Marriage Amendment Regulations 2009 (No. 1)

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Marriage Amendment Regulations 2009 (No. 1)1
Select Legislative Instrument 2009 No. 200
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Marriage Act 1961.
Dated 12 August 2009
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
ROBERT McCLELLAND
Attorney-General
Contents
                        1     Name of Regulations                                                        2
                        2     Commencement                                                              2
                        3     Amendment of Marriage Regulations 1963                          2
Schedule 1             Amendments commencing on day after registration     3
Schedule 2             Amendments commencing on 3 February 2010             8
 
 
1              Name of Regulations
                These Regulations are the Marriage Amendment Regulations 2009 (No. 1).
2              Commencement
                These Regulations commence as follows:
                (a)    on the day after they are registered — regulations 1 to 3 and Schedule 1;
               (b)    on 3 February 2010 — Schedule 2.
3              Amendment of Marriage Regulations 1963
                Schedules 1 and 2 amend the Marriage Regulations 1963.
Schedule 1        Amendments commencing on day after registration
(section 3)
 
 [1]          Regulations 37F and 37G
substitute
37F         Definitions
                In this Subdivision:
Australian National Training Authority means the authority of that name that was established under the Australian National Training Authority Act 1992.
Certificate IV in Celebrancy means the course with that name in the CHC08: Community Services Training Package (Version 1.1), published by the Community Services and Health Industry Skills Council, as in force on 2 February 2009.
Note   A copy of CHC08: Community Services Training Package can be downloaded from the National Training Information Service website at http://www.ntis.gov.au.
formal course of training means:
                (a)    a course conducted by a university that includes the marriage celebrancy unit; or
               (b)    a course in marriage celebrancy conducted by a registered training organisation; or
                (c)    a Certificate IV in Marriage Celebrancy awarded by a registered training organisation; or
               (d)    a Certificate IV in Celebrancy, awarded by a registered training organisation, that includes all the units the Registrar determines in writing to be necessary for registration as a marriage celebrant.
marriage celebrancy unit means the unit of competency, identified as CHCMCEL401A, of the Community Services Training Package 2002, published by the Australian National Training Authority, as in force on 1 September 2003.
registered training organisation means:
                (a)    for a qualification — an organisation that is registered under a law of a State or Territory as an organisation that is accredited to issue the qualification; or
               (b)    for a course in marriage celebrancy — an organisation that is registered under a law of a State or Territory as an organisation that is accredited to conduct the course and to issue to a person who has successfully completed the course:
                          (i)    a Certificate IV in Marriage Celebrancy; or
                         (ii)    a Statement of Attainment in the marriage celebrancy unit.
37G         Qualifications and skills required for registration as a marriage celebrant (Act s 39C)
         (1)   For paragraph 39C (1) (b) of the Act, the Registrar must determine to be necessary:
                (a)    at least 1 of the qualifications mentioned in subregulation (2); or
               (b)    all the skills mentioned in subregulation (3).
         (2)   For paragraph (1) (a), the qualifications are as follows:
                (a)    a certificate (however described) awarded by a university, showing successful completion of a course conducted by the university that includes the marriage celebrancy unit;
               (b)    a celebrancy qualification (however described) awarded by a university, that includes all the units the Registrar determines in writing to be necessary for registration as a marriage celebrant;
                (c)    a Certificate IV in Marriage Celebrancy awarded by a registered training organisation;
               (d)    a Statement of Attainment in the marriage celebrancy unit awarded by a registered training organisation;
                (e)    a Certificate IV in Celebrancy, awarded by a registered training organisation, that includes all the units the Registrar determines in writing to be necessary for registration as a marriage celebrant.
         (3)   For paragraph (1) (b), the skills are as follows:
                (a)    fluency in an indigenous language;
               (b)    ability to liaise with clients and, if appropriate, the indigenous community in planning a marriage ceremony;
                (c)    ability to conduct a marriage ceremony, and to register a marriage, as required under the Act (including completing the required documentation);
               (d)    ability to communicate effectively.
[2]           Schedule 1, Form 12A, Part B
substitute
YOUR APPLICATION WILL BE RETURNED TO YOU UNLESS IT INCLUDES ALL REQUIRED DOCUMENTATION
B.      Qualifications and skills
 
You cannot be registered as a marriage celebrant unless you have at least 1 of the qualifications mentioned in subregulation 37G (2) of the Marriage Regulations 1963 (the Regulations), or all the skills mentioned in subregulation 37G (3) of the Regulations.
 
