Notes 1A

Notes   

  1. Doctoral Thesis prepared by Julieanne Hilbers, Doctor if Philosophy Faculty od Education. University of Technology Sydney entitled ‘Celebrations for Personal and Collective Health and Wellbeing” 2006.

  2. Code of Practice Australian Marriage Act Section 39G; Marriage Regulation 37L   Schedule 1A

  3. LGBTIQ = Lesbian, Gay, Bisexual, Transgender or Transsexual, Intersex and Questioning

  4. Child and forced marriage is a growing concern in Australia.

  5. The Act was established in the middle of the last century based upon British legislation pioneered in 1836. Unlike France where all couples must attend a registry office to legally marry, couples in the Australian community may choose from 4 types of marriage celebrants.

    • Subdivision A - Religious celebrants from Recognised Religions (22,880* - 72.1%)
    • Subdivision B  - Marriage Officers in State and Territory Registry Offices (293* - 0.9%)
    • Subdivision C - Independent Civil Marriage Celebrants (8040* - 25.3%)
    • Subdivision C - Independent Religious Marriage Celebrants (539*- 1.7%)

      Total of all = 31,752


  6. Section 116 of the Australian Constitution states:

    “The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.”

  7. There are 293 Subdivision B - State and Territory Officers authorised to conduct civil marriage in the whole of Australia. The number of Subdivision B Marriage Officers in the following States and Territories are
    1. Zero    in the Australian Capital Territory 
    2. 156    in New South Wales
    3.   in the Northern Territory
    4. 33   in Queensland
    5. 22   in South Australia
    6. 6   in Tasmania
    7. 38   in Victoria and
    8. 31   in Western Australia.

      from: https://marriage.ag.gov.au/stateofficers/officers

  8. 3310.0 - Marriages and Divorces, Australia, 2015  Latest ISSUE Released at 11:30 AM (CANBERRA TIME) 30/11/2016 Ref: http://www.abs.gov.au/ausstats/abs@.nsf/mf/3310.0

  9. Marriage Amendment Bill 2002  No. 77, 2002 An Act to amend the Marriage Act 1961, and for related purposes. Ref: https://www.legislation.gov.au/Details/C2004A01014

  10. 2002 Explanatory Memorandum (The Parliament of the Commonwealth of Australia House of Representatives,   Marriage Amendment Bill  2002,  Circulated by authority of the Attorney-General, the Honourable Daryl Williams AM QC MP)http://www.austlii.edu.au/au/legis/cth/bill_em/mab2002175/memo1.html
       
  11. “Section 47 of the Marriage Act states:

    47. Ministers of religion not bound to solemnise marriage etc.
    Nothing in this Part:
    (a) imposes an obligation on an authorised celebrant, being a minister of religion, to solemnise any marriage; or
    (b) prevents such an authorised celebrant from making it a condition of his or her solemnising a marriage that:

    (i) longer notice of intention to marry than that required by this Act is given; or
    (ii) requirements additional to those provided by this Act are observed.”

  12. “Section 101:  Solemnisation of marriage by unauthorised person

    A person shall not solemnise a marriage, or purport to solemnise a marriage, at a place in Australia or under Part V unless the person is authorised by or under this Act to solemnise marriages at that place or under that Part, as the case may be.
    Penalty: $500 or imprisonment for 6 months.”

  13. “Section 103: Going through ceremony of marriage before person not authorised to solemnise it

    A person shall not go through a form or ceremony of marriage with another person knowing that the person solemnising the marriage is not authorised to solemnise it and having reason to believe that the other party to the marriage believes that the person solemnizing the marriage is so authorised.
    Penalty: $500 or imprisonment for 6 months.”

  14. “Section 113:  Second marriage ceremonies