Senate debates

Wednesday, 19 June 2013

Bills

Marriage Amendment (Celebrant Administration and Fees) Bill 2013, Marriage (Celebrant Registration Charge) Bill 2013; Second Reading

5:12 pm

Photo of Kate LundyKate Lundy (ACT, Australian Labor Party, Minister Assisting for Industry and Innovation) Share this | | Hansard source

I move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

MARRIAGE AMENDMENT (CELEBRANT ADMINISTRATION AND FEES) BILL 2013

The Marriage Amendment (Celebrant Administration and Fees) Bill 2013 will help to improve the services celebrants provide to couples and their families on their wedding day.

It implements a 2011 Budget decision to introduce cost recovery for Commonwealth-registered marriage celebrants in Australia, and makes minor amendments related to the administration of the Marriage Celebrants Program.

We all know that a couple’s wedding day is one of the most important moments in their lives. Marriage celebrants are an essential feature of many modern weddings, and their numbers have significantly increased as many people move away from traditional religious marriage ceremonies.

Recent ABS figures show that 71 per cent of marriages in 2011 were conducted by a civil celebrant.

The Commonwealth has constitutional responsibility for marriage matters, including the Marriage Celebrants Program. The Program, established in 1973 under the Marriage Act 1961 seeks to provide marrying couples who do not want to have a mainstream religious ceremony with a meaningful alternative to a registry wedding.

The great majority of celebrants perform this role to a very high standard. However, the quality of services provided by marriage celebrants does vary. Their important role carries significant legal responsibilities and the community is entitled to expect that Commonwealth registered marriage celebrants are suitably equipped to discharge their functions.

The implementation of cost recovery will enable the Program to improve education and training services provided to Commonwealth-registered marriage celebrants, while also effectively regulating ensuring quality control for those celebrants. It will also provide the Program with resources to better scrutinise aspiring celebrants prior to registration.

These measures will in turn ensure professional and legally correct services are delivered to marrying couples in Australia.

The administration of the Program includes assessing and authorising new marriage celebrants for registration, reviewing celebrant performance, resolving complaints about celebrants, handling a large volume of enquiries from celebrants, producing information and guidance materials, managing ongoing professional development arrangements and engaging with celebrants and their peak group.

Many of these functions are carried out by the Registrar of Marriage Celebrants, a departmental officer with specific authority under the Marriage Act.

From 1 July 2013, Commonwealth-registered marriage celebrants and celebrant applicants will meet cost recovery requirements.

Exemptions will be made available from the fee in certain circumstances, including for celebrants in remote areas to ensure continued access to celebrancy services for those communities.

During the extensive consultation process, celebrants have been advised of the structure and quantum of the fee. Subject to the passage of this, from 1 July 2013, there will be:

        The Celebrant Administration and Fees Bill provides legislative authority for some of the cost recovery arrangements, as well as outlining the operation of the system.

        This Bill also makes some minor administrative amendments to enhance the operation of the Program. This includes the introduction of an Australian passport as an additional identity document that a celebrant may use to establish a marrying parties’ place and date of birth.

        These amendments will allow the Attorney-General’s Department to provide a stronger regulatory and information service to existing and aspiring Commonwealth registered marriage celebrants.

        This will in turn ensure that marrying couples are legally and validly married through a professional service, as they should rightfully expect on their wedding day.

        MARRIAGE (CELEBRANT REGISTRATION CHARGE) BILL 2013

        The Marriage (Celebrant Registration Charge) Bill 2013 specifically implements the 2011-12 Budget decision to introduce cost recovery for Commonwealth registered marriage celebrants from 1 July 2013.

        The celebrant registration charge will enable the Attorney-General's Department to administer the marriage Celebrants program and deliver important services to Commonwealth-registered marriage celebrants.

        Under the Government's Cost Recovery Guidelines, the celebrant registration charge is a cost recovery levy. It is therefore necessary to introduce this separate bill.

        The bill allows the amount of the charge to be set by the Minister by legislative instrument up to a statutory limit which is set at $600 in the year commencing 1 July 2013.

        We have indicated that the amount to be set will be lower than $600 in the introductory year. This may be amended by the Minister in future years, to reflect the costs of administering the Program.

        The bill allows for indexation for future financial years, capped to reflect Consumer Price Index increases over time. This will reduce the need to amend the primary legislation in the future.

        For people who become marriage celebrants later than 1 July in any financial year, a determination may provide that different amounts of the celebrant registration charge are payable in respect of that year.

        This is to reflect the costs incurred by the program in administering newly appointed celebrants until the following 1 July. It also acknowledges that people registered close to 1 July in any given year are not disadvantaged by paying a full celebrant registration charge twice in a short period of time.

        Conclusion

        The Marriage Amendment (Celebrant Administration and Fees) Bill will provide legislative authority to charge Commonwealth-registered marriage celebrants an annual celebrant registration fee.

        I seek leave to continue my remarks later.

        Leave granted; debate adjourned.