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TASMANIA
SAME-SEX MARRIAGE (CELEBRANT
& REGISTRATION) BILL 2005
CONTENTS
PART 1 - Preliminary
1. Short title
2. Commencement
3. Interpretation
4. Act to bind the Crown
PART 2 Authorised Celebrants
Division 1 Ministers of Religion
5. Interpretation
6. Registers of ministers of religion
7. Qualifications for registration under this Division
8. Registrar to register applicant
9. Applicant may be refused registration in certain circumstances
10. Removal from register
11. Review of refusal to register or removal from register
12. Change of address etc. to be notified
13. Transfer to another State etc.
14. Furnishing of information by recognised denominations
15. Registrars to furnish information
Division 2 - Officers oif the State of Tasmania
16. Authorisation of Tasmanian officers etc.
Division 3 Same-Sex Marriage Celebrants
17. Registrar of Same-Sex Marriage Celebrants
Page 1 of 21
18 Register of Same-Sex Marriage Celebrants
19 Entitlement to be registered as a same-sex marriage celebrant
20. Registration as a same-sex marriage celebrant
21. Capping of number of same-sex marriage celebrants for 5 years
22. Effect of registration
23. Obligations of each same-sex marriage celebrant
24. Performance Reviews
25. Disciplinary measures
26. Review of decisions
27. Additional functions of the Registrar
28. Registrar not liable for damages
29. Evidence of registration etc.
Part 3 The Register of Same-Sex Marriages
30. The Register
Division 2 Access to, and certification of, Register entries
31 Access ti Regster
32. Search of Register
33. Protection of Privacy
34. Issue of certification
35. Access policies
36. Review
37. False or misleading statements
38.Unauthorised access to or interference with Register
39. Falsification of certificate
40. Immunity from liability
41. Fees
42. Consequential amendments
43. Regulations
Page 2 of 21
(blank page for printing purposes)
Page 3 of 21
SAME-SEX MARRIAGE (CELEBRANT &
REGISTRATION) BILL 2005
(Brought in by Nicholas James McKim MHA)
A BILL FOR
An Act providing for the establishment and maintenance of
registers of same-sex marriages and same-sex marriage
celebrants.
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and
consent of the Legislative Council and House of Assembly, in Parliament assembled, as
follows:
Part 1--Preliminary
1 Short title
This Act may be cited as the Same-Sex Marriage (Celebrant and
Registration) Act 2005.
2 Commencement
This Act commences on a day to be proclaimed.
3 Interpretation
(1) In this Act, unless the contrary intention appears:
adult means a person who has attained the age of 18 years.
authorized celebrant means:
(a) a minister of religion registered under Division 1 of Part II; or
(b) a person authorized to solemnize marriages by virtue of Division 2 of
Part II; or
(c) a same-sex marriage celebrant.
Page 4 of 21
minister of religion means:
(a) a person recognized by a religious body or a religious organization as
having authority to solemnize marriages in accordance with the rites or
customs of the body or organization; or
(b) in relation to a religious body or a religious organization in respect of
which paragraph (a) is not applicable, a person nominated by:
(i) the head, or the governing authority, in a State or Territory, of that
body or organization; or
(ii) such other person or authority acting on behalf of that body or
organization as is prescribed;
to be an authorized celebrant for the purposes of this Act.
Registrar means the Registrar of Births, Deaths and Marriages
holding office under the Births, Deaths and Marriages Registration
Act 1999;
same-sex marriage has the same meaning as in the Same-Sex Marriage Act
2005.
same-sex marriage celebrant means a person registered under Division 3 of
Part II.
4 Act binds Crown
This Act binds the Crown in right of Tasmania, and so far as the legislative
power of Parliament permits, in all its other capacities.
Part 2 Authorized Celebrants
Division 1 - Ministers of Religion
5 Interpretation
In this Division a reference to a register shall be read as a reference to a register kept
for the purposes of this Division.
Page 5 of 21
6 Registers of ministers of religion
For the purposes of this Division, the Registrar shall keep a register, in such form as
the Minister determines, of ministers of religion ordinarily resident in Tasmania who
are entitled to registration under this Division.
7 Qualifications for registration under this Division
Subject to this Division, a person is entitled to registration under this Division if:
(a) the person is a minister of religion of a recognized denomination;
(b) the person is nominated for registration under this Division by that
denomination;
(c) the person is ordinarily resident in Australia; and
(d) the person has attained the age of 21 years.
