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Federal Magistrates Act 1999

Authoritative Version
  • - C2013C00061
  • In force - Superseded Version
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Act No. 193 of 1999 as amended, taking into account amendments up to Access to Justice (Federal Jurisdiction) Amendment Act 2012
An Act relating to Federal Magistrates, and for other purposes
Administered by: Attorney-General's; Finance
Registered 25 Jan 2013
Start Date 12 Dec 2012
End Date 11 Apr 2013

Federal Magistrates Act 1999

Act No. 193 of 1999 as amended

This compilation was prepared on 16 January 2013
taking into account amendments up to Act No. 
186 of 2012

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Parliamentary Counsel, Canberra

  

  

  


Contents

Part 1—Introduction                                                                                                            1

1............ Short title [see Note 1]........................................................................ 1

2............ Commencement [see Note 1].............................................................. 1

3............ Objects................................................................................................ 1

4............ Simplified outline................................................................................ 2

5............ Definitions.......................................................................................... 3

5A......... Prior judicial service............................................................................ 5

6............ Crown to be bound............................................................................. 6

7............ External Territories.............................................................................. 6

Part 2—Federal Magistrates Court                                                                            7

8............ Creation of Federal Magistrates Court................................................ 7

9............ Personnel provisions relating to Federal Magistrates.......................... 7

Part 3—Jurisdiction of the Federal Magistrates Court                                  8

10.......... Jurisdiction.......................................................................................... 8

10A....... General and Fair Work Divisions of the Federal Magistrates Court... 8

11.......... Exercise of jurisdiction by single Federal Magistrate.......................... 9

12.......... Arrangement of business of the Federal Magistrates Court................ 9

13.......... Exercise of jurisdiction in open court and in Chambers.................... 11

14.......... Determination of matter completely and finally................................. 13

15.......... Making of orders and issue of writs................................................. 13

16.......... Declarations of right.......................................................................... 13

17.......... Contempt of court............................................................................. 14

17A....... Summary judgment........................................................................... 14

18.......... Jurisdiction in associated matters...................................................... 15

19.......... Proceedings not to be instituted in the Federal Magistrates Court if an associated matter is before the Federal Court or the Family Court..................................................................................... 15

20.......... Appeals............................................................................................. 15

Part 4—Dispute resolution for proceedings other than proceedings under the Family Law Act 1975                                                                                                                                      17

Division 1—General                                                                                                    17

20A....... This Part does not apply to proceedings under the Family Law Act 1975                17

21.......... Dispute resolution processes............................................................. 17

22.......... Federal Magistrates Court to consider whether to advise people to use dispute resolution processes      17

23.......... Federal Magistrates Court to advise people to use dispute resolution processes      18

24.......... Duty of legal practitioners to consider whether to advise people to use dispute resolution processes      18

25.......... Duty of officers of the Federal Magistrates Court to advise people about dispute resolution processes   18

26.......... Conciliation....................................................................................... 19

27.......... Referral of question of law—dispute resolution process (other than arbitration)      19

28.......... Rules of Court about dispute resolution processes............................ 20

29.......... Regulations about dispute resolution processes................................ 20

30.......... Rules of Court about costs of dispute resolution processes.............. 21

31.......... Rules of Court about dispute resolution processes under the Family Law Act 1975                21

32.......... Consent orders.................................................................................. 21

Division 2—Proceedings other than family law or child support proceedings  22

33.......... Scope of Division............................................................................. 22

34.......... Mediation.......................................................................................... 22

35.......... Arbitration......................................................................................... 22

36.......... Power of arbitrator to refer question of law to the Federal Magistrates Court          23

37.......... Review of arbitration award on a question of law etc........................ 24

38.......... Arbitration awards............................................................................ 25

Part 5—Transfer of proceedings to the Federal Court or the Family Court        26

39.......... Discretionary transfer of proceedings to the Federal Court or the Family Court      26

40.......... Rules of Court about discretionary transfer of proceedings.............. 27

41.......... Mandatory transfer of proceedings to the Federal Court or the Family Court          28

Part 6—Practice and procedure                                                                                 30

Division 1—General                                                                                                    30

42.......... Federal Magistrates Court to operate informally............................... 30

43.......... Practice and procedure...................................................................... 30

44.......... Representation................................................................................... 31

45.......... Interrogatories and discovery............................................................ 31

Division 2—Documents filed with the Federal Magistrates Court     32

46.......... Filing of documents in the Federal Magistrates Court....................... 32

47.......... Seal of the Federal Magistrates Court............................................... 32

48.......... Federal Magistrates Court stamps..................................................... 32

49.......... Writs etc............................................................................................ 33

50.......... Proceedings may be instituted by application.................................... 33

51.......... Limits on length of documents.......................................................... 33

Division 3—Conduct of proceedings                                                                  34

52.......... Venue................................................................................................ 34

53.......... Determination of proceedings without a jury.................................... 34

54.......... Decisions without oral hearing.......................................................... 34

55.......... Limits on the length of oral argument................................................ 34

56.......... Written submissions.......................................................................... 34

57.......... Formal defects not to invalidate......................................................... 35

Division 4—Evidence                                                                                                  36

58.......... Oaths and affirmations...................................................................... 36

59.......... Swearing of affidavits etc.................................................................. 36

60.......... Orders and commissions for examination of witnesses.................... 38

62.......... Time limits on giving of testimony.................................................... 38

63.......... Federal Magistrates Court may question witnesses........................... 38

64.......... Evidence may be given orally or by affidavit.................................... 39

65.......... Offences by witness.......................................................................... 40

Division 5—Use of video links or audio links                                                 41

66.......... Testimony by video link or audio link............................................... 41

67.......... Appearance of persons by video link or audio link........................... 42

68.......... Making of submissions by video link or audio link.......................... 42

69.......... Conditions for use of video links and audio links............................. 43

70.......... Putting documents to a person by video link or audio link................ 45

71.......... Administration of oaths and affirmations.......................................... 45

72.......... Expenses........................................................................................... 46

73.......... New Zealand proceedings................................................................. 46

Division 6—Orders and judgments                                                                     47

74.......... Orders............................................................................................... 47

75.......... Reserved judgments etc..................................................................... 47

76.......... Interest up to judgment...................................................................... 47

77.......... Interest on judgment.......................................................................... 49

78.......... Enforcement of judgment.................................................................. 50

Division 7—Costs                                                                                                          51

79.......... Costs................................................................................................. 51

80.......... Security for costs.............................................................................. 51

Division 8—Rules of Court                                                                                      53

81.......... Rules of Court................................................................................... 53

82.......... Documents........................................................................................ 54

83.......... Service.............................................................................................. 54

84.......... Evidence............................................................................................ 55

85.......... Orders and judgments....................................................................... 55

86.......... Costs................................................................................................. 56

87.......... General.............................................................................................. 56

88.......... Incidental matters.............................................................................. 58

Part 6A—Suppression and non‑publication orders                                        59

Division 1—Preliminary                                                                                            59

88A....... Definitions........................................................................................ 59

88B....... Powers of Federal Magistrates Court not affected............................ 59

88C....... Other laws not affected..................................................................... 60

88D....... This Part does not apply to proceedings under the Family Law Act 1975                60

Division 2—Suppression and non‑publication orders                                61

88E........ Safeguarding public interest in open justice...................................... 61

88F........ Power to make orders....................................................................... 61

88G....... Grounds for making an order............................................................ 61

88H....... Procedure for making an order.......................................................... 62

88J........ Interim orders.................................................................................... 63

88K....... Duration of orders............................................................................. 63

88L........ Exception for court officials.............................................................. 63

88M...... Contravention of order...................................................................... 64

Part 7—Management of the Federal Magistrates Court                             65

Division 1—Administration of the Federal Magistrates Court            65

89.......... Management of administrative affairs of the Federal Magistrates Court.. 65

90.......... Arrangements with other courts........................................................ 65

91.......... Arrangements with agencies or organisations................................... 66

92.......... Arrangements for sharing courtrooms and other facilities................. 67

93.......... Advisory committees........................................................................ 67

Division 1A—Administration of Federal Magistrates Court’s family services 68

93A....... Chief Executive Officer has functions of family consultants............. 68

93B....... Chief Executive Officer may delegate powers and functions that relate to family consultants  68

93C....... Chief Executive Officer may give directions that relate to family services functions                68

93D....... Chief Executive Officer may authorise officer or staff member to act as family counsellor or family dispute resolution practitioner........................................................................................ 69

Division 2—Chief Executive Officer                                                                  70

94.......... Chief Executive Officer..................................................................... 70

95.......... Personnel provisions relating to the Chief Executive Officer............ 70

96.......... Functions of the Chief Executive Officer.......................................... 70

97.......... Staff powers...................................................................................... 70

Division 3—Registries                                                                                                72

98.......... Registries.......................................................................................... 72

Division 4—Other officers and staff                                                                   73

99.......... Officers of the Federal Magistrates Court......................................... 73

100........ Arrangements relating to Commonwealth staff................................. 73

101........ Registrars.......................................................................................... 74

102........ Registrars’ powers............................................................................ 74

103........ Delegation of powers to Registrars................................................... 76

104........ Registrars—additional provisions..................................................... 77

105........ Registrars—oath or affirmation of office.......................................... 78

106........ The Sheriff of the Federal Magistrates Court.................................... 79

107........ Deputy Sheriffs................................................................................. 79

108........ Authorised persons to assist the Sheriff or Deputy Sheriffs............. 79

109........ The Marshal of the Federal Magistrates Court.................................. 79

110........ Deputy Marshals............................................................................... 80

111........ Authorised persons to assist the Marshal or Deputy Marshals......... 80

111A..... Family consultants............................................................................ 80

112........ Staff of the Federal Magistrates Court.............................................. 80

113........ Actions by or against Sheriff or Marshal.......................................... 80

114........ Receivers........................................................................................... 81

Division 5—Miscellaneous administrative matters                                     82

115........ Engagement of consultants etc.......................................................... 82

116........ Procedural information to be given to unrepresented parties............. 82

117........ Annual report.................................................................................... 82

117A..... Delegation of the administrative powers of the Chief Federal Magistrate 83

118........ Proceedings arising out of administration of the Federal Magistrates Court             83

Part 8—Miscellaneous                                                                                                       84

119........ References in other laws to a Federal Magistrate.............................. 84

120........ Regulations....................................................................................... 84

Schedule 1—Personnel provisions relating to Federal Magistrates       85

Part 1—Appointment of Federal Magistrates                                                    85

1............ Appointment of Federal Magistrates................................................. 85

1A......... Assignment of Federal Magistrates to Divisions.............................. 86

2............ Style.................................................................................................. 86

3............ Oath or affirmation of office............................................................. 86

Part 2—Terms and conditions of Federal Magistrates                                 88

Division 1—Terms and conditions of serving Federal Magistrates   88

4............ Outside work.................................................................................... 88

5............ Remuneration.................................................................................... 88

6............ Leave................................................................................................. 89

7............ Resignation from office..................................................................... 89

8............ Other terms and conditions............................................................... 89

9............ Removal from office......................................................................... 90

Division 2—Disability and death benefits                                                        91

9A......... Certification of retired disabled Federal Magistrates......................... 91

9B......... Pensions for retired disabled Federal Magistrates............................. 91

9C......... Superannuation for retired disabled Federal Magistrates................... 92

9D......... Death benefits................................................................................... 93

9E.......... Relationship definitions..................................................................... 94

9F.......... Meaning of eligible child................................................................... 97

9G......... Appropriation.................................................................................... 97

Division 3—Remuneration of a Federal Magistrate not to be diminished           98

9H......... Remuneration of a Federal Magistrate not to be diminished.............. 98

Part 3—Acting Chief Federal Magistrate                                                             99

10.......... Acting Chief Federal Magistrate....................................................... 99

Schedule 2—Personnel provisions relating to the Chief Executive Officer of the Federal Magistrates Court                                                                                                                      100

1............ Appointment of Chief Executive Officer......................................... 100

2............ Disclosure of interests..................................................................... 100

3............ Outside employment....................................................................... 100

4............ Remuneration.................................................................................. 100

5............ Leave............................................................................................... 101

6............ Resignation..................................................................................... 101

7............ Termination of appointment............................................................ 101

8............ Other terms and conditions............................................................. 102

9............ Acting Chief Executive Officer....................................................... 102

Notes                                                                                                                                           103


An Act relating to Federal Magistrates, and for other purposes

Part 1Introduction

  

1  Short title [see Note 1]

                   This Act may be cited as the Federal Magistrates Act 1999.

2  Commencement [see Note 1]

             (1)  This Act commences on the day on which it receives the Royal Assent.

             (2)  Proceedings are not to be instituted in, or transferred to, the Federal Magistrates Court before the earlier of the following days:

                     (a)  a day fixed by Proclamation as the day on which the Federal Magistrates Court is to commence to exercise its jurisdiction;

                     (b)  the last day of the period of 6 months beginning on the day on which this Act receives the Royal Assent.

3  Objects

             (1)  The main object of this Act is to create the Federal Magistrates Court under Chapter III of the Constitution.

             (2)  The other objects of this Act are:

                     (a)  to enable the Federal Magistrates Court to operate as informally as possible in the exercise of judicial power; and

                     (b)  to enable the Federal Magistrates Court to use streamlined procedures; and

                     (c)  to encourage the use of a range of appropriate dispute resolution processes.

4  Simplified outline

                   The following is a simplified outline of this Act:

•      The Federal Magistrates Court is created as a federal court under Chapter III of the Constitution.

•      The Federal Magistrates Court may also be known as the Federal Magistrates Service.

•      The Federal Magistrates Court consists of a Chief Federal Magistrate and other Federal Magistrates.

•      Jurisdiction is conferred on the Federal Magistrates Court by other laws of the Commonwealth.

•      Jurisdiction is to be exercised in the General Division or the Fair Work Division of the Federal Magistrates Court.

•      The Federal Magistrates Court is to promote the use of dispute resolution processes that are likely to assist people to resolve disputes away from the courts.

•      Proceedings in the Federal Magistrates Court may be transferred to the Federal Court or the Family Court.

•      Provision is made for the practice and procedure of the Federal Magistrates Court. The Court will be able to use streamlined procedures and operate without undue formality.

•      The Chief Federal Magistrate is to manage the Federal Magistrates Court’s administrative affairs.

•      There is to be a Chief Executive Officer, who is to assist the Chief Federal Magistrate in managing the Federal Magistrates Court’s administrative affairs.

•      In addition to the Chief Executive Officer, there are to be Registrars and other officers of the Federal Magistrates Court.

•      Officers of the Federal Magistrates Court may hold dual appointments as officers of the Federal Court or the Family Court.

•      Arrangements will be made for the Federal Magistrates Court to share facilities with other courts.

5  Definitions

                   In this Act, unless the contrary intention appears:

Accreditation Rules means regulations made under section 10A of the Family Law Act 1975.

audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.

Australia, when used in a geographical sense, includes the external Territories.

Australian court means a federal court or a court of a State or Territory.

beneficiary, in respect of a payment under clause 9D of Schedule 1, has the meaning given by subclause 9D(4) of that Schedule.

Chief Executive Officer means the Chief Executive Officer of the Federal Magistrates Court.

Child Support (Assessment) Act 1989 includes regulations under that Act.

Child Support (Registration and Collection Act) 1988 includes regulations under that Act.

Commonwealth superannuation contribution, in respect of a Federal Magistrate or retired disabled Federal Magistrate, means a Commonwealth contribution to the Magistrate’s choice of:

                     (a)  a complying superannuation fund (within the meaning of section 45 of the Superannuation Industry (Supervision) Act 1993); or

                     (b)  a retirement savings account (within the meaning of section 8 of the Retirement Savings Accounts Act 1997).

Division means the General Division or the Fair Work Division of the Federal Magistrates Court.

eligible child has the meaning given by clause 9F of Schedule 1.

eligible spouse has the meaning given by clause 9E of Schedule 1.

family consultant means a family consultant within the meaning of the Family Law Act 1975.

Family Court means the Family Court of Australia.

Family Law Act 1975 includes regulations under that Act.

Family law or child support proceedings means proceedings under:

                     (a)  the Family Law Act 1975; or

                     (b)  the Child Support (Assessment) Act 1989; or

                     (c)  the Child Support (Registration and Collection) Act 1988.

Federal Court means the Federal Court of Australia.

Federal Magistrate:

                     (a)  means a Federal Magistrate (including the Chief Federal Magistrate) who holds office under this Act; and

                     (b)  when used in the expression the Federal Magistrates Court or a Federal Magistrate, means a Federal Magistrate sitting in Chambers.

judgment means a judgment, decree or order, whether final or interlocutory, or a sentence, and includes a decree within the meaning of the Family Law Act 1975.

living with a person has the meaning given by subclause 9E(8) of Schedule 1.

marital or couple relationship has the meaning given by subclause 9E(5) of Schedule 1.

partner: a person is the partner of another person if the 2 persons have a relationship as a couple (whether the persons are the same sex or different sexes).

prior judicial service, in relation to a retired disabled Federal Magistrate, means service, prior to the Magistrate’s appointment as a Federal Magistrate, as one of the following:

                     (a)  a Justice or Judge of a federal court;

                     (b)  the holder of an office, being an office the holder of which has, by virtue of an Act, the same status as a Justice or Judge of a federal court;

                     (c)  a Federal Magistrate;

                     (d)  a Judge or acting Judge of a court of a State or Territory;

                     (e)  a magistrate of a State or Territory;

                      (f)  in the case of a State or Territory office that qualifies the holder of the office for a pension or retiring allowance under a law of the State or Territory relating to pensions or retiring allowances payable to retired Judges—a holder of the office (including an acting holder).

Note:          If the Magistrate was appointed as a Federal Magistrate more than once, see section 5A.

proceeding means a proceeding in a court, whether between parties or not, and includes an incidental proceeding in the course of, or in connection with, a proceeding, and also includes an appeal.

Registrar means a Registrar of the Federal Magistrates Court.

retired disabled Federal Magistrate means a person certified by the Minister to be a retired disabled Federal Magistrate under paragraph 9A(2)(a) of Schedule 1.

retires, in relation to a Federal Magistrate, means ceases, otherwise than by death, to hold any office as a Federal Magistrate.

Rules of Court means Rules of Court made under this Act.

video link means facilities (for example, closed‑circuit television facilities) that enable audio and visual communication between persons in different places.

5A  Prior judicial service

                   For the purposes of the definition of prior judicial service, if a retired disabled Federal Magistrate was appointed as a Federal Magistrate more than once, the reference to the Magistrate’s appointment as a Federal Magistrate is taken to be a reference to the Magistrate’s most recent appointment as a Federal Magistrate.

6  Crown to be bound

             (1)  This Act binds the Crown in each of its capacities.

             (2)  This Act does not make the Crown liable to be prosecuted for an offence.

7  External Territories

                   This Act extends to every external Territory.


 

Part 2Federal Magistrates Court

  

8  Creation of Federal Magistrates Court

             (1)  A federal court, to be known as the Federal Magistrates Court, is created by this Act.

             (2)  The Federal Magistrates Court may also be known as:

                     (a)  the Federal Magistrates Service; or

                     (b)  the Federal Magistrates Court of Australia;

or both.

             (3)  The Federal Magistrates Court is a court of record and is a court of law and equity.

             (4)  The Federal Magistrates Court consists of the following justices:

                     (a)  a Chief Federal Magistrate;

                     (b)  such other Federal Magistrates as from time to time hold office in accordance with this Act.

Note:          The Parliament may create federal courts under Chapter III of the Constitution.

9  Personnel provisions relating to Federal Magistrates

                   Schedule 1 has effect.


 

Part 3Jurisdiction of the Federal Magistrates Court

  

10  Jurisdiction

             (1)  The Federal Magistrates Court has such original jurisdiction as is vested in it by laws made by the Parliament:

                     (a)  by express provision; or

                     (b)  by the application of section 15C of the Acts Interpretation Act 1901 to a provision that, whether expressly or by implication, authorises a civil proceeding to be instituted in the Federal Magistrates Court in relation to a matter.

             (2)  The original jurisdiction of the Federal Magistrates Court includes any jurisdiction vested in it to hear and determine appeals from decisions of persons, authorities or tribunals other than courts.

             (3)  The process of the Federal Magistrates Court runs, and the judgments of the Federal Magistrates Court have effect and may be executed, throughout Australia.

10A  General and Fair Work Divisions of the Federal Magistrates Court

             (1)  For the purpose of the organisation and conduct of the business of the Federal Magistrates Court, the Federal Magistrates Court comprises 2 Divisions:

                     (a)  the General Division; and

                     (b)  the Fair Work Division.

             (2)  Every proceeding in the Federal Magistrates Court must be instituted, heard and determined in a Division.

Fair Work Division

             (3)  The following jurisdiction of the Federal Magistrates Court is to be exercised in the Fair Work Division:

                     (a)  jurisdiction that is required by any other Act to be exercised in the Fair Work Division;

                     (b)  jurisdiction that is incidental to such jurisdiction.

Note:          Under section 566 of the Fair Work Act 2009, jurisdiction is required to be exercised in the Fair Work Division of the Federal Magistrates Court in relation to matters arising under that Act.

General Division

             (4)  The following jurisdiction of the Federal Magistrates Court is to be exercised in the General Division:

                     (a)  jurisdiction that is not required by any other Act to be exercised in the Fair Work Division;

                     (b)  jurisdiction that is incidental to such jurisdiction (including jurisdiction that is required by any other Act to be exercised in the Fair Work Division).

Jurisdiction that is required to be exercised in both Divisions

             (5)  If the Court’s jurisdiction is required to be exercised in both Divisions in relation to particular proceedings or proceedings of a particular kind, the Chief Federal Magistrate may, at any time (whether before or after the proceedings are instituted), give a direction about the allocation to one or other Division of those proceedings or proceedings of that kind.

11  Exercise of jurisdiction by single Federal Magistrate

             (1)  For the purposes of the exercise of the jurisdiction of the Federal Magistrates Court, the Federal Magistrates Court is to be constituted by a single Federal Magistrate.

             (2)  The Federal Magistrates Court constituted by a Federal Magistrate may sit and exercise the jurisdiction of the Federal Magistrates Court even if the Federal Magistrates Court constituted by another Federal Magistrate is at the same time sitting and exercising the jurisdiction of the Federal Magistrates Court.

12  Arrangement of business of the Federal Magistrates Court

Responsibility of Chief Federal Magistrate

             (1)  The Chief Federal Magistrate is responsible for ensuring the effective, orderly and expeditious discharge of the business of the Federal Magistrates Court.

             (2)  In discharging his or her responsibility under subsection (1), the Chief Federal Magistrate must promote the objects of this Act.

             (3)  In discharging his or her responsibility under subsection (1) (and without limiting the generality of that subsection) the Chief Federal Magistrate:

                     (a)  may, subject to this Act and to such consultation with Federal Magistrates as is appropriate and practicable, do all or any of the following:

                              (i)  make arrangements as to the Federal Magistrate who is to constitute the Federal Magistrates Court in particular matters or classes of matters;

                             (ii)  without limiting the generality of subparagraph (i)—assign particular caseloads, classes of cases or functions to particular Federal Magistrates;

                            (iii)  temporarily restrict a Federal Magistrate to non‑sitting duties; and

                     (b)  must ensure that arrangements are in place to provide Federal Magistrates with appropriate access to (or reimbursement for the cost of):

                              (i)  annual health assessments; and

                             (ii)  short‑term counselling services; and

                            (iii)  judicial education.

