Document ID: chunk:federal_register_of_legislation:C2024C00853:clause:1_39d:p1
Version: federal_register_of_legislation:C2024C00853
Segment Type: clause
Provision Reference: sch 1 cl 39D (pt 1/3)
Character Range: 63044–65781

39D  Registration as a marriage celebrant

Applying for registration
 (1) A person may apply, in writing, to the Registrar of Marriage Celebrants to be registered as a marriage celebrant.
 (1A) An application is taken to be made if, and only if:
 (a) the application complies with subsection (1); and
 (b) the applicant has either:
 (i) paid the registration application fee in respect of the application; or
 (ii) been granted an exemption from liability to pay the registration application fee.
Note: The application is made on the day on which paragraphs (a) and (b) are first satisfied in relation to the application.

Registration application fees
 (1B) The regulations may require a fee (a registration application fee) to be paid in respect of an application.
 (1C) The regulations may also do all or any of the following:
 (a) provide for the granting of exemptions, on grounds specified in the regulations, from liability to pay a registration application fee;
 (b) require a fee to be paid in respect of an application for an exemption;
 (c) provide for internal review of decisions to refuse to grant exemptions.
 (1D) Regulations made for the purpose of subsection (1B) or paragraph (1C)(b) may specify a fee, or provide for a fee to be determined by the Minister by legislative instrument.
 (1E) Regulations made for the purpose of paragraph (1C)(c) must provide that the outcome of an internal review of a decision to refuse to grant an exemption is either:
 (a) that the refusal decision is confirmed; or
 (b) that an exemption is granted, with effect from when the internal review decision is made.

Refund of registration application fee
 (1F) The Registrar may refund the whole or a part of a registration application fee that was paid in respect of an application by a person to be registered as a marriage celebrant if:
 (a) the Registrar is not satisfied that the person meets the requirement referred to in paragraph 39C(1)(b) (required qualifications or skills); or
 (b) the person has been granted an exemption from liability to pay the registration application fee; or
 (c) any other circumstances prescribed by the regulations for the purposes of this paragraph exist.
 (1G) The Registrar may refund the whole or a part of a registration application fee under subsection (1F):
 (a) on the initiative of the Registrar; or
 (b) on application by the person who made the application to be registered as a marriage celebrant.

How Registrar deals with applications
 (2) The Registrar must deal with applications in the order in which they are made (see subsection (1A)).
 (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