Marriage Regulations 2017 Regulation 4 - Compliance with the Act and other laws
Marriage Regulations 2017
In force on 5 Jan 2026Marriage Regulations 2017 Regulation 4
Compliance with the Act and other laws
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4 Compliance with the Act and other laws
Section titled “4 Compliance with the Act and other laws”A marriage celebrant must:
(a) comply with the requirements of the Marriage Act 1961 and the Marriage Regulations 2017 which apply to the marriage celebrant; and
(b) observe the laws of the Commonwealth and of any State or Territory in which the marriage celebrant solemnises marriages; and
(c) avoid unlawful discrimination in the provision of marriage celebrancy services.
5 General requirements for marriage ceremonies
Section titled “5 General requirements for marriage ceremonies”A marriage celebrant must respect the importance of the marriage ceremony to the parties and the other persons organising the ceremony. This includes (without limitation) the following:
(a) giving the parties information and guidance to enable them to choose or compose a marriage ceremony, including information to assist the parties to decide whether a marriage ceremony rehearsal is needed or appropriate;
(b) respecting the privacy and confidentiality of the parties, including by:
(i) arranging for appropriate facilities to interview parties; and
(ii) dealing appropriately with personal documents and personal information; and
(iii) maintaining appropriate facilities for the secure storage of records; and
(iv) ensuring the return of all personal documents belonging to the parties as soon as practicable (unless it is necessary to keep the documents for the ceremony);
(c) giving the parties information about how to notify the Commonwealth Attorney‑General’s Department of any concerns or complaints they may have regarding the marriage services provided by the marriage celebrant.
6 Knowledge and understanding of family relationships services
Section titled “6 Knowledge and understanding of family relationships services”A marriage celebrant must:
(a) maintain an up‑to‑date knowledge about appropriate family relationships services in the community; and
(b) inform the parties to the marriage about the range of information and services available to them to enhance, and sustain them throughout, their relationship.
Schedule 3—Circumstances for authorising marriage despite late notice
Section titled “Schedule 3—Circumstances for authorising marriage despite late notice”Note: See section 72.
1 Employment‑related or other travel commitments
Section titled “1 Employment‑related or other travel commitments”(1) The marriage should be solemnised despite the required notice not having been received in time because a party to the marriage or someone involved with the proposed wedding:
(a) has employment commitments that require the party’s absence from the location of the proposed wedding for a considerable period of time; or
(b) has other travel commitments.
Example 1: A party to the marriage has accepted an offer of employment for imminent transfer or posting overseas or to a part of Australia distant from the location of the proposed wedding for at least 3 months, and wishes to be married with the party’s family and friends present before the departure.
Example 2: A party to the marriage realises that a close relative or friend of the party is in Australia but the relative or friend has a non‑redeemable ticket for departure from Australia within less than a month, and the party wishes the relative or friend to be present at the wedding.
(2) In determining whether a circumstance in subclause (1) is met, the prescribed authority may take into account the following:
(a) documents relating to the employment commitments of a party to the marriage such as a letter of offer and a letter of acceptance;
(b) documents relating to the travel of a person such as a dated receipt or a ticket;
(c) any explanation provided for not giving the notice sooner;
(d) any explanation provided for not postponing the proposed wedding;
(e) whether hardship would be caused to a party to the marriage if the marriage is not solemnised as proposed;
(f) any other matter that the prescribed authority considers relevant.
2 Wedding or celebration arrangements
Section titled “2 Wedding or celebration arrangements”(1) The marriage should be solemnised despite the required notice not having been received in time because of:
(a) the binding nature of the wedding arrangements or celebration arrangements made in connection with the marriage; or
(b) any religious consideration.
Example: Arrangements and non‑refundable payments of a considerable sum have been made for the proposed wedding, or for any celebration associated with the marriage, and the date for the wedding or celebration cannot be changed.
(2) In determining whether a circumstance in subclause (1) is met, the prescribed authority may take into account the following:
(a) documents showing the extent of preparations for the proposed wedding, such as receipts showing dates and amounts of payments connected with the wedding;
(b) in the case of a religious consideration—the nature of the consideration;
(c) any explanation provided for not giving the notice sooner;
(d) any explanation provided for not postponing the proposed wedding;
(e) whether hardship would be caused to a party to the marriage if the marriage is not solemnised as proposed;
(f) any other matter that the prescribed authority considers relevant.
3 Medical reasons
Section titled “3 Medical reasons”(1) The marriage should be solemnised despite the required notice not having been received in time because a party to the marriage, or someone involved with the proposed wedding, is suffering from a medical condition of a serious nature.
Example: A party to the marriage, or a parent or close relative of the party, has a serious illness that will prevent the person from attending the wedding unless it is held in less than a month.
(2) In determining whether the circumstance in subclause (1) is met, the prescribed authority may take into account the following:
(a) a letter from a medical practitioner or other health professional confirming the relevant health circumstances of a party to the marriage or a person involved with the proposed wedding;
(b) any explanation provided for not giving the notice sooner;
(c) any other matter that the prescribed authority considers relevant.
