Commonwealth Numbered Regulations - Explanatory Statements

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MARRIAGE REGULATIONS (AMENDMENT) 1995 NO. 165

STATUTORY RULES 1995 No. 165

Issued by the Authority of the Attorney-General

Marriage Act 1961

Marriage Regulations (Amendment)

The purpose of the amendment to the Marriage Regulations (the Principal Regulations) is to delete reference to certain prescribed fees which may be charged by civil marriage celebrants and State and Territory officers; as well as the various sub-regulations effecting those charges.

The Parliamentary Secretary to the Attorney-General has approved the de-regulation of the prescribed fees under the Fifth Schedule of the Principal Regulations.

The de-regulation of those fees introduces a uniform approach for all celebrants, as religious marriage celebrants are not bound by the Marriage Act or Marriage Regulations in respect of the prescribed fees.

Details of the amendments are as follows:

Sub-regulation 74(2), (5), (5A), and (5B) to be deleted, These Sub-regulations impose the liability to pay the prescribed fees as set out in the Fifth Schedule.

Sub-regulation 74(6) relates to fees for the 'solemnisation of marriage', 'notice of intended marriage', 'application for shortening of time' and 'application for dispensing with consent'. This sub-regulation specifically states that where an authorised celebrant is a Member of Parliament that celebrant is not able to charge for the above listed items. The deletion of the reference to 'solemnisation of marriage' and 'notice of intended marriage' in this sub-regulation.

Fifth Schedule, Items 11, 12, 12A, 12B and 13 to be deleted. The specific items relate to:

Item 11: Notice of Intended Marriage

Item 12: Solemnisation of Marriage

Item 12A: Fee for Travelling Distance (celebrants other than an officer of the Commonwealth, a State or Territory)

Item 12B: Fee for Travelling Distance (Commonwealth/State/Territory officer)

Item 13: Solemnisation of Marriage by Marriage Officer

These items specify prescribed fees that can be charged by a civil marriage celebrant.