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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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. Item Unit code Unit description 1 CHCCEL402A Establish and maintain knowledge of legal responsibilities of a marriage celebrant 2 CHCCEL403A Develop an effective relationship with a marrying couple 3 CHCCEL404A Plan a marriage ceremony in line with legal requirements 4 CHCCEL405A Conduct and review a marriage ceremony in line with legal requirements (3) For the purposes of paragraph (1)(b), the units are set out in the following table. Item Unit code Unit description 1 CHCCEL005 Establish and maintain marriage celebrancy practice 2 CHCCEL006 Interview clients and plan marriage ceremonies 3 CHCCEL007 Prepare for, present and evaluate marriage ceremonies (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. Item Unit code Unit description 1 APG4729 (formerly CVL4010) Rites of passage: Culture and celebrating life cycle events 2 APG4730 (formerly CVL4020) Life cycle events: Literature, music and life stories 3 APG4731 (formerly CVL4030) Celebrant and client: Legal, ethical and personal issues 4 APG4732 (formerly CVL4040) Professional celebration of rites of passage (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 ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub‑subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub‑Ch = Sub‑Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced Endnote 3—Legislation history Name Registration Commencement Application, saving and transitional provisions Marriage (Celebrancy Qualifications or Skills) Determination 2018 3 July 2018 (F2018L00989) 3 July 2018 (s 2(1) item 1) Marriage (Celebrancy Qualifications or Skills) Amendment (Guidelines) Determination 2021 1 Sept 2021 (F2021L01228) 1 Sept 2021 (s 2(1) item 1) — Endnote 4—Amendment history Provision affected How affected Part 1 s 2..................... rep LA s 48D s 4..................... rep LA s 48C Part 2 s 7..................... am F2021L01228 Schedule 1................ rep LA s 48C