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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Marriage Amendment (Celebrant
Administration and Fees) Bill 2014
No. , 2014
(Attorney-General)
A Bill for an Act to amend the Marriage Act 1961 in
relation to celebrants, and for other purposes
No. , 2014
Marriage Amendment (Celebrant Administration and Fees) Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments relating to fees and charges
3
Part 1--Amendments relating to annual celebrant registration
charge
3
Marriage Act 1961
3
Part 2--Amendments relating to fee for applying to become a
marriage celebrant
6
Marriage Act 1961
6
Part 3--Amendments relating to fee for applying for
exemption from professional development
requirements
8
Marriage Act 1961
8
Part 4--Application of amendments
9
Schedule 2--Other amendments
10
Part 1--Amendments relating to forms
10
Marriage Act 1961
10
Part 2--Other miscellaneous amendments
13
Marriage Act 1961
13
Part 3--Transitional provisions
14
No. , 2014
Marriage Amendment (Celebrant Administration and Fees) Bill 2014
1
A Bill for an Act to amend the Marriage Act 1961 in
1
relation to celebrants, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Marriage Amendment (Celebrant
5
Administration and Fees) Act 2014.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Marriage Amendment (Celebrant Administration and Fees) Bill 2014
No. , 2014
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1
and 2
A single day to be fixed by Proclamation.
However, if the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments relating to fees and charges Schedule 1
Amendments relating to annual celebrant registration charge Part 1
No. , 2014
Marriage Amendment (Celebrant Administration and Fees) Bill 2014
3
Schedule 1
--Amendments relating to fees and
1
charges
2
Part 1
--Amendments relating to annual celebrant
3
registration charge
4
Marriage Act 1961
5
1 Subsection 5(1)
6
Insert:
7
celebrant registration charge: see subsection 39FA(1).
8
2 Subsection 5(1)
9
Insert:
10
charge payment day: see subsection 39FA(2).
11
3 After section 39F
12
Insert:
13
39FA Celebrant registration charge: liability to pay charge
14
(1) A person is liable to pay celebrant registration charge to the
15
Commonwealth in respect of a financial year if:
16
(a) the person:
17
(i) is a marriage celebrant on 1 July in that financial year;
18
or
19
(ii) becomes a marriage celebrant later in that financial
20
year; and
21
(b) the person has not, before the end of the charge payment day,
22
been granted an exemption from liability to pay the charge.
23
The charge must be paid by the end of the charge payment day.
24
Note:
For the imposition and rate of the charge, see the Marriage (Celebrant
25
Registration Charge) Act 2014.
26
(2) The Registrar of Marriage Celebrants must, in respect of a
27
financial year, send each person who is a marriage celebrant on
28
Schedule 1 Amendments relating to fees and charges
Part 1 Amendments relating to annual celebrant registration charge
4
Marriage Amendment (Celebrant Administration and Fees) Bill 2014
No. , 2014
1 July in the financial year, or who becomes a marriage celebrant
1
on a later day in the financial year, a notice that:
2
(a) specifies:
3
(i) the amount of celebrant registration charge that is
4
payable by the person (unless the person is granted an
5
exemption); and
6
(ii) the charge payment day (being a day that is at least 30
7
days after the day on which the notice is sent); and
8
(b) complies with any other requirements prescribed by the
9
regulations relating to the content of the notice, or how it is to
10
be sent.
11
(3) The regulations may do all or any of the following:
12
(a) provide for the granting of exemptions, on grounds specified
13
in the regulations, from liability to pay celebrant registration
14
charge in respect of a financial year;
15
(b) require a fee to be paid in respect of an application for an
16
exemption;
17
(c) provide for internal review of decisions to refuse to grant
18
exemptions.
19
(4) Regulations made for the purpose of paragraph (3)(b) may specify
20
a fee, or provide for a fee to be determined by the Minister by
21
legislative instrument.
22
(5) Regulations made for the purpose of paragraph (3)(c) must provide
23
that the outcome of an internal review of a decision (the original
24
decision) is either:
25
(a) that the original decision is confirmed; or
26
(b) that a different decision is substituted for the original
27
decision, with effect from the time when the original decision
28
was made.
29
(6) An amount of celebrant registration charge that a person is liable to
30
pay:
31
(a) is a debt due by the person to the Commonwealth; and
32
(b) may be recovered by action in a court of competent
33
jurisdiction.
