EXPLANATORY STATEMENT

Issued by the Authority of the Attorney-General

Marriage Act 1961

Marriage (Recognised Denominations) Proclamation 2007

Section 26 of the Marriage Act 1961 (the Act) provides that the Governor-General may, by Proclamation, declare a religious body or a religious organization to be a recognised denomination for the purpose of the Act. 

Churches declared by the Governor-General to be recognised denominations under section 26 of the Act are permitted to nominate ministers of religion directly to the State and Territory Registrars of Births, Deaths and Marriages for authorisation as marriage celebrants.  There were 108 denominations recognised by virtue of the Marriage (Recognised Denominations) Proclamation 2006 made by the Governor-General on 2 March 2006.

The Marriage (Recognised Denominations) Proclamation 1999 has been revoked and remade to correct the inadvertent omission of the Independent Baptist Fellowship from the Marriage (Recognised Denominations) Proclamation 2006.

The Act specifies no conditions that need to be satisfied before the power to make the Proclamation may be exercised.

The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Pursuant to section 17 of the Legislative Instruments Act 2003 consultation by way of discussions on the Proclamation has been undertaken with the Independent Baptist Fellowship and the NSW Registry of Births, Deaths and Marriages.  

Authority:	Section 26 of the Marriage Act 1961