39Authorisation of State and Territory officers etc.

#### 39 Authorisation of State and Territory officers etc. (1) A person who, under the law of a State or Territory, has the function of registering marriages solemnised in the State or Territory or a part of the State or Territory may solemnise marriages in that State or Territory or in that part of the State or Territory, as the case may be. (2) The Minister may, by instrument in writing and subject to subsection (2A), authorise other officers of a State or Territory to solemnise marriages. (2A) The Minister must not, under subsection (2), authorise an officer of a State or Territory to solemnise marriages if the officer: (a) is registered as a marriage celebrant under Subdivision C of this Division; or (b) is a minister of religion who is registered under Subdivision A of this Division. (3) An authorisation under subsection (2): (a) may authorise a person to solemnise marriages at any place in Australia or only in the part or parts of Australia specified in the instrument of authorisation; and (b) is subject to such conditions (if any) as are specified in the instrument. (4) An authorisation under subsection (2) is not a legislative instrument.