Commonwealth Numbered Regulations - Explanatory Statements

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MARRIAGE AMENDMENT REGULATION 2016 (NO. 1) (F2016L00303)

EXPLANATORY STATEMENT

Issued by the authority of the Attorney-General

Marriage Act 1961

Marriage Amendment Regulation 2016 (No. 1)

The Marriage Act 1961 (the Act) establishes the Marriage Celebrants Programme.

Section 120 of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters that the Act requires or permits to be prescribed or are necessary or convenient to be prescribed for carrying out and giving effect to the Act. 

The purpose of the Regulation is to amend the Marriage Regulations 1963, to update the definition of the Certificate IV in Celebrancy qualification arising from the release of a revised Certificate IV in Celebrancy in December 2015. The Certificate IV in Celebrancy is part of a broader training package developed by the former Community Services and Health Industry Skills Council.

The definition of Certificate IV in Celebrancy in regulation 37F is amended by removing the reference to the qualification's release date and the reference to the Community Services and Health Industry Skills Council which was abolished at the end of 2015. To ensure the definition remains current, the reference to the Marriage (Celebrancy qualification or skills) Determination 2009 is also removed.

Consequential amendments to subparagraph 37G(1)(a)(ii) remove the reference to the Marriage (Celebrancy qualification or skills) Determination 2009 from the definition of Certificate IV in Celebrancy. The amendment to subparagraph 37G(1)(a)(ii) continues the requirement that the Certificate IV in Celebrancy includes all the units the Registrar of Marriage Celebrants determines to be necessary for registration as a marriage celebrant.

The Office of Best Practice Regulation was consulted about the Regulation and advised that a Regulatory Impact Statement is not necessary, as the amendments are minor and machinery in nature.

The Regulation is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Regulation will commence the day after the instrument is registered on the Federal Register of Legislative Instruments.

Authority:       Section 120 of the Marriage Act 1961.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Marriage Amendment Regulation 2016 (No. 1)

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Regulation

The Regulation amends the Marriage Regulations 1963 (the Principal Regulations) to update the definition of the Certificate IV in Celebrancy qualification by removing the reference to the qualification's release date and the reference to the Community Services and Health Industry Skills Council which was abolished at the end of 2015. To ensure the definition remains current, the reference to the Marriage (Celebrancy qualification or skills) Determination 2009 is also removed.

Human rights implications

The Regulation does not engage any of the applicable rights or freedoms.

Conclusion

This Regulation is compatible with human rights as it does not raise any human rights issues.

Attorney-General Senator the Hon George Brandis QC