AN ARRANGEMENT BETWEEN:
HIS EXCELLENCY THE GOVERNOR-GENERAL OF THE COMMONWEALTH OF AUSTRALIA, acting with the advice of the Federal Executive Council
AND
HER EXCELLENCY THE GOVERNOR OF THE STATE OF TASMANIA, acting with the advice of the Executive Council of that State.
IT IS ARRANGED AS FOLLOWS:
1 Title
This arrangement is the Marriage (Tasmania) 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 Tasmania
For the purposes of subsection 9(1) of the Act, the following arrangements are made:
Arrangements with Tasmania |
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 Tasmania 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 Tasmania 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 Tasmania 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 Tasmania |
4 | paragraph 9(1)(e) of the Act | an officer of Tasmania 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 Tasmania |
5 | paragraph 9(1)(f) of the Act | the person holding or acting in the office of Registrar of Births, Deaths and Marriages for Tasmania may be appointed as Registrar of Ministers of Religion for Tasmania 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 Tasmania 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Any arrangement with the State of Tasmania relating to section 9 or subsection 9(1) of the Act previously made is repealed.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
Kate Warner AC
Governor of the
State of Tasmania
By Her Excellency’s Command
Matthew Groom MP
Acting Attorney-General of
the State of Tasmania
Overview
The Marriage (Tasmania) Arrangement 2017, enacted in 2017, was introduced to formalise the legislative framework for the solemnisation of marriages in the state of Tasmania. This arrangement, made under the authority of subsection 9(1) of the Marriage Act 1961, aims to address the specific requirements for the performance of marriage-related functions within Tasmania. It was enacted by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, in conjunction with the Governor of Tasmania and the Executive Council of Tasmania. The overarching policy objective of this arrangement is to ensure that the solemnisation of marriages in Tasmania is conducted in accordance with the federal Marriage Act 1961, thereby maintaining uniformity and legal consistency across the states and territories of Australia.
Scope and Application
The Marriage (Tasmania) Arrangement 2017 pertains to the performance of specific functions under the Marriage Act 1961, by certain officials in the State of Tasmania. This arrangement delineates that Judges of the Supreme Court of Tasmania, Magistrates in Tasmania, officers of the Tasmanian government, and the Registrar of Births, Deaths and Marriages for Tasmania can perform particular roles related to the solemnisation and registration of marriages as outlined in the Act. This arrangement applies to all individuals who hold these offices at any given time within Tasmania and is effective from the day after its registration. The scope of this arrangement is confined to the State of Tasmania and it replaces any previous arrangements made under section 9 or subsection 9(1) of the Marriage Act 1961 with respect to Tasmania. This legislative arrangement is made under the authority of subsection 9(1) of the Marriage Act 1961 and is a formal agreement between the Commonwealth and the State of Tasmania.
Key Provisions
The Marriage (Tasmania) Arrangement 2017 (section 1) establishes specific provisions for marriage-related functions within Tasmania, coming into effect the day after it is registered (section 2). The arrangement is made under subsection 9(1) of the Marriage Act 1961 (section 3) and includes definitions clarifying terms used within the document (section 4). The main operative sections of the arrangement detail the specific arrangements made with Tasmania to align with the Marriage Act 1961, including provisions for who can perform certain marriage-related functions (section 5). For instance, Judges of the Supreme Court of Tasmania are permitted to perform the functions of a Judge under sections 12, 16, and 17 of the Act (section 5, item 1). Similarly, Magistrates in Tasmania are allowed to perform the functions of a magistrate under sections 12 and 16 of the Act (section 5, item 2).
The arrangement imposes specific obligations on the parties involved. For instance, it designates that officers of Tasmania may be nominated to be authorised to solemnise marriages by the Registrar of Births, Deaths, and Marriages for Tasmania (section 5, item 3). It also allows for the appointment of the Registrar of Births, Deaths, and Marriages for Tasmania as a Registrar of Ministers of Religion for Tasmania (section 5, item 5) and as an authorised officer under section 51 of the Act (section 5, item 6). These obligations are intended to streamline the administrative processes related to marriage solemnisation and registration within Tasmania, ensuring compliance with federal legislation.
Breaches of the provisions outlined in the Marriage (Tasmania) Arrangement 2017 may result in various consequences. Although the document itself does not explicitly detail specific offences, penalties, or civil/criminal consequences, violations would likely be addressed under the broader provisions of the Marriage Act 1961. Penalties for breaches of the Marriage Act can include fines and imprisonment, depending on the severity of the offence. For instance, offences related to the solemnisation of marriages can result in fines up to a certain amount, and more serious offences may attract imprisonment terms. The specific penalties would be determined in accordance with the relevant sections of the Marriage Act 1961.