriage is important
The decision to marry is one
which should be taken only after a lot of thought. Careful consideration will
save you, your partner and others much pain.
The Family Court is there to
preserve and protect the institution of marriage, to give the family the widest
possible protection and assistance and to protect the rights of children and
promote their welfare. The Family Law Act says:
·
Marriage is ‘the union of a man and a woman to the exclusion of
all others voluntarily entered into for life’.
·
The family is ‘the natural and fundamental group unit of
society’.
It is a
worthwhile goal for all married people to try to achieve a strong marriage and
family life. It is most important that you pass on your loving and stable
family life, your pleasure and your wisdom about marriage to our next
generation of Australians.
Some things you need to know
Changing your name
For many years it has been a
custom for a woman to change her surname to her husband’s surname when she
marries. This is a widely practised custom, both in Australia and in other
societies. It is, however, a matter of choice. You are not legally required to
change your name and many women do continue to use their own surnames after
marriage.
Taxation after marriage
When you marry, the amount you
pay for taxation can change, sometimes less and sometimes more. If your spouse
is not earning any income, the amount you need to pay can change immediately
you are married. It is a good idea to contact the Australian Taxation Office, a
tax agent or an accountant before you marry to find out whether your tax will
change and to answer any questions you may have.
Making a will
If you are married and die
without a will, your spouse inherits all or some of your property. If you
already have a will before you marry, the marriage usually means that the will
no longer applies. It is possible to make a will before you marry which
continues to apply after you marry. This sort of will is not affected by
marriage. You can also make special provisions for your spouse and any children
you may have. A will made during a marriage continues to have effect after
separation or divorce unless the person who made the will changes it or
remarries. The effect after divorce of a will made during a marriage is
governed by state and territory legislation and advice as to the effect of a
particular will after divorce should be sought from a solicitor. A solicitor
can show you how to make a will or change your current will.
Joint ownership
If you and your future spouse
want to put your money into property or some other investment you will need to
think ahead. You should first think about whether you want each investment to
be owned by both of you, or to be owned by only one of you. Deciding ownership
is important when buying a house, land, or even putting your money into a bank
account, an insurance policy or into stocks and shares. All involve ownership.
If you want your investments to be owned by both of you, there are two main
ways to do this. Property owned ‘jointly’ by both of you automatically goes to
the surviving spouse when the other dies. Property owned as ‘tenants in common’
does not automatically go to the surviving spouse when the other dies. You can
put it in your will for someone else. Solicitors can advise you and answer
questions on ownership.
Changes to old laws
Because a new view has been taken
of the old common law, which says a husband and wife become ‘one’ when they
marry, many old laws have been changed. For example, it is now possible for you
to give evidence in most courts where your spouse is involved. Also, marriage
no longer stops a woman from keeping ownership of her own property when she
marries.
Health and welfare benefits
If you receive health or welfare
benefits, you will need to contact such agencies as Health Insurance Funds,
Social Security or other Government Departments to tell them you have married.
When you marry, the money or benefits you receive can change. These offices can
tell you how your benefits will change. You may lose benefits and even be
penalised if you fail to tell them you have married within a reasonable time
after the wedding.
Legal obligations
When you marry, our laws expect
each of you to:
·
financially support any children from your marriage
·
look after the health and welfare of your children
·
send your children to school between the ages that apply in your
state
·
financially support your spouse as best you can if he or she
cannot do so for any reason.
Form 15 Certificate of
marriage
(subregulations 40 (1)
and 47 (1))
Commonwealth
of Australia
Marriage
Act 1961
CERTIFICATE
OF MARRIAGE
I, , having authority under the Marriage
Act 1961 to solemnise marriages, certify that I have this day at duly
solemnised marriage in accordance with the provisions of that Act *(and
according to the rites of ) between and in
the presence of the undersigned witnesses.
Dated this day of in
the year .