Qualifications — complete this section if you wish to be considered for registration on the basis of a qualification
 
Please tick the qualification on which your application is based.
r    Certificate (however described) awarded by a university, showing successful completion of a course conducted by the university that includes the marriage celebrancy unit*
r    Celebrancy qualification (however described) awarded by a university, that includes all the units the Registrar determines in writing to be necessary for registration as a marriage celebrant*
r    Certificate IV in Marriage Celebrancy awarded by a registered training organisation*
r    Statement of Attainment in the marriage celebrancy unit* awarded by a registered training organisation*
r    Certificate IV in Celebrancy awarded by a registered training organisation, that includes all the units the Registrar determines in writing to be necessary for registration as a marriage celebrant*
*   For the meaning of Certificate IV in Celebrancy, marriage celebrancy unit and registered training organisation, see regulation 37F of the Regulations.
 
Please note: You must provide evidence of your qualification, showing the organisation awarding the qualification.
 
YOUR APPLICATION WILL BE RETURNED TO YOU UNLESS IT INCLUDES ALL REQUIRED DOCUMENTATION
 
Skills — complete this section if you wish to be considered for registration on the basis of your skills
 
Ø      In what indigenous language(s) are you fluent?
____________________________________________________________
____________________________________________________________
 
Ø      Provide details showing your ability to liaise with clients and, if appropriate, the indigenous community in planning a marriage ceremony (for example, outline the kind of matters that you would need to take into account, and the approach you would use, in liaising with your clients and the community).
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
 
Ø      Provide details showing your ability to conduct a marriage ceremony, and to register a marriage, as required under the Act (for example, list the things you would have to do as a marriage celebrant to conduct a marriage ceremony and to register a marriage).
____________________________________________________________
____________________________________________________________
____________________________________________________________
 
Ø      Provide details showing your ability to communicate effectively.
____________________________________________________________
____________________________________________________________
____________________________________________________________
 
Schedule 2        Amendments commencing on 3 February 2010
(section 3)
 
 [1]          Regulations 37F and 37G
substitute
37F         Definitions
                In this Subdivision:
Certificate IV in Celebrancy means the course with that name in the CHC08: Community Services Training Package (Version 1.1), published by the Community Services and Health Industry Skills Council, as in force on 2 February 2009.
Note   A copy of CHC08: Community Services Training Package can be downloaded from the National Training Information Service website at http://www.ntis.gov.au.
formal course of training means:
                (a)    a celebrancy qualification (however described) from a university, mentioned in a determination under regulation 37G, that includes all the units the Registrar determines to be necessary for registration as a marriage celebrant; or
               (b)    a Certificate IV in Celebrancy, awarded by a registered training organisation, that includes all the units the Registrar determines to be necessary for registration as a marriage celebrant.
registered training organisation means an organisation that is registered under a law of a State or Territory as an organisation that is accredited to issue the qualification.
37G         Qualifications and skills required for registration as a marriage celebrant (Act s 39C)
                For paragraph 39C (1) (b) of the Act, the determination must require the person to have:
                (a)    either:
                          (i)    a celebrancy qualification (however described) from a university, mentioned in the determination, that includes all the units the Registrar determines to be necessary for registration as a marriage celebrant; or
                         (ii)    a Certificate IV in Celebrancy, awarded by a registered training organisation, that includes all the units the Registrar determines to be necessary for registration as a marriage celebrant; or
               (b)    the following skills:
                          (i)    fluency in an indigenous language;
                         (ii)    ability to liaise with clients and, if appropriate, the indigenous community in planning a marriage ceremony;
                         (iii)    ability to conduct a marriage ceremony, and to register a marriage, as required under the Act (including completing the required documentation);
                        (iv)    ability to communicate effectively.
[2]           Schedule 1, Form 12A, Part B
substitute
 
B.      Qualifications and skills
 
You cannot be registered as a marriage celebrant unless you have at least 1 of the qualifications mentioned in paragraph 37G (a) of the Marriage Regulations 1963 (the Regulations), or all the skills mentioned in  paragraph 37G (b) of the Regulations.
 
Qualifications — complete this section if you wish to be considered for registration on the basis of a qualification
 
Please tick the qualification on which your application is based.
 
r    Celebrancy qualification (however described) from a university, mentioned in the determination, that includes all the units the Registrar determines to be necessary for registration as a marriage celebrant*
 
r    Certificate IV in Celebrancy awarded by a registered training organisation, that includes all the units the Registrar determines to be necessary for registration as a marriage celebrant*
 
*   For the meaning of Certificate IV in Celebrancy and registered training organisation, see regulation 37F of the Regulations.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.
 
 
 

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