PART 12 OFFENCES The following Part outlines the offences contained in the Marriage Act that are relevant to celebrants, couples and other persons involved in the marriage ceremony. 12.1 WHY IT IS IMPORTANT FOR CELEBRANTS TO KNOW OFFENCES UNDER THE MARRIAGE ACT It is important that celebrants are aware of Marriage Act offences as they reflect the serious nature of the legal obligations attending the role and responsibilities of the celebrant. They also reflect the importance of couples taking due care in supplying material to the celebrant in relation to their marriage. A marriage at which a celebrant has officiated and in which false or inaccurate statements are made on a NOIM, or a ceremony at which an unauthorised person has purported to solemnise a marriage, may still be valid under section 48 of the Marriage Act. Despite this, a celebrant may find themselves facing an investigation for potentially breaching one of the offence provisions because the celebrant has not fulfilled their responsibilities and duties under the Marriage Act properly. This reflects the policy approach underlying the Marriage Act which places the responsibility on the celebrant to ensure that only valid marriages are solemnised under the Marriage Act and that all the requirements of the Marriage Act are followed. Section 48 may protect the validity of the marriage of a couple from many of a celebrant’s failings, but the celebrant may still be subject to the offence provisions. 12.2 OFFENCES RELEVANT TO CELEBRANTS Under the Marriage Act the following offences may be committed by a celebrant. 12.2.1 Section 99 – solemnising marriage where notice or declaration not given or made etc Section 99 of the Marriage Act provides that it is an offence for a celebrant or person to solemnise a marriage Australia in contravention of the following sections in the Act: Section 13 – provides that a marriage must not be solemnised if the appropriate consents required for the marriage of an underage person have not been obtained. Subsection 33(3) provides that a person who has been served a notice under subsection 33, shall not solemnise a marriage unless and until the person has been notified that the Registrar of Ministers of Religion has decided not to remove the person’s name from the register; a period of 14 days has elapsed from the date the person was notified by the
PART 12 OFFENCES The following Part outlines the offences contained in the Marriage Act that are relevant to celebrants, couples and other persons involved in the marriage ceremony. 12.1 WHY IT IS IMPORTANT FOR CELEBRANTS TO KNOW OFFENCES UNDER THE MARRIAGE ACT It is important that celebrants are aware of Marriage Act offences as they reflect the serious nature of the legal obligations attending the role and responsibilities of the celebrant. They also reflect the importance of couples taking due care in supplying material to the celebrant in relation to their marriage. A marriage at which a celebrant has officiated and in which false or inaccurate statements are made on a NOIM, or a ceremony at which an unauthorised person has purported to solemnise a marriage, may still be valid under section 48 of the Marriage Act. Despite this, a celebrant may find themselves facing an investigation for potentially breaching one of the offence provisions because the celebrant has not fulfilled their responsibilities and duties under the Marriage Act properly. This reflects the policy approach underlying the Marriage Act which places the responsibility on the celebrant to ensure that only valid marriages are solemnised under the Marriage Act and that all the requirements of the Marriage Act are followed. Section 48 may protect the validity of the marriage of a couple from many of a celebrant’s failings, but the celebrant may still be subject to the offence provisions. 12.2 OFFENCES RELEVANT TO CELEBRANTS Under the Marriage Act the following offences may be committed by a celebrant. 12.2.1 Section 99 – solemnising marriage where notice or declaration not given or made etc Section 99 of the Marriage Act provides that it is an offence for a celebrant or person to solemnise a marriage Australia in contravention of the following sections in the Act: Section 13 – provides that a marriage must not be solemnised if the appropriate consents required for the marriage of an underage person have not been obtained. Subsection 33(3) provides that a person who has been served a notice under subsection 33, shall not solemnise a marriage unless and until the person has been notified that the Registrar of Ministers of Religion has decided not to remove the person’s name from the register; a period of 14 days has elapsed from the date the person was notified by the
guidelines-marriage-act-1961-authorised-celebrants.DOCX