(Signature of
Celebrant)
|
(Signatures of Parties to the Marriage)
|
(Signatures of
Witnesses to the Marriage)
|
*The words in brackets may be omitted
Form 16 Official certificate of marriage
(subregulations 40 (6)
and 47 (6))
Commonwealth
of Australia
Marriage Act 1961
OFFICIAL CERTIFICATE OF MARRIAGE
Marriage was solemnised between
the parties, details of whom are given below, on the day of 20 , at
*(according to the rites of ).
|
Detail
|
Bridegroom
|
Bride
|
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Surname
Other names
Usual occupation
Usual place of residence
Conjugal status
Birthplace
Date of Birth
Father’s name in full
Mother’s maiden name in full
|
|
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(Signatures of Parties to the Marriage)
Witnesses to the Marriage (full names)
(Signatures of Witnesses)
I, ,
certify that, on the date and at the place specified above, I duly solemnised
marriage in accordance with the provisions of the Marriage Act 1961 between
the parties specified above.
Dated this day
of 20 .
(Signature
of Celebrant)
*The words in brackets may be omitted
Form 19 Return under section
80
(regulation 49)
Commonwealth of Australia
Marriage Act 1961
RETURN UNDER SECTION 80
Particulars of every
marriage solemnized by, or solemnized in the
presence of, of under
the provisions of the Marriage Act 1961 during the year ended on
31 December 20 , are set out in the following Schedule.
THE SCHEDULE
|
Number
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Date of marriage
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Place of marriage
|
Full name of bridegroom
|
Full name of bride
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Dated
20 .
Chaplain.
Form 20 Certificate
concerning marriage solemnized in overseas country
(regulation 50)
Commonwealth
of Australia
Marriage
Act 1961
CERTIFICATE
CONCERNING MARRIAGE SOLEMNIZED IN OVERSEAS COUNTRY
I, of ,
a chaplain for the purposes of the Marriage Act 1961, certify as
follows:
(a) On 20
, I attended the marriage at
between the parties, particulars of whom are given below, the
bridegroom*/bride* being a member of the Defence Force of Australia.
(b) I am satisfied that the marriage
took place in accordance with the law of .
(c) has
informed me, in writing, that he*/she* desires the marriage to be registered
under section 84 of the Marriage Act 1961.
[* Strike out whichever is inapplicable]
|
PARTICULARS
OF THE PARTIES TO THE MARRIAGE
|
|
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Bridegroom
|
Bride
|
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1. Surname…………………….…..
|
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2. First name……………………….
|
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3. Usual occupation………………..
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4. Usual place of residence………...
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5. Conjugal status………………….
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6. Birthplace……………………….
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7. Date of birth…………………….
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8. Father’s name in full……………
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9. Mother’s maiden name in full…..
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Dated 20 .
Chaplain.
Form 21 Information
with respect to legitimation
(regulations 57, 59 and
62)
Commonwealth of Australia
Marriage Act 1961
INFORMATION WITH RESPECT TO
LEGITIMATION
To:
In pursuance of the Marriage
Regulations, 
(full name)
of (address and occupation) and (full name) of (address and
occupation), the parents (or a parent or the surviving
parent) of (full name of legitimated child) (or a person who has
obtained an order under section 92 of the Marriage Act 1961 relating to
(full name of legitimated child)) hereby furnish the information set out
below concerning the legitimation and declare that the information is true and
correct.
An official record of
marriage in respect of the marriage of the parents of the child is produced
herewith (or has been produced by (full name of other parent of the
child)) for inspection by the registering authority. (or It is
impracticable to obtain an official record of marriage in respect of the
marriage of the parents of the child for the following reasons:
INFORMATION CONCERNING THE
LEGITIMATED CHILD
Surname
Other names
Date of birth day of ,
19 .
Birthplace (if born in Australia — city or town and
State or Territory;
if born outside Australia — city or town, and
country)
Place at which birth registered (if birth never registered
in any
country — state why birth never registered)
If deceased, date of death
INFORMATION CONCERNING THE
PARENTS OF THE LEGITIMATED CHILD
Father’s name in full
* Father’s present address
Mother’s name (in full) at time of birth of child
* Mother’s present address
Date of marriage of father and mother
Place of marriage
* If father or mother, as case may be, now dead, write
‘deceased’.