8 Registrar to register applicant
(1) Subject to this Division, the Registrar shall, on application in accordance with the
regulations, by a person who is entitled to registration under this Division, register
that person in the register kept by that Registrar.
(2) The particulars set out in an application for registration under this Division shall be
verified by the applicant by statutory declaration.
9 Applicant may be refused registration in certain circumstances
(1) A Registrar to whom an application for registration under this Division is made may
refuse to register the applicant if, in the opinion of the Registrar:
(a) there are already registered under this Division sufficient ministers of religion
of the denomination to which the applicant belongs to meet the needs of the
denomination in the locality in which the applicant resides;
(b) the applicant is not a fit and proper person to solemnize marriages; or
(c) the applicant is unlikely to devote a substantial part of his or her time to the
performance of functions generally performed by a minister of religion.
10 Removal from register
(1) Subject to this section, a Registrar shall remove the name of a person from the
register kept by that Registrar if he or she is satisfied that:
(a) that person has requested that his or her name be so removed;
(b) that person has died;
Page 6 of 21
(c) the denomination by which that person was nominated for registration, or in
respect of which that person is registered, no longer desires that that person be
registered under this Division or has ceased to be a recognized denomination;
(d) that person:
(i) has been guilty of such contraventions of this or any associated Acts or
the regulations as to show him or her not to be a fit and proper person to
be registered under this Division;
(ii) has been making a business of solemnizing marriages for the purpose of
profit or gain; or
(iii) is not a fit and proper person to solemnize marriages; or
(e) that person is, for any other reason, not entitled to registration under this
Division.
(2) The Registrar shall not remove the name of a person from a register under this
section on a ground specified in paragraph (1)(d) or (e) unless:
(a) the Registrar has, in accordance with the regulations, served on the person a
notice in writing:
(i) stating the Registrar's intention to do so on that ground unless, not later
than a date specified in the notice and being not less than 21 days from
the date of service of the notice, the person satisfies the Registrar that the
person's name should not be removed from the register; and
(ii) informing the person that any representations made to the Registrar
before that date will be considered by the Registrar;
(b) the Registrar has considered any representations made by the person before the
date specified in the notice; and
(c) the removal takes place within 14 days after the date specified in the notice.
(3) Where notice is served on a person under subsection (2), that person shall not
solemnize a marriage unless and until:
(a) the person is notified by the Registrar that the Registrar has decided not to
remove the person's name from the register;
(b) a period of 14 days has elapsed from the date specified in the notice under
subsection (2) and the person's name has not been removed from the register;
or
(c) the person's name, having been removed from the register, is restored to the
register.
11 Review of refusal to register or removal from register
(1) An application may be made to the Magistrates Court (Administrative Appeals
Division) for a review of a decision of a Registrar:
Page 7 of 21
(a) refusing to register a person who has applied for registration under this
Division; or
(b) removing the name of a person from a register in pursuance of section 10.
(2) Where the Magistrates Court (Administrative Appeals Division) sets aside a decision
refusing to register a person or a decision to remove the name of a person from a
register, the Registrar shall forthwith register the person, or restore the name of the
person to the register, as the case requires.
(3) For the purposes of the making of an application under subsection (1), where a
person has made application for registration under this Division and, at the
expiration of a period of 3 months from the day on which the application was made,
the person has not been registered and has not been notified by the Registrar that that
person's application has been refused, the Registrar shall be deemed to have decided,
on the last day of that period, not to register that person.
12 Change of address etc. to be notified
(1) Where a person registered under this Division:
(a) changes his or her name, address or designation; or
(b) ceases to exercise, or ceases to be entitled to exercise, the functions of a
minister of religion of the denomination by which he or she was nominated for
registration or in respect of which he or she is registered;
the person shall, within 30 days thereafter, notify the Registrar by whom the register
in which the person is registered is kept of that fact in accordance with the
regulations.
(2) The Registrar may, upon receiving notification of a change of name, address or
designation under subsection (1) or if the Registrar is otherwise satisfied that the
particulars shown in the register in respect of a person are not correct, amend the
register accordingly.
13 Transfer to another State etc.
(1) Where a person whose name is included in the register for Tasmania is ordinarily
resident in another State or Territory, the Registrar by whom the register is kept
shall, subject to this section, remove the name of that person from that register.