34
Amendments relating to fees and charges Schedule 1
Amendments relating to annual celebrant registration charge Part 1
No. , 2014
Marriage Amendment (Celebrant Administration and Fees) Bill 2014
5
39FB Celebrant registration charge: consequence of non-payment
1
(1) If a person has not, by the end of the charge payment day, paid an
2
amount of celebrant registration charge that the person is liable to
3
pay, the Registrar of Marriage Celebrants must, as soon as
4
practicable after that day, send the person a notice in accordance
5
with subsection (2), unless the Registrar considers that the notice
6
should not be sent at that time because the person's liability to pay
7
the charge may be affected by:
8
(a) the outcome of an application for internal review of a
9
decision to refuse to grant an exemption; or
10
(b) any other circumstance of which the Registrar is aware.
11
Note:
Depending on the outcome of matters referred to in paragraph (a) or
12
(b), it may turn out that the person is not liable to pay the charge.
13
(2) The notice referred to in subsection (1) must:
14
(a) advise the person that, because the person has failed to pay
15
celebrant registration charge, the person will be deregistered
16
as a marriage celebrant after the day specified in the notice
17
(being a day that is at least 7 days after the day on which the
18
notice is sent); and
19
(b) comply with any other requirements prescribed by the
20
regulations relating to the content of the notice, or how it is to
21
be sent.
22
(3) The Registrar of Marriage Celebrants must deregister the person as
23
a marriage celebrant by removing his or her details from the
24
register of marriage celebrants as soon as practicable after the day
25
specified under paragraph (2)(a).
26
Note:
If the person wishes to become a marriage celebrant again, the person
27
may reapply under section 39D.
28
4 At the end of paragraph 39J(1)(c)
29
Add "(including under subsection 39FB(3))".
30
Schedule 1 Amendments relating to fees and charges
Part 2 Amendments relating to fee for applying to become a marriage celebrant
6
Marriage Amendment (Celebrant Administration and Fees) Bill 2014
No. , 2014
Part 2
--Amendments relating to fee for applying to
1
become a marriage celebrant
2
Marriage Act 1961
3
5 Before subsection 39D(1)
4
Insert:
5
Applying for registration
6
6 After subsection 39D(1)
7
Insert:
8
(1A) An application is taken to be made if, and only if:
9
(a) the application complies with subsection (1); and
10
(b) the applicant has either:
11
(i) paid the registration application fee in respect of the
12
application; or
13
(ii) been granted an exemption from liability to pay the
14
registration application fee.
15
Note:
The application is made on the day on which paragraphs (a) and (b)
16
are first satisfied in relation to the application.
17
Registration application fees
18
(1B) The regulations may require a fee (a registration application fee)
19
to be paid in respect of an application.
20
(1C) The regulations may also do all or any of the following:
21
(a) provide for the granting of exemptions, on grounds specified
22
in the regulations, from liability to pay a registration
23
application fee;
24
(b) require a fee to be paid in respect of an application for an
25
exemption;
26
(c) provide for internal review of decisions to refuse to grant
27
exemptions.
28
Amendments relating to fees and charges Schedule 1
Amendments relating to fee for applying to become a marriage celebrant Part 2
No. , 2014
Marriage Amendment (Celebrant Administration and Fees) Bill 2014
7
(1D) Regulations made for the purpose of subsection (1B) or
1
paragraph (1C)(b) may specify a fee, or provide for a fee to be
2
determined by the Minister by legislative instrument.
3
(1E) Regulations made for the purpose of paragraph (1C)(c) must
4
provide that the outcome of an internal review of a decision to
5
refuse to grant an exemption is either:
6
(a) that the refusal decision is confirmed; or
7
(b) that an exemption is granted, with effect from when the
8
internal review decision is made.
9
7 Subsection 39D(2)
10
Repeal the subsection, substitute:
11
How Registrar deals with applications
12
(2) The Registrar must deal with applications in the order in which
13
they are made (see subsection (1A)).
14
8 Paragraph 39D(4)(a)
15
Repeal the paragraph, substitute:
16
(a) the person has made an application (see subsection (1A));
17
and
18
9 Paragraph 39J(2)(a)
19
Omit "under section 39D", substitute "(see subsection 39D(1A))".
20
Schedule 1 Amendments relating to fees and charges
Part 3 Amendments relating to fee for applying for exemption from professional
development requirements
8
Marriage Amendment (Celebrant Administration and Fees) Bill 2014
No. , 2014
Part 3
--Amendments relating to fee for applying for
1
exemption from professional development
2
requirements
3
Marriage Act 1961
4
10 Section 39G
5
Before "A marriage celebrant", insert "(1)".
