A Celebrant Institute member asks:
I know celebrants are required send all the legal documents after the wedding day or submit via lifelink within 14 days of the ceremony but what actually happens if we forget?
Sarah’s on holidays this week but luckily for you, this is a question even I can answer.
The two week deadline for submission isn’t a guideline or a recommendation.
It’s the law, here’s a grab from section 50 of the Marriage Act 1961:
The authorised celebrant shall hand the certificate referred to in paragraph (1)(a) to one of the parties to the marriage on behalf of the parties, and where 2 official certificates have been prepared: within 14 days after the solemnisation of the marriage, forward the official certificate to which subsection (3) applies, together with the notice under section 42, the order (if any) under section 12 and any statutory declarations, consents and dispensations with consents relating to the marriage that are in his or her possession, to the appropriate registering authority of a State or Territory ascertained in accordance with the regulations.
So what would happen?
I’m no lawyer but it sounds like if you miss that deadline you’re in the criminal zone, in offence of federal legislation and the Marriage Act stupiulates that it’s to be dealt with according to the Criminal Act.
I’m going to jump in here too. While Josh is right that this is a pretty hard and fast deadline, if you did it once you’re not going to prison. However I do know that VIC BDM (and I have no doubt other BDMs) report celebrants who submit their paperwork late on a consistent basis to the AGD for investigation. So a one-off error isn’t going to be a disaster, but don’t do it on a regular basis!
Here is a question regarding “days”. In law, when something says 14 days, is that calendar days, or is it business days when dealing with the government. Just a questions that popped into my head as I am assuming 14 calendar days, but thiught I would ask the gurus.
The Acts Interpretation Act 1901 is the piece of legislation that sets out how all Commonwealth legislation should be read. It specifically defines “business days” and also mentions “sitting days” (in reference to Parliament). Therefore, because the Marriage Act does not use the term “business days”, it automatically defaults to calendar days. So we are required to send paperwork to BDM within 14 calendar days of the Marriage. 🙂