Coalition of Celebrant Associations

Australia’s Peak Celebrant Body

Section 39C of the Marriage Act 1961

Marriage Act 1961

39C Entitlement to be registered as a marriage celebrant 

(1) A person is only entitled to be registered as a marriage celebrant if the person is an individual and the Registrar of Marriage Celebrants is satisfied that the person:

(a) is aged 18 years or over; and
(b) has all the qualifications, and/or skills, determined in writing to be necessary by the Registrar in accordance with regulations made for the purposes of this paragraph; and
(c) is a fit and proper person to be a marriage celebrant.

(2) In determining whether the Registrar is satisfied that the person is a fit and proper person to be a marriage celebrant, the Registrar must take into account:

(a) whether the person has sufficient knowledge of the law relating to the solemnisation of marriages by marriage celebrants; and
(b) whether the person is committed to advising couples of the availability of relationship support services; and
(c) whether the person is of good standing in the community; and
(d) whether the person has been convicted of an offence, punishable by imprisonment for one year or longer, against a law of the Commonwealth, a State or a Territory; and
(e) whether the person has an actual or potential conflict of interest between his or her practice, or proposed practice, as a marriage celebrant and his or her business interests or other interests; and
(f) whether the person’s registration as a marriage celebrant would be likely to result in the person gaining a benefit in respect of another business that the person owns, controls or
carries out; and
(g) whether the person will fulfil the obligations under section 39G; and
(h) any other matter the Registrar considers relevant to whether the person is a fit and proper person to be a marriage celebrant.

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