Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) There is to be a position occupied (on an acting, permanent, full - time or part - time basis) by an APS employee in the Department, the duties of which are expressed to consist of, or include, the performance of the functions given to the Registrar of Marriage Celebrants by or under this Act.
(2) The APS employee occupying the position from time to time is the Registrar of Marriage Celebrants .
(3) The Registrar of Marriage Celebrants is to perform those functions and has power to do all things necessary or convenient to be done for or in connection with the performance of those functions.
Delegation
(4) The Registrar of Marriage Celebrants may, in writing, delegate to a Deputy Registrar of Marriage Celebrants any of the functions or powers conferred on the Registrar of Marriage Celebrants by or under this Act, other than:
(a) a function or power under a provision of the Act referred to in the table in subsection (5); or
(b) a function or power prescribed by regulations made for the purposes of this paragraph.
Note: See sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 in relation to delegations.
(5) The following table sets out the functions and powers of the Registrar of Marriage Celebrants under this Act that must not be delegated to a Deputy Registrar of Marriage Celebrants.
Functions and powers under this Act that must not be delegated | ||
Item | Function or power | Provision |
1 | To determine the number and basis of positions of Deputy Registrar of Marriage Celebrants | Subsection 39AA(1) |
2 | To determine the qualifications, and/or skills that a person must have to be registered as a marriage celebrant | Paragraph 39C(1)(b) |
3 | To approve the form of a notice that a person wishes to be identified as a religious marriage celebrant on the register of marriage celebrants | Subsection 39DB(2) |
4 | To require professional development activities | Paragraph 39G(1)(b) |
5 | To take disciplinary measures against a marriage celebrant | Section 39I |
5A | To remove the name of a person from the register of marriage celebrants | Paragraph 39K(aa) |
6 | To establish complaints resolution procedures to resolve complaints about the solemnisation of marriages by marriage celebrants | Paragraph 39K(c) |