AN ARRANGEMENT BETWEEN:
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 QUEENSLAND, acting with the advice of the Executive Council of that State.
IT IS ARRANGED AS FOLLOWS:
1 Title
This arrangement is the Marriage (Queensland) Arrangement 2017
2 Commencement
This arrangement commences on the day after the arrangement is registered.
3 Authority
This arrangement is made under subsection 9(1) of the Marriage Act 1961.
4 Definitions
In this arrangement:
Act means the Marriage Act 1961.
5 Arrangement with Queensland
For the purposes of subsection 9(1) of the Act, the following arrangements are made:
Arrangements with Queensland |
Column 1 | Column 2 | Column 3 |
Item | For the purposes of … | the arrangement is that … |
1 | paragraph 9(1)(b) of the Act | all persons who from time to time hold office as Judges of the Supreme Court of Queensland may perform the functions of a Judge under sections 12, 16 and 17 of the Act |
2 | paragraph 9(1)(c) of the Act | all persons who from time to time hold office as Magistrates in Queensland may perform the functions of a magistrate under sections 12 and 16 of the Act |
3 | paragraph 9(1)(d) of the Act | an officer of Queensland may be nominated to be authorised to solemnise marriages by the person holding or acting in the office of Registrar-General of Births, Deaths and Marriages for Queensland |
4 | paragraph 9(1)(e) of the Act | an officer of Queensland may be nominated for appointment as a prescribed authority by the person holding or acting in the office of Registrar-General of Births, Deaths and Marriages for Queensland |
5 | paragraph 9(1)(f) of the Act | the person holding or acting in the office of Registrar-General of Births, Deaths and Marriages for Queensland may be appointed as Registrar of Ministers of Religion for Queensland under Subdivision A of Division 1 of Part IV of the Act |
6 | paragraph 9(1)(g) of the Act | the person holding or acting in the office of Registrar-General of Births, Deaths and Marriages for Queensland may be authorised as an authorised officer for the purposes of section 51 of the Act |
6 Repeal of previous arrangements
Any arrangement with the State of Queensland relating to section 9 or subsection 9(1) of the Act previously made is repealed.
Dated 16 October 2017
Peter Cosgrove
Governor-General
By His Excellency’s Command
George Brandis QC
Attorney-General of
the Commonwealth of Australia
Paul de Jersey AC
Governor of the
State of Queensland
By His Excellency’s Command
Yvette D’Ath
Attorney-General of
the State of Queensland
Overview
The Marriage (Queensland) Arrangement 2017 was enacted in 2017 to formalise the roles of Queensland officials in the administration of marriages under the federal Marriage Act 1961. This arrangement, made under the authority of subsection 9(1) of the Marriage Act 1961, aims to ensure that the legal framework governing marriage in Australia is uniformly applied across all states, including Queensland. By providing specific arrangements for the roles of judges, magistrates, and officers within Queensland's judicial and registry systems, the arrangement seeks to maintain consistency in the solemnisation and registration of marriages. The arrangement is a response to the need to clarify jurisdictional roles in marriage proceedings, ensuring that Queensland officials can perform their functions as specified under federal law. The enactment of this arrangement by the Governor-General of the Commonwealth of Australia and the Governor of the State of Queensland, with the advice of their respective councils, underscores the collaborative effort to uphold the integrity of marriage laws across Australia.
Scope and Application
The Marriage (Queensland) Arrangement 2017, enacted under the authority of the Marriage Act 1961, establishes specific arrangements between the Commonwealth of Australia and the State of Queensland concerning the solemnisation and registration of marriages. This arrangement is made pursuant to subsection 9(1) of the Marriage Act 1961, and it applies to individuals holding offices such as Judges of the Supreme Court of Queensland, Magistrates in Queensland, and officers of Queensland who may perform or be involved in the functions of marriage solemnisation and registration. The arrangement grants these officials the authority to perform certain marriage-related functions as outlined in the Act. The arrangement also allows for the nomination of Queensland officers to be authorised to solemnise marriages and be appointed as prescribed authorities or Registrars of Ministers of Religion for Queensland. This arrangement replaces any previous arrangements between the Commonwealth and Queensland regarding section 9 or subsection 9(1) of the Act. The scope of the legislation is limited to Queensland, and it does not specify any exclusions, exemptions, or thresholds for its application.
Key Provisions
The Marriage (Queensland) Arrangement 2017 outlines specific arrangements concerning the Marriage Act 1961, as stated in section 4. Under this arrangement, certain officials within Queensland are granted specific functions related to marriage solemnisation and registration. For example, section 5(1) designates all Judges of the Supreme Court of Queensland to perform functions as Judges under sections 12, 16, and 17 of the Act, while section 5(2) allows Magistrates in Queensland to act as magistrates under sections 12 and 16 of the Act. Additionally, sections 5(3) to 5(6) provide that officers from Queensland can be nominated for various roles such as solemnising marriages, being appointed as prescribed authorities, and acting as Registrars of Ministers of Religion or authorised officers.
The obligations imposed by this arrangement on the relevant parties are primarily to ensure that the designated officials carry out their specified functions within the legal framework provided by the Marriage Act 1961. For instance, Judges and Magistrates must perform their roles as outlined in sections 5(1) and 5(2), while officers must be nominated and approved for their respective roles by the Registrar-General of Births, Deaths and Marriages for Queensland, as per sections 5(3) to 5(6). These officials are expected to adhere strictly to the requirements and procedures stipulated in the Act.
In terms of consequences for non-compliance, while the arrangement itself does not explicitly state penalties for breaches, the Marriage Act 1961 and associated regulations provide a framework for potential civil or criminal liabilities. Generally, failure to comply with the Act's provisions can result in penalties such as fines or imprisonment, depending on the severity of the breach. However, specific penalties would be determined based on the particular sections of the Act that are contravened and the nature of the offence.