Schedule 1 Exempt bodies

ss 3, 16

1 Application to become exempt body

(1)

A body that wishes to become an exempt body must apply to the Registrar-General for exemption in a manner specified by the Registrar-General.

(2)

The application must set out—

(a)

the name and contact address of the body; and

(b)

the objects and beliefs of the body; and

(c)

the approximate number of its members who are of or over the age of 16; and

(d)

an explanation of why the objects and beliefs of the body are inconsistent with the requirements of this Act for the solemnisation of a civil union; and

(e)

the rules and procedures that the body proposes to apply when solemnising a civil union; and

(f)

any prescribed information.

(3)

The application must be—

(a)

signed by at least 10 members of the body who are of or over the age of 16, each of whom must state his or her age and address; or

(b)

approved electronically by, or on behalf of, at least 10 members of the body who are of or over the age of 16 in a manner specified by the Registrar-General (see also section 82A of the Births, Deaths, Marriages, and Relationships Registration Act 1995).

(3A)

A person who is not a member of the organisation must verify, either electronically in a manner specified by the Registrar-General or by statutory declaration, that the signatories to an application signed under subsection (3)(a) are who they claim to be and are members of the body (see also section 82A of the Births, Deaths, Marriages, and Relationships Registration Act 1995).

Schedule 1 clause 1(1): amended, on 16 December 2017, by section 17(1) of the Electronic Interactions Reform Act 2017 (2017 No 50).

Schedule 1 clause 1(2)(e): amended, on 16 December 2017, by section 17(2) of the Electronic Interactions Reform Act 2017 (2017 No 50).

Schedule 1 clause 1(2)(f): inserted, on 16 December 2017, by section 17(3) of the Electronic Interactions Reform Act 2017 (2017 No 50).

Schedule 1 clause 1(3): replaced, on 16 December 2017, by section 17(4) of the Electronic Interactions Reform Act 2017 (2017 No 50).

Schedule 1 clause 1(3A): inserted, on 16 December 2017, by section 17(4) of the Electronic Interactions Reform Act 2017 (2017 No 50).

2 Registrar-General or Minister may grant exemption

(1)

The Registrar-General may agree to grant the exemption applied for if any prescribed application fee is paid and the Registrar-General is satisfied that—

(a)

the objects and beliefs of the body are inconsistent with the requirements of this Act for the solemnisation of a civil union; and

(b)

the rules and procedures that the body proposes to apply when solemnising a civil union are generally consistent with this Act and are otherwise satisfactory.

(2)

If the Registrar-General fails or refuses to agree to exempt the body, he or she must refer the matter to the Minister.

(3)

The Minister must agree to grant the exemption sought if he or she is satisfied as to the matters referred to in subclause (1), but, if the Minister is not so satisfied, he or she must refuse the application.

(4)

The Registrar-General must advise the applicant of the result of the application.

(5)

When the Registrar-General or the Minister agrees to exempt a body from the requirements of this Act for the solemnisation of a civil union, the Registrar-General must give notice in the Gazette of that fact, and the body is exempt from the date specified in the notice.

3 Exempt body to notify changes

(1)

An exempt body must notify the Registrar-General if—

(a)

it changes its name; or

(b)

it changes its objects and beliefs in a way that impacts on why it considers that the requirements of this Act for the solemnisation of a civil union are inconsistent with those objects and beliefs; or

(c)

it changes its rules and procedures for solemnising civil unions.

(2)

If the body notifies the Registrar-General that it has changed its name, the Registrar-General must give notice of that fact in the Gazette.

(3)

The Registrar-General must ask the Minister to cancel the exemption of an exempt body if the Registrar-General is satisfied that,—

(a)

as a result of changes referred to in subclause(1)(b) or (c), the body should no longer be an exempt body; or

(b)

the body has failed to conduct one or more civil unions in accordance with its rules and procedures as most recently notified to the Registrar-General.

(4)

If the Minister decides that the body should no longer be an exempt body, the Registrar-General must give notice in the Gazette that the body is no longer an exempt body, and notify the body accordingly.

(5)

A body ceases to be an exempt body on the date on which the notice referred to in subclause (4) is published in the Gazette.