Human Rights Amendment Act 2001

61 New sections 32A to 32E inserted

• The Marriage Act 1955 is amended by inserting, after section 32, the following sections:

  “32A Marriage in accordance with rules and procedures of exempt religious bodies

  • “(1) The provisions of this Part relating to the solemnisation of marriage in the presence of a marriage celebrant do not extend to marriages conducted in accordance with the rules and procedures of an exempt religious body.

    “(2) Despite subsection (1), a marriage to which that subsection applies—

    • “(a) must not be solemnised unless a marriage licence has been issued:

    • “(b) must be solemnised at a place stated in the marriage licence.

    “(3) Every marriage to which subsection (1) applies is as valid as if solemnised under this Act before a marriage celebrant.

    “(4) This section does not limit the provisions of section 22 relating to the validity of marriages.

    “(5) In this section and in sections 32B to 32E, an exempt religious body is a body that is exempted by the Registrar-General under section 32C from observing the requirements of this Part relating to the solemnisation of marriages in the presence of a marriage celebrant.

  “32B Application to become exempt religious body

  • “(1) A religious body (other than the religious body to which section 32 applies) may apply to the Registrar-General for an exemption from observing the requirements of this Part relating to the solemnisation of marriages in the presence of a marriage celebrant.

    “(2) An application made under subsection (1) must be accompanied by—

    • “(a) a statement signed by the chief office bearer and 10 members of the religious body setting out—

      • “(i) the beliefs and objects of the organisation; and

      • “(ii) the number or, if this cannot be accurately ascertained, the approximate number of members of the organisation of or over 18 years; and

    • “(b) a statement explaining why the objects and beliefs of the religious body are inconsistent with those provisions of this Part relating to the solemnisation of marriages in the presence of a marriage celebrant; and

    • “(c) a statement containing a description of the rules and procedures by which the body proposes to solemnise marriages.

    “(3) In the case of a religious body whose rules and procedures or tenets do not recognise any chief office bearer, the statement referred to in subsection (2)(a) need only be signed by 10 members of the body.

    “(4) The statement referred to in subsection 2(a) (whether signed by the persons referred to in that subsection or the persons referred to in subsection (3)) is invalid unless—

    • “(a) each signatory is of or over 18 years and includes in the statement his or her age and address; and

    • “(b) the signatures of the signatories are attested by another person who must, by statutory declaration attached to the statement, verify the signatures as the genuine signatures of the persons whose signatures they purport to be.

  “32C Declaration of religious body as exempt religious body

  • “(1) The Registrar-General may, on receiving an application under section 32B, grant the exemption sought by declaring the religious body to be an exempt religious body if the Registrar-General is satisfied—

    • “(a) that the body is a bona fide religious body; and

    • “(b) that the beliefs of that body are genuinely and sincerely held by its members; and

    • “(c) that the beliefs or objects of that body are inconsistent with the fulfilment of the requirements of this Part relating to the solemnisation of marriage in the presence of a marriage celebrant; and

    • “(d) that the rules and procedures under which that body proposes to solemnise marriage are—

      • “(i) consistent with the requirements of this Act (other than those referred to in paragraph (c)); and

      • “(ii) otherwise satisfactory.

    “(2) If, on receiving an application under section 32B, the Registrar-General fails or refuses to declare the religious body to be an exempt religious body, the Registrar-General must, if required to do so by the religious body, refer the application to the Minister.

    “(3) If the Minister considers that the requirements of subsection (1)(a) to (d) are satisfied, the Minister may direct the Registrar-General to declare the religious body to be an exempt religious body and, in that case, the Registrar-General must do so immediately.

    “(4) A declaration under this section that a religious body is an exempt religious body must be made by way of notice in the Gazette.

  “32D Change in beliefs or objects of exempt religious bodies

  • “(1) If an exempt religious body changes its name or any of its beliefs or objects, it must immediately give the Registrar-General notice in writing, signed in the manner required by section 32B(2)(a),—

    • “(a) of its former and new names; and

    • “(b) of whether its beliefs and objects remain unchanged since it last stated them to the Registrar-General under section 32B; and

    • “(c) if those beliefs and objects do not remain unchanged, stating its present beliefs and objects; and

    • “(d) stating whether its present beliefs and objects continue to be inconsistent with the provisions of this Part relating to the solemnisation of marriages in the presence of a marriage celebrant.

    “(2) If the Registrar-General is satisfied that an exempt religious body has changed its name, the Registrar must notify the change by notice in the Gazette specifying that body's former and new names.

    “(3) Subsection (4) applies if the Registrar-General—

    • “(a) has been notified under subsection (1) that the beliefs or objects of an exempt religious body have changed; or

    • “(b) is satisfied that any of the beliefs or objects of an exempt religious body have changed since that organisation last stated its beliefs and objects to the Registrar-General under section 32B.

    “(4) If subsection (3) applies, the Registrar-General must recommend to the Minister either—

    • “(a) that that exempt religious body should continue to be an exempt religious body; or

    • “(b) that the Minister must cancel the exemption of that body from observing the requirements of this Part relating to the solemnisation of marriages in the presence of a marriage celebrant.

    “(5) The Registrar-General must not recommend, under subsection (4), that an organisation should continue to be an exempt religious body unless the Registrar-General is satisfied that the objects and beliefs of the body continue to be inconsistent with the provisions of this Part relating to the solemnisation of marriages in the presence of a marriage celebrant.

    “(6) The Minister may exercise the power conferred by subsection (7) if, at any time, the Minister—

    • “(a) becomes satisfied that, in the light of information not available to the Minister or Registrar-General (as the case may be) when an exempt religious body was granted an exemption, or as a consequence of a change in the circumstances of an exempt religious body, that the body should not continue to be an exempt religious body; or

    • “(b) is not satisfied (whether or not as a result of a recommendation under subsection (4)) that the beliefs and objects of the religious body are no longer inconsistent with the provisions of the Part relating to the solemnisation of marriage in the presence of a marriage celebrant.

    “(7) If subsection (6) applies, the Minister may, by notice in the Gazette, cancel the exemption of the religious body referred to in subsection (6), and on the date of the publication of that notice that body ceases to be an exempt religious body.

  “32E List of exempt religious bodies

  • “(1) The Registrar-General must, in each year,—

    • “(a) prepare a list of exempt religious bodies (in this section referred to as the list); and

    • “(b) ensure that the list is published in the Gazette.

    “(2) The list must contain the name of every exempt religious body and must be corrected or added to as often as is necessary to maintain its accuracy.

    “(3) The Registrar-General must ensure that each correction of, or addition to, the list is published in the Gazette.

    “(4) The Registrar-General must specify in each list published in the Gazette a date on which the list comes into force, and on that date all previous lists and all corrections and additions to any previous list are cancelled and of no effect.”