Exercise of powers of General and Fair Work Divisions of the Federal Magistrates Court

          (3A)  A Federal Magistrate who is assigned to a Division of the Federal Magistrates Court must exercise, or participate in exercising, the powers of the Federal Magistrates Court only in that Division, except as set out in subsection (3B).

          (3B)  The Chief Federal Magistrate may arrange for a Federal Magistrate who is assigned to a particular Division of the Federal Magistrates Court to exercise, or participate in exercising, the powers of the Federal Magistrates Court in the other Division if the Chief Federal Magistrate considers that circumstances make it desirable to do so.

          (3C)  To avoid doubt, a Federal Magistrate who is not assigned to either Division of the Federal Magistrates Court may exercise, or participate in exercising, the powers of the Federal Magistrates Court in either Division.

          (3D)  Subsection (3A) does not affect the validity of any exercise of powers by the Federal Magistrates Court otherwise than in accordance with that subsection.

Assignment of Federal Magistrates to locations or registries

             (4)  The Chief Federal Magistrate may, by written instrument, assign a particular Federal Magistrate to a particular location or registry.

             (5)  An instrument under subsection (4) has no effect unless it is approved, in writing, by the Minister.

             (6)  Subsection (4) does not prevent a Federal Magistrate from performing his or her duties at one or more other locations or registries on a temporary basis (whether on circuit or otherwise).

Protection of the Chief Federal Magistrate in the exercise of functions or powers

          (6A)  In exercising the functions or powers mentioned in paragraph (3)(a) or subsection (4), the Chief Federal Magistrate has the same protection and immunity as if he or she were exercising those functions or powers as, or as a member of, the Federal Magistrates Court.

          (6B)  Despite section 39B of the Judiciary Act 1903, the Federal Court of Australia does not have jurisdiction with respect to a matter relating to the exercise by the Chief Federal Magistrate of the functions or powers mentioned in subsection (3) or (4).

Functions and powers of the Chief Federal Magistrate

             (7)  In addition to the powers and functions conferred on the Chief Federal Magistrate by this Act, the Chief Federal Magistrate has such other functions and powers in relation to the Federal Magistrates Court as are specified in the regulations.

13  Exercise of jurisdiction in open court and in Chambers

             (1)  This section does not apply to family law or child support proceedings.

Note:          See section 97 of the Family Law Act 1975.

Open court

             (2)  The jurisdiction of the Federal Magistrates Court must be exercised in open court. However, this rule does not apply where, as authorised by this Act or another law of the Commonwealth, the jurisdiction of the Federal Magistrates Court is exercised by a Federal Magistrate sitting in Chambers.

Federal Magistrate sitting in Chambers

             (3)  The jurisdiction of the Federal Magistrates Court may be exercised by a Federal Magistrate sitting in Chambers in:

                     (a)  a proceeding on an application relating to the conduct of a proceeding; and

                     (b)  a proceeding on an application for orders or directions as to any matter which, by this Act or any other law of the Commonwealth, is made subject to the direction of a Federal Magistrate sitting in Chambers; and

                     (c)  a proceeding on any other application authorised by the Rules of Court to be made to a Federal Magistrate sitting in Chambers.

             (4)  The jurisdiction of the Federal Magistrates Court is to be exercised by a Federal Magistrate sitting in Chambers in a proceeding where:

                     (a)  under the Rules of Court, the Federal Magistrates Court is authorised to make a decision relating to the proceeding without an oral hearing; and

                     (b)  the parties to the proceeding have consented to the Federal Magistrates Court making a decision in relation to the proceeding without an oral hearing.

Proceeding in Chambers may be adjourned into court

             (5)  A Federal Magistrate may order a proceeding in Chambers to be adjourned into court.

Proceeding in open court may be adjourned into Chambers

             (6)  The Federal Magistrates Court may order a proceeding in open court to be adjourned into Chambers if, apart from this subsection, the jurisdiction of the Federal Magistrates Court may be exercised by a Federal Magistrate sitting in Chambers in that proceeding.

Closed court etc.

             (7)  The Federal Magistrates Court may order the exclusion of the public or of persons specified by the Federal Magistrates Court from a sitting of the Federal Magistrates Court if the Federal Magistrates Court is satisfied that the presence of the public or of those persons, as the case may be, would be:

                     (a)  contrary to the interests of justice; or

                     (b)  prejudicial to the security of the Commonwealth.

14  Determination of matter completely and finally

                   In every matter before the Federal Magistrates Court, the Federal Magistrates Court must grant, either:

                     (a)  absolutely; or

                     (b)  on such terms and conditions as the Federal Magistrates Court thinks just;

all remedies to which any of the parties appears to be entitled in respect of a legal or equitable claim properly brought forward by him or her in the matter, so that, as far as possible:

                     (c)  all matters in controversy between the parties may be completely and finally determined; and

                     (d)  all multiplicity of proceedings concerning any of those matters may be avoided.

15  Making of orders and issue of writs

                   The Federal Magistrates Court has power, in relation to matters in which it has jurisdiction, to:

                     (a)  make orders of such kinds, including interlocutory orders, as the Federal Magistrates Court thinks appropriate; and

                     (b)  issue, or direct the issue of, writs of such kinds as the Federal Magistrates Court thinks appropriate.

16  Declarations of right

             (1)  The Federal Magistrates Court may, in relation to a matter in which it has original jurisdiction, make binding declarations of right, whether or not any consequential relief is or could be claimed.

             (2)  A proceeding is not open to objection on the ground that a declaratory order only is sought.

17  Contempt of court

             (1)  The Federal Magistrates Court has the same power to punish contempts of its power and authority as is possessed by the High Court in respect of contempts of the High Court.

             (2)  Subsection (1) has effect subject to any other Act.

             (3)  The jurisdiction of the Federal Magistrates Court to punish a contempt of the Federal Magistrates Court committed in the face or hearing of the Federal Magistrates Court may be exercised by the Federal Magistrates Court as constituted at the time of the contempt.

Note:          See also section 112AP of the Family Law Act 1975, which deals with family law or child support proceedings.

17A  Summary judgment

             (1)  The Federal Magistrates Court may give judgment for one party against another in relation to the whole or any part of a proceeding if:

                     (a)  the first party is prosecuting the proceeding or that part of the proceeding; and

                     (b)  the Court is satisfied that the other party has no reasonable prospect of successfully defending the proceeding or that part of the proceeding.

             (2)  The Federal Magistrates Court may give judgment for one party against another in relation to the whole or any part of a proceeding if:

                     (a)  the first party is defending the proceeding or that part of the proceeding; and

                     (b)  the Court is satisfied that the other party has no reasonable prospect of successfully prosecuting the proceeding or that part of the proceeding.

             (3)  For the purposes of this section, a defence or a proceeding or part of a proceeding need not be:

                     (a)  hopeless; or

                     (b)  bound to fail;

for it to have no reasonable prospect of success.

             (4)  This section does not limit any powers that the Federal Magistrates Court has apart from this section.

18  Jurisdiction in associated matters

                   To the extent that the Constitution permits, jurisdiction is conferred on the Federal Magistrates Court in respect of matters not otherwise within its jurisdiction that are associated with matters in which the jurisdiction of the Federal Magistrates Court is invoked.

19  Proceedings not to be instituted in the Federal Magistrates Court if an associated matter is before the Federal Court or the Family Court

             (1)  Proceedings must not be instituted in the Federal Magistrates Court in respect of a particular matter if proceedings in respect of an associated matter are pending in the Family Court or the Federal Court.

             (2)  Subsection (1) does not apply to:

                     (a)  proceedings for a decree of dissolution of marriage; or

                     (b)  proceedings instituted in the Federal Magistrates Court under:

                              (i)  Division 13A of Part VII of the Family Law Act 1975; or

                             (ii)  Part XIII or XIIIA of that Act.

             (3)  If:

                     (a)  proceedings are instituted in the Federal Magistrates Court in contravention of subsection (1); and

                     (b)  the proceedings are subsequently transferred to the Federal Court or the Family Court;

the proceedings are taken to be as valid as they would have been if subsection (1) had not been enacted.

20  Appeals

             (1)  An appeal must not be brought directly to the High Court from a judgment of the Federal Magistrates Court.

             (2)  Subsection (1) has effect despite anything in:

                     (a)  section 95 of the Family Law Act 1975; and

                     (b)  section 104 of the Child Support (Assessment) Act 1989; and

                     (c)  section 109 of the Child Support (Registration and Collection) Act 1988.

Note:          For appeals from the Federal Magistrates Court, see:

(a)    section 94 of the Family Law Act 1975; and

(b)    section 102A of the Child Support (Assessment) Act 1989; and

(c)    section 107A of the Child Support (Registration and Collection) Act 1988; and

(d)    section 24 of the Federal Court of Australia Act 1976.

             (3)  If, apart from this subsection, subsection (1) is to any extent inconsistent with section 73 of the Constitution, this Act has effect as if the words “, except by special leave of the High Court” were added at the end of subsection (1).


 

Part 4Dispute resolution for proceedings other than proceedings under the Family Law Act 1975

Division 1General

20A  This Part does not apply to proceedings under the Family Law Act 1975

                   This Part applies to proceedings in the Federal Magistrates Court other than proceedings under the Family Law Act 1975.

Note 1:       For proceedings under the Family Law Act 1975, see in particular Parts II, III, IIIA and IIIB of that Act, which contain provisions dealing with family counselling, family dispute resolution and other processes that apply to the Federal Magistrates Court in relation to proceedings under that Act.

Note 2:       This Part (other than Division 2: see section 33) applies to proceedings under the Child Support (Assessment) Act 1989 and the Child Support (Registration and Collection) Act 1988.

21  Dispute resolution processes

                   In this Part:

dispute resolution processes means procedures and services for the resolution of disputes otherwise than by way of the exercise of the judicial power of the Commonwealth, and includes:

                     (a)  counselling; and

                     (b)  mediation; and

                     (c)  arbitration; and

                     (d)  neutral evaluation; and

                     (e)  case appraisal; and

                      (f)  conciliation.

22  Federal Magistrates Court to consider whether to advise people to use dispute resolution processes

                   The Federal Magistrates Court must consider whether or not to advise the parties to proceedings before it about the dispute resolution processes that could be used to resolve any matter in dispute.

23  Federal Magistrates Court to advise people to use dispute resolution processes

             (1)  If the Federal Magistrates Court considers that a dispute resolution process may help the parties to a dispute before it to resolve that dispute, the Federal Magistrates Court must advise the parties to use that dispute resolution process.

             (2)  If the Federal Magistrates Court does so advise the parties, it may, if it considers it desirable to do so, adjourn any proceedings before it to enable attendance in connection with the dispute resolution process.

Note:          See also Part III of the Family Law Act 1975, which deals with dispute resolution in family law and child support matters.

24  Duty of legal practitioners to consider whether to advise people to use dispute resolution processes

A legal practitioner acting in proceedings in the Federal Magistrates Court, or consulted by a person considering instituting such proceedings, must consider whether or not to advise:

                     (a)  the parties to the proceedings; or

                     (b)  the person considering instituting proceedings;

about the dispute resolution processes that could be used to resolve any matter in dispute.

25  Duty of officers of the Federal Magistrates Court to advise people about dispute resolution processes

             (1)  A designated officer of the Federal Magistrates Court must, as far as practicable, on request by:

                     (a)  a party to proceedings in the Federal Magistrates Court; or

                     (b)  a person considering instituting proceedings in the Federal Magistrates Court;

advise the party or person about the dispute resolution processes that could be used to resolve any matter in dispute.

             (2)  For the purposes of this section, a member of the staff of the Federal Magistrates Court is taken to be an officer of the Federal Magistrates Court.

             (3)  For the purposes of this section, a designated officer of the Federal Magistrates Court is an officer of the Federal Magistrates Court specified in writing by the Chief Executive Officer for the purposes of this subsection.

26  Conciliation

             (1)  The Federal Magistrates Court may, by order, refer proceedings in the Federal Magistrates Court, or any part of them or any matter arising out of them, for conciliation in accordance with the Rules of Court.

             (2)  Subsection (1) has effect subject to the Rules of Court.

             (3)  Referrals under subsection (1) to a conciliator may be made with or without the consent of the parties to the proceedings.

27  Referral of question of law—dispute resolution process (other than arbitration)

             (1)  If the Federal Magistrates Court makes an order, or gives a direction, under this Act or any other law of the Commonwealth:

                     (a)  referring any or all of the matters in dispute in proceedings before it for a dispute resolution process (other than arbitration); or

                     (b)  referring any proceedings before it, or any part of them or any matters arising out of them, for a dispute resolution process (other than arbitration); or

                     (c)  requiring either or both of the parties to a proceeding before it to attend a dispute resolution process (other than arbitration);

a party to the dispute resolution process may make an application to the Federal Magistrates Court for determination of a question of law arising out of the proceedings.

             (2)  An application under subsection (1) must be accompanied by a statement that:

                     (a)  is signed by the person (the eligible person) conducting the dispute resolution process; and

                     (b)  states that the eligible person consents to the making of the application; and

                     (c)  states that the eligible person is of the opinion that the determination of the question of law by the Federal Magistrates Court is likely to assist the parties in reaching agreement about any or all of the matters in dispute in the proceedings.

             (3)  If an application is made under subsection (1), the Federal Magistrates Court may determine the question of law.

             (4)  If the Federal Magistrates Court determines a question of law under subsection (3), the determination is binding on the parties to the proceedings concerned.

28  Rules of Court about dispute resolution processes

             (1)  The Rules of Court may make provision for or in relation to dispute resolution processes carried out under an order made, or direction given, by the Federal Magistrates Court under this Act or another law of the Commonwealth.

             (2)  In particular, Rules of Court made for the purposes of subsection (1) may make provision for or in relation to the procedure to be followed when any dispute resolution process ends.

29  Regulations about dispute resolution processes

             (1)  The regulations may make provision for or in relation to dispute resolution processes carried out under an order made, or direction given, by the Federal Magistrates Court under this Act or another law of the Commonwealth.

             (2)  In particular, regulations made for the purposes of subsection (1) may make provision for or in relation to:

                     (a)  the procedures to be followed by a person conducting a dispute resolution process in carrying out that process; and

                     (b)  the attendance by persons at:

                              (i)  a dispute resolution process; or

                             (ii)  a conference conducted for the purpose of carrying out a dispute resolution process; and

                     (c)  the kinds of persons who are eligible to conduct particular kinds of dispute resolution processes.

30  Rules of Court about costs of dispute resolution processes

                   The Rules of Court may make provision for or in relation to the costs of dispute resolution processes and the assessment or taxation of those costs, where:

                     (a)  the dispute resolution process was carried out under an order made, or direction given, by the Federal Magistrates Court under this Act or another law of the Commonwealth; or

                     (b)  the dispute resolution process was carried out for the purpose of settling a dispute about a matter with respect to which proceedings have been instituted in the Federal Magistrates Court.

31  Rules of Court about dispute resolution processes under the Family Law Act 1975

                   The Rules of Court may make provision for or in relation to the making of applications under the Family Law Act 1975 for mediation or arbitration and for orders under section 19E of that Act.

32  Consent orders

             (1)  If the parties to proceedings in the Federal Magistrates Court have reached agreement about a matter in dispute in the proceedings, the Federal Magistrates Court or a Federal Magistrate may, on application by the parties, make an order in the terms of the agreement.

             (2)  This section has effect subject to the Rules of Court.


 

Division 2Proceedings other than family law or child support proceedings

33  Scope of Division

                   This Division applies to proceedings in the Federal Magistrates Court other than family law or child support proceedings.

Note:          See Part III of the Family Law Act 1975.

34  Mediation

             (1)  The Federal Magistrates Court may, by order, refer proceedings in the Federal Magistrates Court, or any part of them or any matter arising out of them, to a mediator for mediation in accordance with the Rules of Court.

             (2)  Subsection (1) has effect subject to the Rules of Court.

             (3)  Referrals under subsection (1) to a mediator may be made with or without the consent of the parties to the proceedings.

             (4)  Evidence of anything said, or of any admission made, at a conference conducted by a mediator in the course of mediating anything referred under subsection (1) is not admissible:

                     (a)  in any court (whether exercising federal jurisdiction or not); or

                     (b)  in any proceedings before a person authorised by a law of the Commonwealth or of a State or Territory, or by the consent of the parties, to hear evidence.

             (5)  A mediator has, in mediating anything referred under subsection (1), the same protection and immunity as a Federal Magistrate has in performing the functions of a Federal Magistrate.

35  Arbitration

             (1)  The Federal Magistrates Court may, by order, refer proceedings in the Federal Magistrates Court, or any part of them or any matter arising out of them, to an arbitrator for arbitration in accordance with the Rules of Court.

             (2)  Subsection (1) has effect subject to the Rules of Court.

             (3)  Referrals under subsection (1) to an arbitrator may be made only with the consent of the parties.

             (4)  The Rules of Court may make provision for the registration of awards made in an arbitration carried out under an order made under subsection (1).

             (5)  An arbitrator has, in arbitrating anything referred under subsection (1), the same protection and immunity as a Federal Magistrate has in performing the functions of a Federal Magistrate.

36  Power of arbitrator to refer question of law to the Federal Magistrates Court

             (1)  If:

                     (a)  any proceedings in the Federal Magistrates Court, or any part of them or any matter arising out of them, has been referred under subsection 35(1) to an arbitrator for arbitration; and

                     (b)  the arbitrator has not made an award in respect of the arbitration; and

                     (c)  a party to the arbitration has requested the arbitrator to apply to the Federal Magistrates Court for leave to refer to the Federal Magistrates Court a question of law arising in the arbitration;

the arbitrator may apply to the Federal Magistrates Court or a Federal Magistrate for leave to refer the question to the Federal Magistrates Court.

             (2)  The Federal Magistrates Court or a Federal Magistrate must not grant leave unless satisfied that the determination of the question of law by the Federal Magistrates Court might result in substantial savings in costs to the parties to the arbitration.

             (3)  If:

                     (a)  the Federal Magistrates Court or a Federal Magistrate grants leave; and

                     (b)  the arbitrator refers the question of law to the Federal Magistrates Court;

the Federal Magistrates Court must determine the question of law.

37  Review of arbitration award on a question of law etc.

             (1)  If:

                     (a)  any proceedings in the Federal Magistrates Court, or any part of them or any matter arising out of them, has been referred under subsection 35(1) to an arbitrator for arbitration; and

                     (b)  the arbitrator has made an award in respect of the arbitration; and

                     (c)  the award has been registered with the Federal Magistrates Court under the Rules of Court;

the following provisions have effect.

             (2)  A party to the award may apply to the Federal Magistrates Court for a review, on a question of law, of the award.

             (3)  On a review of an award on a question of law, the Federal Magistrates Court may:

                     (a)  determine the question of law; and

                     (b)  make such orders as it thinks appropriate, including:

                              (i)  an order affirming the award; or

                             (ii)  an order varying the award; or

                            (iii)  an order setting aside the award and remitting the award to the arbitrator for reconsideration in accordance with the directions of the Federal Magistrates Court; or

                            (iv)  an order setting aside the award and determining the matter to which the award related.

             (4)  A party to the award may apply to the Federal Magistrates Court or a Federal Magistrate for an order that the costs payable by the party in respect of the arbitration be taxed in accordance with the Rules of Court.

             (5)  The person who made the application is not liable to pay in respect of the costs of the arbitration an amount that is more than the amount of the costs as taxed under an order made under subsection (4).

38  Arbitration awards

             (1)  The Federal Magistrates Court may, on application by a party to an award made in an arbitration (whether carried out under an order made under section 35 or otherwise) in relation to a matter in which the Federal Magistrates Court has original jurisdiction, make an order in the terms of the award.

             (2)  Subsection (1) does not apply to an award made in an arbitration carried out under an order made under subsection 35(1) unless the award has been registered with the Federal Magistrates Court under the Rules of Court.

             (3)  An order so made is enforceable in the same manner as if it had been made in an action in the Federal Magistrates Court. This subsection has effect subject to subsection (4).

             (4)  A writ of attachment must not be issued to enforce payment of money under an order made in accordance with this section.


 

Part 5Transfer of proceedings to the Federal Court or the Family Court

  

39  Discretionary transfer of proceedings to the Federal Court or the Family Court

             (1)  If a proceeding is pending in the Federal Magistrates Court, the Federal Magistrates Court may, by order, transfer the proceeding from the Federal Magistrates Court to the Federal Court or the Family Court.

             (2)  The Federal Magistrates Court may transfer a proceeding under this section:

                     (a)  on the application of a party to the proceeding; or

                     (b)  on its own initiative.

             (3)  In deciding whether to transfer a proceeding to the Federal Court under subsection (1), the Federal Magistrates Court must have regard to:

                     (a)  any Rules of Court made for the purposes of subsection 40(2); and

                     (b)  whether proceedings in respect of an associated matter are pending in the Federal Court; and

                     (c)  whether the resources of the Federal Magistrates Court are sufficient to hear and determine the proceeding; and

                     (d)  the interests of the administration of justice.

             (4)  In deciding whether to transfer a proceeding to the Family Court under subsection (1), the Federal Magistrates Court must have regard to:

                     (a)  any Rules of Court made for the purposes of subsection 40(4); and

                     (b)  whether proceedings in respect of an associated matter are pending in the Family Court; and

                     (c)  whether the resources of the Federal Magistrates Court are sufficient to hear and determine the proceeding; and

                     (d)  the interests of the administration of justice.

             (5)  If an order is made under subsection (1), the Federal Magistrates Court may make such orders as it considers necessary pending the disposal of the proceeding by the Federal Court or the Family Court, as the case requires.

             (6)  An appeal does not lie from a decision of the Federal Magistrates Court in relation to the transfer of a proceeding under subsection (1).

             (7)  A reference in subsection (1) to a proceeding pending in the Federal Magistrates Court includes a reference to a proceeding that was instituted in contravention of subsection 19(1).

             (8)  This section does not apply to proceedings of a kind specified in the regulations.

40  Rules of Court about discretionary transfer of proceedings

             (1)  The Rules of Court may make provision in relation to transfers of proceedings to the Federal Court under subsection 39(1).

             (2)  In particular, the Rules of Court may set out factors that are to be taken into account by the Federal Magistrates Court in deciding whether to transfer a proceeding to the Federal Court under subsection 39(1).

             (3)  The Rules of Court may make provision in relation to transfers of proceedings to the Family Court under subsection 39(1).

             (4)  In particular, the Rules of Court may set out factors that are to be taken into account by the Federal Magistrates Court in deciding whether to transfer a proceeding to the Family Court under subsection 39(1).

             (5)  In making Rules of Court for the purposes of this section, the Federal Magistrates, or a majority of them, must have regard to:

                     (a)  whether particular matters could be more appropriately dealt with in the Federal Court or the Family Court; and

                     (b)  whether the resources of the Federal Magistrates Court are sufficient to deal with particular matters; and

                     (c)  the interests of the administration of justice; and

                     (d)  anything else that the Federal Magistrates, or a majority of them, considers relevant.

             (6)  Before Rules of Court are made for the purposes of subsection (1) or (2), the Federal Magistrates Court must consult the Federal Court.

             (7)  Before Rules of Court are made for the purposes of subsection (3) or (4), the Federal Magistrates Court must consult the Family Court.

41  Mandatory transfer of proceedings to the Federal Court or the Family Court

             (1)  If a proceeding of a kind specified in regulations made for the purposes of this subsection is pending in the Federal Magistrates Court, the Federal Magistrates Court must, before going on to hear and determine the proceeding, transfer the proceeding to the Federal Court.

