Marriage (New South Wales) Arrangement 2017

Overview

The Marriage (New South Wales) Arrangement 2017 was enacted to formalise the roles and responsibilities of various officials within New South Wales in relation to the solemnisation and registration of marriages under the Marriage Act 1961. This arrangement was introduced to address the need for clarity and consistency in the application of federal marriage laws within the state, ensuring that officials such as Judges, Magistrates, and Registrars of Births, Deaths and Marriages in New South Wales are explicitly recognised for their roles in performing marriage-related functions. The arrangement was made under the authority of subsection 9(1) of the Marriage Act 1961 and was enacted by His Excellency the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and His Excellency the Governor of the State of New South Wales, acting with the advice of the Executive Council of that State. The policy objective was to streamline and formalise the administrative procedures for marriage solemnisation and registration, thereby ensuring compliance with federal laws while respecting state jurisdictional roles.

Scope and Application

The Marriage (New South Wales) Arrangement 2017 outlines specific provisions under the Marriage Act 1961, designating the roles and functions of certain officials within the state of New South Wales concerning marriage solemnisation and registration. This arrangement applies to all persons who currently hold office as Judges of the Supreme Court of New South Wales and Magistrates in New South Wales, allowing them to perform functions as Judges and Magistrates under sections 12, 16, and 17 of the Act. Furthermore, it permits officers of New South Wales to be nominated for the solemnisation of marriages by the Registrar of Births, Deaths and Marriages for New South Wales and for appointment as a prescribed authority by the same office. Additionally, the Registrar of Births, Deaths and Marriages for New South Wales may be appointed as Registrar of Ministers of Religion and authorised as an authorised officer for the purposes of section 51 of the Act. The arrangement has a jurisdictional reach limited to the state of New South Wales and supersedes any previous agreements relating to section 9 or subsection 9(1) of the Act.

Key Provisions

The Marriage (New South Wales) Arrangement 2017 (sections 1 to 6) sets out specific arrangements concerning the administration of marriage laws within New South Wales. This arrangement allows Judges of the Supreme Court of New South Wales (section 1(1)) to perform the functions of a Judge under sections 12, 16, and 17 of the Marriage Act 1961. Similarly, Magistrates in New South Wales (section 1(2)) are permitted to perform the functions of a magistrate under sections 12 and 16 of the Act. Additionally, officers of New South Wales (section 1(3) and (4)) may be nominated to solemnise marriages or to be appointed as prescribed authorities by the Registrar of Births, Deaths and Marriages for New South Wales. Furthermore, the Registrar of Births, Deaths and Marriages for New South Wales (section 1(5) and (6)) can be appointed as Registrar of Ministers of Religion for New South Wales and authorised as an authorised officer for the purposes of section 51 of the Act. The parties governed by this arrangement, including Judges, Magistrates, and officers of New South Wales, have specific obligations under the Marriage Act 1961. Judges and Magistrates must perform their designated functions in accordance with the Act, while officers of New South Wales must be nominated by the Registrar of Births, Deaths and Marriages for New South Wales for the roles of solemnising marriages or being appointed as prescribed authorities. The Registrar of Births, Deaths and Marriages for New South Wales must also comply with their role as Registrar of Ministers of Religion for New South Wales and as an authorised officer. There are no specific offences, penalties, or consequences outlined in this arrangement for breaches of the Marriage Act 1961. However, any breach of the Act would be subject to the general penalties and consequences as provided for in the Act itself. These may include fines, imprisonment, or other civil or criminal consequences, depending on the nature and severity of the breach. The maximum penalties for offences under the Marriage Act 1961 can vary widely, depending on the specific offence and jurisdiction, but can include fines of up to $22,200 and/or imprisonment for up to two years for less serious offences, and up to $222,000 and/or imprisonment for up to ten years for more serious offences.