Federal Register of Legislation - Australian Government

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Certificates/Attorney-General as made
This instrument defers the sunsetting of the Marriage (Recognised Denominations) Proclamation 2007 from 1 April 2018 to 1 April 2019.
Administered by: Attorney-General's
Made 05 Sep 2017
Registered 11 Sep 2017
Tabled HR 12 Sep 2017
Tabled Senate 13 Sep 2017
To be repealed 02 Apr 2019
Repealed by Self Repealing
Table of contents.

 

Legislation (Deferral of Sunsetting—Marriage (Recognised Denominations) Proclamation) Certificate 2017

I, George Brandis QC, Attorney‑General, make the following certificate.

Dated   5 September 2017

George Brandis QC

Attorney‑General

 

 

  

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

5............ Statement of reasons for issue of certificate................................................................... 1

6............ Deferral of sunsetting of the Marriage Proclamation..................................................... 2

7............ Repeal of this instrument............................................................................................... 2

 


1  Name

                   This instrument is the Legislation (Deferral of Sunsetting—Marriage (Recognised Denominations) Proclamation) Certificate 2017.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

12 September 2017

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under paragraph 51(1)(c) of the Legislation Act 2003.

4  Definitions

                   In this instrument:

Legislation Act means the Legislation Act 2003.

Marriage Proclamation means the Marriage (Recognised Denominations) Proclamation 2007.

5  Statement of reasons for issue of certificate

                   For the purposes of paragraph 51(2)(a) of the Legislation Act, this section sets out the statement of the reasons for the issue of this certificate.

Statement of reasons

                   I am satisfied that the Marriage Proclamation would, apart from the operation of Part 4 of Chapter 3 of the Legislation Act, be likely to cease to be in force within 12 months after the sunsetting day for the Marriage Proclamation.

                   Section 26 of the Marriage Act 1961 provides that the Governor‑General may, by Proclamation, declare a religious body or a religious organisation to be a recognised denomination for the purposes of that Act. The Marriage Proclamation commenced on 9 October 2007 and there are currently 141 recognised denominations.

                   In 2013, the guidelines that recognised denominations must meet for inclusion in the Marriage Proclamation were updated. It is likely that a number of the current recognised denominations do not meet the updated guidelines. Furthermore, there may be a number of recognised denominations in the Marriage Proclamation that are no longer in existence.

                   The Attorney‑General’s Department has decided to undertake a review of the Marriage Proclamation by inviting all of the current recognised denominations to reapply to be proclaimed. The review and the application process will take a number of months to complete.

                   The Marriage Proclamation is due to sunset on 1 April 2018. A 12 month deferral of the sunsetting date for the Marriage Proclamation will avoid the need to remake it in its current form for the short period before the review and application process is completed.

 6  Deferral of sunsetting of the Marriage Proclamation

                   The Marriage Proclamation, for which the sunsetting day is 1 April 2018, is taken to cease to be in force under section 51 of the Legislation Act on 1 April 2019.

7  Repeal of this instrument

                   This instrument is repealed at the start of 2 April 2019.