             (2)  If a proceeding of a kind specified in regulations made for the purposes of this subsection is pending in the Federal Magistrates Court, the Federal Magistrates Court must, before going on to hear and determine the proceeding, transfer the proceeding to the Family Court.

             (3)  If a proceeding is transferred under subsection (1), the Federal Magistrates Court may make such orders as it considers necessary pending the disposal of the proceeding by the Federal Court.

             (4)  If a proceeding is transferred under subsection (2), the Federal Magistrates Court may make such orders as it considers necessary pending the disposal of the proceeding by the Family Court.

             (5)  An appeal does not lie from a decision of the Federal Magistrates Court in relation to the transfer of a proceeding under subsection (1) or (2).

             (6)  A reference in subsections (1) and (2) to a proceeding pending in the Federal Magistrates Court includes a reference to a proceeding that was instituted in contravention of subsection 19(1).

             (7)  The Minister must cause a copy of regulations (transfer regulations) made for the purposes of subsection (1) or (2) to be tabled in each House of the Parliament.

             (8)  Either House may, following a motion upon notice, pass a resolution disallowing the transfer regulations. To be effective, the resolution must be passed within 15 sittings days of the House after the copy of the transfer regulations was tabled in the House.

             (9)  If neither House passes such a resolution, the transfer regulations take effect on the day immediately after the last day upon which such a resolution could have been passed.

           (10)  Subsections (7), (8) and (9) have effect despite anything in:

                     (a)  the Acts Interpretation Act 1901; or

                     (b)  the Legislative Instruments Act 1999.


 

Part 6Practice and procedure

Division 1General

42  Federal Magistrates Court to operate informally

                   In proceedings before it, the Federal Magistrates Court must proceed without undue formality and must endeavour to ensure that the proceedings are not protracted.

43  Practice and procedure

             (1)  The practice and procedure of the Federal Magistrates Court is to be in accordance with Rules of Court made under this Act. However, this subsection is subject to any provision made by or under this or any other Act with respect to practice and procedure.

Note:          Rules of Court are made under section 81.

             (2)  In so far as the provisions applicable in accordance with subsection (1) are insufficient:

                     (a)  the Rules of Court made under the Family Law Act 1975 apply, with necessary modifications, so far as they are capable of application and subject to any directions of the Federal Magistrates Court or a Federal Magistrate, to the practice and procedure of the Federal Magistrates Court in relation to the jurisdiction of the Federal Magistrates Court under:

                              (i)  the Family Law Act 1975; or

                             (ii)  the Child Support (Assessment) Act 1989; or

                            (iii)  the Child Support (Registration and Collection) Act 1988; and

                     (b)  the Rules of Court made under the Federal Court of Australia Act 1976 apply, with necessary modifications, so far as they are capable of application and subject to any directions of the Federal Magistrates Court or a Federal Magistrate, to the practice and procedure of the Federal Magistrates Court in relation to the jurisdiction of the Federal Magistrates Court under laws of the Commonwealth other than:

                              (i)  the Family Law Act 1975; or

                             (ii)  the Child Support (Assessment) Act 1989; or

                            (iii)  the Child Support (Registration and Collection) Act 1988.

             (3)  In this section:

practice and procedure includes all matters in relation to which Rules of Court may be made under this Act.

44  Representation

                   A party to a proceeding before the Federal Magistrates Court is not entitled to be represented by another person unless:

                     (a)  under the Judiciary Act 1903, the other person is entitled to practise as a barrister or solicitor, or both, in a federal court; or

                     (b)  under the regulations, the other person is taken to be an authorised representative; or

                     (c)  another law of the Commonwealth authorises the other person to represent the party.

45  Interrogatories and discovery

             (1)  Interrogatories and discovery are not allowed in relation to proceedings in the Federal Magistrates Court unless the Federal Magistrates Court or a Federal Magistrate declares that it is appropriate, in the interests of the administration of justice, to allow the interrogatories or discovery.

             (2)  In deciding whether to make a declaration under subsection (1), the Federal Magistrates Court or a Federal Magistrate must have regard to:

                     (a)  whether allowing the interrogatories or discovery would be likely to contribute to the fair and expeditious conduct of the proceedings; and

                     (b)  such other matters (if any) as the Federal Magistrates Court or the Federal Magistrate considers relevant.


 

Division 2Documents filed with the Federal Magistrates Court

46  Filing of documents in the Federal Magistrates Court

             (1)  If a document is required or permitted to be filed in the Federal Magistrates Court:

                     (a)  the document is to be filed:

                              (i)  at a registry of the Federal Magistrates Court; or

                             (ii)  in accordance with an arrangement under section 90 or 91; and

                     (b)  the document is to be filed in accordance with the Rules of Court.

             (2)  The Rules of Court may provide that the requirements of subsection (1) are taken to have been met in relation to a document:

                     (a)  if the document, or its contents, is or are given to the Federal Magistrates Court, in accordance with specified software requirements, by way of a specified kind of electronic transmission; or

                     (b)  in such other circumstances (if any) as are ascertained in accordance with the Rules of Court.

47  Seal of the Federal Magistrates Court

             (1)  The Federal Magistrates Court is to have a seal, and the design of the seal is to be determined by the Minister.

             (2)  The seal of the Federal Magistrates Court must be kept in such custody as the Chief Federal Magistrate directs.

             (3)  The seal of the Federal Magistrates Court must be affixed to documents as provided by this or any other Act or by the Rules of Court.

48  Federal Magistrates Court stamps

             (1)  There are to be one or more Federal Magistrates Court stamps. For this purpose, a Federal Magistrates Court stamp is a stamp the design of which is, as nearly as practicable, the same as the design of the seal of the Federal Magistrates Court.

             (2)  A document or a copy of a document marked with a Federal Magistrates Court stamp is as valid and effectual as if it had been sealed with a seal of the Federal Magistrates Court.

             (3)  A Federal Magistrates Court stamp must be affixed to documents as provided by this or any other Act or by the Rules of Court.

49  Writs etc.

             (1)  All writs, commissions and process issued from the Federal Magistrates Court must be:

                     (a)  under the seal of the Federal Magistrates Court; and

                     (b)  signed by a Federal Magistrate, a Registrar or an officer acting with the authority of the Chief Executive Officer.

             (2)  Subsection (1) does not apply to writs, commissions and process signed and issued in accordance with an arrangement under section 90.

Note:          See paragraph 90(1)(b).

             (3)  To avoid doubt, subsection (1) does not apply to an order of the Federal Magistrates Court.

Note:          For orders, see section 74.

50  Proceedings may be instituted by application

             (1)  Proceedings may be instituted in the Federal Magistrates Court by way of application without the need for pleadings.

             (2)  Subsection (1) has effect subject to the Rules of Court.

51  Limits on length of documents

             (1)  The Federal Magistrates Court or a Federal Magistrate may give directions about limiting the length of documents required or permitted to be filed in the Federal Magistrates Court.

             (2)  Subsection (1) has effect subject to the Rules of Court.


 

Division 3Conduct of proceedings

52  Venue

             (1)  The Federal Magistrates Court may sit at any place in Australia.

             (2)  The Federal Magistrates Court or a Federal Magistrate may, at any stage of a proceeding in the Federal Magistrates Court, order that:

                     (a)  the proceeding; or

                     (b)  a part of the proceeding;

be conducted or continued at a place specified in the order, subject to such conditions (if any) as the Federal Magistrates Court or Federal Magistrate imposes.

53  Determination of proceedings without a jury

                   A civil proceeding between parties in the Federal Magistrates Court is to be determined without a jury.

54  Decisions without oral hearing

                   The Rules of Court may authorise the Federal Magistrates Court or a Federal Magistrate to make decisions in proceedings without an oral hearing if the parties to the proceedings have consented to the making of such decisions without an oral hearing.

55  Limits on the length of oral argument

             (1)  The Federal Magistrates Court or a Federal Magistrate may give directions about limiting the time for oral argument in proceedings before the Federal Magistrates Court.

             (2)  Subsection (1) has effect subject to the Rules of Court.

56  Written submissions

             (1)  The Federal Magistrates Court or a Federal Magistrate may give directions about the use of written submissions in proceedings before the Federal Magistrates Court.

             (2)  The Federal Magistrates Court or a Federal Magistrate may give directions limiting the length of written submissions in proceedings before the Federal Magistrates Court.

             (3)  Subsections (1) and (2) have effect subject to the Rules of Court.

57  Formal defects not to invalidate

             (1)  Proceedings in the Federal Magistrates Court are not invalidated by a formal defect or an irregularity, unless the Federal Magistrates Court is of opinion that:

                     (a)  substantial injustice has been caused by the defect or irregularity; and

                     (b)  the injustice cannot be remedied by an order of the Federal Magistrates Court.

             (2)  The Federal Magistrates Court or a Federal Magistrate may, on such conditions (if any) as the Federal Magistrates Court or Federal Magistrate thinks fit, make an order declaring that the proceeding is not invalid:

                     (a)  by reason of a defect that it or he or she considers to be formal; or

                     (b)  by reason of an irregularity.


 

Division 4Evidence

58  Oaths and affirmations

             (1)  A Federal Magistrate may require and administer all necessary oaths and affirmations for the purposes of the Federal Magistrates Court.

             (2)  A Federal Magistrate may cause to be administered all necessary oaths and affirmations for the purposes of the Federal Magistrates Court. For this purpose, the Federal Magistrates Court may, either orally or in writing, authorise any person (whether in or outside Australia) to administer oaths and affirmations.

             (3)  The Chief Executive Officer may, by written instrument, authorise:

                     (a)  a Registrar; or

                     (b)  a member of the staff of the Federal Magistrates Court;

to administer oaths and affirmations for the purposes of the Federal Magistrates Court.

Note:          See also paragraph 90(1)(d).

59  Swearing of affidavits etc.

             (1)  An affidavit to be used in a proceeding in the Federal Magistrates Court may be sworn or affirmed within Australia before:

                     (a)  a Federal Magistrate; or

                     (b)  a Registrar; or

                     (c)  a justice of the peace; or

                     (d)  a commissioner for affidavits; or

                     (e)  a commissioner for declarations; or

                      (f)  a person who is authorised to administer oaths or affirmations for the purposes of:

                              (i)  the Federal Magistrates Court; or

                             (ii)  the High Court; or

                            (iii)  the Federal Court; or

                            (iv)  the Family Court; or

                             (v)  the Supreme Court of a State or Territory; or

                     (g)  a person before whom affidavits can be sworn or affirmed under the Evidence Act 1995.

             (2)  An affidavit to be used in a proceeding in the Federal Magistrates Court may be sworn or affirmed at a place outside Australia before:

                     (a)  a commissioner of the High Court who is authorised to administer oaths or affirmations in that place for the purposes of the High Court; or

                     (b)  a commissioner of the Supreme Court of a State or Territory for taking affidavits who is empowered and authorised to act in that place; or

                     (c)  an Australian Diplomatic Officer or an Australian Consular Officer, as defined by the Consular Fees Act 1955, who is exercising his or her function in that place; or

                     (d)  an employee of the Commonwealth who is:

                              (i)  authorised under paragraph 3(c) of the Consular Fees Act 1955; and

                             (ii)  exercising his or her function in that place; or

                     (e)  an employee of the Australian Trade Commission who is:

                              (i)  authorised under paragraph 3(d) of the Consular Fees Act 1955; and

                             (ii)  exercising his or her function in that place; or

                      (f)  a notary public who is exercising his or her function in that place; or

                     (g)  a person who is:

                              (i)  qualified to administer an oath or affirmation in that place; and

                             (ii)  certified by the person mentioned in any of paragraphs (b), (c), (d), (e) and (f), or by the superior court of that place, to be so qualified.

             (3)  An affidavit sworn or affirmed outside Australia otherwise than before a person referred to in subsection (2) may be used in a proceeding in the Federal Magistrates Court in circumstances provided by the Rules of Court.

Note:          See also paragraph 90(1)(d).

60  Orders and commissions for examination of witnesses

                   The Federal Magistrates Court or a Federal Magistrate may, for the purposes of any proceeding before it or him or her:

                     (a)  order the examination of a person upon oath or affirmation before the Federal Magistrates Court, a Federal Magistrate, an officer of the Federal Magistrates Court or other person, at any place within Australia; or

                     (b)  order that a commission issue to a person, either within or beyond Australia, authorising him or her to take the testimony on oath or affirmation of a person;

and the Federal Magistrates Court or a Federal Magistrate may:

                     (c)  by the same or a subsequent order, give any necessary directions concerning the time, place and manner of the examination; and

                     (d)  empower any party to the proceeding to give in evidence in the proceeding the testimony so taken on such terms (if any) as the Federal Magistrates Court or Federal Magistrate directs.

62  Time limits on giving of testimony

             (1)  The Federal Magistrates Court or a Federal Magistrate may give directions about limiting the time for the giving of testimony in proceedings before the Federal Magistrates Court.

             (2)  Subsection (1) has effect subject to the Rules of Court.

63  Federal Magistrates Court may question witnesses

             (1)  The Federal Magistrates Court may:

                     (a)  put a question to a person giving testimony in a proceeding if, in the opinion of the Federal Magistrates Court, the question is likely to assist in:

                              (i)  the resolution of a matter in dispute in the proceeding; or

                             (ii)  the expeditious and efficient conduct of the proceeding; and

                     (b)  require the person to answer the question.

             (2)  Subsection (1) has effect subject to the Rules of Court.

             (3)  This section has effect in addition to, and not instead of, any other powers that the Federal Magistrates Court may have to ask questions.

64  Evidence may be given orally or by affidavit

             (1)  Testimony in a proceeding in the Federal Magistrates Court is to be given orally or by affidavit.

             (2)  However, the Federal Magistrates Court or a Federal Magistrate may:

                     (a)  direct that particular testimony is to be given orally; or

                     (b)  direct that particular testimony is to be given by affidavit.

             (3)  Subsections (1) and (2) have effect subject to:

                     (a)  any other provision of this Act; and

                     (b)  the Rules of Court; and

                     (c)  any other law of the Commonwealth.

Cross‑examination of person who makes an affidavit

             (4)  If:

                     (a)  a person makes an affidavit; and

                     (b)  a party to a proceeding in the Federal Magistrates Court adduces, or proposes to adduce, evidence by the affidavit;

a party to the proceeding may request the person to appear as a witness to be cross‑examined with respect to the matters in the affidavit.

             (5)  Subsection (4) has effect subject to the Rules of Court.

             (6)  If:

                     (a)  a request under subsection (4) is given to a person who has made an affidavit; and

                     (b)  the person does not appear as a witness to be cross‑examined with respect to the matters in the affidavit;

the Federal Magistrates Court is to give the matters in the affidavit such weight as the Federal Magistrates Court thinks fit in the circumstances.

65  Offences by witness

             (1)  A person is guilty of an offence if:

                     (a)  the person has been duly served with a subpoena or summons to appear as a witness before the Federal Magistrates Court; and

                     (b)  the person:

                              (i)  fails to attend as required by the subpoena or summons; or

                             (ii)  fails to appear and report himself or herself from day to day unless excused, or released from further attendance, by the Federal Magistrates Court.

Penalty:  Imprisonment for 6 months.

             (2)  A person is guilty of an offence if the person, while appearing as a witness before the Federal Magistrates Court:

                     (a)  refuses or fails to be sworn or to make an affirmation; or

                     (b)  refuses or fails to answer a question that he or she is required by the Federal Magistrates Court to answer; or

                     (c)  refuses or fails to produce a document that he or she is required by the Federal Magistrates Court or by a subpoena or summons issued from the Federal Magistrates Court to produce.

Penalty:  Imprisonment for 6 months.

             (3)  This section does not limit the power of the Federal Magistrates Court to punish persons for contempt of the Federal Magistrates Court, but a person must not be punished under this section and for contempt of the Federal Magistrates Court in respect of the same act or omission.

Note:          See also Division 13A of Part VII, and Parts XIII and XIIIA, of the Family Law Act 1975 in relation to family law or child support proceedings.

             (4)  Chapter 2 of the Criminal Code applies to all offences against this section.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.


 

Division 5Use of video links or audio links

66  Testimony by video link or audio link

             (1)  The Federal Magistrates Court or a Federal Magistrate may, for the purposes of any proceeding, direct or allow testimony to be given by video link or audio link.

Note:          See also section 69.

             (2)  The testimony must be given on oath or affirmation unless:

                     (a)  the person giving the testimony is in a foreign country; and

                     (b)  either:

                              (i)  the law in force in that country does not permit the person to give testimony on oath or affirmation for the purposes of the proceeding; or

                             (ii)  the law in force in that country would make it inconvenient for the person to give testimony on oath or affirmation for the purposes of the proceeding; and

                     (c)  the Federal Magistrates Court or a Federal Magistrate is satisfied that it is appropriate for the testimony to be given otherwise than on oath or affirmation.

             (3)  If the testimony is given otherwise than on oath or affirmation, the Federal Magistrates Court or the Federal Magistrate is to give the testimony such weight as the Federal Magistrates Court or the Federal Magistrate thinks fit in the circumstances.

             (4)  The power conferred on the Federal Magistrates Court or a Federal Magistrate by subsection (1) may be exercised:

                     (a)  on the application of a party to the proceedings concerned; or

                     (b)  on the Federal Magistrates Court’s own initiative or on the Federal Magistrate’s own initiative, as the case may be.

             (5)  This section applies whether the person giving testimony is in or outside Australia, but does not apply if the person giving testimony is in New Zealand.

Note:          See the Evidence and Procedure (New Zealand) Act 1994.

67  Appearance of persons by video link or audio link

             (1)  The Federal Magistrates Court or a Federal Magistrate may, for the purposes of any proceeding, direct or allow a person to appear before the Federal Magistrates Court or the Federal Magistrate by way of video link or audio link.

Note:          See also section 69.

             (2)  The power conferred on the Federal Magistrates Court or a Federal Magistrate by subsection (1) may be exercised:

                     (a)  on the application of a party to the proceedings concerned; or

                     (b)  on the Federal Magistrates Court’s own initiative or on the Federal Magistrate’s own initiative, as the case may be.

             (3)  This section applies whether the person appearing is in or outside Australia, but does not apply if the person appearing is in New Zealand.

Note:          See the Evidence and Procedure (New Zealand) Act 1994.

68  Making of submissions by video link or audio link

             (1)  The Federal Magistrates Court or a Federal Magistrate may, for the purposes of any proceeding, direct or allow a person to make a submission to the Federal Magistrates Court or the Federal Magistrate by way of video link or audio link.

Note:          See also section 69.

             (2)  The power conferred on the Federal Magistrates Court or a Federal Magistrate by subsection (1) may be exercised:

                     (a)  on the application of a party to the proceedings concerned; or

                     (b)  on the Federal Magistrates Court’s own initiative or on the Federal Magistrate’s own initiative, as the case may be.

             (3)  This section applies whether the person making the submission is in or outside Australia, but does not apply if the person making the submission is in New Zealand.

Note:          See the Evidence and Procedure (New Zealand) Act 1994.

69  Conditions for use of video links and audio links

Video link

             (1)  The Federal Magistrates Court or a Federal Magistrate must not exercise the power conferred by subsection 66(1), 67(1) or 68(1) in relation to a video link unless the Federal Magistrates Court or the Federal Magistrate is satisfied that the following conditions are met in relation to the video link:

                     (a)  the courtroom or other place where the Federal Magistrates Court or the Federal Magistrate is sitting is equipped with facilities (for example, television monitors) that enable all eligible persons present in that courtroom or place to see and hear the person (the remote person) who is:

                              (i)  giving the testimony; or

                             (ii)  appearing; or

                            (iii)  making the submission;

                            as the case may be, by way of the video link;

                     (b)  the place at which the remote person is located is equipped with facilities (for example, television monitors) that enable all eligible persons present in that place to see and hear each eligible person who is present in the courtroom or other place where the Federal Magistrates Court or the Federal Magistrate is sitting;

                     (c)  such other conditions (if any) as are prescribed by the Rules of Court in relation to the video link;

                     (d)  such other conditions (if any) as are imposed by the Federal Magistrates Court or the Federal Magistrate.

             (2)  The conditions that may be prescribed by the Rules of Court in accordance with paragraph (1)(c) include conditions relating to:

                     (a)  the form of the video link; and

                     (b)  the equipment, or class of equipment, used to establish the link; and

                     (c)  the layout of cameras; and

                     (d)  the standard of transmission; and

                     (e)  the speed of transmission; and

                      (f)  the quality of communication.

Audio link

             (3)  The Federal Magistrates Court or a Federal Magistrate must not exercise the power conferred by subsection 66(1), 67(1) or 68(1) in relation to an audio link unless the Federal Magistrates Court or the Federal Magistrate is satisfied that the following conditions are met in relation to the audio link:

                     (a)  the courtroom or other place where the Federal Magistrates Court or the Federal Magistrate is sitting is equipped with facilities (for example, loudspeakers) that enable all eligible persons present in that courtroom or place to hear the person (the remote person) who is:

                              (i)  giving the testimony; or

                             (ii)  appearing; or

                            (iii)  making the submission;

                            as the case may be, by way of the audio link;

                     (b)  the place at which the remote person is located is equipped with facilities (for example, loudspeakers) that enable all eligible persons present in that place to hear each eligible person who is present in the courtroom or other place where the Federal Magistrates Court or the Federal Magistrate is sitting;

                     (c)  such other conditions (if any) as are prescribed by the Rules of Court in relation to the audio link;

                     (d)  such other conditions (if any) as are imposed by the Federal Magistrates Court or the Federal Magistrate.

             (4)  The conditions that may be prescribed by the Rules of Court in accordance with paragraph (3)(c) include conditions relating to:

                     (a)  the form of the audio link; and

                     (b)  the equipment, or class of equipment, used to establish the audio link; and

                     (c)  the standard of transmission; and

                     (d)  the speed of transmission; and

                     (e)  the quality of communication.

Eligible persons

             (5)  For the purposes of the application of this section to a particular proceeding, eligible persons are such persons as the Federal Magistrates Court or a Federal Magistrate considers should be treated as eligible persons for the purposes of that proceeding.

70  Putting documents to a person by video link or audio link

                   If, in the course of an examination or appearance of a person by video link or audio link in accordance with this Division, it is necessary to put a document to the person, the Federal Magistrates Court or a Federal Magistrate may direct or allow the document to be put to the person:

                     (a)  if the document is physically present in the courtroom or other place where the Federal Magistrates Court or the Federal Magistrate is sitting:

                              (i)  by causing a copy of the document to be transmitted to the place where the person is located; and

                             (ii)  by causing the transmitted copy to be put to the person; or

                     (b)  if the document is physically present in the place where the person is located:

                              (i)  by causing the document to be put to the person; and

                             (ii)  by causing a copy of the document to be transmitted to the courtroom or other place where the Federal Magistrates Court or the Federal Magistrate is sitting.

71  Administration of oaths and affirmations

                   An oath to be sworn, or an affirmation to be made, by a person (the remote person) who is to give testimony by video link or audio link in accordance with this Division may be administered:

                     (a)  by means of the video link or audio link, as the case may be, in a way that, as nearly as practicable, corresponds to the way in which the oath or affirmation would be administered if the remote person were to give testimony in the courtroom or other place where the Federal Magistrates Court or the Federal Magistrate is sitting; or

                     (b)  if the Federal Magistrates Court or the Federal Magistrate allows another person who is present at the place where the remote person is located to administer the oath or affirmation—by that other person.

72  Expenses

             (1)  The Federal Magistrates Court or a Federal Magistrate may make such orders as the Federal Magistrates Court or the Federal Magistrate thinks just for the payment of expenses incurred in connection with:

                     (a)  the giving of testimony by video link or audio link in accordance with this Division; or

                     (b)  the appearance of a person by video link or audio link in accordance with this Division; or

                     (c)  the making of submissions by video link or audio link in accordance with this Division.

