Attorney-General's Portfolio Miscellaneous Measures Act 2024 (41 of 2024)

Schedule 3   Amendment of the Marriage Act 1961

Part 1   Deputy Registrars of Marriage Celebrants

Marriage Act 1961

2   At the end of section 39A

Add:

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

6

To establish complaints resolution procedures to resolve complaints about the solemnisation of marriages by marriage celebrants

Paragraph 39K(c)


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