† INFORMATION CONCERNING
DOMICILE
† Father’s/Mother’s domicile at the time of his/her marriage
to the other parent of the child
† Facts relied on as establishing Father’s/Mother’s domicile
‡ Name of parent domiciled in Australia at relevant time for
the purposes of section 91 (2) of the Marriage Act 1961
‡ Facts relied on as establishing that domicile
† Omit if marriage of parents took place in Australia, under
Part V of the Marriage Act 1961 or under the Marriage (Overseas) Act
1955, if legitimation effected by s. 91 of the Marriage Act 1961 or
if order under s. 92 of that Act obtained.
‡ Omit if legitimation not effected under s. 91 of the Marriage
Act 1961 or if order under s. 92 of that Act obtained.
§ INFORMATION CONCERNING
ORDER OF COURT RELATING TO PATERNITY OF LEGITIMATED CHILD
§ Nature of order
§ Court by which order made
§ Date of order
§ Whether appeal against order instituted, and, if so,
result of appeal
§ Omit if no order made.
‡ INFORMATION CONCERNING
BELIEF IN THE VALIDITY OF A VOID MARRIAGE
‡ At the time of the intercourse that resulted in the birth
of the child (or At the time when the ceremony of marriage took place), I
believed that the marriage referred to above was valid.
‡ Grounds for belief by applicant that marriage valid at the
relevant time for the purposes of section 91 (1) of the Marriage Act 1961
‡ Date on which applicant learned that marriage void
‡ Circumstances in which applicant learned that marriage void
Dated the day of ,
19 .
(Signatures
of Informants)
Form 22 Application to
register the legitimation of a child in the register of legitimations
(regulation 68)
Commonwealth of Australia
Marriage Act 1961
APPLICATION TO REGISTER THE
LEGITIMATION OF A CHILD IN THE REGISTER OF LEGITIMATIONS
To: The Registrar of Births,
Deaths and Marriages for the Australian Capital Territory.
Application is made by (full
name, address and occupation of each applicant or of the applicant) to
register in the Register of Foreign Legitimations the legitimation of (full
name), who is the legitimate child of his parents by virtue of section 
of
the Marriage Act 1961.
We are the parents of (or
I am a parent of or I am the surviving parent of or I am the
person who has obtained an order under section 92 of the Marriage Act 1961 relating
to) the child. An official record of birth in respect of the child is furnished
herewith. (or It is impracticable to obtain an official record of birth
in respect of the child for the following reasons:
.)
An official record of
marriage in respect of the marriage of the parents of the child is produced
herewith. (or It is impracticable to obtain an official record of marriage in
respect of the marriage of the parents of the child for the following reasons:
.)
hereby
declare that the information set out below in connexion with this application
is true and correct.
INFORMATION
CONCERNING THE LEGITIMATED CHILD
Surname
Other
names
Sex
Date of
Birth day of , 19 .
* Birthplace
Place at
which birth registered (if birth never registered in any country — state
why birth not registered)
If
deceased, date of death
INFORMATION CONCERNING THE PARENTS OF THE LEGITIMATED
CHILD
Father’s
name in full
† Father’s
present address
Father’s
occupation
* Father’s
birthplace
Mother’s
maiden name in full
Mother’s
name (in full) at time of birth of child
† Mother’s
present address
* Mother’s
birthplace
Date of
marriage of father and mother
Place of
marriage
* If born in Australia — city or town and State or Territory;
if born outside Australia — city or town and country.
† If father or mother, as case may be, now dead, write ‘deceased’.
