Subdivision A—Ministers of Recognised Religions
31 Applicant may be refused registration in certain circumstances
(1) A Registrar to whom an application for registration under this Subdivision is made may refuse to register the applicant if, in the opinion of the Registrar:
(a) there are already registered under this Subdivision sufficient ministers of religion of the denomination to which the applicant belongs to meet the needs of the denomination in the locality in which the applicant resides;
(b) the applicant is not a fit and proper person to solemnise marriages; or
(c) the applicant is unlikely to devote a substantial part of his or her time to the performance of functions generally performed by a minister of religion.
33 (1) Removal from register
(1) Subject to this section, a Registrar shall remove the name of a person from the register kept by that Registrar if he or she is satisfied that:
(a) that person has requested that his or her name be so removed;
(b) that person has died;
(c) the denomination by which that person was nominated for registration, or in respect of which that person is registered, no longer desires that that person be registered under this Subdivision or has ceased to be a recognised denomination;
(d) that person:
(i) has been guilty of such contraventions of this Act or the regulations as to show him or her not to be a fit and proper person to be registered under this Subdivision;
(ii) has been making a business of solemnising marriages for the purpose of profit or gain; or
(iii) is not a fit and proper person to solemnise marriages; or
(e) that person is, for any other reason, not entitled to registration under this Subdivision.
Subdivision C—Marriage celebrants
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 ….
(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 …..
(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 …..
(3) Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (…
Division 2—Marriages by authorised celebrants
45 ( 1 and 2) Form of ceremony
(1) Where a marriage is solemnised by or in the presence of an authorised celebrant, being a minister of religion, it may be solemnised according to any form and ceremony recognised as sufficient for the purpose by the religious body or organisation of which he or she is a minister.
(2) Where a marriage is solemnised by or in the presence of an authorised celebrant, not being a minister of religion, it is sufficient if each of the parties says to the other, in the presence of the authorised celebrant and the witnesses, the words:
“I call upon the persons here present to witness that I, A.B. (or C.D.), take thee, C.D. (or A.B.), to be my lawful wedded wife (or husband, or spouse)”;
or words to that effect.
46 Certain authorised celebrants to explain nature of marriage relationship
(1) Subject to subsection (2), before a marriage is solemnised by or in the presence of an authorised celebrant, not being a minister of religion of a recognised denomination, the authorised celebrant shall say to the parties, in the presence of the witnesses, the words:
“I am duly authorised by law to solemnise marriages according to law.
“Before you are joined in marriage in my presence and in the presence of these witnesses, I am to remind you of the solemn and binding nature of the relationship into which you are now about to enter.
“Marriage, according to law in Australia, is the union of 2 people to the exclusion of all others, voluntarily entered into for life.”;
or words to that effect.
(2) Where, in the case of a person authorised under subsection 39(2) to solemnise marriages, the Minister is satisfied that the form of ceremony to be used by that person sufficiently states the nature and obligations of marriage, the Minister may, either by the instrument by which that person is so authorised or by a subsequent instrument, exempt that person from compliance with subsection (1) of this section.
47 (1 and 2) Ministers of religion may refuse to solemnise marriages
Refusing to solemnise a marriage despite this Part
(1) A minister of religion may refuse to solemnise a marriage despite anything in this Part.
(2) In particular, nothing in this Part prevents a minister of religion from:
(a) making it a condition of solemnising a marriage that:
(i) notice of the intended marriage is given to the minister earlier than this Act requires; or
(ii) additional requirements to those provided by this Act are complied with; and
(b) refusing to solemnise the marriage if the condition is not observed.
113 Second marriage ceremonies
(1) Except in accordance with this section:
(a) persons who are already legally married to each other shall not, in Australia or under Part V, go through a form or ceremony of marriage with each other; and
(b) a person who is authorised by this Act to solemnise marriages shall not purport to solemnise a marriage in Australia or under Part V ……
(a) 2 persons have gone through a form or ceremony of marriage with each other….
(b) there is a doubt ….
(3) Where 2 persons wish to go through a form or ceremony of marriage with each other in pursuance ….
(4) The person by whom or in whose presence a form or ceremony of marriage takes place ….
(4A) A marriage which takes place after …..
(5) Nothing in this Act shall be taken to prevent 2 persons who are already legally married to each other from going through a religious ceremony of marriage with each other in Australia where those persons have:
(a) produced to the person by whom or in whose presence the ceremony is to be performed a certificate of their existing marriage; and
(b) furnished to that person a statement in writing, signed by them and witnessed by that person ….
(6) The provisions of sections 42, 44, 50 and 51 do not apply to or in relation to a religious ceremony of marriage in accordance with subsection (5) ……..
(7) A person who is not an authorised celebrant does not commit an offence against section 101 by reason only of his or her having performed a religious ceremony of marriage between parties who have complied with the requirements of subsection (5) of this section.