             (2)  Subsection (1) has effect subject to the regulations.

73  New Zealand proceedings

                   This Division does not affect the operation of the Evidence and Procedure (New Zealand) Act 1994.


 

Division 6Orders and judgments

74  Orders

             (1)  An order of the Federal Magistrates Court must:

                     (a)  be in writing; or

                     (b)  be reduced to writing as soon as practicable.

             (2)  An order of the Federal Magistrates Court may be authenticated in a manner specified in the Rules of Court.

75  Reserved judgments etc.

             (1)  If:

                     (a)  the Federal Magistrates Court reserves judgment in a proceeding; and

                     (b)  the Federal Magistrate who heard the proceeding subsequently prepares orders and reasons, but is not available to publish those orders and reasons;

those orders and reasons may be made public by another Federal Magistrate on behalf of the Federal Magistrate who heard the proceeding.

             (2)  If:

                     (a)  the Federal Magistrates Court reserves reasons for its decision in a proceeding; and

                     (b)  the Federal Magistrate who heard the proceeding has prepared reasons, but is not available to publish those reasons;

those reasons may be made public by another Federal Magistrate on behalf of the Federal Magistrate who heard the proceeding.

76  Interest up to judgment

             (1)  This section does not apply to family law or child support proceedings.

Note:          See section 117B of the Family Law Act 1975 in relation to family law or child support proceedings.

Application for interest order

             (2)  A party to proceedings that are:

                     (a)  in the Federal Magistrates Court; and

                     (b)  for the recovery of any money (including any debt or damages or the value of any goods) in respect of a particular cause of action;

may apply to the Federal Magistrates Court or a Federal Magistrate for an order under subsection (3).

Interest order

             (3)  If:

                     (a)  an application is made under subsection (2); and

                     (b)  the Federal Magistrates Court or the Federal Magistrate is not satisfied that good cause has been shown for not making an order under this subsection;

the Federal Magistrates Court or the Federal Magistrate must either:

                     (c)  order that there be included in the sum for which judgment is given interest at such rate as the Federal Magistrates Court or the Federal Magistrate thinks fit on the whole or any part of the money for the whole or any part of the period between:

                              (i)  the date when the cause of action arose; and

                             (ii)  the date as of which judgment is entered; or

                     (d)  without proceeding to calculate interest in accordance with paragraph (c), order that there be included in the sum for which judgment is given a lump sum in lieu of any such interest.

Exceptions

             (4)  Subsection (3) does not:

                     (a)  authorise the giving of interest upon interest or of a sum in lieu of such interest; or

                     (b)  apply in relation to any debt upon which interest is payable as of right, whether by virtue of an agreement or otherwise; or

                     (c)  affect the damages recoverable for the dishonour of a bill of exchange; or

                     (d)  limit the operation of any enactment or rule of law which, apart from this section, provides for the award of interest; or

                     (e)  authorise the giving of interest, or a sum in lieu of interest, otherwise than by consent, upon any sum for which judgment is given by consent.

             (5)  If:

                     (a)  the sum for which judgment is given (the relevant sum) includes; or

                     (b)  the Federal Magistrates Court in its absolute discretion, or a Federal Magistrate in that Federal Magistrate’s absolute discretion, determines that the relevant sum includes;

any amount for:

                     (c)  compensation in respect of liabilities incurred which do not carry interest as against the person claiming interest or claiming a sum in lieu of interest; or

                     (d)  compensation for loss or damage to be incurred or suffered after the date on which judgment is given; or

                     (e)  exemplary or punitive damages;

interest, or a sum in lieu of interest, must not be given under subsection (3) in respect of:

                      (f)  any such amount; or

                     (g)  so much of the relevant sum as, in the opinion of the Federal Magistrates Court or the Federal Magistrate, represents any such amount.

             (6)  Subsection (5) does not preclude:

                     (a)  interest; or

                     (b)  a sum in lieu of interest;

being given, under this section, upon compensation in respect of a liability of the kind referred to in paragraph (5)(c), where that liability has been met by the applicant, as from the date upon which that liability was so met.

77  Interest on judgment

             (1)  This section does not apply to family law or child support proceedings.

Note:          See section 117B of the Family Law Act 1975 in relation to family law or child support proceedings.

             (2)  A judgment debt under a judgment of the Federal Magistrates Court carries interest from the date as of which the judgment is entered.

             (3)  Interest is payable:

                     (a)  at such rate as is fixed by the Rules of Court; or

                     (b)  if the Federal Magistrates Court, in a particular case, thinks that justice so requires—at such lower rate as the Federal Magistrates Court determines.

78  Enforcement of judgment

             (1)  This section does not apply to family law or child support proceedings.

Note:          See Division 13A of Part VII, and Parts XIII and XIIIA, of the Family Law Act 1975 in relation to family law or child support proceedings.

             (2)  A person in whose favour a judgment of the Federal Magistrates Court is given is entitled to the same remedies for enforcement of the judgment in a State or Territory, by execution or otherwise, as are allowed in like cases by the laws of that State or Territory to persons in whose favour a judgment of the Supreme Court of that State or Territory is given.

             (3)  Subsection (2) has effect subject to the Rules of Court.

             (4)  This section does not affect the operation of any provision made by or under any other Act, or by the Rules of Court, for the execution and enforcement of judgments of the Federal Magistrates Court.


 

Division 7Costs

79  Costs

             (1)  This section does not apply to family law or child support proceedings or proceedings in relation to a matter arising under the Fair Work Act 2009.

Note:          See section 117 of the Family Law Act 1975 in relation to family law or child support proceedings. See section 570 of the Fair Work Act 2009 for proceedings in relation to matters arising under that Act.

             (2)  The Federal Magistrates Court or a Federal Magistrate has jurisdiction to award costs in all proceedings before the Federal Magistrates Court (including proceedings dismissed for want of jurisdiction) other than proceedings in respect of which any other Act provides that costs must not be awarded.

             (3)  Except as provided by the Rules of Court or any other Act, the award of costs is in the discretion of the Federal Magistrates Court or Federal Magistrate.

80  Security for costs

             (1)  This section does not apply to family law or child support proceedings.

Note:          See section 117 of the Family Law Act 1975 in relation to family law or child support proceedings.

             (2)  The Federal Magistrates Court or a Federal Magistrate may order an applicant in a proceeding in the Federal Magistrates Court to give security for the payment of costs that may be awarded against him or her.

             (3)  The security is to be of such amount, and given at such time and in such manner and form, as the Federal Magistrates Court or Federal Magistrate directs.

             (4)  The Federal Magistrates Court or a Federal Magistrate may:

                     (a)  reduce or increase the amount of security ordered to be given; and

                     (b)  vary the time at which, or manner or form in which, the security is to be given.

             (5)  If security, or further security, is not given in accordance with an order under this section, the Federal Magistrates Court or a Federal Magistrate may order that the proceeding be:

                     (a)  dismissed; or

                     (b)  stayed until security or further security is given in accordance with the first‑mentioned order.

             (6)  This section does not affect the operation of any provision made by or under any other Act or by the Rules of Court for or in relation to the giving of security.


 

Division 8Rules of Court

81  Rules of Court

             (1)  The Federal Magistrates, or a majority of them, may make Rules of Court:

                     (a)  making provision for or in relation to the practice and procedure to be followed in the Federal Magistrates Court (including the practice and procedure to be followed in registries of the Federal Magistrates Court); or

                     (b)  making provision for or in relation to all matters and things incidental to any such practice or procedure, or necessary or convenient to be prescribed for the conduct of any business of the Federal Magistrates Court; or

                     (c)  prescribing matters required or permitted by:

                              (i)  any other provision of this Act; or

                             (ii)  any other law of the Commonwealth;

                            to be prescribed by the Rules of Court.

             (2)  Rules of Court have effect subject to any provision made by another Act, or by rules or regulations under another Act, with respect to the practice and procedure in particular matters.

             (3)  The Legislative Instruments Act 2003 (other than sections 5, 6, 7, 10, 11 and 16 of that Act) applies in relation to rules of court made by the Court under this Act or another Act:

                     (a)  as if a reference to a legislative instrument were a reference to a rule of court; and

                     (b)  as if a reference to a rule‑maker were a reference to the Chief Federal Magistrate acting on behalf of the Federal Magistrates; and

                     (c)  subject to such further modifications or adaptations as are provided for in regulations made under section 120 of this Act.

             (4)  Despite the fact that section 16 of the Legislative Instruments Act 2003 does not apply to rules of court made by the Court under this Act or another Act, the Office of Parliamentary Counsel (established by subsection 2(1) of the Parliamentary Counsel Act 1970) may provide assistance in the drafting of any of those Rules if the Chief Federal Magistrate so desires.

82  Documents

             (1)  The Rules of Court may make provision for or in relation to:

                     (a)  pleading; and

                     (b)  appearance under protest; and

                     (c)  interrogatories; and

                     (d)  discovery, production and inspection of documents; and

                     (e)  the making of applications for dissolution of marriage jointly by both parties to the marriage; and

                      (f)  the forms to be used for the purposes of proceedings in the Federal Magistrates Court.

             (2)  The Rules of Court may make provision for:

                     (a)  the amendment of a document in a proceeding; or

                     (b)  leave to amend a document in a proceeding;

even if the effect of the amendment would be to allow a person to seek a remedy in respect of a legal or equitable claim that would have been barred because of the expiry of a period of limitation if the remedy had originally been sought at the time of the amendment.

83  Service

                   The Rules of Court may make provision for or in relation to:

                     (a)  the service and execution of the process of the Federal Magistrates Court, including:

                              (i)  the manner in which and the extent to which the process of the Federal Magistrates Court, or notice of any such process, may be served out of the jurisdiction of the Federal Magistrates Court; and

                             (ii)  dispensing with service; and

                     (b)  the issue by the Federal Magistrates Court of letters of request for the service in another country of any process of the Federal Magistrates Court; and

                     (c)  the service by officers of the Federal Magistrates Court, in Australia, of the process of a court of another country or of a part of another country, in accordance with:

                              (i)  a request of that court or of an authority of that country or of that part of that country; or

                             (ii)  an arrangement in force between Australia and the government of that other country or of that part of that other country.

84  Evidence

                   The Rules of Court may make provision for or in relation to:

                     (a)  subpoenas; and

                     (b)  summonses; and

                     (c)  the attendance of witnesses; and

                     (d)  the administration of oaths and affirmations; and

                     (e)  the means by which particular facts may be proved and the mode in which evidence of particular facts may be given; and

                      (f)  the reception from New Zealand of copies of documents reproduced by facsimile telegraphy; and

                     (g)  the reception from New Zealand of evidence or submissions by video link or audio link; and

                     (h)  issuing subpoenas for service in New Zealand and the service of such subpoenas; and

                      (i)  the form to accompany a subpoena for service in New Zealand.

85  Orders and judgments

                   The Rules of Court may make provision for or in relation to:

                     (a)  the enforcement and execution of judgments of the Federal Magistrates Court; and

                     (b)  the stay of proceedings in, or under judgments of, the Federal Magistrates Court or another court; and

                     (c)  the stay of proceedings in, or under decisions of, tribunals; and

                     (d)  the procedure of the Federal Magistrates Court exercising its powers (whether under section 112AP of the Family Law Act 1975 or otherwise) to deal with a person for contempt of the Federal Magistrates Court; and

                     (e)  the form in which the Federal Magistrates Court or a Federal Magistrate is to give reasons for decisions.

86  Costs

                   The Rules of Court may make provision for or in relation to:

                     (a)  the giving of security; and

                     (b)  the costs of proceedings in the Federal Magistrates Court; and

                     (c)  the fees to be charged by practitioners practising in the Federal Magistrates Court for the work done by them in relation to proceedings in the Federal Magistrates Court and the taxation of their bills of costs, either as between party and party or as between solicitor and client; and

                     (d)  the kinds of proceedings or circumstances in which each party is required to bear his or her own costs.

87  General

             (1)  The Rules of Court may make provision for or in relation to:

                     (a)  trial management; and

                     (b)  the custody of convicted persons; and

                     (c)  the prevention or termination of vexatious proceedings; and

                     (d)  the summary disposal of proceedings; and

                     (e)  authorising the Federal Magistrates Court to refer to an officer of the court, for:

                              (i)  investigation; and

                             (ii)  report; and

                            (iii)  recommendation;

                            claims or applications for, or relating to, any matters before the Federal Magistrates Court; and

                      (f)  authorising an officer making an investigation mentioned in paragraph (e) to:

                              (i)  take evidence on oath or affirmation; and

                             (ii)  receive in evidence a report from a family consultant under section 55A or 62G of the Family Law Act 1975; and

                            (iii)  receive in evidence a report from a person who has had dealings with a party to a matter under investigation under section 65F, 65L, 65LA, 70NEB or 70NEG of the Family Law Act 1975; and

                    (fa)  enabling the summoning of witnesses before an officer making an investigation mentioned in paragraph (e) for the purposes of giving evidence or producing books or documents; and

                     (g)  the procedure of the Federal Magistrates Court on receiving a report of an officer who has made an investigation referred to in paragraph (e); and

                     (h)  the appointment, by the Minister, of a guardian ad litem for a party in proceedings; and

                      (i)  both:

                              (i)  the forfeiture of recognisances; and

                             (ii)  the recovery of any money that may be due to the Commonwealth under such recognisances or from any person who has become a surety; and

                      (j)  the attachment of money payable by:

                              (i)  the Commonwealth, a State, a Territory or the Administration of a Territory; or

                             (ii)  an authority of the Commonwealth, of a State or of a Territory;

                            (other than money as to which it is provided by any law of the Commonwealth, of a State or of a Territory that the money is not liable to attachment); and

                     (k)  the death of parties; and

                      (l)  the duties of officers of the Federal Magistrates Court.

             (2)  The Rules of Court may make provision for or in relation to:

                     (a)  attendance at family counselling by parties to proceedings under the Family Law Act 1975; and

                     (b)  attendance at family dispute resolution by parties to proceedings under the Family Law Act 1975; and

                     (c)  the giving of advice and assistance by family consultants to people involved in proceedings under the Family Law Act 1975; and

                     (d)  the participation by parties to proceedings under the Family Law Act 1975 in courses, programs and other services that the parties are ordered by the court to participate in; and

                     (e)  the use, for the purposes of proceedings under the Family Law Act 1975, by the Federal Magistrates Court and officers of the Court in family law and child support proceedings, of reports about the future conduct of the proceedings that have been prepared by persons who dealt with the parties in accordance with Rules of Court made under paragraphs (a), (b), (c) or (d).

88  Incidental matters

                   The Rules of Court may prescribe matters incidental to the matters that, under:

                     (a)  any other provision of this Act; or

                     (b)  any other law of the Commonwealth;

are required or permitted to be prescribed by the Rules of Court.


 

Part 6ASuppression and non‑publication orders

Division 1Preliminary

88A  Definitions

                   In this Part:

information includes any document.

news publisher means a person engaged in the business of publishing news or a public or community broadcasting service engaged in the publishing of news through a public news medium.

non‑publication order means an order that prohibits or restricts the publication of information (but that does not otherwise prohibit or restrict the disclosure of information).

party to a proceeding includes the complainant or victim (or alleged victim) in a criminal proceeding and any person named in evidence given in a proceeding and, in relation to a proceeding that has concluded, means a person who was a party to the proceeding before the proceeding concluded.

publish means disseminate or provide access to the public or a section of the public by any means, including by:

                     (a)  publication in a book, newspaper, magazine or other written publication; or

                     (b)  broadcast by radio or television; or

                     (c)  public exhibition; or

                     (d)  broadcast or publication by means of the internet.

suppression order means an order that prohibits or restricts the disclosure of information (by publication or otherwise).

88B  Powers of Federal Magistrates Court not affected

                   This Part does not limit or otherwise affect any powers that the Federal Magistrates Court has apart from this Part to regulate its proceedings or to deal with a contempt of the Federal Magistrates Court.

88C  Other laws not affected

                   This Part does not limit or otherwise affect the operation of a provision made by or under any Act (other than this Act) that prohibits or restricts, or authorises a court to prohibit or restrict, the publication or other disclosure of information in connection with proceedings.

88D  This Part does not apply to proceedings under the Family Law Act 1975

                   This Part applies to proceedings in the Federal Magistrates Court other than proceedings under the Family Law Act 1975.

Note:          Part XIA of the Family Law Act 1975 deals with suppression and non‑publication orders in proceedings under that Act.


 

Division 2Suppression and non‑publication orders

88E  Safeguarding public interest in open justice

                   In deciding whether to make a suppression order or non‑publication order, the Federal Magistrates Court must take into account that a primary objective of the administration of justice is to safeguard the public interest in open justice.

88F  Power to make orders

             (1)  The Federal Magistrates Court may, by making a suppression order or non‑publication order on grounds permitted by this Part, prohibit or restrict the publication or other disclosure of:

                     (a)  information tending to reveal the identity of or otherwise concerning any party to or witness in a proceeding before the Federal Magistrates Court or any person who is related to or otherwise associated with any party to or witness in a proceeding before the Federal Magistrates Court; or

                     (b)  information that relates to a proceeding before the Federal Magistrates Court and is:

                              (i)  information that comprises evidence or information about evidence; or

                             (ii)  information obtained by the process of discovery; or

                            (iii)  information produced under a subpoena; or

                            (iv)  information lodged with or filed in the Federal Magistrates Court.

             (2)  The Federal Magistrates Court may make such orders as it thinks appropriate to give effect to an order under subsection (1).

88G  Grounds for making an order

             (1)  The Federal Magistrates Court may make a suppression order or non‑publication order on one or more of the following grounds:

                     (a)  the order is necessary to prevent prejudice to the proper administration of justice;

                     (b)  the order is necessary to prevent prejudice to the interests of the Commonwealth or a State or Territory in relation to national or international security;

                     (c)  the order is necessary to protect the safety of any person;

                     (d)  the order is necessary to avoid causing undue distress or embarrassment to a party to or witness in a criminal proceeding involving an offence of a sexual nature (including an act of indecency).

             (2)  A suppression order or non‑publication order must specify the ground or grounds on which the order is made.

88H  Procedure for making an order

             (1)  The Federal Magistrates Court may make a suppression order or non‑publication order on its own initiative or on the application of:

                     (a)  a party to the proceeding concerned; or

                     (b)  any other person considered by the Federal Magistrates Court to have a sufficient interest in the making of the order.

             (2)  Each of the following persons is entitled to appear and be heard by the Federal Magistrates Court on an application for a suppression order or non‑publication order:

                     (a)  the applicant for the order;

                     (b)  a party to the proceeding concerned;

                     (c)  the Government (or an agency of the Government) of the Commonwealth or a State or Territory;

                     (d)  a news publisher;

                     (e)  any other person who, in the Federal Magistrates Court’s opinion, has a sufficient interest in the question of whether a suppression order or non‑publication order should be made.

             (3)  A suppression order or non‑publication order may be made at any time during a proceeding or after a proceeding has concluded.

             (4)  A suppression order or non‑publication order may be made subject to such exceptions and conditions as the Federal Magistrates Court thinks fit and specifies in the order.

             (5)  A suppression order or non‑publication order must specify the information to which the order applies with sufficient particularity to ensure that the court order is limited to achieving the purpose for which the order is made.

88J  Interim orders

             (1)  If an application is made to the Federal Magistrates Court for a suppression order or non‑publication order, the Federal Magistrates Court may, without determining the merits of the application, make the order as an interim order to have effect, subject to revocation by the Federal Magistrates Court, until the application is determined.

             (2)  If an order is made as an interim order, the Federal Magistrates Court must determine the application as a matter of urgency.

88K  Duration of orders

             (1)  A suppression order or non‑publication order operates for the period decided by the Federal Magistrates Court and specified in the order.

             (2)  In deciding the period for which an order is to operate, the Federal Magistrates Court is to ensure that the order operates for no longer than is reasonably necessary to achieve the purpose for which it is made.

             (3)  The period for which an order operates may be specified by reference to a fixed or ascertainable period or by reference to the occurrence of a specified future event.

88L  Exception for court officials

                   A suppression order does not prevent a person from disclosing information if the disclosure is not by publication and is in the course of performing functions or duties or exercising powers in a public official capacity:

                     (a)  in connection with the conduct of a proceeding or the recovery or enforcement of any penalty imposed in a proceeding; or

                     (b)  in compliance with any procedure adopted by the Federal Magistrates Court for informing a news publisher of the existence and content of a suppression order or non‑publication order made by the Federal Magistrates Court.

88M  Contravention of order

             (1)  A person commits an offence if:

                     (a)  the person does an act or omits to do an act; and

                     (b)  the act or omission contravenes an order made by the Federal Magistrates Court under section 88F.

Penalty:  Imprisonment for 12 months, 60 penalty units or both.

             (2)  An act or omission that constitutes an offence under this section may be punished as a contempt of court even though it could be punished as an offence.

             (3)  An act or omission that constitutes an offence under this section may be punished as an offence even though it could be punished as a contempt of court.

             (4)  If an act or omission constitutes both an offence under this section and a contempt of court, the offender is not liable to be punished twice.


 

Part 7Management of the Federal Magistrates Court

Division 1Administration of the Federal Magistrates Court

89  Management of administrative affairs of the Federal Magistrates Court

             (1)  The Chief Federal Magistrate is responsible for managing the administrative affairs of the Federal Magistrates Court.

             (3)  For this purpose, the Chief Federal Magistrate has power to do all things that are necessary or convenient to be done, including, on behalf of the Commonwealth:

                     (a)  entering into contracts; and

                     (b)  acquiring or disposing of real and personal property.

          (3A)  The Chief Federal Magistrate’s powers under subsection (3) are in addition to any powers given to the Chief Federal Magistrate by this Act or any other Act.

             (4)  Despite subsection (3), the Chief Federal Magistrate must not enter into a contract under which the Commonwealth is to pay or receive an amount exceeding:

                     (a)  $1 million; or

                     (b)  if a higher amount is prescribed—that higher amount;

except with the approval of the Minister.

90  Arrangements with other courts

             (1)  The Chief Federal Magistrate may arrange with the chief judicial officer (however described) of another Australian court for an officer or officers of that court to perform on behalf of the Federal Magistrates Court any or all of the following functions:

                     (a)  the receipt of documents to be lodged with or filed in the Federal Magistrates Court;

                     (b)  the signing and issuing of writs, commissions and process for the purposes of any proceedings in the Federal Magistrates Court;

                     (c)  the authentication of orders of the Federal Magistrates Court;

                     (d)  the administration of oaths and affirmations, and the witnessing of affidavits, for the purposes of any proceedings in the Federal Magistrates Court;

                     (e)  such other non‑judicial functions as are permitted by the Rules of Court to be performed under such an arrangement;

                      (f)  such other non‑judicial functions as the Federal Magistrates Court considers appropriate.

             (2)  If an arrangement under subsection (1) is in force in relation to the performance by an officer of an Australian court of a function on behalf of the Federal Magistrates Court, the officer may perform that function despite any other provision of this Act or any other law of the Commonwealth.

             (3)  A function performed on behalf of the Federal Magistrates Court in accordance with an arrangement under subsection (1) has effect as if the function had been performed by the Federal Magistrates Court.

             (4)  Copies of an arrangement under subsection (1) are to be made available for inspection by members of the public.

             (5)  For the purposes of this section, a member of the staff of an Australian court is taken to be an officer of that court.

