Commonwealth Numbered Regulations

MARRIAGE REGULATIONS 2017 (F2017L01359)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name  
   2.      Commencement  
   3.      Authority  
   4.      Schedules  
   5.      Definitions  
   6.      Appropriate registering authority for a marriage  

   PART 2--MARRIAGE OF MINORS

           Division 1--Authorisation of marriage of minor

   7.      Application for authorisation of marriage of minor  
   8.      Order authorising marriage  

           Division 2--Consent to marriage of minor

   9.      Consent of parent etc. to marriage of minor  
   10.     Consent not in English  
   11.     Translation of consent  

           Division 3--Dispensing with consent to marriage of minor

   12.     Application to dispense with consent  
   13.     Notice of dispensation or refusal to dispense with consent  

           Division 4--Consent by Judge or magistrate in place of parent etc

   14.     Consent by Judge or magistrate to marriage of minor  
   15.     Re-hearing of application for consent to marriage of a minor  
   16.     Notice of request to be served on magistrate  

           Division 5--Practice and procedure in relation to inquiries

   17.     Application of this Division  
   18.     Affidavits in support of application or request  
   19.     Time and place of inquiry  
   20.     Inquiries  
   21.     Forwarding documents to Judge or magistrate conducting inquiry  
   22.     Power to summons a person to attend an inquiry etc.  
   23.     Power to examine on oath or affirmation  
   24.     Offence in relation to failure to comply with summons  
   25.     Offence in relation to refusal to be sworn  
   26.     Offence in relation to refusal to answer  
   27.     Offence in relation to insulting or disturbing a Judge or magistrate  
   28.     Offence in relation to using insulting language  
   29.     Offence in relation to interrupting an inquiry  
   30.     Offence in relation to improper influence  
   31.     Offence in relation to bringing Judge or magistrate into disrepute  
   32.     Protection of Judges and magistrates etc.  
   33.     Return of documents to applicant  

   PART 3--SOLEMNISATION OF MARRIAGES IN AUSTRALIA

           Division 1--Ministers of religion

   34.     Notice of intention to remove person's name from register  
   35.     Notice of removal of person's name from register  
   36.     Notice of change of address etc.  
   37.     Notice seeking information about ministers of religion  
   38.     Annual list of ministers of religion  

           Division 2--Marriage celebrants

              Subdivision A--General provisions

   39.     Qualifications and skills required of a marriage celebrant  
   40.     Minister may determine fees  
   41.     Application for exemption from registration application fee  
   42.     Decision on application for exemption from registration application fee  
   43.     Details in register of marriage celebrants  
   44.     Notice of liability for celebrant registration charge  
   45.     Automatic exemption from first year of celebrant registration charge--person exempt from registration application fee  
   46.     Automatic exemption from celebrant registration charge--person resigns as a marriage celebrant etc.  
   47.     Minister may determine charge exemption application fee  
   48.     Application for exemption from celebrant registration charge  
   49.     Decision on application for exemption from celebrant registration charge  
   50.     Internal review of decision to refuse to grant certain exemptions  
   51.     Notice about non-payment of celebrant registration charge  
   52.     Code of Practice for marriage celebrants  
   53.     Professional development for marriage celebrants  
   54.     Automatic exemption from undertaking professional development activities for certain marriage celebrants  
   55.     Exemption from undertaking professional development activities for late year registration  
   56.     Minister may determine professional development exemption application fee  
   57.     Application for exemption from undertaking professional development activities  
   58.     Decision on application for exemption from undertaking professional development activities  
   59.     Performance reviews  
   60.     Disciplinary measures  
   61.     Records to be kept by Registrar of Marriage Celebrants  

              Subdivision B--Complaints resolution procedures

   62.     Complaints resolution procedures for complaints relating to marriage celebrants  
   63.     Approved form for complaint  
   64.     Registrar may request more information  
   65.     Decision on whether to deal with complaint  
   66.     Ceasing to deal with complaints in certain circumstances  
   67.     Notice to marriage celebrant if Registrar decides to deal with complaint  
   68.     Procedure after notice given to marriage celebrant  
   69.     Procedure if marriage celebrant has contravened, or committed an offence against, a provision of the Act etc.  

           Division 3--Marriages by authorised celebrants

   70.     Notice of intended marriage and related documents  
   71.     Declaration before authorised celebrant  
   72.     Notice of intended marriage received less than one month before solemnisation  
   73.     Certificate of marriage  
   74.     Offences in relation to record keeping  
   75.     Only one official certificate to be prepared by certain authorised celebrants  
   76.     Forwarding of official certificate etc. to appropriate registering authority for a marriage  
   77.     Dealing with retained official certificates  
   78.     Lost official certificates  

   PART 4--MARRIAGES OF MEMBERS OF THE DEFENCE FORCE OVERSEAS

   79.     Declaration before chaplain  
   80.     Marriage certificates for marriages solemnised overseas  
   81.     Offences in relation to record keeping  
   82.     Dealing with retained official certificates  
   83.     Prescribed overseas countries  

   PART 5--MISCELLANEOUS

   84.     Endorsement in case of second marriage ceremony  

   PART 6--TRANSITIONAL, APPLICATION AND SAVINGS PROVISIONS

   85.     Pre-commencement applications for exemption from registration application fee  
   86.     Pre-commencement applications for exemption from celebrant registration charge  
   87.     Pre-commencement applications for internal review of refusal to grant certain exemptions  
   88.     Internal review of pre-commencement decisions to refuse to grant certain exemptions  
   89.     Pre-commencement complaints about the solemnisation of marriages by marriage celebrants  
   90.     Application--re-hearing of application for consent to marriage of a minor  
   91.     Application--application for exemption from celebrant registration charge  
   92.     Application--professional development activities for marriage celebrants  
   93.     Application--complaints resolution procedures  
   94.     Savings--notice given to recognised denomination  
   95.     Savings--determination of qualifications and skills required of marriage celebrants  
   96.     Savings--determinations of fees  
   97.     Savings--authorisation of suppliers of marriage certificates  
           SCHEDULE 1 Form of certificate of marriage
           SCHEDULE 2 Code of Practice for marriage celebrants
           SCHEDULE 3 Circumstances for authorising marriage despite late notice
           SCHEDULE 4 Specified offices of States and Territories
           SCHEDULE 5 Prescribed overseas countries