‡ INFORMATION CONCERNING DOMICILE
‡ Father’s/Mother’s domicile at the time of his/her marriage
to the other parent of the child
‡ Facts relied on as establishing Father’s/Mother’s domicile
§ Name of parent domiciled in Australia at relevant time for the
purposes of section 91 (2) of the Marriage Act 1961
§ Facts relied on as establishing domicile
‡ Omit if legitimation effected by s. 91 of Marriage Act
1961 or if order under of that Act obtained.
§ Omit if legitimation not effected by s. 91 of the Marriage Act
1961 or if order under s. 92 of that Act obtained.
║ INFORMATION CONCERNING ORDER UNDER SECTION 92
OF THE MARRIAGE ACT 1961
║ Court
by which order made
║ Date
of order
║ Whether
appeal instituted and, if so, result of appeal
║ Omit
if no order made.
§ INFORMATION CONCERNING BELIEF IN VALIDITY OF VOID
MARRIAGE
§ At the time of the intercourse that resulted in the birth
of the child (or At the time when the ceremony of marriage took place),
I believed that the marriage referred to above was valid.
§ Grounds for belief by applicant that marriage valid at the
relevant time for the purposes of section 91 (1) of the Marriage Act 1961
§ Circumstances in which applicant learned that marriage
void.
Dated the day of ,
19 .
(Signatures of
Applicants)
Form 23 Certificate in respect of registration in the register of
foreign legitimations
(regulation
70)
Commonwealth of Australia
Marriage Act 1961
CERTIFICATE IN RESPECT OF
REGISTRATION IN THE REGISTER OF FOREIGN LEGITIMATIONS
I, ,
the Registrar of Births, Deaths and Marriages for the Australian Capital
Territory, hereby certify that the
legitimation of is
registered in the Register of Foreign Legitimations and that the information
set out below is contained in the entry of that legitimation in that register.
INFORMATION
(Here set out the
information.)
Dated the day of ,
19 .
Registrar
for Births, Deaths
and
Marriages.
Form 24 Certificate of
interpreter
(regulation 72)
Commonwealth of Australia
Marriage Act 1961
CERTIFICATE BY INTERPRETER
I, (full name and address
of interpreter), certify that on the day
of ,
19 at , , I faithfully performed the
services of interpreter from the language into the language (and from
the language
into the language) in or in connexion with a
ceremony of marriage solemnized between (full name of bridegroom) and (full
name of bride).
Dated the day of ,
19
(Signature of
interpreter)
Witness:
Schedule 1A Code of
Practice for marriage celebrants
(regulation 37L)
1 Application of this Code of Practice
This Code of Practice applies to marriage
celebrants (being persons registered under Subdivision C of Division 1 of Part
IV of the Marriage Act 1961).
Note Under paragraph 39I (1) (b)
of the Marriage Act 1961, if the Registrar of Marriage Celebrants is
satisfied that a marriage celebrant has not complied with an obligation under
section 39G of that Act, including this Code of Practice, the Registrar may
take disciplinary measures against the marriage celebrant.
2 High standard of service
A marriage celebrant must maintain a high standard
of service in his or her professional conduct and practice.
3 Recognition of significance of marriage
A marriage celebrant must recognise the social,
cultural and legal significance of marriage and the marriage ceremony in the
Australian community, and the importance of strong and respectful family
relationships.
4 Compliance with the Marriage Act and
other laws
A marriage celebrant must:
(a) solemnize marriages according to the legal
requirements of the Marriage Act 1961 (Cth); and
(b) observe the laws of the Commonwealth and of
the State or Territory where the marriage is to be solemnized; and
(c) prevent and avoid unlawful discrimination in
the provision of marriage celebrancy services.