91  Arrangements with agencies or organisations

             (1)  The Chief Federal Magistrate may arrange with the chief executive officer (however described) of:

                     (a)  an agency of the Commonwealth, a State or a Territory; or

                     (b)  another organisation;

for an employee or employees of the agency or organisation to:

                     (c)  receive, on behalf of the Federal Magistrates Court, documents to be lodged with or filed in the Federal Magistrates Court; or

                     (d)  perform, on behalf of the Federal Magistrates Court, other non‑judicial functions of the Federal Magistrates Court.

             (2)  If an arrangement under subsection (1) is in force in relation to the performance by an employee of an agency or organisation of a function on behalf of the Federal Magistrates Court, the employee may perform that function despite any other provision of this Act or any other law of the Commonwealth.

             (3)  A function performed on behalf of the Federal Magistrates Court in accordance with an arrangement under subsection (1) has effect as if the function had been performed by the Federal Magistrates Court.

             (4)  Copies of an arrangement under subsection (1) are to be made available for inspection by members of the public.

92  Arrangements for sharing courtrooms and other facilities

                   The Chief Federal Magistrate may make arrangements with the chief judicial officer (however described) of another Australian court for:

                     (a)  the Federal Magistrates Court to sit in rooms of the other court; and

                     (b)  the Federal Magistrates Court to share registry facilities and other facilities with the other court.

93  Advisory committees

             (1)  The Federal Magistrates Court may appoint committees consisting of Federal Magistrates, or of Federal Magistrates and other persons, for the purpose of advising the Federal Magistrates Court in relation to:

                     (a)  the exercise of the powers of the Federal Magistrates Court under this Act; or

                     (b)  the making of the Rules of Court.

             (2)  The Chief Federal Magistrate may appoint committees consisting of Federal Magistrates, or of Federal Magistrates and other persons, for the purpose of advising the Chief Federal Magistrate in relation to the management of the administrative affairs of the Federal Magistrates Court.


 

Division 1AAdministration of Federal Magistrates Court’s family services

93A  Chief Executive Officer has functions of family consultants

             (1)  The Chief Executive Officer has all of the functions conferred on family consultants by section 11A of the Family Law Act 1975, and any associated powers and duties.

             (2)  Without limiting subsection (1), sections 11C (admissibility of communications with family consultants) and 11D (immunity of family consultants) of that Act apply to the Chief Executive Officer while the Chief Executive Officer is performing the functions of a family consultant.

             (3)  The Chief Executive Officer is responsible for administering the functions of family consultants appointed by the Chief Executive Officer.

93B  Chief Executive Officer may delegate powers and functions that relate to family consultants

             (1)  The Chief Executive Officer may, in writing, delegate to a family consultant any of the Chief Executive Officer’s powers, functions and duties in relation to the functions of family consultants mentioned in section 11A of the Family Law Act 1975.

             (2)  A delegate is, in the exercise of a delegated power, function or duty, subject to the directions of the Chief Executive Officer.

93C  Chief Executive Officer may give directions that relate to family services functions

                   The Chief Executive Officer may give directions that relate to:

                     (a)  a Court officer’s functions as a family consultant; or

                     (b)  a Court officer’s or staff member’s functions as a family counsellor or family dispute resolution practitioner.

93D  Chief Executive Officer may authorise officer or staff member to act as family counsellor or family dispute resolution practitioner

             (1)  The Chief Executive Officer may authorise an officer or staff member of the Federal Magistrates Court to provide family counselling under the Family Law Act 1975.

             (2)  The Chief Executive Officer may authorise an officer or staff member of the Federal Magistrates Court to provide family dispute resolution under the Family Law Act 1975.

             (3)  If an officer who is a family consultant also becomes a family counsellor, or family dispute resolution practitioner, because of an authorisation under this section:

                     (a)  section 11C of the Family Law Act 1975 (admissibility of communications with family consultants) does not apply to the officer at any time while the officer is acting as a family counsellor or family dispute resolution practitioner; and

                     (b)  the officer must not perform the functions of a family consultant in relation to particular proceedings, if the officer has conducted family counselling or family dispute resolution with a party to those proceedings.


 

Division 2Chief Executive Officer

94  Chief Executive Officer

                   There is to be a Chief Executive Officer of the Federal Magistrates Court.

95  Personnel provisions relating to the Chief Executive Officer

                   Schedule 2 has effect.

96  Functions of the Chief Executive Officer

             (1)  In managing the administrative affairs of the Federal Magistrates Court, the Chief Federal Magistrate is assisted by the Chief Executive Officer.

             (2)  The Chief Executive Officer has the power to do all things necessary or convenient to be done for the purpose of assisting the Chief Federal Magistrate under subsection (1).

             (3)  In particular, the Chief Executive Officer may act on behalf of the Chief Federal Magistrate in relation to the administrative affairs of the Federal Magistrates Court.

             (4)  The Chief Federal Magistrate may give the Chief Executive Officer directions relating to the exercise of the Chief Executive Officer’s powers under this Act.

97  Staff powers

             (1)  For the purposes of the Public Service Act 1999:

                     (a)  the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and

                     (b)  the Chief Executive Officer is the Head of that Statutory Agency.

             (2)  Subsection (1) does not apply to an officer of the Federal Magistrates Court, or a member of the staff of the Federal Magistrates Court, who is also:

                     (a)  an officer of the Federal Court or the Family Court; or

                     (b)  a member of the staff of the Federal Court or the Family Court.


 

Division 3Registries

98  Registries

                   The Minister must cause to be established such Registries of the Federal Magistrates Court as the Minister thinks fit.


 

Division 4Other officers and staff

99  Officers of the Federal Magistrates Court

             (1)  In addition to the Chief Executive Officer, there are to be the following officers of the Federal Magistrates Court:

                     (a)  such Registrars as are necessary;

                     (b)  the Sheriff of the Federal Magistrates Court;

                     (c)  such Deputy Sheriffs as are necessary;

                     (d)  the Marshal of the Federal Magistrates Court;

                     (e)  such Deputy Marshals as are necessary;

                      (f)  such family consultants as are necessary.

             (2)  A person may be an officer of both the Federal Magistrates Court and the Federal Court.

             (3)  Subsection (2) has effect despite anything in this Act or the Federal Court of Australia Act 1976.

             (4)  A person may be an officer of both the Federal Magistrates Court and the Family Court.

             (5)  Subsection (4) has effect despite anything in this Act or the Family Law Act 1975.

             (6)  The officers of the Federal Magistrates Court, other than the Chief Executive Officer, have such duties, powers and functions as are given to them by:

                     (a)  this Act; or

                     (b)  the Rules of Court; or

                     (c)  the Federal Magistrates Court; or

                     (d)  the Chief Federal Magistrate.

             (7)  The officers of the Federal Magistrates Court are to be appointed by the Chief Executive Officer.

100  Arrangements relating to Commonwealth staff

                   The Chief Executive Officer may, on behalf of the Chief Federal Magistrate, arrange with:

                     (a)  an Agency Head (within the meaning of the Public Service Act 1999); or

                     (b)  an authority of the Commonwealth;

for the services of officer or employees of the Agency or authority to be made available for the purposes of the Federal Magistrates Court.

101  Registrars

                   The Registrars of the Federal Magistrates Court are to be persons engaged under the Public Service Act 1999.

102  Registrars’ powers

             (1)  The object of this section is to allow certain powers of the Federal Magistrates Court to be exercised by a Registrar.

             (2)  The following powers of the Federal Magistrates Court may, if the Federal Magistrates Court or a Federal Magistrate so directs, be exercised by a Registrar:

                     (a)  the power to dispense with the service of any process of the Federal Magistrates Court;

                     (b)  the power to make orders in relation to substituted service;

                     (c)  the power to make orders in relation to discovery, inspection and production of documents in the possession, power or custody of a party to proceedings in the Federal Magistrates Court or of any other person;

                     (d)  the power to make orders in relation to interrogatories;

                     (e)  the power, in proceedings in the Federal Magistrates Court, to make an order adjourning the hearing of the proceedings;

                      (f)  the power to make an order as to costs;

                     (g)  the power to make an order about security for costs;

                     (h)  the power to make an order exempting a party to proceedings in the Federal Magistrates Court from compliance with a provision of the Rules of Court;

                      (i)  a power of the Federal Magistrates Court prescribed by the Rules of Court;

                      (j)  the power, in family law or child support proceedings, to direct a party to the proceedings to answer particular questions;

                     (k)  the power to make orders under the following provisions of the Family Law Act 1975:

                              (i)  sections 11F and 11G;

                             (ii)  sections 13C and 13D;

                            (iii)  subsection 65LA(1);

                            (iv)  paragraph 70NEB(1)(a);

                   (ka)  the power to direct a family consultant to give a report under section 62G of the Family Law Act 1975;

                      (l)  the power, in family law or child support proceedings, to make:

                              (i)  an order under section 66Q, 67E, 77 or 90SG of the Family Law Act 1975; or

                             (ii)  an order for the payment of maintenance pending the disposal of the proceedings;

                    (m)  the power to make an order the terms of which have been agreed upon by all the parties to the proceedings;

                     (n)  the power to make orders (including an order for garnishment, seizure of property or sequestration) for the enforcement of maintenance orders under the Family Law Act 1975;

                     (o)  the power to make an order exempting a party to family law or child support proceedings from compliance with a provision of regulations under the Family Law Act 1975.

Costs

             (3)  A Registrar must not exercise the powers referred to in paragraph (2)(f) except in relation to costs of, or in connection with, an application heard by a Registrar.

Limitation on exercise of certain powers under the Family Law Act 1975

             (4)  Subsection 37A(2) of the Family Law Act 1975 applies to the exercise of a power by a Registrar under subsection (2) of this section in a corresponding way to the way in which it applies to a delegation under subsection 37A(1) of that Act.

             (5)  Subsection 37A(5) of the Family Law Act 1975 applies to the exercise of a power referred to in paragraph (2)(l) of this section in a corresponding way to the way in which it applies to the power referred to in paragraph 37A(1)(f) of that Act.

Application of laws

             (6)  The provisions of this Act, the Rules of Court and any other law of the Commonwealth that relate to the exercise by the Federal Magistrates Court of a power that is, because of subsection (2), exercisable by a Registrar, apply in relation to an exercise of the power by a Registrar under this section as if references in those provisions to the Federal Magistrates Court were references to the Registrar.

103  Delegation of powers to Registrars

             (1)  The Rules of Court may delegate to the Registrars any of the powers of the Federal Magistrates Court, including (but not limited to) all or any of the powers mentioned in subsection 102(2).

             (2)  A power delegated by Rules of Court under subsection (1), when exercised by a Registrar, is taken, for all purposes, to have been exercised by the Federal Magistrates Court or a Federal Magistrate, as the case requires.

             (3)  The delegation of a power by Rules of Court under subsection (1) does not prevent the exercise of the power by the Federal Magistrates Court or a Federal Magistrate.

Costs

             (4)  If the power referred to in paragraph 102(2)(f) is delegated under subsection (1) of this section, a Registrar must not exercise the power except in relation to costs of, or in connection with, an application heard by a Registrar.

Limitation on exercise of certain powers under the Family Law Act 1975

             (5)  Subsection 37A(2) of the Family Law Act 1975 applies to a delegation under subsection (1) of this section in a corresponding way to the way in which it applies to a delegation under subsection 37A(1) of that Act.

             (6)  Subsection 37A(5) of the Family Law Act 1975 applies to the delegation of a power referred to in paragraph 102(2)(l) of this Act in a corresponding way to the way in which it applies to the delegation of power referred to in paragraph 37A(1)(f) of that Act.

Application of laws

             (7)  The provisions of this Act, the Rules of Court and any other law of the Commonwealth that relate to the exercise by the Federal Magistrates Court of a power that is, because of a delegation under subsection (1), exercisable by a Registrar, apply in relation to an exercise of the power by a Registrar under the delegation as if references in those provisions to the Federal Magistrates Court were references to the Registrar.

104  Registrars—additional provisions

Registrars to act independently

             (1)  Despite any other provision of this Act and any provision of the Public Service Act 1999 or of any other law, a Registrar is not subject to the direction or control of any person or body in relation to the way in which he or she exercises powers under subsection 102(2) or under a delegation under subsection 103(1).

Review of the exercise of Registrars’ powers

             (2)  A party to proceedings in which a Registrar has exercised any of the powers of the Federal Magistrates Court under subsection 102(2) or under a delegation under subsection 103(1) may:

                     (a)  within the time prescribed by the Rules of Court; or

                     (b)  within any further time allowed in accordance with the Rules of Court;

apply to the Federal Magistrates Court for review of that exercise of power.

             (3)  The Federal Magistrates Court may, on application under subsection (2) or on its own initiative, review an exercise of power by a Registrar under subsection 102(2) or under a delegation under subsection 103(1), and may make any order or orders it thinks fit in relation to the matter in respect of which the power was exercised.

Referral to Court by Registrars

             (4)  If an application for the exercise of a power referred to in subsection 102(2) or under a delegation under subsection 103(1) is to be, or is being, heard by a Registrar, and:

                     (a)  the Registrar considers that it is not appropriate for the application to be determined by a Registrar acting under section 102 or under a delegation under subsection 103(1); or

                     (b)  an application is made to the Registrar to arrange for the first‑mentioned application to be determined by a Federal Magistrate;

he or she must not hear, or continue to hear, the application and must make appropriate arrangements for the application to be heard by a Federal Magistrate.

105  Registrars—oath or affirmation of office

             (1)  Before proceeding to discharge the duties of his or her office, a Registrar must take before a Federal Magistrate an oath or affirmation in accordance with the form set out in whichever of subsection (2) or (3) is applicable.

Oath

             (2)  This is the form of oath for the purposes of subsection (1):

                   I,               , do swear that I will well and truly serve in the office of Registrar of the Federal Magistrates Court and that I will do right to all manner of people according to law without fear or favour, affection or ill‑will. So help me God!

Affirmation

             (3)  This is the form of affirmation for the purposes of subsection (1):

                   I,               , do solemnly and sincerely promise and declare that I will well and truly serve in the office of Registrar of the Federal Magistrates Court and that I will do right to all manner of people according to law without fear or favour, affection or ill‑will.

106  The Sheriff of the Federal Magistrates Court

             (1)  The Sheriff of the Federal Magistrates Court is to be a person engaged under the Public Service Act 1999.

             (2)  The Sheriff of the Federal Magistrates Court is responsible for the service and execution of all process of the Federal Magistrates Court directed to the Sheriff.

             (3)  The Sheriff of the Federal Magistrates Court is also responsible for dealing, on behalf of the Federal Magistrates Court, with:

                     (a)  the Australian Federal Police; and

                     (b)  the police forces of the States and Territories;

in relation to the service and execution of process of the Federal Magistrates Court directed to members of any of those police forces.

107  Deputy Sheriffs

             (1)  An officer or employee of the Commonwealth, a State or a Territory may be appointed by the Chief Executive Officer as a Deputy Sheriff of the Federal Magistrates Court.

             (2)  A Deputy Sheriff may, subject to any directions of the Sheriff, exercise or perform any of the powers or functions of the Sheriff.

108  Authorised persons to assist the Sheriff or Deputy Sheriffs

                   The Sheriff or a Deputy Sheriff may authorise persons to assist him or her in the exercise of any of his or her powers or the performance of any of his or her functions.

109  The Marshal of the Federal Magistrates Court

             (1)  The Marshal of the Federal Magistrates Court is to be a person engaged under the Public Service Act 1999.

             (2)  The Marshal is responsible for:

                     (a)  the security of the Federal Magistrates Court; and

                     (b)  the personal security of the Federal Magistrates and officers and staff of the Federal Magistrates Court.

             (3)  The Marshal is also responsible for:

                     (a)  taking, receiving and detaining all persons committed to his or her custody by the Federal Magistrates Court; and

                     (b)  discharging such persons when so directed by the Federal Magistrates Court or otherwise required by law.

110  Deputy Marshals

             (1)  An officer or employee of the Commonwealth, a State or a Territory may be appointed by the Chief Executive Officer as a Deputy Marshal of the Federal Magistrates Court.

             (2)  A Deputy Marshal may, subject to any directions of the Marshal, exercise or perform any of the powers or functions of the Marshal.

111  Authorised persons to assist the Marshal or Deputy Marshals

                   The Marshal or a Deputy Marshal may authorise persons to assist him or her in the exercise of any of his or her powers or the performance of any of his or her functions.

111A  Family consultants

                   Family consultants who are officers of the Federal Magistrates Court are to be persons engaged under the Public Service Act 1999.

Note:          Family consultants who are not officers of the Federal Magistrates Court may be appointed under regulations made under the Family Law Act 1975. See paragraph 11B(b) of the Family Law Act 1975.

112  Staff of the Federal Magistrates Court

             (1)  There are to be such staff of the Federal Magistrates Court as are necessary.

             (2)  The staff of the Federal Magistrates Court is to consist of persons engaged under the Public Service Act 1999.

113  Actions by or against Sheriff or Marshal

             (1)  If the Sheriff or a Deputy Sheriff is a party to a proceeding in the Federal Magistrates Court:

                     (a)  all writs, summonses, orders, warrants, precepts, process and commands in the proceeding which should, in the ordinary course, be directed to the Sheriff must be directed to such disinterested person as the Federal Magistrates Court or a Federal Magistrate appoints; and

                     (b)  the person so appointed may execute and return them.

             (2)  If the Marshal or a Deputy Marshal is a party to a proceeding in the Federal Magistrates Court:

                     (a)  all writs, summonses, orders, warrants, precepts, process and commands in the proceeding which should, in the ordinary course, be directed to the Marshal must be directed to such disinterested person as the Federal Magistrates Court or a Federal Magistrate appoints; and

                     (b)  the person so appointed may execute and return them.

114  Receivers

             (1)  The Federal Magistrates Court may, at any stage of a proceeding, on such terms and conditions as the Federal Magistrates Court thinks fit, appoint a receiver by interlocutory order in any case in which it appears to the Federal Magistrates Court to be just or convenient so to do.

             (2)  A receiver of any property appointed by the Federal Magistrates Court may, without the previous leave of the Federal Magistrates Court, be sued in respect of an act or transaction done or entered into by him or her in carrying on the business connected with the property.

             (3)  When, in any cause pending in the Federal Magistrates Court, a receiver appointed by the Federal Magistrates Court is in possession of property, the receiver must manage and deal with the property:

                     (a)  according to the requirements of the laws of the State or Territory in which the property is situated; and

                     (b)  in the same manner as that in which the owner or possessor of the property would be bound to do if in possession of the property.


 

Division 5Miscellaneous administrative matters

115  Engagement of consultants etc.

             (1)  The Chief Executive Officer may engage persons having suitable qualifications and experience as consultants to, or to perform services for, the Federal Magistrates Court.

          (1A)  The Chief Executive Officer may engage persons to perform:

                     (a)  family counselling services under the Family Law Act 1975; or

                     (b)  family dispute resolution services under the Family Law Act 1975.

             (2)  An engagement under subsection (1) or (1A) is to be made:

                     (a)  on behalf of the Commonwealth; and

                     (b)  by written agreement.

116  Procedural information to be given to unrepresented parties

                   The Chief Executive Officer may give directions and issue guidelines to officers and staff of the Federal Magistrates Court in relation to the procedural information to be given to parties (and, in particular, unrepresented parties) in order to enable them to formulate and present their cases.

117  Annual report

             (1)  As soon as practicable after 30 June in each financial year, the Chief Federal Magistrate must prepare and give to the Minister a report of the management of the administrative affairs of the Federal Magistrates Court during the financial year.

             (2)  The report must include:

                     (a)  the financial statements required by section 49 of the Financial Management and Accountability Act 1997; and

                     (b)  an audit report on those statements under section 57 of the Financial Management and Accountability Act 1997.

             (3)  The Minister must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable.

117A  Delegation of the administrative powers of the Chief Federal Magistrate

                   The Chief Federal Magistrate may, in writing, delegate all or any of his or her powers under section 89 to any one or more of the Federal Magistrates.

118  Proceedings arising out of administration of the Federal Magistrates Court

                   Any judicial or other proceeding relating to a matter arising out of the management of the administrative affairs of the Federal Magistrates Court under this Part, including any proceeding relating to anything done by the Chief Executive Officer under this Part, may be instituted by or against the Commonwealth, as the case requires.


 

Part 8Miscellaneous

  

119  References in other laws to a Federal Magistrate

                   Unless the contrary intention appears, a reference in a law of the Commonwealth other than this Act to a Federal Magistrate includes a reference to the Chief Federal Magistrate.

Note:          For the interpretation of this Act, see section 5.

120  Regulations

             (1)  The Governor‑General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  The regulations may prescribe penalties, not exceeding 10 penalty units, for offences against the regulations.

             (3)  The regulations may make provision for or in relation to the following:

                     (a)  fees to be paid in respect of either or both of the following:

                              (i)  proceedings in the Federal Magistrates Court;

                             (ii)  the service or the execution of the process of the Federal Magistrates Court by officers of the Federal Magistrates Court;

                     (b)  exemptions from fees covered by paragraph (a);

                     (c)  the waiver, remission or refund of fees covered by paragraph (a).

             (4)  The regulations may make provision modifying or adapting provisions of the Legislative Instruments Act 2003 (other than the provisions of Part 5 of that Act or any other provisions whose modifications or adaptation would affect the operation of that Part) in their application to the Federal Magistrates Court.


Schedule 1Personnel provisions relating to Federal Magistrates

Note:       See section 9.

Part 1Appointment of Federal Magistrates

  

1  Appointment of Federal Magistrates

             (1)  A Federal Magistrate is to be appointed by the Governor‑General by commission.

             (2)  A person is not to be appointed as a Federal Magistrate unless he or she has been enrolled as a legal practitioner (however described) of:

                     (a)  the High Court; or

                     (b)  a Supreme Court of a State or Territory;

for at least 5 years.

             (3)  A person must not be appointed as a Federal Magistrate if he or she has attained the age of 70 years.

             (4)  The appointment of a Federal Magistrate is to be for a term expiring upon his or her attaining the age of 70 years.

             (5)  The Chief Federal Magistrate holds office on a full‑time basis.

             (6)  A Federal Magistrate (other than the Chief Federal Magistrate) holds office on a full‑time basis unless the Federal Magistrate’s commission of appointment specifies that the Federal Magistrate holds office on a part‑time basis.

             (7)  A reference in this clause to the appointment of a Federal Magistrate is to be read as including:

                     (a)  a reference to the appointment of a person who holds office as a Federal Magistrate (other than the Chief Federal Magistrate) to the office of Chief Federal Magistrate; and

                     (b)  a reference to the appointment of a person who holds office as Chief Federal Magistrate to an office of Federal Magistrate (other than the Chief Federal Magistrate); and

                     (c)  a reference to the appointment of a person who holds office as a Federal Magistrate on a part‑time basis to another office of Federal Magistrate on a full‑time basis; and

                     (d)  a reference to the appointment of a person who holds office as a Federal Magistrate on a full‑time basis to another office of Federal Magistrate on a part‑time basis.

Note:          Section 72 of the Constitution sets out requirements relating to the appointment and tenure of Federal Magistrates.

1A  Assignment of Federal Magistrates to Divisions

                   The Governor‑General may:

                     (a)  assign a Federal Magistrate (other than the Chief Federal Magistrate) to one of the Divisions either:

                              (i)  in the commission of appointment of the Federal Magistrate; or

                             (ii)  at a later time, with the consent of the Federal Magistrate; and

                     (b)  vary any such assignment, with the consent of the Federal Magistrate.

