Commonwealth Consolidated Acts

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MARRIAGE ACT 1961 - SECT 39J

Review of decisions

  (1)   An application may be made to the Administrative Appeals Tribunal for a review of a decision of the Registrar of Marriage Celebrants:

  (a)   not to register a person as a marriage celebrant; or

  (b)   to suspend a person's registration as a marriage celebrant; or

  (c)   to deregister a marriage celebrant (including under section   39FB ) ; or

  (d)   not to identify a person as a religious marriage celebrant on the register of marriage celebrants; or

  (e)   to remove the identification of a person as a religious marriage celebrant from the register of marriage celebrants, either for a specified period or permanently.

  (2)   For the purposes of both the making of an application under subsection   ( 1) and the operation of the Administrative Appeals Tribunal Act 1975 in relation to such an application, if:

  (a)   a person has made application for registration as a marriage celebrant (see subsection   39D(1A)) ; and

  (b)   at the end of 3 months after the day on which the application was made, the person has not been:

  (i)   registered; or

  (ii)   notified by the Registrar that that person's application has been refused;

the Registrar is taken to have decided, on the last day of the 3 month period, not to register that person as a marriage celebrant.

  (2A)   For the purposes of both the making of an application under subsection   ( 1) and the operation of the Administrative Appeals Tribunal Act 1975 in relation to such an application, if:

  (a)   a person has given notice under section   39DB or paragraph   39DD(2)(b) (notice requesting to be identified as a religious marriage celebrant); and

  (b)   at the end of 3 months after the day on which the notice was given, the person has not been:

  (i)   identified as a religious marriage celebrant on the register of marriage celebrants; or

  (ii)   notified by the Registrar that the Registrar has decided not to identify the person as a religious marriage celebrant on the register of marriage celebrants;

the Registrar is taken to have decided, on the last day of the 3 month period, not to identify that person as a religious marriage celebrant on the register of marriage celebrants.

  (3)   The Registrar must take such action as is necessary to give effect to the Tribunal's decision.


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