5 General requirements for marriage
ceremonies
A marriage celebrant must respect the importance of
the marriage ceremony to the parties and the other persons organising the
ceremony. To that end, the marriage celebrant must do the following:
(a) give the parties information and guidance to
enable them to choose or compose a marriage ceremony that will meet their needs
and expectations;
(b) respect the privacy and confidentiality of
the parties;
(c) maintain appropriate facilities to interview
parties and provide office facilities, including facilities for the secure
storage of records;
(d) within a reasonable time before the marriage
ceremony:
(i) confirm all details with the
parties; and
(ii) ensure the return of all personal
documents belonging to the parties (unless it is necessary to keep the
documents for the ceremony); and
(iii) sign any necessary declarations;
(e) if requested by the parties, conduct a
marriage ceremony rehearsal;
(f) ensure that his or her personal presentation
is of an appropriate standard for the marriage ceremony, and respect the
expectations of the parties in relation to the ceremony;
(g) make efforts to ensure that the marriage
ceremony is audible to all those present (using audio equipment, if required);
(h) ensure accuracy in the preparation of
documents, and in the conduct of the marriage ceremony;
(i) arrive at the venue for the marriage
ceremony no later than the time agreed with the parties;
(j) if the marriage celebrant has agreed to
perform more than one marriage ceremony on the same day:
(i) ensure that the parties to each
marriage receive a level of service that meets their separate and special
requirements; and
(ii) be available at the venue for each
marriage ceremony at least 20 minutes before the agreed commencement of each
ceremony (unless, in the case of consecutive ceremonies, the ceremonies are to
be held at the same venue);
(k) ensure that all relevant documents are
completed and sent to the appropriate registering authority within 14 days
after the marriage ceremony, as required by section 50 of the Marriage Act
1961;
(l) in relation to the provision of marriage
services, accept evaluative comment from the parties, and use any comments to
improve performance;
(m) give the parties information about how to
notify the Commonwealth Attorney-General’s Department of any concerns or
complaints they may have regarding the marriage services provided by the
marriage celebrant.
6 Knowledge and understanding of family
relationships services
A marriage celebrant must:
(a) maintain an up-to-date knowledge about
appropriate family relationships services in the community; and
(b) inform parties about the range of information
and services available to them to enhance, and sustain them throughout, their
relationship.
Schedule 1B Circumstances
for authorising marriage despite late notice
(regulation 39)
1 Employment-related or other travel commitments
(1) A circumstance is that the marriage should be
solemnized despite the required notice not having been received in time because
a party to the intended marriage or someone involved with the proposed wedding:
(a) has employment commitments that necessitate
the person’s absence from the location of the proposed wedding for a
considerable period of time; or
(b) has other travel commitments.
Examples
1 A party to the intended marriage has
accepted an offer of employment for imminent transfer or posting overseas or to
a part of Australia distant from the location of the proposed wedding for at
least 3 months, and wishes to be married with the party’s family and friends
present before the departure.
2 A party to the intended marriage
realises that a close relative or friend of the party is in Australia but the
relative or friend has a non-redeemable ticket for departure from Australia
within less than a month, and the party wishes the relative or friend to be
present at the wedding.
(2) In determining whether the circumstance in
subclause (1) is met, the prescribed authority may take into account the
following:
(a) documents relating to the employment
commitments such as a letter of offer and a letter of acceptance;
(b) documents relating to the travel such as a
dated receipt or a ticket;
(c) any explanation provided for not giving the
notice sooner;
(d) any explanation provided for not postponing
the proposed wedding;
(e) whether hardship would be caused to a party
to the intended marriage if the marriage is not solemnized as proposed;
(f) any other matter that the prescribed authority
considers relevant.
2 Wedding or celebration arrangements
(1) A circumstance is that the marriage should be
solemnized despite the required notice not having been received in time because
of the binding nature of the wedding arrangements or celebration arrangements made
in connection with the intended marriage, or because of any religious
consideration.
Example
Arrangements and non-refundable payments of a considerable
sum have been made for the proposed wedding, or for any celebration associated
with the intended marriage, and the date for the wedding or celebration cannot
be changed.
(2) In determining whether the circumstance in
subclause (1) is met, the prescribed authority may take into account the
following:
(a) documents showing the extent of preparations
for the proposed wedding, such as receipts showing dates and amounts of
payments connected with the wedding;
(b) in the case of a religious
consideration — the nature of the consideration;
(c) any explanation provided for not giving the
notice sooner;
(d) any explanation provided for not postponing
the proposed wedding;
(e) whether hardship would be caused to a party
to the intended marriage if the marriage is not solemnized as proposed;
(f) any other matter that the prescribed
authority considers relevant.
