Commonwealth Consolidated Regulations

MARRIAGE REGULATIONS 1963 - REG 42

         (1)   An authorized celebrant who is a minister of religion registered under Division 1 of Part IV of the Act on the nomination of or in respect of a recognized denomination shall incorporate the retained official certificate of a marriage solemnized by him or her:

                (a)    if the marriage was solemnized in a church of that denomination that is in a parish or other district in charge of a minister of religion of that denomination -- with the records of that parish or other district;

               (b)    if the marriage was solemnized in a church of that denomination other than a church referred to in the last preceding paragraph -- with the records of that church; or

                (c)    in any other case -- with the records of the denomination according to the rites of which the marriage was solemnized.

         (2)   If an authorized celebrant under subsection 39  (1) of the Act solemnizes a marriage, he or she must:

                (a)    if a law of the State or Territory in which the marriage is solemnized requires the celebrant to do anything for the purpose of binding the retained official certificate of the marriage into a register or for the disposal of the retained official certificate in some other manner -- deal with the retained official certificate as required by that law; or

               (b)    in any other case -- after 3 months after the date of solemnization of the marriage:

                          (i)    send the retained official certificate of the marriage to the appropriate registering authority of the State or Territory where the marriage was solemnized; or

                         (ii)    dispose of that certificate in the manner authorized by the appropriate registering authority.

         (3)   If an authorized celebrant under subsection 39  (2) of the Act solemnizes a marriage, he or she may destroy the retained official certificate of the marriage at any time after 6 years after the date of solemnization of the marriage.

         (4)   For subregulation (2), the appropriate registering authority of a State or Territory is the registering authority mentioned in column 3 of the item in Schedule 2 relating to that State or Territory.