Note:          A Federal Magistrate (including the Chief Federal Magistrate) who is not assigned to either Division of the Federal Magistrates Court may exercise the powers of the Federal Magistrates Court in either Division (see subsection 12(3C)).

2  Style

Chief Federal Magistrate

             (1)  The Chief Federal Magistrate is to be styled “Chief Federal Magistrate (name)” or “(name) CFM”.

Other Federal Magistrates

             (2)  A Federal Magistrate (other than the Chief Federal Magistrate) is to be styled “Federal Magistrate (name)” or “(name) FM”.

3  Oath or affirmation of office

             (1)  Before proceeding to discharge the duties of his or her office, a Federal Magistrate must take an oath or affirmation in accordance with the form set out in whichever of subclause (3) or (4) is applicable.

             (2)  The oath or affirmation must be taken before:

                     (a)  the Governor‑General; or

                     (b)  a Justice of the High Court; or

                     (c)  a Judge of the Family Court; or

                     (d)  a Judge of the Federal Court; or

                     (e)  another Federal Magistrate.

Oath

             (3)  This is the form of oath for the purposes of subclause (1):

                   I,               , do swear that I will well and truly serve in the office of (Chief Federal Magistrate or Federal Magistrate, as the case requires) and that I will do right to all manner of people according to law without fear or favour, affection or ill‑will. So help me God!

Affirmation

             (4)  This is the form of affirmation for the purposes of subclause (1):

                   I,               , do solemnly and sincerely promise and declare that I will well and truly serve in the office of (Chief Federal Magistrate or Federal Magistrate, as the case requires) and that I will do right to all manner of people according to law without fear or favour, affection or ill‑will.


 

Part 2Terms and conditions of Federal Magistrates

Division 1Terms and conditions of serving Federal Magistrates

4  Outside work

             (1)  A Federal Magistrate must not engage in paid work outside the duties of the Federal Magistrate’s office if that work is incompatible with the holding of a judicial office under Chapter III of the Constitution.

             (2)  A Federal Magistrate must not:

                     (a)  engage in work as a legal practitioner; or

                     (b)  engage in work as an employee of, or consultant to, a legal practice.

             (3)  This clause does not, by implication, limit the application to a Federal Magistrate of any doctrine of constitutional incompatibility.

             (4)  In this clause:

paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).

5  Remuneration

             (1)  A Federal Magistrate is to be paid such remuneration as is determined by the Remuneration Tribunal.

             (2)  Subclause (1) has effect subject to the Remuneration Tribunal Act 1973.

             (3)  To avoid doubt, for the purposes of paragraph 7(5B)(a) of the Remuneration Tribunal Act 1973, a Federal Magistrate is the holder of an office of Justice of a federal court.

             (4)  In this clause:

remuneration has the same meaning as in Part II of the Remuneration Tribunal Act 1973.

Note 1:       Subsection 3(2) of the Remuneration Tribunal Act 1973 provides that a reference in Part II of that Act to remuneration is to be read as including a reference to annual allowances.

Note 2:       Under subsection 7(4) of the Remuneration Tribunal Act 1973, the Remuneration Tribunal may determine any matter significantly related to the remuneration of Federal Magistrates.

6  Leave

                   A Federal Magistrate has the recreation leave entitlements that are determined by the Remuneration Tribunal.

7  Resignation from office

             (1)  A Federal Magistrate may resign his or her office by writing under his or her hand delivered to the Governor‑General.

             (2)  The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.

8  Other terms and conditions

             (1)  A Federal Magistrate holds office on such terms and conditions (if any) in relation to matters not covered by this Act as are specified in a written determination made by the Governor‑General for the purposes of this subclause.

             (2)  The Minister must cause a copy of a determination under subclause (1) to be tabled in each House of the Parliament.

             (3)  Either House may, following a motion upon notice, pass a resolution disallowing the determination. To be effective, the resolution must be passed within 15 sittings days of the House after the copy of the determination was tabled in the House.

             (4)  If neither House passes such a resolution, the determination takes effect on the day immediately after the last day upon which such a resolution could have been passed.

9  Removal from office

                   A Federal Magistrate must not be removed from office except by the Governor‑General, on an address from both Houses of the Parliament in the same session, praying for his or her removal on the ground of proved misbehaviour or incapacity.

Division 2Disability and death benefits

9A  Certification of retired disabled Federal Magistrates

             (1)  If:

                     (a)  a Federal Magistrate retires; and

                     (b)  the Magistrate has not attained the age of 70 years;

the Minister may be requested to certify that the Magistrate is a retired disabled Federal Magistrate.

             (2)  On receiving the request, the Minister must:

                     (a)  if the Minister is satisfied that the retirement was due to permanent disability or infirmity—certify that the Magistrate is a retired disabled Federal Magistrate; or

                     (b)  otherwise—refuse to so certify.

             (3)  If the Minister refuses to so certify, application may be made to the Administrative Appeals Tribunal for review of the refusal.

9B  Pensions for retired disabled Federal Magistrates

             (1)  A retired disabled Federal Magistrate is entitled to a pension until:

                     (a)  he or she attains the age of 70 years; or

                     (b)  he or she dies;

whichever happens first.

Annual rate of pension

             (2)  The annual rate of the pension is 60% of the annual rate of salary the Magistrate would have been entitled to from time to time if he or she had not retired.

             (3)  However, the rate of the pension must be reduced by the amount of any pension or retiring allowance:

                     (a)  payable to the Magistrate, whether under a law or otherwise, out of money provided in whole or in part by the Commonwealth, a State or a Territory (other than a Commonwealth superannuation contribution the Magistrate was entitled to under a determination under subclause 8(1)); and

                     (b)  payable to the Magistrate by reason of prior judicial service, or prior judicial service and any other service.

             (4)  For the purposes of subclause (2), the annual rate of salary is the annual rate of remuneration determined under clause 5:

                     (a)  excluding any allowances that are paid in lieu of any other entitlement; and

                     (b)  if any arrangements have been entered into for any amount of the annual rate of remuneration (other than an allowance covered by paragraph (a)) to be provided in the form of another benefit—including that amount.

When pension is due and payable

             (5)  The pension is due daily, but is payable on the days on which salary payments are made to Federal Magistrates.

Safety, Rehabilitation and Compensation Act 1988

             (6)  For the purposes of Division 3 of Part II of the Safety, Rehabilitation and Compensation Act 1988:

                     (a)  the pension is taken to be a pension payable to the Magistrate under a superannuation scheme; and

                     (b)  the Magistrate is not required to pay superannuation contributions to that scheme.

9C  Superannuation for retired disabled Federal Magistrates

             (1)  A retired disabled Federal Magistrate who has not attained the age of 65 years is entitled to a Commonwealth superannuation contribution until:

                     (a)  he or she attains the age of 65 years; or

                     (b)  he or she dies;

whichever happens first.

             (2)  The amount of the Commonwealth superannuation contribution is the amount of the Commonwealth superannuation contribution (if any) the Magistrate would have been entitled to from time to time, under a determination under subclause 8(1), if he or she had not retired.

             (3)  The Commonwealth superannuation contribution is to be made by payments on the days on which salary payments are made to Federal Magistrates.

9D  Death benefits

             (1)  A payment is payable under this section if:

                     (a)  a Federal Magistrate, or a retired disabled Federal Magistrate, who has not attained the age of 65 years dies; and

                     (b)  the Magistrate leaves one or more eligible spouses or eligible children.

Amount

             (2)  The amount of the payment is the amount of the Commonwealth superannuation contribution (if any) the Magistrate would have been entitled to, under a determination under subclause 8(1), during the period in subclause (3) if:

                     (a)  the Magistrate had neither died nor retired before the end of that period; and

                     (b)  the amount of the Commonwealth superannuation contribution the Magistrate was entitled to under that determination did not change during that period.

             (3)  The period in this subclause is the period:

                     (a)  beginning on the day on which the Magistrate died; and

                     (b)  ending on the day on which the Magistrate would have attained the age of 65 years.

Beneficiaries

             (4)  The beneficiaries in respect of the payment are each eligible spouse and eligible child the Magistrate leaves.

             (5)  If there is only one beneficiary in respect of the payment, the payment is payable to the beneficiary.

             (6)  If there is more than one beneficiary in respect of the payment, the payment is payable to the beneficiaries in the proportions (totalling 100% of the amount of the payment) the Minister considers appropriate, having regard to the respective circumstances of each beneficiary.

Note:          For review of decisions under subclause (6), see subclause (10).

Beneficiaries—eligible children

             (7)  If the payment (or a proportion of the payment) is payable to an eligible child, the Minister may, in writing, direct that:

                     (a)  some or all of the payment or proportion be paid to a specified person for the benefit of the child (including for the support or education of the child); or

                     (b)  if the Minister is satisfied that, by reason of special circumstances, it is desirable to do so in the interests of the child—some or all of the payment or proportion be spent in a specified manner for the benefit of the child.

Note:          For review of decisions under subclause (7), see subclause (10).

             (8)  The Minister may be requested to give a direction under subclause (7) in respect of an eligible child.

             (9)  On receiving an application, the Minister must:

                     (a)  if he or she is satisfied that he or she should make a direction in respect of the child—give such a direction; or

                     (b)  if he or she is not so satisfied—refuse to give such a direction.

Note:          For review of decisions under paragraph (9)(b), see subclause (10).

Applications for review

           (10)  Application may be made to the Administrative Appeals Tribunal for review of the following:

                     (a)  a decision by the Minister under subclause (6);

                     (b)  a direction by the Minister under subclause (7);

                     (c)  a refusal by the Minister under paragraph (9)(b) to give a direction.

9E  Relationship definitions

Meaning of eligible spouse

             (1)  For the purposes of this Act, subclauses (2), (3) and (4) set out the 3 circumstances in which a person is an eligible spouse of a Federal Magistrate, or a retired disabled Federal Magistrate, who dies.

             (2)  A person is an eligible spouse of a Federal Magistrate who dies if the person had a marital or couple relationship with the Magistrate at the time of the death of the Magistrate.

             (3)  A person is an eligible spouse of a retired disabled Federal Magistrate who dies if:

                     (a)  the person had a marital or couple relationship with the Magistrate at the time of the Magistrate’s death; and

                     (b)  the marital or couple relationship began:

                              (i)  before the Magistrate retired; or

                             (ii)  before the Magistrate attained the age of 60 years.

             (4)  A person is an eligible spouse of a Federal Magistrate, or a retired disabled Federal Magistrate, who dies if:

                     (a)  the person had previously had a marital or couple relationship with the Magistrate; and

                     (b)  the person did not, at the time of the Magistrate’s death, have a marital or couple relationship with the Magistrate but was legally married to him or her; and

                     (c)  in the Minister’s opinion, the person was wholly or substantially dependent upon the Magistrate at the time of the Magistrate’s death; and

                     (d)  in the case of a marital or couple relationship that began after the Magistrate retired—the marital or couple relationship began before the Magistrate attained the age of 60 years.

Note:          For review of decisions under paragraph (4)(c), see subclause (9).

Meaning of marital or couple relationship

             (5)  For the purposes of this Act, a person had a marital or couple relationship with another person at a particular time if:

                     (a)  the person had been living with the other person as the other person’s husband or wife or partner for a continuous period of at least 3 years up to that time; or

                     (b)  both:

                              (i)  the person had been living with the other person as the other person’s husband or wife or partner for a continuous period of less than 3 years up to that time; and

                             (ii)  the Minister, having regard to any relevant evidence, is of the opinion that the person ordinarily lived with the other person as the other person’s husband or wife or partner on a permanent and bona fide domestic basis at that time;

whether or not the person was legally married to the other person.

Note 1:       Subclause (7) lists some of the evidence relevant to subparagraph (5)(b)(ii).

Note 2:       For review of decisions under subparagraph (5)(b)(ii), see subclause (9).

             (6)  For the purposes of this Act, a marital or couple relationship is taken to have begun at the beginning of the continuous period mentioned in paragraph (5)(a) or subparagraph (5)(b)(i).

             (7)  For the purpose of subparagraph (5)(b)(ii), relevant evidence includes, but is not limited to, evidence establishing any of the following:

                     (a)  that the person was wholly or substantially dependent on that other person at the time;

                     (b)  that the persons were legally married to each other at the time;

                   (ba)  the persons’ relationship was registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section;

                     (c)  that the persons had a child who was:

                              (i)  born of the relationship between the persons; or

                             (ii)  adopted by the persons during the period of the relationship; or

                            (iii)  a child of both of the persons within the meaning of the Family Law Act 1975;

                     (d)  that the persons jointly owned a home which was their usual residence.

Meaning of living with a person

             (8)  For the purposes of this Act, a person is taken to be living with another person if the Minister is satisfied that the person would have been living with that other person except for a period of:

                     (a)  temporary absence; or

                     (b)  absence because of special circumstances (for example, absence because of the person’s illness or infirmity).

Note:          For review of decisions under subclause (8), see subclause (9).

Applications for review

             (9)  Application may be made to the Administrative Appeals Tribunal for review of a decision by the Minister under paragraph (4)(c), subparagraph (5)(b)(ii) or subclause (8).

9F  Meaning of eligible child

             (1)  For the purposes of this Act, a person is an eligible child of a Federal Magistrate, or a retired disabled Federal Magistrate, who dies if:

                     (a)  the person:

                              (i)  has not attained the age of 16 years; or

                             (ii)  has not attained the age of 25 years and is receiving full‑time education at a school, college or university; and

                     (b)  one of the following applies:

                              (i)  the person is a child or adopted child of the Magistrate;

                            (ia)  the person is a child of the Magistrate within the meaning of the Family Law Act 1975;

                             (ii)  in the Minister’s opinion, the person was wholly or substantially dependent on the Magistrate at the time of the Magistrate’s death;

                            (iii)  in the Minister’s opinion, the person would have been wholly or substantially dependent on the Magistrate but for the Magistrate’s death.

             (2)  Application may be made to the Administrative Appeals Tribunal for review of a decision by the Minister under subparagraph (1)(b)(ii) or (iii).

9G  Appropriation

                   The following are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly:

                     (a)  pensions under clause 9B;

                     (b)  Commonwealth superannuation contributions under clause 9C;

                     (c)  payments under clause 9D.

Division 3Remuneration of a Federal Magistrate not to be diminished

9H  Remuneration of a Federal Magistrate not to be diminished

             (1)  The remuneration of a Federal Magistrate is not to be diminished during his or her continuance in office.

             (2)  In subclause (1):

diminished has the same meaning as in paragraph 72(iii) of the Constitution.

remuneration has the same meaning as in paragraph 72(iii) of the Constitution.


 

Part 3Acting Chief Federal Magistrate

  

10  Acting Chief Federal Magistrate

             (1)  The Minister may appoint a Federal Magistrate to act as Chief Federal Magistrate:

                     (a)  during a vacancy in the office of Chief Federal Magistrate; or

                     (b)  during any period, or all periods, when the Chief Federal Magistrate is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

Note:          For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

             (3)  For the purposes of this Act, a person who is acting as Chief Federal Magistrate under subclause (1) is taken not to be assigned to either Division of the Federal Magistrates Court.

Note:          A Federal Magistrate who is not assigned to either Division of the Federal Magistrates Court may exercise the powers of the Federal Magistrates Court in either Division (see subsection 12(3C)).


 

Schedule 2Personnel provisions relating to the Chief Executive Officer of the Federal Magistrates Court

Note:       See section 95.

  

  

1  Appointment of Chief Executive Officer

             (1)  The Chief Executive Officer is to be appointed by the Governor‑General.

             (2)  The Chief Executive Officer holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

2  Disclosure of interests

                   The Chief Executive Officer must give written notice to the Chief Federal Magistrate of all direct or indirect pecuniary interests that the Chief Executive Officer has or acquires in any business or in any body corporate carrying on a business.

3  Outside employment

                   The Chief Executive Officer must not engage in paid employment outside the duties of the Chief Executive Officer’s office without the Chief Federal Magistrate’s approval.

4  Remuneration

             (1)  The Chief Executive Officer is to be paid such remuneration as is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Chief Executive Officer is to be paid such remuneration as is prescribed.

             (2)  The Chief Executive Officer is to be paid such allowances as are prescribed.

             (3)  This clause has effect subject to the Remuneration Tribunal Act 1973.

             (4)  In this clause:

remuneration has the same meaning as in Part II of the Remuneration Tribunal Act 1973.

Note 1:       Subsection 3(2) of the Remuneration Tribunal Act 1973 provides that a reference in Part II of that Act to remuneration is to be read as including a reference to annual allowances.

Note 2:       Under subsection 7(4) of the Remuneration Tribunal Act 1973, the Remuneration Tribunal may determine any matter significantly related to the remuneration of the Chief Executive Officer.

5  Leave

             (1)  The Chief Executive Officer has the recreation leave entitlements that are determined by the Remuneration Tribunal.

             (2)  The Chief Federal Magistrate may grant the Chief Executive Officer leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise, that the Chief Federal Magistrate determines in writing.

6  Resignation

             (1)  A Chief Executive Officer may resign his or her appointment by giving the Governor‑General a written resignation.

             (2)  The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.

7  Termination of appointment

             (1)  The Governor‑General may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity.

             (2)  The Governor‑General may terminate the appointment of the Chief Executive Officer if:

                     (a)  the Chief Executive Officer:

                              (i)  becomes bankrupt; or

                             (ii)  applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of his or her creditors; or

                     (b)  the Chief Executive Officer is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

                     (c)  the Chief Executive Officer engages, except with the Chief Federal Magistrate’s approval, in paid employment outside the duties of his or her office; or

                     (d)  the Chief Executive Officer fails, without reasonable excuse, to comply with clause 2.

8  Other terms and conditions

                   The Chief Executive Officer holds office on such terms and conditions (if any) in relation to matters not covered by this Act as are determined by the Chief Federal Magistrate.

9  Acting Chief Executive Officer

                   The Chief Federal Magistrate may appoint a person to act as Chief Executive Officer:

                     (a)  during a vacancy in the office of Chief Executive Officer; or

                     (b)  during any period, or all periods, when the Chief Executive Officer is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

Note:          For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.


Notes to the Federal Magistrates Act 1999

Note 1

The Federal Magistrates Act 1999 as shown in this compilation comprises Act No. 193, 1999 amended as indicated in the Tables below.

The Federal Magistrates Act 1999 was amended by the Public Employment (Consequential and Transitional) Regulations 1999 (Statutory Rules 1999 No. 301 as amended by Statutory Rules 2000 No. 332). The amendments are incorporated in this compilation.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Federal Magistrates Act 1999

193, 1999

23 Dec 1999

23 Dec 1999

 

Public Employment (Consequential and Transitional) Amendment Act 1999

146, 1999

11 Nov 1999

Schedule 1 (items 472–479): (a)

as amended by

 

 

 

 

Statute Law Revision Act 2002

63, 2002

3 July 2002

S. 4: Royal Assent Schedule 2 (item 23): (aa)

S. 4

Family Law Amendment Act 2000

143, 2000

29 Nov 2000

Schedule 3 (item 117): Royal Assent (b)
Schedule 3 (items 118, 119): 27 Dec 2000 (b)

Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003

140, 2003

17 Dec 2003

S. 4 and Schedule 1 (items 25, 26): (c)

S. 4

Migration Litigation Reform Act 2005

137, 2005

15 Nov 2005

Schedule 1 (items 8, 40, 42, 44): 1 Dec 2005 (see F2005L03684)
Schedule 2 (items 1–21): Royal Assent

Sch. 1 (items 40, 42, 44) and Sch. 2 (item 21)

Family Law Amendment (Shared Parental Responsibility) Act 2006

46, 2006

22 May 2006

Schedule 4 (items 87–113): 1 July 2006

Statute Law Revision Act 2007

8, 2007

15 Mar 2007

Schedule 1 (items 11, 12): (d)

Federal Magistrates Amendment (Disability and Death Benefits) Act 2007

163, 2007

25 Sept 2007

26 Sept 2007

Sch. 1 (item 16)

Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008

115, 2008

21 Nov 2008

Schedule 2 (item 32): 1 Mar 2009

Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008

134, 2008

4 Dec 2008

S. 4: Royal Assent
Schedule 2 (items
2–12): 1 Jan 2009

S. 4 and Sch. 2 (item 12)

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

55, 2009

25 June 2009

Schedule 17 (items 10–17, 20): 1 July 2009 (see s. 2(1))

Sch. 17 (item 20)

Access to Justice (Civil Litigation Reforms) Amendment Act 2009

117, 2009

4 Dec 2009

Schedule 3 (items 11–14(1)): 1 Jan 2010

Sch. 3 (item 14(1))

Trans‑Tasman Proceedings (Transitional and Consequential Provisions) Act 2010

36, 2010

13 Apr 2010

Schedule 2 (items 17–20): [see s. 2(1) and Note 2]

Acts Interpretation Amendment Act 2011

46, 2011

27 June 2011

Schedule 2 (items 598–603) and Schedule 3 (items 10, 11): 27 Dec 2011

Sch. 3 (items 10, 11)

Parliamentary Counsel and Other Legislation Amendment Act 2012

107, 2012

22 July 2012

Schedule 2 (item 10): 1 Oct 2012 (see F2012L01963)

Federal Circuit Court of Australia Legislation Amendment Act 2012

165, 2012

28 Nov 2012

Schedule 1 (items 1–402): [see Note 3]

Access to Justice (Federal Jurisdiction) Amendment Act 2012

186, 2012

11 Dec 2012

Schedule 2 (items 6, 7, 11, 12(3), (4)): 12 Dec 2012
Schedule 3 (items 9, 11, 12(3), (4)): [see Note 4 and Table A]

Sch. 2 (items 11, 12(3), (4)) and Sch. 3 (items 11, 12(3), (4))


(a)     The Federal Magistrates Act 1999 was amended by Schedule 1 (items 472–479) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsection 2(3) of which provides as follows:

                 (3)   If:

                              (a)   an item (the amending item) of a Schedule to this Act is expressed to amend another Act (the amended Act); and

                              (b)   the whole of the amended Act is expressed to commence at one time; and

                              (c)   at the time when the Public Service Act 1999 commences, the amended Act:

                                     (i)   has not yet been enacted; or

                                    (ii)   has been enacted but has not yet commenced;

                         then the amending item commences immediately after the commencement of the amended Act.

(aa)   Subsection 2(1) (item 52) of the Statute Law Revision Act 2002 provides as follows:

                 (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

52.  Schedule 2, item 23

Immediately after the time specified in the Public Employment (Consequential and Transitional) Amendment Act 1999 for the commencement of item 472 of Schedule 1 to that Act

23 December 1999

(b)     The Federal Magistrates Act 1999 was amended by Schedule 3 (items 117–119) only of the Family Law Amendment Act 2000, subsections 2(1) and (1A) of which provide as follows:

                 (1)   Subject to subsections (1A) and (2), this Act commences 28 days after the day on which it receives the Royal Assent.

               (1A)   Items 31A and 117 of Schedule 3 commence on the day on which this Act receives the Royal Assent.

(c)     Subsection 2(1) (items 2 and 3) of the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 provides as follows:

                 (1)   Each provision of this Act specified in column 1 of the table commences on the day or at the time specified in column 2 of the table.

