Marriage Celebrants Programme—
October 2015
Pop up weddings
‘Pop up weddings’are a growing trend in the wedding industry. A pop up wedding generally involves a marriage celebrant working with other wedding industry suppliers (for example, photographers, decorators and florists) to provide wedding ceremonies.
There is no restriction under the Marriage Act 1961 or the Marriage Regulations 1963 on authorised celebrants participating in pop up weddings. However, if you participate in a pop up wedding, you should consider whether:
- a benefit to business situation could arise
- a real or potential conflict of interest could arise
- youwill be able to comply with your obligations under competition and consumer laws.
Your involvement in a pop up wedding must not interfere with your ability to fulfilyour duties as a marriage celebrant. You must be able torefuse to solemnise a marriage if required.You should explain your legal responsibilities to others involved in the pop up wedding business.
Benefit to business and conflict of interest
A benefit to business arises where you own, control or carry out another business that may gain a benefit because of your role as a marriage celebrant. These situations may arise if you own or have an interest in any of the other wedding service providers in the pop up wedding business or the pop up wedding business itself.
A conflict of interest is where your interests or activities would make it difficult for you to fulfil your legal duties and functions as a marriage celebrant in good faith. Receiving a benefit to business can cause a conflict of interest to arise. A conflict of interest can also arise where no benefit to business is received.
A celebrant involved in a pop up wedding business must ensure that they comply with the Marriage Act and Regulations,including the Code of Practice for marriage celebrants,at all times.
Competition and consumer law
Marriage celebrants must observe Commonwealth and state and territory laws. Celebrants who are involved in pop up weddingsshould ensure they comply with the requirementsof competition and consumer laws, including laws about exclusive dealings such as third line forcing.[1] To avoid exclusive dealing issues, a celebrant should not restrict their services to a pop up wedding business—a couple should be able to hire a celebrant, without using the pop up wedding business.
What should I do if I think my involvement in a pop up wedding business may cause a benefit to business and/or conflict of interest?
If you have any doubts you should declare your potential conflict of interest or benefit to business. Your circumstances will be assessed and you may be asked to address the conflict of interest or benefit to business.
Example
SCENARIO: Celebrant A owns a wedding decorating company and will also offer pop up weddings. CelebrantA will provide both celebrant and wedding decorating services as part of the pop up wedding. Celebrant A is also the sole owner and operator of the pop up wedding business.
ANSWER:Celebrant Ais receiving two benefits to business:
- Celebrant A is receiving a fee from couples for providing a non-celebrancy service—a decorating service.
- Celebrant A is also benefiting from any profit the pop up wedding business makes, because they own the business.
Celebrant A also has a potential conflict of interest—these benefits to business may make it difficult to fulfil their obligations as a marriage celebrant in good faith. This is because:
- Celebrant Ais receiving payment for the decorations
- There may be a financial or reputational impact on Celebrant A’s pop up wedding business if the wedding does not proceed.
To avoid the benefits to business, Celebrant A should separate their business interests from their role as a celebrant. For example, Celebrant A could own and operate a pop up wedding business and provide decoration services, but engage the services of another celebrant to solemnise the marriages.
Further information
- Attorney-General’s Department website: Guidelines on conflict of interest and benefit to business.
- Competition and Consumer Commission website:
Pop up weddings
[1] Section 47 of the Competition and Consumer Act 2010