The Marriage Act 1961 determines the different Divisions and Types of Marriage Celebrants

Division 2—Marriages by authorised celebrants
Division 3—Marriages by foreign diplomatic or consular officers
Division 3—Marriages of members of the Defence Force overseas

The Commonwealth Attorney-General's Department is responsible to maintain a Register of All Marriage Authorised Celebrants ensure that the public has access to this information. This Register is now a web-based register on the AGD website. Links to Find a Celebrant section of the website are included in the list of types of authorised marriage celebrants to access information about each group. Also note when accessing the online register, the number of each group of celebrants is displayed on the table.

For the general public in Australia, couples can choose from 4 types of authorised marriage celebrants and marriage ceremonies:

Division 2—Marriages by authorised celebrants

1. COMMONWEALTH REGULATED - Independent Civil Marriage Celebrants (Subdivision C)
   Civil marriage ceremonies can be personalised in a great variety of ways because civil celebrants can work with the couple to have their ceremony tailor-made to their unqiue needs, provided it meets Sections 45, 46,47 and 113 of the Marriage Act
   AGD LINK - Note: This list still includes Celebrants who applied to be transferred to Subdivision D so they would not be required to marry same gender couples.
   
   
2. COMMONWEALTH REGULATED - Independent Religious Marriage Celebrants (Subdivision D)
   Marriage ceremony must be the standard one of the Religious Group they represent and Sections 46, 47 and 113 of the Marriage Act apply. Religious celebrants are exempted from Section 45
   AGD LINK - Note: This link does not include those marriage celebrants who applied to be religious celebrants so they were not required to perform same gender marriages.
   
   
3. STATE REGULATED - Religious celebrants from Recognised Religions (Subdivision A)
   Marriage ceremony must be the standard one of the Recognised Religion and Sections 47 and 113 of the Marriage Act apply.
   Recognised Religious celebrants are exempted from Sections 45, 46
   AGD LINK - Note: This is not a separate register for Recognised Religious, but they are included in the Combined List for ALL Authorised Marriage Celebrants
   
   
4. STATE REGULATED - Marriage Officers in State and Territory Registry Officers (Subdivision B)
   Civil Marriage ceremony choices are limited by the time determined by the State or Territory Registry or Local Court Government fee for the marriage and the venue,  provided it meets Sections 45, 46, 47 and 113 of the Marriage Act.
   AGD LINK

ONLY 27% of authorised marriage celebrants that is Subdivision C & D marriage celebrants above pay an annual fee to be regulated by the Commonwealth Attorney-General's Department.

Regulation involves:

1. Paying an annual fee by the Charge Date to the Commonwealth or be automatically be deregistered - not just suspended.
   
   To be reinstated, once de-registered, the celebrant would need to reapply for authorisation, which may require the cost of re-training as well as a much higher registration fee to be accessed as a "fit and proper" person as well as a portion of the annual fee)
   
   and in addition to the above Sections of the Act that apply to their group, comply with the next 4 requirements of the Marriage Act:
   
   
2. Meeting the requirements of the Code of Practice
   
   
3. Updating change of contact details within 30 days either by notifying the Department or changing contact details in the AGD website portal
   
   
4. Completing 5 hours mandatory professional development each year
   
   
5. Not having any substantial complaint/s made to the AGD regarding their work as a Marriage Celebrant.
   Note. The Commonwealth Registrar can take the following disciplinary actions.
   • Issue a caution
   • Require extra professional development activities
   • Suspend, or
   • De-register

Subdivision A  and B above above are regulated in a minimal way by the State or Territory Registrar of Births, Deaths and Marriages.

Subdivision A and B above are exempted from the regulation applied to Commonwealth marriage celebrants in items 1, 2, 3 and 4 above.

Section 113 - allows unauthorised and authorised marriage celebrants to conduct religious wedding ceremonies, provided the couple are already legally married and the celebrant is not required to let the congregation know the religious marriage ceremony is not valid under Australian law.

Note: Civil Marriage celebrants - authorised or unauthorised - conducting second marriage ceremonies without informing those present that the couple are already legally married, and can be prosecuted under the Act for doing so is an Offence under the Act.

Section 47
- allows independent and Recognised Religious Celebrants  to

• discriminate against marrying couples upon any grounds
• require a longer period for Notice to Marry
• any other conditions the Religious celebrant so requires

Note: Section 47 - requires independent civil marriage celebrants and Marriage Officers in State and Territory Registry Offices to adhere to civil law by not discriminating upon any grounds, require a longer period of Notice to Marry or make any or requirement if the couple are free to mary.

Section 46

- requires Subdivision C marriage celebrants and Marriage Officers in State and Territory Registry Offices to:

• state they are authorised by law to solemnise marriage ceremonies, and
  
• give a definition of marriage according to law, and
• remind couples of the special and binding nature of the marriage relationship

Note: Subdivision A recognised religious celebrants are exempted in Section 46 from making these statements about marriage.

Section 45

- requires Subdivision C marriage celebrants and Marriage Officers in State and Territory Registry Offices to:

• ensure the parties give consent to marrying one another in front of at least two witnesses whilst present all parties together in the same place and
  
• require  the parties give consent by saying to one another than they take the other party as a lawful husband or wife in front of the witnesses.
  

Note: Subdivision A recognised religious celebrants and independent and Recognised Religious Celebrants are exempted in Section 45 from requiring the couple to give consent in this way in the ceremony, and in fact, not give consent in the marriage ceremony if the Religous Marriage Ceremony does not require this.
It also appears that there has been or is not now any requirement that the religious ceremonies be checked to ensure these basic elements of civil marriage - Sections 45 and 46 apply to all marriage ceremonies.

Rather than adding another government administrative burden of checking all religious ceremonies, to ensure basic compliance for marriage under civil law is transparent in ALL Australian weddings ceremonies, CoCA has proposed that Sections 45, 46 and 113 of the Marriage Act be reviewed and changed to ensure all celebrants and couples comply with the same conditions as required of civil celebrants in these three sections.

NOTE: This would also be one element of a strategy to addressed concerns about Child and Forced Marriage in Australia, by ensuring all marriage ceremonies contain a common section that makes it clear to the public what constitutes legal marriage in Australia.

Read more:

• Child - Forced Marriage and the Australian Marriage Act
• Some strategies to address Child and Forced Marriage
• Removing confusion for marrying couples and the Australian public
• CoCA Objects