77Dealing with retained official certificates

77 Dealing with retained official certificates

(1) For the purposes of subparagraph 50(4)(a)(ii) and paragraph 50(4)(b) of the Act, this section sets out how a person who solemnised a marriage in Australia is to deal with the official certificate in relation to the marriage that is retained by the person. Ministers of religion (2) If the person solemnised the marriage as a minister of religion, the person must deal with the official certificate in relation to the marriage by ensuring that: (a) if the marriage was solemnised in a church of the relevant religious body or religious organisation that is in a parish or other district in charge of a minister of religion of that organisation or body—the certificate is added to the records of the parish or district; or (b) if the marriage was solemnised in a church of the relevant religious body or religious organisation that is not in a parish or district of the kind referred to in paragraph (a)—the certificate is added to the records of the church; or (c) in any other case—the certificate is added to the records of the relevant religious body or religious organisation. Authorised celebrants required to prepare only one official certificate (3) If the person who solemnised the marriage is required by section 75 to prepare only one official certificate in relation to the marriage, the person must deal with the certificate: (a) if a law of the State or Territory in which the marriage was solemnised requires the person to do anything for the purposes of binding that certificate into a register or dealing with it in any other way—in accordance with that law; or (b) in any other case—by sending the certificate to, or dealing with it as authorised by, the appropriate registering authority for the marriage.

Note: See Schedule 4 for a list of State and Territory offices where the office holder is required to prepare only one official certificate in relation to a marriage.

Other authorised celebrants (4) If subsections (2) and (3) do not apply to the person who solemnised the marriage, the person must, subject to subsection (5) and (6), deal with the official certificate in relation to the marriage by retaining it for a period of 6 years starting on the day after the day the marriage was solemnised. (5) If: (a) the person referred to in subsection (4) is authorised under section 39 of the Act; and (b) the authorisation ceases before the end of the period referred to in that subsection; the person must deal with the official certificate in relation to the marriage by sending the certificate to, or dealing with it as authorised by, the appropriate registering authority for the marriage. (6) Subsection (4) does not apply to a person if the person dies, or becomes permanently incapacitated, before the period referred to in that subsection ends.