(2) Where the name of a person referred to in subsection (1) is not included in the
register for Tasmania and that person is ordinarily resident in Tasmania, the
Registrar for Tasmania may enter the name of that person in the register.
Page 8 of 21
14 Furnishing of information by recognised denominations
The regulations may make provision for, and in relation to, the furnishing to the
Registrar by each recognized denomination of:
(a) information as to matters affecting the right to registration under this Division
of persons who are so registered as ministers of religion of that denomination;
and
(b) an annual list of persons registered under this Division as ministers of religion
of that denomination who are exercising the functions of a minister of religion
of that denomination.
15 Registrars to furnish information
Each Registrar shall, if the Secretary to the Department so requests, furnish to the
Secretary:
(a) a list of ministers of religion registered by that Registrar under this Division
during the period specified in the request, showing the full name, designation,
residential or postal address and religious denomination of each minister; and
(b) particulars of any other alterations to the register kept by that Registrar under
this Division made during that period.
Division 2--Officers of the State of Tasmania
16 Authorisation of Tasmanian officers etc.
(1) A person who, under the law of Tasmania, has the function of registering same-sex
marriages solemnized in Tasmania may solemnize same-sex marriages in Tasmania.
(2) The Minister may, by instrument in writing, authorize other officers of the State of
Tasmania to solemnize same-sex marriages.
(3) An authorization under subsection (2) is subject to such conditions (if any) as are
specified in the instrument.
Division 3--Same-Sex Marriage Celebrants
17 Registrar of Same-Sex Marriage Celebrants
(1) The Registrar will act as the Registrar of Same-Sex Marriage Celebrants and is to
perform those functions and has power to do all things necessary or convenient to be
done for or in connection with the performance of those functions.
18 Register of Same-Sex Marriage Celebrants
(1) The Registrar is to maintain a register of same-sex marriage celebrants.
Page 9 of 21
(2) The register may be kept in any way the Registrar thinks appropriate, including by
electronic means.
(3) The register may be made available for inspection in any way the Registrar thinks
appropriate.
(4) All information contained in the register must be made available on the Internet.
(5) Any or all of the information contained in the register may also be disseminated in
any other way the Registrar thinks appropriate, including by electronic means.
19 Entitlement to be registered as a same-sex marriage celebrant
(1) A person is only entitled to be registered as a same-sex marriage celebrant if the
person is an individual and the Registrar is satisfied that the person:
(a) is aged 18 years or over; and
(b) has all the qualifications, and/or skills, determined in writing to be necessary
by the Registrar in accordance with regulations made for the purposes of this
paragraph; and
(c) is a fit and proper person to be a same-sex marriage celebrant.
(2) In determining whether the Registrar is satisfied that the person is a fit and proper
person to be a same-sex marriage celebrant, the Registrar must take into account:
(a) whether the person has sufficient knowledge of the law relating to the
solemnization of same-sex marriages by same-sex marriage celebrants; and
(b) whether the person is committed to advising couples of the availability of
relationship support services; and
(c) whether the person is of good standing in the community; and
(d) whether the person has been convicted of an offence, punishable by
imprisonment for one year or longer, against a law of the Commonwealth, a
State or a Territory; and
(e) whether the person has an actual or potential conflict of interest between his or
her practice, or proposed practice, as a same-sex marriage celebrant and his or
her business interests or other interests; and
(f) whether the person's registration as a same-sex marriage celebrant would be
likely to result in the person gaining a benefit in respect of another business
that the person owns, controls or carries out; and
(g) whether the person will fulfil the obligations under section 23; and
(h) any other matter the Registrar considers relevant to whether the person is a fit
and proper person to be a same-sex marriage celebrant.
Page 10 of 21
20 Registration as a same-sex marriage celebrant
(1) A person may apply to be registered as a same-sex marriage celebrant by giving the
Registrar:
(a) a completed application in the form specified by regulations made for the
purposes of this paragraph; and
(b) any statutory declarations required by the form.
(2) The Registrar must deal with applications in the order in which they are received.
(3) In dealing with an application, the Registrar:
(a) must have regard to the information in the application; and
(b) may have regard to any other information in his or her possession; and
(c) is not required to seek any further information.
(4) The Registrar must register a person as a same-sex marriage celebrant if:
(a) the person has applied in accordance with subsection (1); and
(b) the Registrar is satisfied that the person is entitled to be registered as a same-
sex marriage celebrant.