 

Provision(s)

Commencement

Date/Details

2.  Sections 4 and 5

Immediately after the commencement of sections 3 to 62 of the Legislative Instruments Act 2003

1 January 2005

3.  Schedule 1

Immediately after the commencement of sections 3 to 62 of the Legislative Instruments Act 2003

1 January 2005

(d)     Subsection 2(1) (item 9) of the Statute Law Revision Act 2007 provides as follows:

                 (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Provision(s)

Commencement

Date/Details

9.  Schedule 1, items 11 and 12

Immediately after the commencement of item 106 of Schedule 4 to the Family Law Amendment (Shared Parental Responsibility) Act 2006

1 July 2006


Table of Amendments

ad. = added or inserted     am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Part 1

 

S. 4......................................

am. No. 137, 2005; No. 46, 2006; No. 55, 2009

S. 5......................................

am. No. 46, 2006; No. 163, 2007; No. 134, 2008; No. 55, 2009

S. 5A...................................

ad. No. 163, 2007

Part 3

 

S. 10A.................................

ad. No. 55, 2009

Subhead. to s. 12(1)..........

ad. No. 55, 2009

Subhead. to s. 12(4)..........

ad. No. 55, 2009

Subhead. to s. 12(7)..........

ad. No. 55, 2009

S. 12....................................

am. Nos. 55 and 117, 2009

S. 17A.................................

ad. No. 137, 2005

S. 19....................................

am. No. 143, 2000

Part 4

 

Heading to Part 4..............

rs. No. 46, 2006

S. 20A.................................

ad. No. 46, 2006

Heading to s. 21................

am. No. 46, 2006

S. 21....................................

am. No. 46, 2006

Heading to s. 22................

am. No. 46, 2006

S. 22....................................

am. No. 46, 2006

Heading to s. 23................

am. No. 46, 2006

S. 23....................................

am. No. 46, 2006

Note to s. 23.......................

am. No. 46, 2006

Heading to s. 24................

am. No. 46, 2006

S. 24....................................

am. No. 46, 2006

Heading to s. 25................

am. No. 46, 2006

S. 25....................................

am. No. 46, 2006

Heading to s. 27................

am. No. 46, 2006

S. 27....................................

am. No. 46, 2006

Heading to s. 28................

am. No. 46, 2006

S. 28....................................

am. No. 46, 2006

Heading to s. 29................

am. No. 46, 2006

S. 29....................................

am. No. 46, 2006

Heading to s. 30................

am. No. 46, 2006

S. 30....................................

am. No. 46, 2006

Heading to s. 31................

am. No. 46, 2006

Part 6

 

Division 4

 

S. 61....................................

rep. No. 186, 2012

Note to s. 65(3)..................

am. No. 143, 2000

Division 6

 

Note to s. 78(1)..................

am. No. 143, 2000

Division 7

 

S. 79....................................

am. No. 55, 2009

Note to s. 79(1)..................

am. No. 55, 2009

Division 8

 

S. 81....................................

am. No. 140, 2003; No. 107, 2012

S. 87....................................

am. No. 46, 2006

Part 6A

 

Part 6A................................

ad. No. 186, 2012

Division 1

 

S. 88A.................................

ad. No. 186, 2012

S. 88B.................................

ad. No. 186, 2012

S. 88C.................................

ad. No. 186, 2012

S. 88D.................................

ad. No. 186, 2012

Division 2

 

S. 88E.................................

ad. No. 186, 2012

S. 88F.................................

ad. No. 186, 2012

S. 88G.................................

ad. No. 186, 2012

S. 88H.................................

ad. No. 186, 2012

S. 88J..................................

ad. No. 186, 2012

S. 88K.................................

ad. No. 186, 2012

S. 88L..................................

ad. No. 186, 2012

S. 88M.................................

ad. No. 186, 2012

Part 7

 

Division 1

 

Ss. 89–93............................

am. No. 137, 2005

Division 1A

 

Div. 1A of Part 7.................

ad. No. 46, 2006

Ss. 93A–93C.......................

ad. No. 46, 2006

S. 93D.................................

ad. No. 46, 2006

 

am. No. 8, 2007

Division 2

 

S. 96....................................

am. No. 137, 2005

S. 97....................................

am. Statutory Rules 1999 No. 301 (as am. by Statutory Rules 2000 No. 332)

Division 4

 

S. 99....................................

am. No. 137, 2005; No. 46, 2006

S. 100..................................

rs. Statutory Rules 1999 No. 301 (as am. by Statutory Rules 2000 No. 332)

 

am. No. 137, 2005

S. 101..................................

am. Statutory Rules 1999 No. 301 (as am. by Statutory Rules 2000 No. 332)

S. 102..................................

am. No. 46, 2006; No. 115, 2008

S. 104..................................

am. Statutory Rules 1999 No. 301 (as am. by Statutory Rules 2000 No. 332)

S. 106..................................

am. Statutory Rules 1999 No. 301 (as am. by Statutory Rules 2000 No. 332)

S. 109..................................

am. Statutory Rules 1999 No. 301 (as am. by Statutory Rules 2000 No. 332)

S. 111A...............................

ad. No. 46, 2006

S. 112..................................

am. Statutory Rules 1999 No. 301 (as am. by Statutory Rules 2000 No. 332)

S. 115..................................

am. No. 46, 2006

Division 5

 

S. 117A...............................

ad. No. 137, 2005

Part 8

 

S. 120..................................

am. No. 140, 2003

Schedule 1

 

Part 1

 

Heading to Part 1..............
of Sch. 1

ad. No. 163, 2007

C. 1A...................................

ad. No. 55, 2009

Part 2

 

Heading to Part 2..............
of Sch. 1

ad. No. 163, 2007

Division 1

 

Heading to Div. 1 of Part 2........................................

ad. No. 163, 2007

Division 2

 

Div. 2 of Part 2...................

ad. No. 163, 2007

Cc. 9A–9D..........................

ad. No. 163, 2007

Subhead. to c. 9E(5)..........

rs. No. 134, 2008

C. 9E...................................

ad. No. 163, 2007

 

am. No. 134, 2008; No. 46, 2011

C. 9F...................................

ad. No. 163, 2007

 

am. No. 134, 2008

C. 9G..................................

ad. No. 163, 2007

Division 3

 

Div. 3 of Part 2...................

ad. No. 163, 2007

C. 9H...................................

ad. No. 163, 2007

Part 3

 

Heading to Part 3..............
of Sch. 1

ad. No. 163, 2007

C. 10...................................

am. No. 55, 2009; No. 46, 2011

Note to c. 10(1)..................

rs. No. 46, 2011

C. 11...................................

rep. No. 163, 2007

Schedule 2

 

C. 5.....................................

am. No. 146, 1999

C. 9.....................................

am. No. 46, 2011

Note to c. 9.........................

rs. No. 46, 2011


Note 2

Trans‑Tasman Proceedings (Transitional and Consequential Provisions) Act 2010 (No. 36, 2010)

The following amendments commence at the same time as section 3 of the Trans‑Tasman Proceedings Act 2010:

Schedule 2

17  Subsection 66(5) (note)

Repeal the note, substitute:

Note:          See Part 6 of the Trans‑Tasman Proceedings Act 2010.

18  Subsection 67(3) (note)

Repeal the note, substitute:

Note:          See Part 6 of the Trans‑Tasman Proceedings Act 2010.

19  Subsection 68(3) (note)

Repeal the note, substitute:

Note:          See Part 6 of the Trans‑Tasman Proceedings Act 2010.

20  Section 73

Omit “the Evidence and Procedure (New Zealand) Act 1994”, substitute “the Trans‑Tasman Proceedings Act 2010”.

As at 16 January 2013 the amendments are not incorporated in this compilation.

Note 3

Federal Circuit Court of Australia Legislation Amendment Act 2012
(No.  165, 2012)

The following amendments commence on 28 May 2013 unless proclaimed earlier:

Schedule 1

1  Title

Omit “Federal Magistrates”, substitute “the Federal Circuit Court of Australia”.

2  Section 1

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

Note:       This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901).

3  Subsection 2(1)

Omit “(1)”.

4  Subsection 2(2)

Repeal the subsection.

5  Subsection 3(1)

Omit “create the Federal Magistrates Court under Chapter III of the Constitution”, substitute “continue in existence the Federal Magistrates Court created under Chapter III of the Constitution as the Federal Circuit Court of Australia”.

6  Paragraphs 3(2)(a) and (b)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

7  Section 4

Repeal the section, substitute:

4  Simplified outline

                   The following is a simplified outline of this Act:

•      The federal court known immediately before the commencement day as the Federal Magistrates Court is continued in existence as the Federal Circuit Court of Australia.

•      The Federal Circuit Court of Australia consists of a Chief Judge and other Judges.

•      Jurisdiction is conferred on the Federal Circuit Court of Australia by other laws of the Commonwealth.

•      Jurisdiction is to be exercised in the General Division or the Fair Work Division of the Federal Circuit Court of Australia.

•      The Federal Circuit Court of Australia is to promote the use of dispute resolution processes that are likely to assist people to resolve disputes away from the courts.

•      Proceedings in the Federal Circuit Court of Australia may be transferred to the Federal Court or the Family Court.

•      Provision is made for the practice and procedure of the Federal Circuit Court of Australia. The Court will be able to use streamlined procedures and operate without undue formality.

•      The Chief Judge is to manage the administrative affairs of the Federal Circuit Court of Australia.

•      There is to be a Chief Executive Officer, who is to assist the Chief Judge in managing the administrative affairs of the Federal Circuit Court of Australia.

•      In addition to the Chief Executive Officer, there are to be Registrars and other officers of the Federal Circuit Court of Australia.

•      Officers of the Federal Circuit Court of Australia may hold dual appointments as officers of the Federal Court or the Family Court.

•      Arrangements may be made for the Federal Circuit Court of Australia to share facilities with other courts.

8  Section 5 (definition of Chief Executive Officer)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

9  Section 5

Insert:

commencement day means the day on which Schedules 1 and 2 to the Federal Circuit Court of Australia Legislation Amendment Act 2012 commenced.

10  Section 5 (definition of Commonwealth superannuation contribution)

Omit “Federal Magistrate or retired disabled Federal Magistrate”, substitute “Judge or retired disabled Judge”.

11  Section 5 (definition of Commonwealth superannuation contribution)

Omit “Magistrate’s”, substitute “Judge’s”.

12  Section 5 (definition of Division)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

13  Section 5 (definition of Federal Magistrate)

Repeal the definition.

14  Section 5

Insert:

Judge:

                     (a)  means a Judge (including the Chief Judge) who holds office under this Act; and

                     (b)  when used in the expression the Federal Circuit Court of Australia or a Judge, means a Judge sitting in Chambers.

15  Section 5 (definition of prior judicial service)

Omit “Federal Magistrate, means service, prior to the Magistrate’s appointment as a Federal Magistrate”, substitute “Judge, means service, prior to the Judge’s appointment as a Judge”.

16  Section 5 (paragraph (c) of the definition of prior judicial service)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

17  Section 5 (note at the end of the definition of prior judicial service)

Omit “Magistrate was appointed as a Federal Magistrate”, substitute “Judge was appointed as a Judge”.

18  Section 5 (definition of Registrar)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

19  Section 5 (definition of retired disabled Federal Magistrate)

Repeal the definition.

20  Section 5

Insert:

retired disabled Judge means a person certified by the Minister to be a retired disabled Judge under paragraph 9A(2)(a) of Schedule 1.

21  Section 5 (definition of retires)

Omit “Federal Magistrate” (wherever occurring), substitute “Judge”.

22  Section 5A

Repeal the section, substitute:

5A  Prior judicial service

                   For the purposes of the definition of prior judicial service, if a retired disabled Judge was appointed as a Judge more than once, the reference to the Judge’s appointment as a Judge is taken to be a reference to the Judge’s most recent appointment as a Judge.

23  Part 2 (heading)

Repeal the heading, substitute:

Part 2Federal Circuit Court of Australia

24  Section 8 (heading)

Repeal the heading, substitute:

8  Federal Circuit Court of Australia

25  Subsection 8(1)

Repeal the subsection, substitute:

             (1)  The federal court known immediately before the commencement day as the Federal Magistrates Court is continued in existence as the Federal Circuit Court of Australia.

26  Subsection 8(2)

Repeal the subsection.

27  Subsection 8(3)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

28  Subsection 8(4)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

29  Subsection 8(4)

Omit “justices”.

30  Paragraph 8(4)(a)

Omit “Chief Federal Magistrate”, substitute “Chief Judge”.

31  Paragraph 8(4)(b)

Omit “Federal Magistrates”, substitute “Judges”.

32  At the end of section 8 (before the note)

Add:

             (5)  The person holding office as the Chief Federal Magistrate under this Act immediately before the commencement day continues to hold that office under the title of Chief Judge of the Federal Circuit Court of Australia.

             (6)  A person holding office as a Federal Magistrate (other than Chief Federal Magistrate) under this Act immediately before the commencement day continues to hold that office under the title of Judge of the Federal Circuit Court of Australia.

33  Section 9 (heading)

Repeal the heading, substitute:

9  Personnel provisions relating to Judges

34  Part 3 (heading)

Repeal the heading, substitute:

Part 3Jurisdiction of the Federal Circuit Court of Australia

35  Section 10

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

36  Section 10A (heading)

Repeal the heading, substitute:

10A  General and Fair Work Divisions of the Federal Circuit Court of Australia

37  Subsections 10A(1), (2) and (3)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

38  Subsection 10A(3) (note)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

39  Subsection 10A(4)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

40  Subsection 10A(5)

Omit “Federal Magistrate”, substitute “Judge”.

41  Section 11 (heading)

Repeal the heading, substitute:

11  Exercise of jurisdiction by single Judge

42  Subsection 11(1)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

43  Subsection 11(1)

Omit “Federal Magistrate”, substitute “Judge”.

44  Subsection 11(2)

Repeal the subsection, substitute:

             (2)  The Federal Circuit Court of Australia constituted by a Judge may sit and exercise the jurisdiction of the Federal Circuit Court of Australia even if the Federal Circuit Court of Australia constituted by another Judge is at the same time sitting and exercising the jurisdiction of the Federal Circuit Court of Australia.

45  Section 12 (heading)

Repeal the heading, substitute:

12  Arrangement of business of the Federal Circuit Court of Australia

46  Subsection 12(1) (heading)

Repeal the heading, substitute:

Responsibility of Chief Judge

47  Subsection 12(1)

Omit “Chief Federal Magistrate”, substitute “Chief Judge”.

48  Subsection 12(1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

49  Subsection 12(2)

Omit “Chief Federal Magistrate”, substitute “Chief Judge”.

50  Subsection 12(3)

Omit “Chief Federal Magistrate”, substitute “Chief Judge”.

51  Paragraph 12(3)(a)

Omit “with Federal Magistrates”, substitute “with Judges”.

52  Subparagraph 12(3)(a)(i)

Omit “Federal Magistrate”, substitute “Judge”.

53  Subparagraph 12(3)(a)(i)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

54  Subparagraph 12(3)(a)(ii)

Omit “Federal Magistrates”, substitute “Judges”.

55  Subparagraph 12(3)(a)(iii)

Omit “Federal Magistrate”, substitute “Judge”.

56  Paragraph 12(3)(b)

Omit “Federal Magistrates”, substitute “Judges”.

57  Subsection 12(3A) (heading)

Repeal the heading, substitute:

Exercise of powers of General and Fair Work Divisions of the Federal Circuit Court of Australia

58  Subsection 12(3A)

Omit “Federal Magistrate”, substitute “Judge”.

59  Subsection 12(3A)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

60  Subsection 12(3B)

Omit “Chief Federal Magistrate” (first occurring), substitute “Chief Judge”.

61  Subsection 12(3B)

Omit “a Federal Magistrate”, substitute “a Judge”.

62  Subsection 12(3B)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

63  Subsection 12(3B)

Omit “Chief Federal Magistrate” (last occurring), substitute “Chief Judge”.

64  Subsection 12(3C)

Omit “Federal Magistrate”, substitute “Judge”.

65  Subsection 12(3C)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

66  Subsection 12(3D)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

67  Subsection 12(4) (heading)

Repeal the heading, substitute:

Assignment of Judges to locations or registries

68  Subsection 12(4)

Omit “Chief Federal Magistrate”, substitute “Chief Judge”.

69  Subsection 12(4)

Omit “particular Federal Magistrate”, substitute “particular Judge”.

70  Subsection 12(6)

Omit “Federal Magistrate”, substitute “Judge”.

71  Subsection 12(6A) (heading)

Repeal the heading, substitute:

Protection of the Chief Judge in the exercise of functions or powers

72  Subsection 12(6A)

Omit “Chief Federal Magistrate”, substitute “Chief Judge”.

73  Subsection 12(6A)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

74  Subsection 12(6B)

Omit “Chief Federal Magistrate”, substitute “Chief Judge”.

75  Subsection 12(7) (heading)

Repeal the heading, substitute:

Functions and powers of the Chief Judge

76  Subsection 12(7)

Omit “Chief Federal Magistrate” (wherever occurring), substitute “Chief Judge”.

77  Subsection 12(7)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

78  Subsection 13(2)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

79  Subsection 13(2)

Omit “Federal Magistrate”, substitute “Judge”.

80  Subsection 13(3) (heading)

Repeal the heading, substitute:

Judge sitting in Chambers

81  Subsection 13(3)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

82  Subsection 13(3)

Omit “Federal Magistrate” (wherever occurring), substitute “Judge”.

83  Subsection 13(4)

Omit “Federal Magistrates Court” (first occurring), substitute “Federal Circuit Court of Australia”.

84  Subsection 13(4)

Omit “Federal Magistrate”, substitute “Judge”.

85  Paragraphs 13(4)(a) and (b)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

86  Subsection 13(5)

Omit “Federal Magistrate”, substitute “Judge”.

87  Subsection 13(6)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

88  Subsection 13(6)

Omit “Federal Magistrate”, substitute “Judge”.

89  Subsection 13(7)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

90  Sections 14, 15, 16, 17, 17A and 18

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

91  Section 19 (heading)

Repeal the heading, substitute:

19  Proceedings not to be instituted in Federal Circuit Court if associated matter before Federal Court or Family Court

92  Subsection 19(1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

93  Paragraph 19(2)(b)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

94  Paragraph 19(3)(a)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

95  Subsection 20(1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

96  Subsection 20(2) (note)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

97  Section 20A

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

98  Section 20A (note 1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

99  Section 22 (heading)

Repeal the heading, substitute:

22  Federal Circuit Court of Australia to consider whether to advise people to use dispute resolution processes

100  Section 22

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

101  Section 23 (heading)

Repeal the heading, substitute:

23  Federal Circuit Court of Australia to advise people to use dispute resolution processes

102  Subsections 23(1) and (2)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

103  Section 24

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

104  Section 25 (heading)

Repeal the heading, substitute:

25  Duty of officers of the Federal Circuit Court of Australia to advise people about dispute resolution processes

105  Sections 25, 26, 27, 28, 29 and 30

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

106  Subsection 32(1)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

107  Subsection 32(1)

Omit “Federal Magistrate”, substitute “Judge”.

108  Section 33

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

109  Subsection 34(1)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

110  Subsection 34(5)

Omit “Federal Magistrate” (wherever occurring), substitute “Judge”.

111  Subsection 35(1)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

112  Subsection 35(5)

Omit “Federal Magistrate” (wherever occurring), substitute “Judge”.

113  Section 36 (heading)

Repeal the heading, substitute:

36  Power of arbitrator to refer question of law to the Federal Circuit Court of Australia

114  Paragraphs 36(1)(a) and (c)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

115  Subsection 36(1)

Omit “apply to the Federal Magistrates Court or a Federal Magistrate for leave to refer the question to the Federal Magistrates Court”, substitute “apply to the Federal Circuit Court of Australia or a Judge for leave to refer the question to the Federal Circuit Court of Australia”.

116  Subsection 36(2)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

117  Subsection 36(2)

Omit “Federal Magistrates Court” (last occurring), substitute “Federal Circuit Court of Australia”.

118  Paragraph 36(3)(a)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

119  Paragraph 36(3)(b)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

120  Subsection 36(3)

Omit “Federal Magistrates Court” (last occurring), substitute “Federal Circuit Court of Australia”.

121  Subsections 37(1), (2) and (3)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

122  Subsection 37(4)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

123  Subsections 38(1), (2) and (3)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

124  Section 39

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

125  Subsections 40(2) and (4)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

126  Subsection 40(5)

Omit “Federal Magistrates” (first occurring), substitute “Judges”.

127  Paragraph 40(5)(b)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

128  Paragraph 40(5)(d)

Omit “Federal Magistrates”, substitute “Judges”.

129  Subsections 40(6) and (7)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

130  Subsections 41(1) to (6)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

131  Paragraph 41(10)(b)

Omit “Legislative Instruments Act 1999”, substitute “Legislative Instruments Act 2003”.

132  Section 42 (heading)

Repeal the heading, substitute:

42  Federal Circuit Court of Australia to operate informally

133  Section 42

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

134  Subsection 43(1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

135  Paragraphs 43(2)(a) and (b)

Omit “Federal Magistrates Court or a Federal Magistrate, to the practice and procedure of the Federal Magistrates Court in relation to the jurisdiction of the Federal Magistrates Court”, substitute “Federal Circuit Court of Australia or a Judge, to the practice and procedure of the Federal Circuit Court of Australia in relation to the jurisdiction of the Federal Circuit Court of Australia”.

136  Section 44

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

137  Subsection 45(1)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

138  Subsection 45(1)

Omit “Federal Magistrate”, substitute “Judge”.

139  Subsection 45(2)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

140  Paragraph 45(2)(b)

Omit “Federal Magistrates Court or the Federal Magistrate”, substitute “Federal Circuit Court of Australia or the Judge”.

141  Division 2 of Part 6 (heading)

Repeal the heading, substitute:

Division 2Documents filed with the Federal Circuit Court of Australia

142  Section 46 (heading)

Repeal the heading, substitute:

46  Filing of documents in the Federal Circuit Court of Australia

143  Section 46

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

144  Section 47 (heading)

Repeal the heading, substitute:

47  Seal of the Federal Circuit Court of Australia

145  Subsections 47(1) and (2)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

146  Subsection 47(2)

Omit “Chief Federal Magistrate”, substitute “Chief Judge”.

147  Subsection 47(3)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

148  Section 48 (heading)

Repeal the heading, substitute:

48  Federal Circuit Court of Australia stamps

149  Subsection 48(1)

Omit “Federal Magistrates Court” (first occurring), substitute “Federal Circuit Court of Australia”.

150  Subsection 48(1)

Omit “Federal Magistrates Court stamp”, substitute “Federal Circuit Court of Australia stamp”.

151  Subsection 48(1)

Omit “Federal Magistrates Court” (last occurring), substitute “Federal Circuit Court of Australia”.

152  Subsections 48(2) and (3)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

153  Subsection 49(1)

Omit “Federal Magistrates Court” (first occurring), substitute “Federal Circuit Court of Australia”.

154  Paragraph 49(1)(a)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

155  Paragraph 49(1)(b)

Omit “Federal Magistrate”, substitute “Judge”.

156  Subsection 49(3)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

157  Subsection 50(1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

158  Subsection 51(1)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

159  Subsection 51(1)

Omit “Federal Magistrates Court” (last occurring), substitute “Federal Circuit Court of Australia”.

160  Subsection 52(1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

161  Subsection 52(2)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

162  Subsection 52(2)

Omit “Federal Magistrates Court” (second occurring), substitute “Federal Circuit Court of Australia”.

163  Subsection 52(2)

Omit “Federal Magistrates Court or Federal Magistrate”, substitute “Federal Circuit Court of Australia or Judge”.

164  Section 53

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

165  Section 54

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

166  Subsection 55(1)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

167  Subsection 55(1)

Omit “Federal Magistrates Court” (last occurring), substitute “Federal Circuit Court of Australia”.

