Section 30 of the Marriage Act (Chapter 280) requires cancellation in defined circumstances, and section 31 provides a review.
Section 30(1) — the Registrar-General shall cancel if satisfied that
(a) he has requested that his registration be cancelled; or
(b) he has died; or
(c) the denomination by which he was nominated, or in respect of which he is registered, no longer desires that he be registered, or has ceased to be a recognized denomination; or
(d) he — (i) has been guilty of such contravention of this Act as to show him not to be a fit and proper person to be registered; or (ii) has been making a business of solemnizing marriages for the purpose of profit or gain; or (iii) is not a fit and proper person to solemnize marriages; or
(e) he is, for any other reason, not entitled to registration under this Division.
| Grounds | Nature | Show cause notice required? |
|---|---|---|
| (a) Request, (b) death, (c) denomination | Objective facts — nothing to argue about | No |
| (d) Conduct and fitness, (e) any other reason | Matters of judgment affecting the person | Yes — at least two months’ written notice |
A denomination that no longer wants a person registered can bring the registration to an end. Registration under section 27 depends on nomination by the denomination, and section 30(1)(c) allows that nomination to be withdrawn.
Section 32(1)(b) reinforces this: a registered person who ceases to exercise, or ceases to be entitled to exercise, the functions of a minister of religion of the relevant denomination must notify the Registrar-General within one month.
Making a business of solemnizing marriages for the purpose of profit or gain requires cancellation.
That is the counterpart of section 28(2)(c), which allows refusal where an applicant is unlikely to devote a substantial part of his time to the performance of functions generally performed by a minister of religion.
Note that it does not prohibit charging: section 75 expressly preserves the right of a minister who is an authorised celebrant to require or receive a fee. The objection is to a person whose ministry is, in substance, a wedding business.
Sections 30(2) to (4) — the show cause procedure
(2) The Registrar-General shall not cancel on a ground in subsection (1)(d) or (e) unless he has first given, in accordance with the regulations, at least two months’ written notice of his intention to do so on that ground.
(3) The notice shall call on the person to show cause, within the period specified, why his registration should not be cancelled.
(4) The Registrar-General shall consider any representations made within that period.
These are natural justice protections, consistent with section 59 of the Constitution: notice of the ground, a stated period to respond, and an obligation to consider the response.
Section 30(5) — an automatic suspension
A person to whom a notice under subsection (2) is given shall not solemnize a marriage until —
(a) he is notified by the Registrar-General that the Registrar-General has decided not to cancel his registration; or
(b) the Minister has directed under section 31 that his registration be restored.
So the effect is immediate on service of the notice, even though the person remains registered and the process has months to run.
Solemnizing a marriage during that period is capable of engaging section 64. A couple should confirm with a celebrant that no section 30(2) notice is outstanding — and, if in doubt, obtain a certificate of registration from the Registrar-General under section 74.
Section 31 — review by the Minister
(1) Where the Registrar-General refuses to register a person, or cancels a registration under section 30, the person may — within one month, or such further time as the Minister allows — by writing under his hand request the Minister to review the refusal or cancellation.
(2) The Minister shall consider the matter and, after making such investigations as he thinks proper, may —
(a) confirm the refusal or cancellation; or
(b) direct that the person be registered, or that his registration be restored.
It covers both refusal and cancellation — so a person refused registration under section 28(2) has the same remedy.
One month, extendable by the Minister.
The Minister may investigate. This is a merits review, not confined to the material before the Registrar-General — and the Minister directs the outcome, which binds.
Beyond that, a decision of the Registrar-General or the Minister is amenable to judicial review in the National Court on ordinary administrative law grounds.
Section 32(1)(a) separately requires a registered person who changes his name, address or designation to notify the Registrar-General within one month; section 32(2) allows the Registrar-General to amend the registration. Section 33 provides for returns by recognised denominations, including an annual list of registered ministers who are exercising the functions of ministers of that denomination.
Sources
- Marriage Act (Chapter 280) — ss 26–33, 64, 74, 75
- Constitution — s 59
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.