Marriage Celebrants special E-bulletin September 2002
Marriage Amendment Bill 2002 Receives Royal Assent
The information contained in this particular e-bulletin will also be distributed to all authorised marriage celebrants via Australia Post as soon as possible. The package will contain important information that must be read by all authorised marriage celebrants.
Some aspects of the Marriage Amendment Bill 2002 take effect in November
You will now be aware that the Marriage Amendment Bill 2002 was passed by Federal Parliament on 23 September 2002. The changes that affect the system for appointing marriage celebrants (Schedule 1) of the Marriage Amendment Act 2002 will come into force on a date to be fixed by proclamation. A separate letter will be sent to you about these changes.
Importantly, there are a number of changes which take effect on the 28th day after the Amendment Act receives Royal Assent. Royal Assent has been advised to have occurred on 8 October 2002.
Therefore, you will be required to adhere to the following new requirements from 5 November 2002:
Changes to the Notice of Intended Marriage
The Marriage Amendment Act 2002 has made several significant changes to the Notice of Intended Marriage. While the notice still must be given one month before the date of the wedding, notices given on or after 5 November 2002 are valid for 18 months. Notices received before 5 November 2002 are not affected by this change and remain valid for only 6 months.
Under the Amendment Act, the range of persons who can witness a notice outside Australia has been widened and now includes:
- An Australian Diplomatic Officer
- An Australian Consular Officer
- A Notary Public
- An employee of the Commonwealth authorised under paragraph 3(c) of the Consular Fees Act 1995, or
- An employee of the Australian Trade Commission authorised under paragraph 3(c) of the Consular Fees Act 1995
These changes take effect from 5 November 2002.
The list of persons who can witness the notice in Australia remains unchanged.
Passports
A passport issued by a government of an overseas country, showing the date and place of the party's birth will be acceptable identification for the purposes of section 42(b) of the Marriage Amendment Act 2002. this change will take effect from 5 November 2002. Persons born in Australia must still produce a birth certificate.
Prescribed Authorities
There are two changes affecting arrangements for prescribed authorities.
The first is that a prescribed authority must be an officer or employee of the Commonwealth, a State or a Territory. Justices of the Peace who are already prescribed authorities will continue in that role under the Amendment Act. However, from 5 November 2002 neither Marriage Celebrants nor Justices of the Peace will be appointed as prescribed authorities.
The second change relates to the shortening of time. The Marriage Amendment Act 2002 provides that prescribed authorities must be satisfied that one or more of the circumstances prescribed by guidelines in the Regulations is present before they can allow a marriage to be solemnised if the required notice has not been given. Regulations are being developed which will incorporate guidelines to assist prescribed authorities to fulfil their role.
This change will bring greater consistency to decisions to shorten time.
Witnessing consents of parents etc overseas
The list of persons who can witness consents overseas has been expanded to include a minister of religion of that place, a judge of a court of that place, a magistrate or justice of the peace of or for that place, an employee of the Commonwealth authorised under paragraph 3(c) of the Consular Fees Act 1995 or an employee of the Australian Trade Commission authorised under paragraph 3(c) of the Consular Fees Act 1995. This change comes into effect on 5 November 2002. The list of persons who can witness consents in Australia remains unchanged.
This e-bulletin is sent to a limited number of marriage celebrants (primarily celebrant association representatives). Therefore, contact officers from associations who receive this bulletin are requested to distribute this message widely and/or to alert their members to access the bulletin on the internet at www.ag.gov.au/celebrants.
It is important that all celebrants familiarise themselves with these new requirements and implement them as of 5 November 2002.
Please direct any queries concerning these amendments to the Marriage Celebrants Section on (02) 6250 6496.