6
11 At the end of section 39G
7
Add:
8
(2) Without limiting subsection (1), the regulations may require a fee
9
to be paid in respect of an application for an exemption from
10
requirements prescribed by regulations made for the purpose of
11
paragraph (1)(b). The regulations may specify the fee, or provide
12
for the fee to be determined by the Minister by legislative
13
instrument.
14
Amendments relating to fees and charges Schedule 1
Application of amendments Part 4
No. , 2014
Marriage Amendment (Celebrant Administration and Fees) Bill 2014
9
Part 4
--Application of amendments
1
12 Application of amendments made by Part 1
2
(1)
Subject to subitem (2), the amendments made by Part 1 apply in respect
3
of the financial year starting on 1 July 2014 and later financial years.
4
(2)
If this Schedule commences during the financial year starting on 1 July
5
2014 (the 2014 year), but after 1 July 2014, section 39FA of the
6
Marriage Act 1961 (as inserted by item 3) applies in respect of the 2014
7
year as if the references in subsections 39FA(1) and (2) to 1 July in a
8
financial year were instead references to the commencement of this
9
Schedule.
10
13 Application of amendments made by Part 2
11
The amendments made by Part 2 apply in relation to the making of
12
applications for registration as a marriage celebrant on or after the later
13
of:
14
(a) 1 July 2014; and
15
(b) the commencement of this Schedule.
16
14 Application of amendments made by Part 3
17
The amendments made by Part 3 apply in relation to the making of
18
applications for exemptions on or after the later of:
19
(a) 1 July 2014; and
20
(b) the commencement of this Schedule.
21
Schedule 2 Other amendments
Part 1 Amendments relating to forms
10
Marriage Amendment (Celebrant Administration and Fees) Bill 2014
No. , 2014
Schedule 2
--Other amendments
1
Part 1
--Amendments relating to forms
2
Marriage Act 1961
3
1 Paragraph 16(2A)(a)
4
Omit "in the prescribed form".
5
2 Subsection 30(1)
6
Omit "in accordance with the regulations,", substitute "in writing".
7
3 Subsection 39D(1)
8
Repeal the subsection, substitute:
9
(1) A person may apply, in writing, to the Registrar of Marriage
10
Celebrants to be registered as a marriage celebrant.
11
4 Subsection 39D(6)
12
Omit "must notify the person in accordance with regulations made for
13
the purposes of this subsection", substitute "must, as soon as
14
practicable, give the person written notice of the registration".
15
5 Subsection 39D(7)
16
After "the Registrar must", insert ", as soon as practicable,".
17
6 Paragraph 39H(4)(a)
18
Omit ", in accordance with regulations made for the purposes of this
19
paragraph,".
20
7 Paragraph 42(1)(c)
21
Omit "in accordance with the prescribed form", substitute "in writing".
22
8 Paragraph 42(2)(a)
23
Repeal the paragraph, substitute:
24
(a) must contain such particulars in relation to the parties as are
25
prescribed; and
26
Other amendments Schedule 2
Amendments relating to forms Part 1
No. , 2014
Marriage Amendment (Celebrant Administration and Fees) Bill 2014
11
9 Subsection 42(5A)
1
Omit "in the prescribed form".
2
10 Paragraph 42A(1)(b)
3
Omit "in the prescribed form".
4
11 Paragraph 50(1)(b)
5
Omit "in accordance with the prescribed form".
6
12 Subsection 74(1)
7
Omit ", in accordance with the prescribed form,".
8
13 Paragraph 80(1)(b)
9
Omit "in accordance with the prescribed form".
10
14 Subsection 80(8)
11
Omit all the words after "forward to the Registrar", substitute:
12
written notice of the marriage, or of each of the marriages, stating
13
the following:
14
(a) the date and place of the marriage;
15
(b) the full name of each party to the marriage;
16
(c) such other particulars as are prescribed.
17
15 Subsection 84(1)
18
Omit ", in accordance with the prescribed form,".
19
16 Subsection 112(3)
20
Omit ", in the prescribed form,".
21
17 After section 118
22
Insert:
23
119 Approved forms
24
(1) The Minister may, in writing, approve a form for the purpose of a
25
provision of this Act or the regulations. If the Minister approves a
26
form, that form must be used.
