9 Approval of organisations

(1)

Any organisation may apply to the Registrar-General in the manner hereinafter provided for approval as an organisation which may, pursuant to section 10, nominate persons to solemnise marriages, (therein and in this section referred to as an approved organisation).

(2)

The application must be accompanied by a statement setting out—

(a)

the objects and beliefs of the organisation; and

(b)

the number or, if that cannot be accurately ascertained, the approximate number of members of the organisation who are of or over the age of 18 years.

(2A)

The statement must be—

(a)

signed by the persons specified in subsection (2B), each of whom must state his or her age and address; or

(b)

approved electronically by, or on behalf of, the persons specified in subsection (2B) in a manner specified by the Registrar-General (see also section 82A of the Births, Deaths, Marriages, and Relationships Registration Act 1995).

(2B)

The persons are—

(a)

the chief office bearer and at least 10 members of the organisation who are of or over the age of 18; or

(b)

in the case of an organisation whose constitution or tenets do not recognise a chief office bearer, at least 10 members of the organisation who are of or over the age of 18.

(3)

Another person must verify, either electronically in a manner specified by the Registrar-General or by statutory declaration, that the signatories to a statement signed under subsection (2A)(a) are who they claim to be and are members of the organisation (see also section 82A of the Births, Deaths, Marriages, and Relationships Registration Act 1995).

(4)

If the Registrar-General is satisfied that the principal object or one of the principal objects of the organisation is to uphold or promote religious beliefs or philosophical or humanitarian convictions, he or she may by notice in the Gazette declare the organisation to be an approved organisation.

(4A)

If the Registrar-General fails or refuses to declare the organisation an approved organisation, he or she shall, if required to do so by the organisation, refer the application to the Minister who, if he or she is satisfied that the principal object or one of the principal objects of the organisation is to uphold or promote beliefs or convictions as aforesaid, may direct the Registrar-General to declare the organisation, by notice in the Gazette, an approved organisation; and in that case the Registrar-General shall forthwith do so.

(5)

[Repealed]

(6)

[Repealed]

(6A)

Where an approved organisation changes its name or any of its objects, it shall forthwith give the Registrar notice in writing, signed in the manner required by subsection (2) for an application under subsection (1),—

(a)

of its former and new names; and

(b)

of whether or not its objects remain unchanged since it last stated them to the Registrar-General under this section; and

(c)

if those objects do not so remain unchanged, stating its present objects.

(6B)

Where the Registrar-General is satisfied that an approved organisation has changed its name he or she shall notify the change by notice in the Gazette specifying that organisation’s former and new names.

(6C)

Where the Registrar-General—

(a)

has been notified under subsection (6A) that the objects of an approved organisation have changed; or

(b)

is satisfied that any of the objects of an approved organisation has changed since that organisation last stated its objects to the Registrar-General under this section,—

he or she shall recommend to the Minister either—

(c)

that that organisation should continue to be an approved organisation; or

(d)

that the Minister should cancel the approval of that organisation.

(6D)

The Registrar-General shall not recommend under subsection (6C) that an organisation should continue to be an approved organisation unless he or she is satisfied that the principal object or one of the principal objects of that organisation is to uphold or promote religious beliefs or philosophical or humanitarian convictions.

(7)

If—

(a)

at any time, the Minister

(i)

becomes satisfied that, in the light of information not available to him or her or the Registrar-General (as the case may be) when an organisation was approved, or by virtue of a change in the circumstances of an approved organisation, that organisation should not continue to be an approved organisation; or

(ii)

is not satisfied (whether or not as a result of a recommendation under subsection (6C)) that the principal object or one of the principal objects of an approved organisation is to uphold or promote religious beliefs or philosophical or humanitarian convictions; or

(b)

for a continuous period of at least 12 months no person nominated by an approved organisation has his or her name on the list,—

the Minister may, by notice in the Gazette, cancel the approval of that organisation; and on the date of the publication of that notice that organisation shall cease to be an approved organisation.

(8)

Every religious body not enumerated in Schedule 1 of which a member was an officiating minister immediately before the commencement of the Marriage Amendment Act 1976 is hereby declared to be an approved organisation.

Section 9: replaced, on 1 January 1977, by section 3(1) of the Marriage Amendment Act 1976 (1976 No 8).

Section 9(2): replaced, on 16 December 2017, by section 19 of the Electronic Interactions Reform Act 2017 (2017 No 50).

Section 9(2A): inserted, on 16 December 2017, by section 19 of the Electronic Interactions Reform Act 2017 (2017 No 50).

Section 9(2B): inserted, on 16 December 2017, by section 19 of the Electronic Interactions Reform Act 2017 (2017 No 50).

Section 9(3): replaced, on 16 December 2017, by section 19 of the Electronic Interactions Reform Act 2017 (2017 No 50).

Section 9(4): replaced, on 6 November 1986, by section 2(1) of the Marriage Amendment Act 1986 (1986 No 97).

Section 9(4A): inserted, on 6 November 1986, by section 2(1) of the Marriage Amendment Act 1986 (1986 No 97).

Section 9(4A): amended, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).

Section 9(5): repealed, on 6 November 1986, by section 2(1) of the Marriage Amendment Act 1986 (1986 No 97).

Section 9(6): repealed, on 6 November 1986, by section 2(1) of the Marriage Amendment Act 1986 (1986 No 97).

Section 9(6A): inserted, on 8 March 1985, by section 3 of the Marriage Amendment Act 1985 (1985 No 27).

Section 9(6B): inserted, on 8 March 1985, by section 3 of the Marriage Amendment Act 1985 (1985 No 27).

Section 9(6C): inserted, on 8 March 1985, by section 3 of the Marriage Amendment Act 1985 (1985 No 27).

Section 9(6C): amended, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).

Section 9(6C)(d): amended, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).

Section 9(6C)(d): amended, on 6 November 1986, by section 2(2)(a) of the Marriage Amendment Act 1986 (1986 No 97).

Section 9(6D): inserted, on 8 March 1985, by section 3 of the Marriage Amendment Act 1985 (1985 No 27).

Section 9(7): replaced, on 8 March 1985, by section 3 of the Marriage Amendment Act 1985 (1985 No 27).

Section 9(7): amended, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).

Section 9(7): amended, on 6 November 1986, by section 2(2)(d) of the Marriage Amendment Act 1986 (1986 No 97).

Section 9(7)(a): amended, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).

Section 9(7)(a)(i): amended, on 6 November 1986, by section 2(2)(b) of the Marriage Amendment Act 1986 (1986 No 97).

Section 9(7)(a)(ii): amended, on 6 November 1986, by section 2(2)(c) of the Marriage Amendment Act 1986 (1986 No 97).