3 Medical reasons
(1) A circumstance is that the marriage should be
solemnized despite the required notice not having been received in time because
a party to the intended marriage, or someone involved with the proposed
wedding, is suffering from a medical condition of a serious nature.
Example
A party to the intended marriage, or a parent or close relative
of the party, has a serious illness that will prevent the person from attending
the wedding unless it is held in less than a month.
(2) In determining whether the circumstance in
subclause (1) is met, the prescribed authority may take into account the
following:
(a) a letter from a medical practitioner or
other health professional confirming the relevant health circumstances;
(b) any explanation provided for not giving the
notice sooner;
(c) any other matter that the prescribed
authority considers relevant.
4 Legal proceedings
(1) A circumstance is that the marriage should be
solemnized despite the required notice not having been received in time because
a party to the intended marriage is involved in a legal proceeding.
Example
A party to the intended marriage is subject to a pending
court proceeding, and is at risk of imprisonment.
(2) In determining whether the circumstance in subclause (1)
is met, the prescribed authority may take into account the following:
(a) a sealed copy of any applicable court order;
(b) a letter from the party’s solicitor stating the
dates and nature of a pending court proceeding;
(c) any explanation provided for not giving the
notice sooner;
(d) any explanation provided for not postponing
the proposed wedding;
(e) whether hardship would be caused to a party
to the intended marriage if the marriage is not solemnized as proposed;
(f) any other matter that the prescribed
authority considers relevant.
5 Error in giving notice
(1) A circumstance is that the marriage should be
solemnized despite the required notice not having been received in time
because:
(a) it was due only to error on the part of an
authorized celebrant (or a person whom the parties to the intended marriage
believed to be an authorized celebrant) that the required notice was not given
or that the notice given was invalid, stale or lost; and
(b) arrangements have been made for the proposed
wedding to take place within the one month period.
Examples
1 The parties have given significant
notice to the authorized celebrant orally, and arrangements for the proposed wedding
have been made, but written notice was not given in the required time because
the authorized celebrant failed to explain the notice requirements properly.
2 The parties have given written notice
in the required time, and arrangements for the proposed wedding have been made,
but the notice is invalid because the person to whom the notice was given was
not yet registered as a marriage celebrant.
3 The parties have given written notice
in the required time, and arrangements for celebrations have been made to
follow the marriage ceremony, but the notice was lost by the authorized
celebrant.
(2) In determining whether the circumstance in
subclause (1) is met, the prescribed authority may take into account the
following:
(a) documents confirming why the notice was not
given, such as a letter confirming an earlier interview with the parties to the
intended marriage;
(b) a letter from the person to whom the notice
was given explaining why the notice was invalid, stale or lost;
(c) documents showing the arrangements made in
connection with the proposed wedding;
(d) any other matter that the prescribed
authority considers relevant.
