Commonwealth Consolidated Acts

MARRIAGE ACT 1961 - SECT 39D

Applying for registration

  (1)   A person may apply, in writing, to the Registrar of Marriage Celebrants to be registered as a marriage celebrant.

  (1A)   An application is taken to be made if, and only if:

  (a)   the application complies with subsection   (1); and

  (b)   the applicant has either:

  (i)   paid the registration application fee in respect of the application; or

  (ii)   been granted an exemption from liability to pay the registration application fee.

Note:   The application is made on the day on which paragraphs   (a) and (b) are first satisfied in relation to the application.

Registration application fees

  (1B)   The regulations may require a fee (a registration application fee ) to be paid in respect of an application.

  (1C)   The regulations may also do all or any of the following:

  (a)   provide for the granting of exemptions, on grounds specified in the regulations, from liability to pay a registration application fee;

  (b)   require a fee to be paid in respect of an application for an exemption;

  (c)   provide for internal review of decisions to refuse to grant exemptions.

  (1D)   Regulations made for the purpose of subsection   (1B) or paragraph   (1C)(b) may specify a fee, or provide for a fee to be determined by the Minister by legislative instrument.

  (1E)   Regulations made for the purpose of paragraph   (1C)(c) must provide that the outcome of an internal review of a decision to refuse to grant an exemption is either:

  (a)   that the refusal decision is confirmed; or

  (b)   that an exemption is granted, with effect from when the internal review decision is made.

Refund of registration application fee

  (1F)   The Registrar may refund the whole or a part of a registration application fee that was paid in respect of an application by a person to be registered as a marriage celebrant if:

  (a)   the Registrar is not satisfied that the person meets the requirement referred to in paragraph   39C(1)(b) (required qualifications or skills); or

  (b)   the person has been granted an exemption from liability to pay the registration application fee; or

  (c)   any other circumstances prescribed by the regulations for the purposes of this paragraph exist.

  (1G)   The Registrar may refund the whole or a part of a registration application fee under subsection   (1F):

  (a)   on the initiative of the Registrar; or

  (b)   on application by the person who made the application to be registered as a marriage celebrant.

How Registrar deals with applications

  (2)   The Registrar must deal with applications in the order in which they are made (see subsection   (1A)).

  (3)   In dealing with an application, the Registrar:

  (a)   must have regard to the information in the application; and

  (b)   may have regard to any other information in his or her possession; and

  (c)   is not required to seek any further information.

Requests for additional information

  (3A)   The Registrar may, by written notice, request:

  (a)   a person (an applicant ) who has made an application (see subsection   (1A)); or

  (b)   with the applicant's consent, any other person or body who the Registrar considers may have information relevant to the application or the applicant;

to give additional information to the Registrar, within a reasonable period specified in the notice, to assist the Registrar to decide whether to register the applicant as a marriage celebrant.

  (3B)   If the Registrar gives a notice to an applicant or another person or body requesting additional information under subsection   (3A), the Registrar is not required to consider the applicant's application while the Registrar is waiting for the information to be given.

  (3C)   If the Registrar gives a notice to an applicant requesting additional information under subsection   (3A), the applicant's application is taken to have been withdrawn at the end of the period specified in the notice if the additional information is not given to the Registrar within:

  (a)   the specified period; or

  (b)   if the Registrar allows a longer period by written notice given to the applicant--that longer period.

Decision on application

  (4)   The Registrar must register a person as a marriage celebrant if:

  (a)   the person has made an application (see subsection   (1A)); and

  (b)   the Registrar is satisfied that the person is entitled to be registered as a marriage celebrant.

The Registrar must not register a person as a marriage celebrant in any other circumstances.

  (5)   The Registrar registers a person as a marriage celebrant by entering in the register of marriage celebrants all details relating to the person that are required by regulations made for the purposes of this subsection.

  (6)   If the Registrar registers a person as a marriage celebrant, the Registrar must, as soon as practicable, give the person written notice of the registration.

  (7)   If the Registrar decides not to register a person as a marriage celebrant after dealing with the person's application, the Registrar must, as soon as practicable, inform the applicant in writing of:

  (a)   the decision; and

  (b)   the reasons for it; and

  (c)   the person's right under section   39J (if any) to apply for review of the decision.