Marriage Amendment Regulations 2006 (No. )

Marriage Amendment Regulations 2006 (No. 2)1

Select Legislative Instrument 2006 No. 208

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Marriage Act 1961.

Dated 10 August 2006

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

PHILIP RUDDOCK

Attorney‑General

1 Name of Regulations

These Regulations are the Marriage Amendment Regulations 2006 (No. 2).

2 Commencement

These Regulations commence on 1 September 2006.

3 Amendment of Marriage Regulations 1963

Schedule 1 amends the Marriage Regulations 1963.

Schedule 1 Amendments

(regulation 3)

[1] Regulation 37K, heading

substitute

37K Capping number of marriage celebrants (Act s 39E)

[2] Subregulation 37K (1), definitions of existing marriage celebrant, first registration year and later registration year

omit

[3] Subregulations 37K (3) and (4)

substitute

(3) For this regulation, a person who has applied for registration as a marriage celebrant is taken to have applied for registration in the region where the person’s principal place of residence is, as stated in his or her application for registration.

(4) For subsection 39E (1) of the Act, the number of persons that may be registered as marriage celebrants in a region in a registration year is limited to:

(a) for the registration year beginning 1 September 2006:

(i) the number that is 20% (if not a whole number, rounded up to the next whole number) of the number of marriage celebrants in that region on the day before 1 September 2006; or

(ii) if there is no marriage celebrant in that region on that date — 1; and

(b) for the registration year beginning 1 September 2007:

(i) the number that is 20% (if not a whole number, rounded up to the next whole number) of the number of marriage celebrants in that region on the day before 1 September 2007; or

(ii) if there is no marriage celebrant in that region on that date — 1.

Note If the Registrar of Marriage Celebrants decides not to register a person as a marriage celebrant on the ground that the relevant limit would be breached by the registration, the Registrar must notify the person in accordance with Part C of Form 12B — see paragraph 37J (2) (b).