4 Legal proceedings
Section titled “4 Legal proceedings”(1) The marriage should be solemnised despite the required notice not having been received in time because a party to the marriage is involved in a legal proceeding.
Example: A party to the marriage is subject to a pending court proceeding, and is at risk of imprisonment.
(2) In determining whether the circumstance in subclause (1) is met, the prescribed authority may take into account the following:
(a) a sealed copy of any applicable court order;
(b) a letter from the party’s solicitor stating the dates and nature of a pending court proceeding;
(c) any explanation provided for not giving the notice sooner;
(d) any explanation provided for not postponing the proposed wedding;
(e) whether hardship would be caused to a party to the marriage if the marriage is not solemnised as proposed;
(f) any other matter that the prescribed authority considers relevant.
5 Error in giving notice
Section titled “5 Error in giving notice”(1) The marriage should be solemnised despite the required notice not having been received in time because:
(a) it was due only to error on the part of an authorised celebrant (or a person the parties to the marriage believed to be an authorised celebrant) that:
(i) the notice was not given; or
(ii) the notice given was invalid; or
(iii) a notice given earlier was lost; and
(b) arrangements have been made for the proposed wedding to take place within less than one month.
Example 1: The parties have given significant notice to the authorised celebrant orally, and arrangements for the proposed wedding have been made, but written notice was not given in the required time because the authorised celebrant failed to explain the notice requirements properly.
Example 2: The parties have given written notice in the required time, and arrangements for the proposed wedding have been made, but the notice is invalid because the person to whom the notice was given was not yet registered as a marriage celebrant.
Example 3: The parties gave written notice in the required time, and arrangements for celebrations have been made to follow the marriage ceremony, but the original notice was lost by the authorised celebrant and the replacement notice was not given in the required time.
(2) In determining whether the circumstance in subclause (1) is met, the prescribed authority may take into account the following:
(a) documents confirming why the notice was not given, such as a letter confirming an earlier interview between the authorised celebrant and the parties to the marriage;
(b) a letter from the person to whom the notice was given explaining why the notice was invalid or lost;
(c) documents showing the arrangements made in connection with the proposed wedding;
(d) any other matter that the prescribed authority considers relevant.
Schedule 4—Specified offices of States and Territories
Section titled “Schedule 4—Specified offices of States and Territories”Note: See section* *75.
1 Specified offices of States and Territories
Section titled “1 Specified offices of States and Territories”The following offices of States and Territories are specified.
| Specified offices of States and Territories | ||||
|---|---|---|---|---|
| Item | For this State or Territory … | the specified offices are … | ||
| 1 | New South Wales | (a) Registrar of Births, Deaths and Marriages; and (b) the following offices in the Registry of Births, Deaths and Marriages: (i) Deputy Registrar; (ii) Officer‑in‑charge, Registration Division; (iii) Marriage Officer | ||
| 2 | Victoria | (a) Registrar of Births, Deaths and Marriages; and (b) the following offices in the Registry of Births, Deaths and Marriages: (i) Deputy Director, Operations; (ii) Operations Manager; (iii) Registry Team Manager; (iv) Registry Support Co‑ordinator; (v) Registry Officer | ||
| 3 | Queensland | (a) Registrar‑General; and (b) Deputy Registrar‑General; and (c) the following offices in the Registry of Births, Deaths and Marriages: (i) Registry Team Leader; (ii) Registry Officer; (iii) Manager ‑ Client Services; (iv) Manager ‑ Registration Services; (v) Business Services Manager; (vi) Business Support Manager; (vii) Client Relationship Manager; (viii) Community Liaison Officer; (ix) Compliance and Investigations Officer; (x) Continuous Improvement Officer; (xi) Coordinator Client Relationships Management; (xii) Customer Contact Officer; (xiii) Executive Support Officer; (xiv) Human Resources Officer; (xv) Manager ‑ Compliance and Corporate Services; (xvi) Senior Team Leader Registrations; (xvii) Vendor and Contracts Manager; and (d) the following offices for a court of Queensland: (i) Government Agency Manager; (ii) Registrar; (iii) Deputy Registrar; (iv) Senior Registrar; (v) Deputy Senior Registrar; (vi) Executive Director; (vii) Executive Officer; (viii) Administrative Officer; (ix) Court Services Officer; (x) Courts Coordinator; (xi) QLD Government Agency Officer; (xii) Regional Director; (xiii) Registry Services Officer | ||
| 4 | Western Australia | (a) Registrar of Births, Deaths and Marriages; and (b) Deputy Registrar of Births, Deaths and Marriages; and (c) the following offices in the Registry of Births, Deaths and Marriages: (i) Manager (Registrations and Policy); (ii) Manager (Marriage Services); (iii) Team Super (Marriage Services); (iv) Team Supervisor (Marriage Services); (v) Marriage Services Lodgement Officer; (vi) Marriage Services Officer; (vii) Records Management Officer | ||
| 5 | South Australia | (a) Registrar of Births, Deaths and Marriages; and (b) Deputy Registrar of Births, Deaths and Marriages; and (c) the following offices in the Department administering the Births, Deaths and Marriages Registration Act 1996 (SA): (i) Team Leader; (ii) Senior Client Services Officer; (iii) Client Services Officer; (iv) Project Officer; (v) Marriage Officer; (vi) Branch Admin Officer | ||
| 6 | Tasmania | Registrar of Births, Deaths and Marriages | ||
| 7 | Northern Territory | (a) Registrar of Births, Deaths and Marriages; and (b) Deputy Registrar of Births, Deaths and Marriages, Darwin; and (c) Deputy Registrar of Births, Deaths and Marriages, Alice Springs | ||
Schedule 5—Prescribed overseas countries
Section titled “Schedule 5—Prescribed overseas countries”Note: See section 83.
