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 SOUTH AUSTRALIA, acting with the advice of the Executive Council of that State.
IT IS ARRANGED AS FOLLOWS:
1 Title
This arrangement is the Marriage (South Australia) 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 South Australia
For the purposes of subsection 9(1) of the Act, the following arrangements are made:
Arrangements with South Australia |
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 South Australia 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 South Australia 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 South Australia may be nominated to be authorised to solemnise marriages by the person holding or acting in the office of Registrar of Births, Deaths and Marriages for South Australia |
4 | paragraph 9(1)(e) of the Act | an officer of South Australia may be nominated for appointment as a prescribed authority by the person holding or acting in the office of Registrar of Births, Deaths and Marriages for South Australia |
5 | paragraph 9(1)(f) of the Act | the person holding or acting in the office of Registrar of Births, Deaths and Marriages for South Australia may be appointed as Registrar of Ministers of Religion for South Australia 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 of Births, Deaths and Marriages for South Australia 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arrangement with the State of South Australia relating to section 9 or subsection 9(1) of the Act previously made is repealed.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
Hieu Van Le AC
Governor of the
State of South Australia
By His Excellency’s Command
John Rau MP
Attorney-General of
the State of South Australia
Overview
The Marriage (South Australia) Arrangement 2017 was enacted to formalise the roles and functions of various officials in South Australia concerning marriage solemnisation under the Marriage Act 1961. This arrangement was made under subsection 9(1) of the Act, 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 South Australia, acting with the advice of the Executive Council of that State. The primary objective of this arrangement is to ensure that South Australian officials can perform their designated functions relating to marriages without any ambiguity or legal oversight issues. This arrangement also repeals any previous arrangements related to section 9 or subsection 9(1) of the Act.
Scope and Application
The Marriage (South Australia) Arrangement 2017, established under the Marriage Act 1961, delineates the specific roles and functions pertaining to marriage ceremonies within the state of South Australia. This arrangement applies to individuals holding certain judicial offices, namely Judges of the Supreme Court and Magistrates, empowering them to perform marriage-related functions as outlined in sections 12, 16, and 17 of the Act. Furthermore, it allows for the nomination and appointment of South Australian officers to solemnise marriages and act as prescribed authorities or authorised officers, as well as the appointment of the Registrar of Births, Deaths and Marriages for South Australia as a Registrar of Ministers of Religion and an authorised officer. The arrangement supersedes any previous agreements concerning section 9 or subsection 9(1) of the Act. This legislative arrangement is limited to South Australia and does not extend beyond the state's jurisdiction. The scope and application of the arrangement can be further defined and expanded through subordinate instruments, as authorised by the Act.
Key Provisions
The Marriage (South Australia) Arrangement 2017, as set out in section 5, establishes that specific officials in South Australia can perform certain marriage-related duties under the Marriage Act 1961. These include allowing Judges of the Supreme Court of South Australia to conduct marriage functions under sections 12, 16, and 17 of the Act (Item 1), Magistrates in South Australia to perform magistrate functions under sections 12 and 16 of the Act (Item 2), an officer of South Australia to be nominated for the role of solemnising marriages by the Registrar of Births, Deaths and Marriages for South Australia (Item 3), and the Registrar of Births, Deaths and Marriages for South Australia to appoint officers as prescribed authorities (Item 4), be appointed as Registrar of Ministers of Religion (Item 5), and be authorised as an authorised officer under section 51 of the Act (Item 6). The arrangement also repeals any previous arrangements with South Australia relating to section 9 or subsection 9(1) of the Act (section 6). This legislation ensures that specific roles and responsibilities are clearly defined for marriage-related functions within South Australia, thereby providing a legal framework for their implementation.
The Marriage (South Australia) Arrangement 2017 imposes specific obligations on the identified officials within South Australia. For instance, Judges of the Supreme Court and Magistrates are required to perform their respective marriage functions as delineated in the Act, ensuring that these roles are fulfilled in accordance with the legislative framework (Items 1 and 2). Additionally, the Registrar of Births, Deaths and Marriages for South Australia must nominate officers to solemnise marriages and appoint prescribed authorities, as well as authorise themselves as Registrars of Ministers of Religion and authorised officers (Items 3 to 6). These obligations ensure that the officials involved are clearly defined and accountable for their respective duties under the Act, thereby maintaining the integrity and functionality of the marriage registration process within South Australia.
The Marriage (South Australia) Arrangement 2017 does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of its provisions. However, any failure by the designated officials to perform their duties as specified by the Act could potentially lead to legal consequences. For instance, if a Judge or Magistrate fails to conduct their marriage-related functions as required, this could be seen as a dereliction of duty and might result in legal action. Similarly, if the Registrar of Births, Deaths and Marriages for South Australia does not properly nominate officers or appoint prescribed authorities, this could lead to administrative penalties or legal challenges. While the Arrangement itself does not detail maximum penalties, breaches of the underlying Marriage Act 1961 could attract penalties such as fines and imprisonment, depending on the severity and nature of the breach.