Commonwealth Consolidated Acts

MARRIAGE ACT 1961 - SECT 39J

             (1)  An application may be made to the Administrative Appeals Tribunal for a review of a decision of the Registrar of Marriage Celebrants:

                     (a)  not to register a person as a marriage celebrant (unless a ground for the decision was that the Registrar would breach section 39E by registering the person); or

                     (b)  to suspend a person’s registration as a marriage celebrant; or

                     (c)  to deregister a marriage celebrant.

             (2)  For the purposes of both the making of an application under subsection (1) and the operation of the Administrative Appeals Tribunal Act 1975 in relation to such an application, if:

                     (a)  a person has made application for registration as a marriage celebrant under section 39D; and

                     (b)  at the end of 3 months after the day on which the application was made, the person has not been:

                              (i)  registered; or

                             (ii)  notified by the Registrar that that person’s application has been refused;

the Registrar is taken to have decided, on the last day of the 3 month period, not to register that person as a marriage celebrant.

             (3)  The Registrar must take such action as is necessary to give effect to the Tribunal’s decision (even if doing so at the time the action is taken would cause a breach of a limit under section 39E).