Division 1 of Part V of the Marriage Act (Chapter 280) is how most authorised celebrants obtain their authority.
Section 26 — recognised denominations
The Minister may, by notice in the National Gazette, declare a religious body or a religious organization to be a recognized denomination for the purposes of this Act.
Recognition is the gateway. Only a minister of a recognized denomination may be registered under section 28, so a religious body must first be declared under section 26 before any of its ministers can be registered. Section 1(1) defines “recognized denomination” by reference to such a declaration.
Section 27 — the four qualifications
(a) he is a minister of religion of a recognized denomination; and
(b) he is nominated for registration by that denomination; and
(c) he is ordinarily resident in the country; and
(d) he has attained the age of 21 years.
Nomination by the denomination is essential. An individual cannot apply on their own behalf without the backing of the body. That keeps control of who solemnizes marriages in the denomination’s hands as well as the Registrar-General’s.
Ordinary residence is extended for the Defence Force. Section 25(2) deems a person to be ordinarily resident in the country while serving outside the country as a member of the Defence Force, if immediately before becoming a member he was ordinarily resident here. So a chaplain on overseas service does not lose the qualification.
Section 28 — registration and refusal
Subject to this Division, the Registrar-General shall, on application in accordance with the regulations by a person ordinarily resident in the country who is entitled to registration, register him.
(a) there are already registered sufficient ministers of religion of the denomination to meet the needs of the denomination in the locality in which the applicant resides; or
(b) the applicant is not a fit and proper person to solemnize marriages; or
(c) the applicant is unlikely to devote a substantial part of his time to the performance of functions generally performed by a minister of religion.
(a) Sufficiency. A numbers control, assessed by denomination and locality. It prevents an unnecessary proliferation of celebrants in one place while allowing for genuine need elsewhere.
(b) Fit and proper. The character requirement. It connects to section 30(1)(d)(i), under which registration shall be cancelled where a person has contravened the Act so as to show he is not a fit and proper person.
(c) Substantial part of his time. This ensures registration goes to people who actually function as ministers of religion, not to people seeking the status in order to conduct weddings. It pairs with section 30(1)(d)(ii), which requires cancellation where a person has been making a business of solemnizing marriages for the purpose of profit or gain.
Each ground turns on the opinion of the Registrar-General, so a refusal is reviewable on ordinary administrative law grounds — and section 31 provides expressly for review of a refusal or cancellation.
Section 29 — the effect of registration
A minister of religion who is registered under this Division may solemnize marriages at any place in the country.
That is a nationwide authority, and it is broader than a section 34(2) authorisation, which may be confined to a specified part of the country and made subject to conditions. It satisfies the requirement in section 36 that the celebrant be authorised at the place where the marriage takes place.
Sections 32 and 33 — keeping the register current
- Section 32 — change of particulars for registration. A registered minister must keep the recorded particulars up to date.
- Section 33 — returns by recognized denominations, of persons registered as ministers of religion of the denomination.
- Section 25(1) — a reference to a register in this Division means a register kept for the purposes of the Division.
- Section 76(c) — regulations may prescribe the manner of making application for registration under section 28.
Section 74 makes a certificate of the Registrar-General evidence that a person was, or was not, registered under section 28 at a specified date — and in a prosecution, an averment by the prosecutor that the defendant is the person named in the certificate is evidence of that fact.
That is how a prosecution under section 64 for unauthorised solemnizing is proved. Section 65 separately makes it an offence to give false statements in an application for registration.
Sources
- Marriage Act (Chapter 280) — ss 1, 25–34, 36, 64, 65, 74, 76
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.