Marriage Regulations 2017 (Cth)

Marriage Regulations 2017 made under the

Marriage Act 1961

Compilation No. 3

Compilation date: 14 October 2024

Includes amendments: F2024L01299

About this compilation

This compilation

This is a compilation of the Marriage Regulations 2017 that shows the text of the law as amended and in force on 14 October 2024 (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 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 6 Appropriate registering authority for a marriage Part 2—Marriage of minors Division 1—Authorisation of marriage of minor 7 Application for authorisation of marriage of minor 8 Order authorising marriage Division 2—Consent to marriage of minor 9 Consent of parent etc. to marriage of minor 10 Consent not in English 11 Translation of consent Division 3—Dispensing with consent to marriage of minor 12 Application to dispense with consent 13 Notice of dispensation or refusal to dispense with consent Division 4—Consent by Judge or magistrate in place of parent etc. 14 Consent by Judge or magistrate to marriage of minor 15 Re‑hearing of application for consent to marriage of a minor 16 Notice of request to be served on magistrate Division 5—Practice and procedure in relation to inquiries 17 Application of this Division 18 Affidavits in support of application or request 19 Time and place of inquiry 20 Inquiries 21 Forwarding documents to Judge or magistrate conducting inquiry 22 Power to summons a person to attend an inquiry etc. 23 Power to examine on oath or affirmation 24 Offence in relation to failure to comply with summons 25 Offence in relation to refusal to be sworn 26 Offence in relation to refusal to answer 27 Offence in relation to insulting or disturbing a Judge or magistrate 28 Offence in relation to using insulting language 29 Offence in relation to interrupting an inquiry 30 Offence in relation to improper influence 31 Offence in relation to bringing Judge or magistrate into disrepute 32 Protection of Judges and magistrates etc. 33 Return of documents to applicant Part 3—Solemnisation of marriages in Australia Division 1—Ministers of religion 34 Notice of intention to remove person's name from register 35 Notice of removal of person's name from register 36 Notice of change of address etc. 37 Notice seeking information about ministers of religion 38 Annual list of ministers of religion Division 2—Marriage celebrants Subdivision A—General provisions 39 Qualifications and skills required of a marriage celebrant 40 Minister may determine fees 41 Application for exemption from registration application fee 42 Decision on application for exemption from registration application fee 43 Details in register of marriage celebrants 44 Notice of liability for celebrant registration charge 45 Automatic exemption from first year of celebrant registration charge—person exempt from registration application fee 46 Automatic exemption from celebrant registration charge—person resigns as a marriage celebrant etc. 47 Minister may determine charge exemption application fee 48 Application for exemption from celebrant registration charge 49 Decision on application for exemption from celebrant registration charge 50 Internal review of decision to refuse to grant certain exemptions 51 Notice about non‑payment of celebrant registration charge 52 Code of Practice for marriage celebrants 53 Professional development for marriage celebrants 54 Automatic exemption from undertaking professional development activities for certain marriage celebrants 55 Exemption from undertaking professional development activities for late year registration 56 Minister may determine professional development exemption application fee 57 Application for exemption from undertaking professional development activities 58 Decision on application for exemption from undertaking professional development activities 58A Notification of changes to details provided by marriage celebrants 59 Performance reviews 60 Disciplinary measures 61 Records to be kept by Registrar of Marriage Celebrants Subdivision B—Complaints resolution procedures 62 Complaints resolution procedures for complaints relating to marriage celebrants 63 Approved form for complaint 64 Registrar may request more information 65 Decision on whether to deal with complaint 66 Ceasing to deal with complaints in certain circumstances 67 Notice to marriage celebrant if Registrar decides to deal with complaint 68 Procedure after notice given to marriage celebrant 69 Procedure if marriage celebrant has contravened, or committed an offence against, a provision of the Act etc. Division 3—Marriages by authorised celebrants 70 Notice of intended marriage and related documents 71 Declaration before authorised celebrant 72 Notice of intended marriage received less than one month before solemnisation 73 Certificate of marriage 74 Offences in relation to record keeping 75 Only one official certificate to be prepared by certain authorised celebrants 76 Forwarding of official certificate etc. to appropriate registering authority for a marriage 77 Dealing with retained official certificates 78 Lost official certificates Part 4—Marriages of members of the Defence Force overseas 79 Declaration before authorised celebrant 80 Marriage certificates for marriages solemnised overseas 81 Offences in relation to record keeping 82 Dealing with retained official certificates 83 Prescribed overseas countries Part 5—Miscellaneous 84 Endorsement in case of second marriage ceremony Part 6—Transitional, application and savings provisions Division 1—The repeal of the old regulations 85 Pre‑commencement applications for exemption from registration application fee 86 Pre‑commencement applications for exemption from celebrant registration charge 87 Pre‑commencement applications for internal review of refusal to grant certain exemptions 88 Internal review of pre‑commencement decisions to refuse to grant certain exemptions 89 Pre‑commencement complaints about the solemnisation of marriages by marriage celebrants 90 Application—re‑hearing of application for consent to marriage of a minor 91 Application—application for exemption from celebrant registration charge 92 Application—professional development activities for marriage celebrants 93 Application—complaints resolution procedures 94 Savings—notice given to recognised denomination 95 Savings—determination of qualifications and skills required of marriage celebrants 96 Savings—determinations of fees 97 Savings—authorisation of suppliers of marriage certificates Division 2—Amendments made by the Marriage Amendment (2021 Measures No. 1) Regulations 2021 98 Application—marriages of members of the Defence Force overseas Division 3—Amendments made by the Marriage Amendment (Authorised Celebrants and Other Measures) Regulations 2024 99 Application—removal from register of marriage celebrants Schedule 1—Form of certificate of marriage Schedule 2—Code of Practice for marriage celebrants 1 Application of this Code of Practice 2 High standard of service 3 Recognition of significance of marriage 4 Compliance with the Act and other laws 5 General requirements for marriage ceremonies 6 Knowledge and understanding of family relationships services Schedule 3—Circumstances for authorising marriage despite late notice 1 Employment‑related or other travel commitments 2 Wedding or celebration arrangements 3 Medical reasons 4 Legal proceedings 5 Error in giving notice Schedule 4—Specified offices of States and Territories 1 Specified offices of States and Territories Schedule 5—Prescribed overseas countries 1 Prescribed overseas countries Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history