Schedule 2 Appropriate registering authorities
(regulation 41, subregulations 37R (2),
42 (4) and 42A (4) and regulation 54)
|
Item
|
Situation of the place where the marriage was
solemnized
|
Registering authority
|
|
1
|
New South Wales
|
Registrar of Births, Deaths and Marriages for New South
Wales
|
|
2
|
Victoria
|
Registrar of Births, Deaths and Marriages for Victoria
|
|
3
|
Queensland
|
Registrar-General of Births, Deaths and Marriages for Queensland
|
|
4
|
Western Australia
|
Registrar of Births, Deaths and Marriages for Western
Australia
|
|
5
|
South Australia
|
Registrar of Births, Deaths and Marriages for South
Australia
|
|
6
|
Tasmania
|
Registrar-General for the purposes of the Marriages
Registration Act 1962 (Tas)
|
|
7
|
Australian Capital Territory
|
Registrar-General under the Registrar-General Act 1993 (ACT)
|
|
8
|
Northern Territory
|
Registrar of Births, Deaths and Marriages for the Northern
Territory
|
|
9
|
Norfolk Island
|
Registrar of Births, Deaths and Marriages for Norfolk
Island
|
Schedule 3 Offices of
which holders are required to prepare only 1 official marriage certificate
(subregulation 42A (1))
|
Item
|
State or Territory
|
Office of State or Territory
|
|
1
|
New South Wales
|
(a) Registrar of Births,
Deaths and Marriages
(b) Deputy Registrar of Births, Deaths and Marriages
(c) Officer-in-charge, Registration Division, Registry
of Births, Deaths and Marriages, Department of Services
(d) Marriage Officer. Registry of Births, Deaths and
Marriages, Department of Services
|
|
2
|
Queensland
|
(a) Registrar-General
(b) Deputy Registrar-General
(c) Registry Team Leader
(d) Registry Officer
|
|
3
|
Western Australia
|
(a) Registrar of Births,
Deaths and Marriages
(b) Deputy Registrar of Births, Deaths and Marriages
(c) Manager (Registrations and Policy)
(d) Manager (Customer Services)
(e) Team Supervisor (Customer Services)
(f) Customer Service Representative
(g) District Registrars and Deputy District Registrars
for the following places in Western Australia:
|
|
|
Perth
Albany
Armadale
Broome
Bunbury
Busselton
Carnarvon
Derby
Esperance
|
Fremantle
Geraldton
Halls Creek
Kalgoorlie
Katanning
Kunnunurra
Leonora
Manjimup
Merredin
|
Midland
Moora
Mount Magnet
Narrogin
Northam
Pinjarra
Roebourne
South Hedland
|
|
|
|
(h) District Registrars and Deputy District Registrars
for the Christmas Island and Cocos (Keeling) Island territories
(i) Assistant District Registrars for the following
places in Western Australia:
|
|
|
Beverley
Bridgetown
Bruce Rock
Collie
Coolgardie
Exmouth
Harvey
|
Joondalup
Karratha
Mandurah
Marble Bar
Meekatharra
Newman
Norseman
|
Onslow
Rockingham
Southern
Cross
Tom Price
Wagin
Wyndham
|
|
4
|
South Australia
|
(a) Registrar of Births,
Deaths and Marriages
(b) Deputy Registrar of Births, Deaths and Marriages
(c) Assistant Registrar (Registrations)
(d) Assistant Registrar (Applications)
(e) Marriage Officer
(f) Personal Assistant
(g) Clerical Officers who are marriage celebrants
|
|
5
|
Tasmania
|
(a) Registrar-General
(b) Deputy Registrar-General
(c) Registrar of Births and Deaths, Hobart
(d) Deputy Registrar of Births and Deaths, Hobart
(e) Registrar of Births and Deaths, Launceston
(f) Deputy Registrar of Births and Deaths, Launceston
|
|
6
|
Northern Territory
|
(a) Registrar of Births,
Deaths and Marriages
(b) Deputy Registrar of Birth, Deaths and Marriages, Darwin
(c) Deputy Registrar of Births, Deaths and Marriages, Alice
Springs
|
|
|
|
|
|
|
|
|
|
Schedule 4 Prescribed
overseas countries
(regulation 51)
Argentine Republic
Republic of Austria
Kingdom of Belgium
Federative Republic of Brazil
Union of Burma
Republic of Chile
Kingdom of Denmark
Federal Republic of Germany (including Western Berlin)
Hellenic Republic
Republic of India
Republic of Indonesia
Ireland
Italian Republic
Japan
Republic of Korea
Lebanese Republic
Kingdom of the Netherlands
New Caledonia and Dependancies
Federal Republic of Nigeria
Pakistan
Polish People’s Republic
Republic of Philippines
Republic of South Africa
Spain
Kingdom of Sweden
Swiss Confederation
Union of Soviet Socialist Republics
United States of America