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 VICTORIA, acting with the advice of the Premier of that State.
IT IS ARRANGED AS FOLLOWS:
1 Title
This arrangement is the Marriage (Victoria) 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 Victoria
For the purposes of subsection 9(1) of the Act, the following arrangements are made:
Arrangements with Victoria |
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 Victoria or Judges of the County Court of Victoria 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 Victoria 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 Victoria may be nominated to be authorised to solemnise marriages by the person holding or acting in the office of Director and Registrar of Births, Deaths and Marriages for Victoria |
4 | paragraph 9(1)(e) of the Act | an officer of Victoria may be nominated for appointment as a prescribed authority by the person holding or acting in the office of Director and Registrar of Births, Deaths and Marriages for Victoria |
5 | paragraph 9(1)(f) of the Act | the person holding or acting in the office of Director and Registrar of Births, Deaths and Marriages for Victoria may be appointed as Registrar of Ministers of Religion for Victoria 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 Director and Registrar of Births, Deaths and Marriages for Victoria 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Any arrangement with the State of Victoria relating to section 9 or subsection 9(1) of the Act previously made is repealed.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
Linda Dessau AC
Governor of the
State of Victoria
By Her Excellency’s Command
The Hon Martin Pakula MP
Attorney-General of
the State of Victoria
Overview
The Marriage (Victoria) Arrangement 2017 is an agreement under the Marriage Act 1961, designed to facilitate the conduct of marriage ceremonies within Victoria by authorised individuals. Enacted by the Governor-General and the Governor of Victoria, this arrangement addresses the legislative gap concerning the appointment and authorisation of officials to perform marriage-related functions within the state. The primary objective is to ensure that the Marriage Act is uniformly implemented across Australia, allowing for the seamless operation of marriage ceremonies by state-appointed officials. This arrangement specifically outlines the roles and authorisations granted to Supreme Court Judges, County Court Judges, magistrates, and officers in Victoria, thus providing clarity and legal certainty in the execution of marriage-related duties within the state.
Scope and Application
The Marriage (Victoria) Arrangement 2017 establishes a formal agreement between the Commonwealth of Australia and the State of Victoria to facilitate the performance of certain marriage-related functions under the Marriage Act 1961. Specifically, the arrangement designates Judges of the Supreme Court of Victoria and the County Court of Victoria, magistrates in Victoria, and officers of the state to perform various roles such as solemnising marriages, acting as prescribed authorities, and serving as Registrars of Ministers of Religion and authorised officers. This arrangement applies to persons and entities within the state of Victoria, ensuring that the individuals holding specified judicial and administrative offices in Victoria are authorised to carry out certain functions under the Marriage Act. The arrangement effectively replaces any previous agreements between the Commonwealth and Victoria concerning the same provisions of the Act. The application of the arrangement is confined to Victoria, with no explicit mention of extensions to other states or territories, thereby maintaining a jurisdictional focus on the state level.
Key Provisions
The Marriage (Victoria) Arrangement 2017 (sections 1 to 6) sets forth specific roles and functions under the Marriage Act 1961. Specifically, Section 5 outlines the arrangement with Victoria, allowing certain judicial officers and officials in Victoria to perform specific functions related to marriage solemnisation under the Act. For instance, Judges of the Supreme Court of Victoria and the County Court of Victoria, as well as magistrates in Victoria, can perform the functions of a Judge or magistrate (section 5(1)). Additionally, officers in Victoria may be nominated to solemnise marriages, appointed as prescribed authorities, or authorised as Registrars of Ministers of Religion or authorised officers (section 5(3) to (5)). This arrangement effectively extends the authority to solemnise marriages to these specified roles within the state.
The Act imposes several obligations on the parties involved. Judges and magistrates must adhere to the legal requirements and procedures stipulated in the Marriage Act 1961 when performing their functions. Officers nominated to solemnise marriages or appointed as prescribed authorities must meet the criteria and undergo any necessary processes as outlined in the Act. The Director and Registrar of Births, Deaths and Marriages for Victoria, when appointed as Registrar of Ministers of Religion or authorised officer, must also comply with the provisions of the Marriage Act 1961 and any related regulations (section 5(2) to (5)).
Failure to comply with the provisions of this arrangement or the Marriage Act 1961 can result in legal consequences. While the specific penalties for non-compliance are not detailed in the text, breaches of the Marriage Act 1961 can generally lead to criminal charges, fines, or other penalties as prescribed by law. The precise nature and severity of these penalties would depend on the specific breach and the relevant sections of the Act. Additionally, the arrangement itself does not outline specific penalties but refers to the overarching legislation for such consequences.