Marriage (Celebrancy Qualifications or Skills) Determination 2018

made under paragraph 39C(1)(b) of the

Marriage Act 1961

Compilation No. 1

Compilation date: 1 September 2021

Includes amendments up to: F2021L01228

Registered: 10 September 2021

About this compilation

This compilation

This is a compilation of the Marriage (Celebrancy Qualifications or Skills) Determination 2018 that shows the text of the law as amended and in force on 1 September 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1 Name

3 Authority

5 Definitions

Part 2—Qualifications or skills

6 Qualifications or skills required of a marriage celebrant

7 Requirements for Certificate IV in Celebrancy

8 Requirements for celebrancy qualification

Part 3—Application, saving and transitional provisions

9 Application provision relating to the Marriage (Celebrancy Qualifications or Skills) Determination 2018

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

  This instrument is the Marriage (Celebrancy Qualifications or Skills) Determination 2018.

3  Authority

  This instrument is made:

 (a) under paragraph 39C(1)(b) of the Marriage Act 1961; and

 (b) in accordance with section 39 of the Marriage Regulations 2017.

5  Definitions

Note: A number of expressions used in this instrument are defined in the Act or the Marriage Regulations 2017, including the following:

(a) celebrancy qualification;

(b) celebrancy skills;

(c) Certificate IV in Celebrancy;

(d) marriage celebrant.

  In this instrument:

Act means the Marriage Act 1961.

Part 2—Qualifications or skills

6  Qualifications or skills required of a marriage celebrant

  It is necessary for a person to have:

 (a) a Certificate IV in Celebrancy; or

 (b) a celebrancy qualification; or

 (c) celebrancy skills.

7  Requirements for Certificate IV in Celebrancy

 (1) It is necessary that a Certificate IV in Celebrancy includes:

 (a) the units mentioned in subsection (2); or

 (b) the units mentioned in subsection (3).

 (2) For the purposes of paragraph (1)(a), the units are set out in the following table.

 (3) For the purposes of paragraph (1)(b), the units are set out in the following table.

 (4) It is necessary that a Certificate IV in Celebrancy uses the following materials:

 (a) the Act;

 (b) the Marriage Regulations 2017 or the Marriage Regulations 1963;

 (ba) for a Certificate IV in Celebrancy commenced on or after 1 January 2022—the Guidelines on the Marriage Act 1961 for Authorised Celebrants September 2021, published by the Department, as existing on 1 September 2021;

 (c) for any other Certificate IV in Celebrancy—the guidelines mentioned in paragraph (ba) of this subsection or either of the following published by the Department in a form existing before this section commences:

 (i) the Guidelines on the Marriage Act 1961 for Marriage Celebrants;

 (ii) the Guidelines on the Marriage Act 1961 for Authorised Celebrants July 2018;

 (d) the forms (if any) approved by the Minister under subsection 119(1) of the Act for the purposes of the following provisions of the Act:

 (i) section 12 (authorisation of marriage of minor);

 (ii) section 15 (dispensation with consent to marriage of minor);

 (iii) section 16 (consent by Judge or magistrate to marriage of minor);

 (iv) subsection 39D(1) (application for registration as a marriage celebrant);

 (v) paragraph 42(1)(a) (notice of intended marriage);

 (vi) paragraph 42(1)(c) (declaration by parties to marriage);

 (vii) subsection 42(5A) (obligations of marriage);

 (viii) paragraph 50(1)(b) (official certificate of marriage);

 (ix) subsection 112(3) (interpreter’s certificate).

Note: The Guidelines on the Marriage Act 1961 for Authorised Celebrants September 2021 could in 2021 be viewed on the Department’s website (https://www.ag.gov.au).

8  Requirements for celebrancy qualification

 (1) It is necessary that a celebrancy qualification includes the units set out in the following table.

 (2) It is necessary that a celebrancy qualification uses the following materials:

 (a) the Act;

 (b) the Marriage Regulations 2017 or the Marriage Regulations 1963.

 (3) It is necessary that a celebrancy qualification be awarded by Monash University.

Part 3—Application, saving and transitional provisions

9  Application provision relating to the Marriage (Celebrancy Qualifications or Skills) Determination 2018

 (1) This instrument applies in relation to an application for registration as a marriage celebrant made under section 39D of the Act on or after 1 April 2018.

 (2) Despite the repeal of the Marriage (Celebrancy qualifications or skills) Determination 2009 by this instrument, that determination continues to apply in relation to an application for registration as a marriage celebrant that was made under section 39D of the Act if:

 (a) the application was made before 1 April 2018; and

 (b) immediately before 1 April 2018, a decision on the application has not been made.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history