The Registrar must not register a person as a same-sex marriage celebrant in any
other circumstances.
(5) The Registrar registers a person as a same-sex marriage celebrant by entering in the
register of same-sex marriage celebrants all details relating to the person that are
required by regulations made for the purposes of this subsection.
(6) If the Registrar registers a person as a same-sex marriage celebrant, the Registrar
must notify the person in accordance with regulations made for the purposes of this
subsection.
(7) If the Registrar decides not to register a person as a same-sex marriage celebrant
after dealing with the person's application, the Registrar must inform the applicant in
writing of:
(a) the decision; and
(b) the reasons for it; and
(c) the person's right under this Part (if any) to apply for review of the decision.
21 Capping of number of same-sex marriage celebrants for 5 years
(1) The Registrar must not register a person as a same-sex marriage celebrant if doing so
would cause the breach of any applicable limit on the number of same-sex marriage
celebrants determined in accordance with regulations made for the purposes of this
subsection.
Page 11 of 21
(2) Subsection (1) ceases to have effect at the end of the period of 5 years after this
section commences.
22 Effect of registration
A person who is registered as a same-sex marriage celebrant may solemnize same-
sex marriages at any place in Tasmania.
23 Obligations of each same-sex marriage celebrant
A same-sex marriage celebrant must:
(a) conduct himself or herself in accordance with the Code of Practice for same-
sex marriage celebrants prescribed by regulations made for the purposes of this
paragraph; and
(b) undertake all professional development activities required by the Registrar in
accordance with regulations made for the purposes of this paragraph; and
(c) notify the Registrar, in writing, within 30 days of:
(i) a change that results in the details entered in the register in relation to the
person no longer being correct; or
(ii) the occurrence of an event that might have caused the Registrar not to
register the person as a same-sex marriage celebrant if the event had
occurred before the person was registered.
24 Performance reviews
(1) The Registrar must regularly review each same-sex marriage celebrant's
performance to determine whether the Registrar considers that the same-sex
marriage celebrant's performance is satisfactory.
(2) The first review must be completed within 5 years of the same-sex marriage
celebrant being registered and must cover the period between registration and the
end of the review. Each later review must be completed within 5 years of the
previous review and must cover the period since the previous review.
(3) In reviewing the performance of a same-sex marriage celebrant, the Registrar:
(a) must consider the matters prescribed by regulations made for the purposes of
this paragraph; and
(b) may have regard to any information in his or her possession, but is not required
to seek any further information.
(4) The Registrar must not determine that a same-sex marriage celebrant's performance
in respect of a period was not satisfactory unless:
(a) the Registrar has, in accordance with regulations made for the purposes of this
paragraph, given the same-sex marriage celebrant a written notice:
Page 12 of 21
(i) stating the Registrar's intention to make the determination unless, before
the date specified in the notice (which must be at least 21 days after the
date on which the notice was given), the same-sex marriage celebrant
satisfies the Registrar that the same-sex marriage celebrant's performance
in respect of the period was satisfactory; and
(ii) informing the same-sex marriage celebrant that any representations made
to the Registrar before that date will be considered by the Registrar; and
(b) the Registrar has considered any representations made by the same-sex
marriage celebrant before the date specified in the notice; and
(c) the determination is made in writing within 14 days after the date specified in
the notice.
25 Disciplinary measures
(1) The Registrar may only take disciplinary measures against a same-sex marriage
celebrant if the Registrar:
(a) is satisfied that the same-sex marriage celebrant is no longer entitled to be
registered as a same-sex marriage celebrant; or
(b) is satisfied that the same-sex marriage celebrant has not complied with an
obligation under section 23; or
(c) has determined in writing that the same-sex marriage celebrant's performance
in respect of a period was not satisfactory; or
(d) is satisfied that it is appropriate to take disciplinary measures against the same-
sex marriage celebrant after considering a complaint in accordance with the
complaints resolution procedures established under paragraph 27 (c); or
(e) is satisfied that the same-sex marriage celebrant's application for registration
was known by the same-sex marriage celebrant to be false or misleading in a
material particular.