1 Prescribed overseas countries
Section titled “1 Prescribed overseas countries”The following overseas countries are prescribed.
| Prescribed overseas countries | |
|---|---|
| Item | Overseas countries |
| 1 | Argentina |
| 2 | Bangladesh |
| 3 | Brazil |
| 4 | Brunei Darussalam |
| 5 | Cambodia |
| 6 | Canada |
| 7 | Chile |
| 8 | China |
| 9 | Czech Republic |
| 10 | Denmark |
| 11 | Egypt |
| 12 | Fiji |
| 13 | France |
| 14 | Germany |
| 15 | Hungary |
| 16 | India |
| 17 | Indonesia |
| 18 | Iraq |
| 19 | Ireland |
| 20 | Italy |
| 21 | Japan |
| 22 | Jordan |
| 23 | Kenya |
| 24 | Malaysia |
| 25 | Mozambique |
| 26 | Nepal |
| 27 | Netherlands |
| 28 | New Zealand |
| 29 | Norway |
| 30 | Pakistan |
| 31 | Papua New Guinea |
| 32 | Philippines |
| 33 | Poland |
| 34 | Portugal |
| 35 | Qatar |
| 36 | Republic of Korea |
| 37 | Singapore |
| 38 | South Africa |
| 39 | Spain |
| 40 | Sri Lanka |
| 41 | Sweden |
| 42 | Thailand |
| 43 | Timor Leste |
| 44 | Tonga |
| 45 | Turkey |
| 46 | United Arab Emirates |
| 47 | United Kingdom |
| 48 | United States of America |
| 49 | Uruguay |
| 50 | Zimbabwe |
Endnotes
Endnote 1—About the endnotes
Section titled “Endnote 1—About the endnotes”The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
Section titled “Endnote 2—Abbreviation key”
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Endnote 3—Legislation history
Section titled “Endnote 3—Legislation history”| Name | Registration | Commencement | Application, saving and transitional provisions |
|---|---|---|---|
| Marriage Regulations 2017 | 17 Oct 2017 (F2017L01359) | 1 Apr 2018 (s 2(1) item 1) | |
| Marriage Amendment (2021 Measures No. 1) Regulations 2021 | 14 Oct 2021 (F2021L01435) | 1 Jan 2022 (s 2(1) item 1) | — |
| Marriage Amendment (Authorised Celebrants and Other Measures) Regulations 2024 | 8 July 2024 (F2024L00869) | 9 July 2024 (s 2(1) item 1) | — |
| Administrative Review Tribunal Legislation Consequential Amendments (2024 Measures No. 1) Regulations 2024 | 11 Oct 2024 (F2024L01299) | Sch 2 (item 34): 14 Oct 2024 (s 2(1) item 1) | — |
Endnote 4—Amendment history
Section titled “Endnote 4—Amendment history”| Provision affected | How affected |
|---|---|
| Part 1 | |
| s 2 | rep LA s 48D |
| s 4 | rep LA s 48C |
| s 5 | am F2021L01435; F2024L00869 |
| Part 2 | |
| Division 1 | |
| s 8 | am F2021L01435 |
| Part 3 | |
| Division 2 | |
| Subdivision A | |
| s 43 | am F2021L01435; F2024L00869 |
| s 44 | am F2021L01435 |
| s 49 | am F2021L01435 |
| s 51 | am F2024L01299 |
| s 53 | am F2021L01435 |
| s 58A | ad F2021L01435 |
| s 60 | am F2021L01435 |
| Division 3 | |
| s 73 | am F2021L01435 |
| s 77 | am F2021L01435 |
| Part 4 | |
| s 79 | am F2021L01435 |
| s 80 | am F2021L01435 |
| s 82 | am F2021L01435 |
| Part 6 | |
| Division 1 | |
| Division 1 heading | ad F2021L01435 |
| Division 2 | |
| Division 2 | ad F2021L01435 |
| s 98 | ad F2021L01435 |
| Division 3 | |
| Division 3 | ad F2024L00869 |
| s 99 | ad F2024L00869 |
| Schedule 2 | |
| c 2 | am F2024L00869 |
| Schedule 6 | rep LA s 48C |