27
(2) An approved form may do any of the following:
28
Schedule 2 Other amendments
Part 1 Amendments relating to forms
12
Marriage Amendment (Celebrant Administration and Fees) Bill 2014
No. , 2014
(a) require the form to be accompanied by specified documents;
1
(b) require documents or information to be verified by statutory
2
declaration.
3
(3) The Minister must ensure that an approved form is in force for
4
each of the following provisions:
5
(a) subsection 30(1) (application for registration of minister of
6
religion);
7
(b) subsection 39D(1) (application for registration as a marriage
8
celebrant);
9
(c) paragraph 42(1)(a) (notice of intended marriage);
10
(d) paragraph 42(1)(c) (declaration by parties to marriage);
11
(e) paragraph 50(1)(b) (official certificate of marriage);
12
(f) subsection 74(1) (declaration to be made before chaplain);
13
(g) paragraph 80(1)(b) (official certificate of marriage);
14
(h) subsection 84(1) (certificate of overseas marriage);
15
(i) subsection 112(3) (interpreter's certificate);
16
(j) any provision of the regulations specified by the regulations
17
for the purpose of this paragraph.
18
18 Paragraph 120(a)
19
Repeal the paragraph.
20
Other amendments Schedule 2
Other miscellaneous amendments Part 2
No. , 2014
Marriage Amendment (Celebrant Administration and Fees) Bill 2014
13
Part 2
--Other miscellaneous amendments
1
Marriage Act 1961
2
19 Section 39E
3
Repeal the section.
4
20 Subsections 39H(1) and (2)
5
Repeal the subsections, substitute:
6
(1) The Registrar of Marriage Celebrants may, from time to time,
7
review the performance of a marriage celebrant in respect of a
8
period to determine whether the Registrar considers that the
9
celebrant's performance in the period is satisfactory.
10
Note:
The period to which a review relates is at the discretion of the
11
Registrar.
12
21 Paragraph 39J(1)(a)
13
Omit "(unless a ground for the decision was that the Registrar would
14
breach section 39E by registering the person)".
15
22 Subsection 39J(3)
16
Omit "(even if doing so at the time the action is taken would cause a
17
breach of a limit under section 39E)".
18
23 Subparagraph 42(1)(b)(iii)
19
Omit "; and", substitute "; or".
20
24 At the end of paragraph 42(1)(b)
21
Add:
22
(iv) an Australian passport, showing the date and place of
23
birth of the party; and
24
25 Subsection 115(1)
25
Omit ", as soon as practicable after each 14 March".
26
Schedule 2 Other amendments
Part 3 Transitional provisions
14
Marriage Amendment (Celebrant Administration and Fees) Bill 2014
No. , 2014
Part 3
--Transitional provisions
1
26 Definitions
2
In this Part:
3
amended Act means the Marriage Act 1961 as in force after
4
commencement.
5
commencement means the commencement of this Schedule.
6
old Act means the Marriage Act 1961 as in force immediately before
7
commencement.
8
27 Transitional provision relating to forms
9
If, during the period of 6 months after commencement:
10
(a) a person does something, for the purpose of a provision of
11
the amended Act, using a form that was, immediately before
12
commencement, prescribed by regulations under the old Act
13
for doing that thing; and
14
(b) there is a form approved under section 119 of the amended
15
Act for doing that thing;
16
then, for the purposes of the amended Act, the requirement to use the
17
approved form for doing that thing is taken to have been satisfied by
18
using the prescribed form.
19
28 Transitional provisions relating to amendment made by
20
item 20
21
(1)
If:
22
(a) before commencement, the Registrar of Marriage Celebrants
23
was obliged to conduct a review of a marriage celebrant's
24
performance in respect of a period under section 39H of the
25
old Act; but
26
(b) the review had not been completed by commencement;
27
the obligation to conduct the review ceases on commencement. The
28
Registrar may (at the Registrar's discretion) complete any such review
29
under section 39H of the amended Act.
30
(2)
To avoid doubt, disciplinary measures may, after commencement, be
31
taken in accordance with section 39I of the amended Act in relation to a
32
review that was completed under section 39H of the old Act before
33
Other amendments Schedule 2
Transitional provisions Part 3
No. , 2014
Marriage Amendment (Celebrant Administration and Fees) Bill 2014
15
commencement, or that is completed after commencement as mentioned
1
in subitem (1).
2