(2) The only disciplinary measures that the Registrar may take against a same-sex
marriage celebrant are to:
(a) caution the same-sex marriage celebrant in writing; or
(b) in accordance with regulations made for the purposes of this paragraph, require
the same-sex marriage celebrant to undertake professional development
activities determined in writing by the Registrar; or
(c) suspend the same-sex marriage celebrant's registration for a period (the
suspension period) of up to 6 months by annotating the register of same-sex
marriage celebrants to include:
(i) a statement that the registration is suspended; and
(ii) the dates of the start and end of the suspension period; or
Page 13 of 21
(d) deregister the same-sex marriage celebrant by removing his or her details from
the register of same-sex marriage celebrants.
(3) If the Registrar suspends a same-sex marriage celebrant's registration for a particular
period, section 22 does not apply in respect of the same-sex marriage celebrant
during the period.
(4) If the Registrar decides to take disciplinary measures against a same-sex marriage
celebrant, the Registrar:
(a) must give the same-sex marriage celebrant written notice of:
(i) the decision; and
(ii) the reasons for it; and
(iii) the disciplinary measure that is being taken; and
(iv) the same-sex marriage celebrant's right under section 26 to apply for
review of the decision; and
(b) may inform the community, in any way the Registrar thinks appropriate,
including by electronic means, that the disciplinary measure is being taken
against the same-sex marriage celebrant.
26 Review of decisions
(1) An application may be made to the Magistrates Court (Administrative Appeals
Division) for a review of a decision of the Registrar:
(a) not to register a person as a same-sex marriage celebrant (unless a ground for
the decision was that the Registrar would breach section 21 by registering the
person); or
(b) to suspend a person's registration as a same-sex marriage celebrant; or
(c) to deregister a same-sex marriage celebrant.
(2) For the purposes of both the making of an application under subsection (1) and the
operation of the Magistrates Court (Administrative Appeals Division) in relation to
such an application, if:
(a) a person has made application for registration as a same-sex marriage celebrant
under section 20; 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 same-sex marriage celebrant.
Page 14 of 21
(3) The Registrar must take such action as is necessary to give effect to the Court's
decision (even if doing so at the time the action is taken would cause a breach of a
limit under section 21).
27 Additional functions of the Registrar
The Registrar must:
(a) amend the register of same-sex marriage celebrants in accordance with
regulations made for the purposes of this paragraph; and
(b) keep records relating to same-sex marriage celebrants, and the register of
same-sex marriage celebrants, in accordance with regulations made for the
purposes of this paragraph; and
(c) establish complaints resolution procedures, in accordance with regulations
made for the purposes of this paragraph, to resolve complaints about the
solemnization of marriages by same-sex marriage celebrants; and
(d) perform any additional functions specified in regulations made for the
purposes of this paragraph.
28 Registrar not liable for damages
The Registrar is not liable to an action or other proceeding for damages in respect of
anything done, or omitted to be done, in good faith in:
(a) the exercise or performance; or
(b) the purported exercise or performance;
of powers or functions under this Act.
29 Evidence of registration etc.
A certificate, signed by the Registrar, stating that, at a specified time, or during a
specified period:
(a) a person was registered as a same-sex marriage celebrant; or
(b) a person's registration as a same-sex marriage celebrant was suspended; or
(c) a person was not registered as a same-sex marriage celebrant;
is prima facie evidence of that fact.
Page 15 of 21
Part 3 - The Register of Same-Sex Marriages
Division 1 - Keeping the Register
30. The Register
(1) The Registrar must maintain a register of same-sex marriage certificates to be
known as the Register of Same-Sex Marriages.
(2) The Register
(a) must contain the particulars of same-sex marriage certificates required
under this Act to be included in the Register; and
(b) may contain further information if the Registrar considers its inclusion
appropriate.
(3) The Register may be wholly or partly in the form of a computer database, in
documentary form, or in another form the Registrar considers appropriate.
(4) The Registrar must maintain the indexes to the Register that are necessary to make
the information contained in the Register reasonably accessible.
Division 2 - Access to, and certification of, Register entries
31. Access to Register
(1) The Registrar may, on any conditions the Registrar considers appropriate
(a) allow access to the Register to a person or organization that has an
adequate reason for wanting access to the Register; or
(b) provide information extracted from the Register to a person or
organization that has an adequate reason for wanting information from the
Register.
(2) In deciding whether an applicant has an adequate reason for wanting access to the
Register, or information from the Register, the Registrar must have regard to
(a) the nature of the applicant's interest; and
Page 16 of 21
(b) the sensitivity of the information; and
(c) the use to be made of the information; and
(d) other relevant factors.
