8. Family

​D. Marriage

​i.  Legislation

Commonwealth:
Made under the Marriage (Celebrant Registration Charge) Act 2014 (Cth):
  • Marriage (Celebrant Registration Charge) Determination 2020: sets the celebrant registration charge payable by Commonwealth-registered marriage celebrants at $0 for the 2020-2021 financial year and repeals the Marriage (Celebrant Registration Charge) Determination 2014. According to the Explanatory Statement: "The decision to set the Charge at $0 for 2020-21 is appropriate and timely. Marriage celebrants have been impacted economically by measures introduced to contain the spread of COVID-19. The Program has also modestly over-recovered revenue since July 2014, and, while the impacts of COVID-19 on cost recovery for the 2019‑20 financial year are still to be fully determined, an over-recovery is expected due to continued efficiency gains in administering the Program and applications exceeding forecasts.  As such setting the Charge at $0 for one year will still allow a cost neutral outcome to occur over the longer term. This approach is consistent with the Government’s Cost Recovery Guidelines. Setting the Charge at $0 is a one-off measure for 2020-21. The Charge will be reviewed prior to the 2021‑22 financial year with a view to establishing a value that is sustainable for the longer term through a new determination".

ii.  Case law

​This is an area of substantive law that is likely to result in case law. As of the last update, we are not aware of any relevant decision of a superior court in this area.