(3) In deciding the conditions on which access to the Register, or information from
the Register, is to be allowed or provided under this section, the Registrar must, as far
as practicable, protect the persons to whom the entries in the Register relate from
unjustified intrusion on their privacy.
32. Search of Register
(1) The Registrar may, on application, search the Register for an entry about a deed of
registration.
(2) The applicant must state the reason for the applicant's interest in the subject matter
of the search.
(3) The Registrar may reject the application if the applicant does not have an adequate
reason for wanting the information to which the application relates.
(4) In deciding whether an applicant has an adequate reason for wanting information,
the Registrar must have regard to
(a) the relationship, if any, between the applicant and the persons to whom
the information relates; and
(b) the age of the entry; and
(c) the contents of the entry; and
(c) any other relevant factors.
33. Protection of privacy
In providing information extracted from the Register, the Registrar must, as far as
practicable, protect the persons to whom the entries in the Register relate from
unjustified intrusion on their privacy.
Page 17 of 21
34. Issue of certificate
(1) On completing a search of the Register under section 32, the Registrar may issue a
certificate
(a) certifying particulars contained in an entry; or
(b) certifying that no relevant entry was located in the Register.
(2) A certificate under subsection (1) is admissible in legal proceedings as evidence
of
(a) the entry to which the certificate relates; and
(b) the facts recorded in the entry.
35. Access policies
(1) The Registrar must maintain a written statement of the policies on which access to
information contained in the Register is to be given or denied under this Division.
(2) The Registrar must give a copy of the statement, on request, to any person.
36. Review
A person who is dissatisfied with a decision of the Registrar made in the
performance or purported performance of functions under this Part may apply to
the Magistrates Court (Administrative Appeals Division) for a review of the
decision.
37. False or misleading statements
A person must not, in giving any information under this Act
(a) make a statement knowing it to be false or misleading; or
(b) omit any matter from a statement knowing that without the
matter the statement is false or misleading.
Penalty:
Fine not exceeding 30 penalty units.
Page 18 of 21
38. Unauthorised access to or interference with Register
A person must not, without the authority of the Registrar or other lawful
authority
(a) obtain access to the Register or information contained in the
Register; or
(b) make, alter or delete an entry in the Register; or
(c) interfere with the Register in any other way.
Penalty:
Fine not exceeding 100 penalty units or imprisonment for a term
not exceeding 3 months, or both.
39. Falsification of certificate
(1) A person must not forge the Registrar's signature.
Penalty:
Fine not exceeding 100 penalty units or imprisonment for a term not
exceeding 3 months, or both.
(2) A person must not forge or falsify a certificate or other document under this Act.
Penalty:
Fine not exceeding 100 penalty units or imprisonment for a term not
exceeding 3 months, or both.
(3) The Registrar may impound
(a) a document which the Registrar has reason to believe bears a forged
impression of the Registrar's signature; or
(b) a certificate or other document purporting to be a certificate or other
document under this Act which the Registrar has reason to believe has
been forged or falsified; or
Page 19 of 21
(c) a certificate issued under section 34 if the entry in the Register about
the event has been revoked or corrected since the issue of the certificate.
40. Immunity from liability
(1) No liability attaches to the Registrar for an honest act or omission in the
performance or purported performance of functions under this Act.
(2) A liability that would, but for subsection (1), attach to the Registrar attaches
instead to the Crown.
41. Fees
(1) The regulations may prescribe fees or a basis for calculating fees for
(a) lodgment of an application for registration of a deed of relationship; or
(b) lodgment of an application for revocation of a deed of relationship; or
(c) access to the Register; or
(d) a search of the Register; or
(e) the issue of a certificate following a search of the Register; or
(f) other services provided by the Registrar.
(2) The regulations may allow for fees to be fixed by negotiation between the
Registrar and the person who asks for the relevant services.
42. Consequential amendments
(1) The Acts Interpretation Act 1931 is amended by:
inserting the following definition into section 46 after the definition of
"Magistrates Court":
"Marriage" includes marriage under the Same-Sex Marriage Act 2005.
Page 20 of 21
(2) The Relationships Act 2003 is amended by deleting the definition of
"marriage" in section 3 and inserting the following section:
"3A. Notwithstanding the definition of "Marriage" in the Acts
Interpretation Act 1931, in this Act "marriage" means a marriage under
the Marriage Act 1961 of the Commonwealth.
43. Regulations
The Governor may make regulations for the purposes of this Act.
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