168  Subsection 56(1)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

169  Subsection 56(1)

Omit “Federal Magistrates Court” (last occurring), substitute “Federal Circuit Court of Australia”.

170  Subsection 56(2)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

171  Subsection 56(2)

Omit “Federal Magistrates Court” (last occurring), substitute “Federal Circuit Court of Australia”.

172  Subsection 57(1)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

173  Subsection 57(2)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

174  Subsection 57(2)

Omit “Federal Magistrates Court or Federal Magistrate”, substitute “Federal Circuit Court of Australia or Judge”.

175  Subsection 58(1)

Omit “Federal Magistrate”, substitute “Judge”.

176  Subsection 58(1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

177  Subsection 58(2)

Omit “Federal Magistrate”, substitute “Judge”.

178  Subsections 58(2) and (3)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

179  Subsection 59(1)

Omit “Federal Magistrates Court” (first occurring), substitute “Federal Circuit Court of Australia”.

180  Paragraph 59(1)(a)

Omit “Federal Magistrate”, substitute “Judge”.

181  Subparagraph 59(1)(f)(i)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

182  Subsections 59(2) and (3)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

183  Section 60

Omit “Federal Magistrates Court or a Federal Magistrate” (first occurring), substitute “Federal Circuit Court of Australia or a Judge”.

184  Paragraph 60(a)

Omit “Federal Magistrates Court, a Federal Magistrate, an officer of the Federal Magistrates Court”, substitute “Federal Circuit Court of Australia, a Judge, an officer of the Federal Circuit Court of Australia”.

185  Section 60

Omit “Federal Magistrates Court or a Federal Magistrate” (second occurring), substitute “Federal Circuit Court of Australia or a Judge”.

186  Paragraph 60(d)

Omit “Federal Magistrates Court or Federal Magistrate”, substitute “Federal Circuit Court of Australia or Judge”.

187  Section 61

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

188  Subsection 62(1)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

189  Subsection 62(1)

Omit “Federal Magistrates Court” (last occurring), substitute “Federal Circuit Court of Australia”.

190  Section 63 (heading)

Repeal the heading, substitute:

63  Federal Circuit Court of Australia may question witnesses

191  Section 63

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

192  Subsection 64(1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

193  Subsection 64(2)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

194  Subsections 64(4) and (6)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

195  Section 65

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

196  Subsection 66(1)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

197  Paragraph 66(2)(c)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

198  Subsection 66(3)

Omit “Federal Magistrates Court or the Federal Magistrate” (wherever occurring), substitute “Federal Circuit Court of Australia or the Judge”.

199  Subsection 66(4)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

200  Paragraph 66(4)(b)

Omit “Federal Magistrates Court’s own initiative or on the Federal Magistrate’s own initiative”, substitute “Federal Circuit Court of Australia’s own initiative or on the Judge’s own initiative”.

201  Subsection 67(1)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

202  Subsection 67(1)

Omit “Federal Magistrates Court or the Federal Magistrate”, substitute “Federal Circuit Court of Australia or the Judge”.

203  Subsection 67(2)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

204  Paragraph 67(2)(b)

Omit “Federal Magistrates Court’s own initiative or on the Federal Magistrate’s own initiative”, substitute “Federal Circuit Court of Australia’s own initiative or on the Judge’s own initiative”.

205  Subsection 68(1)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

206  Subsection 68(1)

Omit “Federal Magistrates Court or the Federal Magistrate”, substitute “Federal Circuit Court of Australia or the Judge”.

207  Subsection 68(2)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

208  Paragraph 68(2)(b)

Omit “Federal Magistrates Court’s own initiative or on the Federal Magistrate’s own initiative”, substitute “Federal Circuit Court of Australia’s own initiative or on the Judge’s own initiative”.

209  Subsection 69(1)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

210  Subsection 69(1)

Omit “Federal Magistrates Court or the Federal Magistrate” (wherever occurring), substitute “Federal Circuit Court of Australia or the Judge”.

211  Subsection 69(3)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

212  Subsection 69(3)

Omit “Federal Magistrates Court or the Federal Magistrate” (wherever occurring), substitute “Federal Circuit Court of Australia or the Judge”.

213  Subsection 69(5)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

214  Section 70

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

215  Section 70

Omit “Federal Magistrates Court or the Federal Magistrate” (wherever occurring), substitute “Federal Circuit Court of Australia or the Judge”.

216  Paragraphs 71(a) and (b)

Omit “Federal Magistrates Court or the Federal Magistrate”, substitute “Federal Circuit Court of Australia or the Judge”.

217  Subsection 72(1)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

218  Subsection 72(1)

Omit “Federal Magistrates Court or the Federal Magistrate”, substitute “Federal Circuit Court of Australia or the Judge”.

219  Subsections 74(1) and (2)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

220  Paragraph 75(1)(a)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

221  Paragraph 75(1)(b)

Omit “Federal Magistrate”, substitute “Judge”.

222  Subsection 75(1)

Omit “Federal Magistrate on behalf of the Federal Magistrate”, substitute “Judge on behalf of the Judge”.

223  Paragraph 75(2)(a)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

224  Paragraph 75(2)(b)

Omit “Federal Magistrate”, substitute “Judge”.

225  Subsection 75(2)

Omit “Federal Magistrate on behalf of the Federal Magistrate”, substitute “Judge on behalf of the Judge”.

226  Paragraph 76(2)(a)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

227  Subsection 76(2)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

228  Subsection 76(3)

Omit “Federal Magistrates Court or the Federal Magistrate” (wherever occurring), substitute “Federal Circuit Court of Australia or the Judge”.

229  Paragraph 76(5)(b)

Omit “Federal Magistrates Court in its absolute discretion, or a Federal Magistrate in that Federal Magistrate’s”, substitute “Federal Circuit Court of Australia in its absolute discretion, or a Judge in that Judge’s”.

230  Paragraph 76(5)(g)

Omit “Federal Magistrates Court or the Federal Magistrate”, substitute “Federal Circuit Court of Australia or the Judge”.

231  Subsection 77(2)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

232  Paragraph 77(3)(b)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

233  Subsections 78(2) and (4)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

234  Subsection 79(2)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

235  Subsection 79(2)

Omit “Federal Magistrates Court” (last occurring), substitute “Federal Circuit Court of Australia”.

236  Subsection 79(3)

Omit “Federal Magistrates Court or Federal Magistrate”, substitute “Federal Circuit Court of Australia or Judge”.

237  Subsection 80(2)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

238  Subsection 80(2)

Omit “Federal Magistrates Court” (last occurring), substitute “Federal Circuit Court of Australia”.

239  Subsection 80(3)

Omit “Federal Magistrates Court or Federal Magistrate”, substitute “Federal Circuit Court of Australia or Judge”.

240  Subsections 80(4) and (5)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

241  Subsection 81(1)

Omit “Federal Magistrates” (first occurring), substitute “Judges”.

242  Paragraphs 81(1)(a) and (b)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

243  Paragraph 81(3)(b)

Omit “Chief Federal Magistrate acting on behalf of the Federal Magistrates”, substitute “Chief Judge acting on behalf of the Judges”.

244  Subsection 81(4)

Omit “Chief Federal Magistrate”, substitute “Chief Judge”.

245  Paragraph 82(1)(f)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

246  Section 83

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

247  Paragraphs 85(a), (b) and (d)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

248  Paragraph 85(e)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

249  Paragraphs 86(b) and (c)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

250  Section 87

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

251  Part 7 (heading)

Repeal the heading, substitute:

Part 7Management of the Federal Circuit Court of Australia

252  Division 1 of Part 7 (heading)

Repeal the heading, substitute:

Division 1Administration of the Federal Circuit Court of Australia

253  Section 89 (heading)

Repeal the heading, substitute:

89  Management of administrative affairs of the Federal Circuit Court of Australia

254  Subsection 89(1)

Omit “Chief Federal Magistrate”, substitute “Chief Judge”.

255  Subsection 89(1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

256  Subsection 89(3)

Omit “Chief Federal Magistrate”, substitute “Chief Judge”.

257  Subsection 89(3A)

Omit “Chief Federal Magistrate’s”, substitute “Chief Judge’s”.

258  Subsections 89(3A) and (4)

Omit “Chief Federal Magistrate”, substitute “Chief Judge”.

259  Subsection 90(1)

Omit “Chief Federal Magistrate”, substitute “Chief Judge”.

260  Subsections 90(1), (2) and (3)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

261  Subsection 91(1)

Omit “Chief Federal Magistrate”, substitute “Chief Judge”.

262  Subsections 91(1), (2) and (3)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

263  Section 92

Omit “Chief Federal Magistrate”, substitute “Chief Judge”.

264  Paragraphs 92(a) and (b)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

265  Subsection 93(1)

Omit “Federal Magistrates Court may appoint committees consisting of Federal Magistrates, or of Federal Magistrates and other persons, for the purpose of advising the Federal Magistrates Court”, substitute “Federal Circuit Court of Australia may appoint committees consisting of Judges, or of Judges and other persons, for the purpose of advising the Federal Circuit Court of Australia”.

266  Paragraph 93(1)(a)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

267  Subsection 93(2)

Repeal the subsection, substitute:

             (2)  The Chief Judge may appoint committees consisting of Judges, or of Judges and other persons, for the purpose of advising the Chief Judge in relation to the management of the administrative affairs of the Federal Circuit Court of Australia.

268  Division 1A of Part 7 (heading)

Repeal the heading, substitute:

Division 1AAdministration of Federal Circuit Court of Australia’s family services

269  Subsections 93D(1) and (2)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

270  Section 94

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

271  Subsection 96(1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

272  Subsections 96(1), (2) and (3)

Omit “Chief Federal Magistrate”, substitute “Chief Judge”.

273  Subsection 96(3)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

274  Subsection 96(4)

Omit “Chief Federal Magistrate”, substitute “Chief Judge”.

275  Subsection 97(2)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

276  Section 98

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

277  Section 99 (heading)

Repeal the heading, substitute:

99  Officers of the Federal Circuit Court of Australia

278  Subsections 99(1), (2), (4) and (6)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

279  Paragraph 99(6)(d)

Omit “Chief Federal Magistrate”, substitute “Chief Judge”.

280  Subsection 99(7)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

281  Section 100

Omit “Chief Federal Magistrate”, substitute “Chief Judge”.

282  Sections 100 and 101

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

283  Subsection 102(1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

284  Subsection 102(2)

Omit “Federal Magistrates Court may, if the Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia may, if the Federal Circuit Court of Australia or a Judge”.

285  Paragraphs 102(2)(a), (c), (e), (h) and (i)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

286  Subsection 102(6)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

287  Subsection 103(1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

288  Subsections 103(2) and (3)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

289  Subsection 103(7)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

290  Subsections 104(2) and (3)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

291  Subsection 104(4)

Omit “Federal Magistrate” (wherever occurring), substitute “Judge”.

292  Subsection 105(1)

Omit “Federal Magistrate”, substitute “Judge”.

293  Subsections 105(2) and (3)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

294  Section 106 (heading)

Repeal the heading, substitute:

106  The Sheriff of the Federal Circuit Court of Australia

295  Section 106

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

296  Subsection 107(1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

297  Section 109 (heading)

Repeal the heading, substitute:

109  The Marshal of the Federal Circuit Court of Australia

298  Subsection 109(1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

299  Paragraph 109(2)(a)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

300  Paragraph 109(2)(b)

Omit “Federal Magistrates and officers and staff of the Federal Magistrates Court”, substitute “Judges and officers and staff of the Federal Circuit Court of Australia”.

301  Paragraphs 109(3)(a) and (b)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

302  Subsection 110(1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

303  Section 111A

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

304  Section 111A (note)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

305  Section 112 (heading)

Repeal the heading, substitute:

112  Staff of the Federal Circuit Court of Australia

306  Subsections 112(1) and (2)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

307  Subsection 113(1)

Omit “Federal Magistrates Court” (first occurring), substitute “Federal Circuit Court of Australia”.

308  Paragraph 113(1)(a)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

309  Subsection 113(2)

Omit “Federal Magistrates Court” (first occurring), substitute “Federal Circuit Court of Australia”.

310  Paragraph 113(2)(a)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

311  Section 114

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

312  Subsection 115(1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

313  Section 116

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

314  Subsection 117(1)

Omit “Chief Federal Magistrate”, substitute “Chief Judge”.

315  Subsection 117(1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

316  Section 117A (heading)

Repeal the heading, substitute:

117A  Delegation of the administrative powers of the Chief Judge

317  Section 117A

Omit “Chief Federal Magistrate”, substitute “Chief Judge”.

318  Section 117A

Omit “Federal Magistrates”, substitute “Judges”.

319  Section 118 (heading)

Repeal the heading, substitute:

118  Proceedings arising out of administration of the Federal Circuit Court of Australia

320  Section 118

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

321  Section 119

Repeal the section, substitute:

119  References in other laws to a Judge of the Federal Circuit Court of Australia

                   A reference in a law of the Commonwealth other than this Act to a Judge of the Federal Circuit Court of Australia includes a reference to the Chief Judge of that Court.

Note:          For the interpretation of this Act, see section 5.

322  Subsections 120(3) and (4)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

323  Schedule 1 (heading)

Repeal the heading, substitute:

Schedule 1Personnel provisions relating to Judges

324  Part 1 of Schedule 1 (heading)

Repeal the heading, substitute:

Part 1Appointment of Judges

325  Clause 1 of Schedule 1 (heading)

Repeal the heading, substitute:

1  Appointment of Judges

326  Subclauses 1(1), (2), (3), (4) and (5) of Schedule 1

Omit “Federal Magistrate”, substitute “Judge”.

327  Subclause 1(6) of Schedule 1

Omit “Federal Magistrate” (first and second occurring), substitute “Judge”.

328  Subclause 1(6) of Schedule 1

Omit “Federal Magistrate’s”, substitute “Judge’s”.

329  Subclause 1(6) of Schedule 1

Omit “Federal Magistrate” (last occurring), substitute “Judge”.

330  Subclause 1(7) of Schedule 1

Omit “Federal Magistrate” (wherever occurring), substitute “Judge”.

331  Clause 1 of Schedule 1 (note)

Omit “Federal Magistrates”, substitute “Judges”.

332  Clause 1A of Schedule 1 (heading)

Repeal the heading, substitute:

1A  Assignment of Judges to Divisions

333  Clause 1A of Schedule 1

Omit “Federal Magistrate” (wherever occurring), substitute “Judge”.

334  Clause 1A of Schedule 1 (note)

Omit “Federal Magistrate” (wherever occurring), substitute “Judge”.

335  Clause 1A of Schedule 1 (note)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

336  Clause 2 of Schedule 1

Repeal the clause, substitute:

2  Style

Chief Judge

             (1)  The Chief Judge is to be styled “Chief Judge (name)”.

Other Judges

             (2)  A Judge (other than the Chief Judge) is to be styled “Judge (name)”.

337  Subclause 3(1) of Schedule 1

Omit “Federal Magistrate”, substitute “Judge”.

338  Paragraph 3(2)(e) of Schedule 1

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

339  Subclauses 3(3) and (4) of Schedule 1

Omit “Chief Federal Magistrate or Federal Magistrate”, substitute “Chief Judge or Judge of the Federal Circuit Court of Australia”.

340  Part 2 of Schedule 1 (heading)

Repeal the heading, substitute:

Part 2Terms and conditions of Judges

341  Division 1 of Part 2 of Schedule 1 (heading)

Repeal the heading, substitute:

Division 1Terms and conditions of serving Judges

342  Subclause 4(1) of Schedule 1

Omit “Federal Magistrate”, substitute “Judge”.

343  Subclause 4(1) of Schedule 1

Omit “Federal Magistrate’s”, substitute “Judge’s”.

344  Subclauses 4(2) and (3) of Schedule 1

Omit “Federal Magistrate”, substitute “Judge”.

345  Subclause 5(1) of Schedule 1

Omit “Federal Magistrate”, substitute “Judge”.

346  Subclause 5(3) of Schedule 1

Repeal the subclause.

347  Subclause 5(4) of Schedule 1 (note 2)

Omit “Federal Magistrates”, substitute “Judges”.

348  Clause 6 of Schedule 1

Omit “Federal Magistrate”, substitute “Judge”.

349  Subclauses 7(1) and 8(1) of Schedule 1

Omit “Federal Magistrate”, substitute “Judge”.

350  Clause 9 of Schedule 1

Omit “Federal Magistrate”, substitute “Judge”.

351  Clause 9A of Schedule 1 (heading)

Repeal the heading, substitute:

9A  Certification of retired disabled Judges

352  Paragraph 9A(1)(a) of Schedule 1

Omit “Federal Magistrate”, substitute “Judge”.

353  Paragraph 9A(1)(b) of Schedule 1

Omit “Magistrate”, substitute “Judge”.

354  Subclause 9A(1) of Schedule 1

Omit “Magistrate is a retired disabled Federal Magistrate”, substitute “Judge is a retired disabled Judge”.

355  Paragraph 9A(2)(a) of Schedule 1

Omit “Magistrate is a retired disabled Federal Magistrate”, substitute “Judge is a retired disabled Judge”.

356  Clause 9B of Schedule 1 (heading)

Repeal the heading, substitute:

9B  Pensions for retired disabled Judges

357  Subclause 9B(1) of Schedule 1

Omit “Federal Magistrate”, substitute “Judge”.

358  Subclause 9B(2) of Schedule 1

Omit “Magistrate”, substitute “Judge”.

359  Paragraphs 9B(3)(a) and (b) of Schedule 1

Omit “Magistrate” (wherever occurring), substitute “Judge”.

360  Subclause 9B(5) of Schedule 1

Omit “Federal Magistrates”, substitute “Judges”.

361  Paragraphs 9B(6)(a) and (b) of Schedule 1

Omit “Magistrate”, substitute “Judge”.

362  Clause 9C of Schedule 1 (heading)

Repeal the heading, substitute:

9C  Superannuation for retired disabled Judges

363  Subclause 9C(1) of Schedule 1

Omit “Federal Magistrate”, substitute “Judge”.

364  Subclause 9C(2) of Schedule 1

Omit “Magistrate”, substitute “Judge”.

365  Subclause 9C(3) of Schedule 1

Omit “Federal Magistrates”, substitute “Judges”.

366  Paragraph 9D(1)(a) of Schedule 1

Omit “Federal Magistrate” (wherever occurring), substitute “Judge”.

367  Paragraph 9D(1)(b) of Schedule 1

Omit “Magistrate”, substitute “Judge”.

368  Subclauses 9D(2), (3) and (4) of Schedule 1

Omit “Magistrate” (wherever occurring), substitute “Judge”.

369  Subclause 9E(1) of Schedule 1

Omit “Federal Magistrate” (wherever occurring), substitute “Judge”.

370  Subclause 9E(2) of Schedule 1

Omit “Federal Magistrate”, substitute “Judge”.

371  Subclause 9E(2) of Schedule 1

Omit “Magistrate” (second and third occurring), substitute “Judge”.

372  Subclause 9E(3) of Schedule 1

Omit “Federal Magistrate”, substitute “Judge”.

373  Paragraph 9E(3)(a) of Schedule 1

Omit “Magistrate”, substitute “Judge”.

374  Paragraph 9E(3)(a) of Schedule 1

Omit “Magistrate’s”, substitute “Judge’s”.

375  Subparagraphs 9E(3)(b)(i) and (ii) of Schedule 1

Omit “Magistrate”, substitute “Judge”.

376  Subclause 9E(4) of Schedule 1

Omit “Federal Magistrate” (wherever occurring), substitute “Judge”.

377  Paragraph 9E(4)(a) of Schedule 1

Omit “Magistrate”, substitute “Judge”.

378  Paragraph 9E(4)(b) of Schedule 1

Omit “Magistrate’s”, substitute “Judge’s”.

379  Paragraph 9E(4)(b) of Schedule 1

Omit “Magistrate”, substitute “Judge”.

380  Paragraph 9E(4)(c) of Schedule 1

Omit “Magistrate”, substitute “Judge”.

381  Paragraph 9E(4)(c) of Schedule 1

Omit “Magistrate’s”, substitute “Judge’s”.

382  Paragraph 9E(4)(d) of Schedule 1

Omit “Magistrate” (wherever occurring), substitute “Judge”.

383  Subclause 9F(1) of Schedule 1

Omit “Federal Magistrate” (wherever occurring), substitute “Judge”.

384  Subparagraphs 9F(1)(b)(i), (ia) and (ii) of Schedule 1

Omit “Magistrate”, substitute “Judge”.

385  Subparagraph 9F(1)(b)(ii) of Schedule 1

Omit “Magistrate’s”, substitute “Judge’s”.

386  Subparagraph 9F(1)(b)(iii) of Schedule 1

Omit “Magistrate”, substitute “Judge”.

387  Subparagraph 9F(1)(b)(iii) of Schedule 1

Omit “Magistrate’s”, substitute “Judge’s”.

388  Division 3 of Part 2 of Schedule 1 (heading)

Repeal the heading, substitute:

Division 3Remuneration of a Judge not to be diminished

389  Clause 9H of Schedule 1 (heading)

Repeal the heading, substitute:

9H  Remuneration of a Judge not to be diminished

390  Subclause 9H(1) of Schedule 1

Omit “Federal Magistrate”, substitute “Judge”.

391  Part 3 of Schedule 1 (heading)

Repeal the heading, substitute:

Part 3Acting Chief Judge

392  Clause 10 of Schedule 1 (heading)

Repeal the heading, substitute:

10  Acting Chief Judge

393  Subclauses 10(1) and (3) of Schedule 1

Omit “Federal Magistrate” (wherever occurring), substitute “Judge”.

394  Subclause 10(3) of Schedule 1

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

395  Subclause 10(3) of Schedule 1 (note)

Omit “Federal Magistrate”, substitute “Judge”.

396  Subclause 10(3) of Schedule 1 (note)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

397  Schedule 2 (heading)

Repeal the heading, substitute:

Schedule 2Personnel provisions relating to Chief Executive Officer

398  Clause 2 of Schedule 2

Omit “Federal Magistrate”, substitute “Judge”.

399  Clause 3 of Schedule 2

Omit “Federal Magistrate’s”, substitute “Judge’s”.

400  Subclause 5(2) of Schedule 2

Omit “Federal Magistrate” (wherever occurring), substitute “Judge”.

401  Paragraph 7(2)(c) of Schedule 2

Omit “Federal Magistrate’s”, substitute “Judge’s”.

402  Clauses 8 and 9 of Schedule 2

Omit “Federal Magistrate”, substitute “Judge”.

As at 16 January 2013 the amendments are not incorporated in this compilation.

Note 4

Access to Justice (Federal Jurisdiction) Amendment Act 2012
(No. 186, 2012)

The following amendment commences on 11 June 2013 unless proclaimed earlier:

Schedule 3

9  Before Part 7

Insert:

Part 6BVexatious proceedings

Division 1Preliminary

88N  Definitions

             (1)  In this Part:

Australian court or tribunal means a court or tribunal of the Commonwealth, a State or a Territory.

institute, in relation to proceedings, includes:

                     (a)  for civil proceedings—the taking of a step or the making of an application that may be necessary before proceedings can be started against a party; and

                     (b)  for proceedings before a tribunal—the taking of a step or the making of an application that may be necessary before proceedings can be started before the tribunal; and

                     (c)  for criminal proceedings—the making of a complaint or the obtaining of a warrant for the arrest of an alleged offender; and

                     (d)  for civil or criminal proceedings or proceedings before a tribunal—the taking of a step or the making of an application that may be necessary to start an appeal in relation to the proceedings or to a decision made in the course of the proceedings.

proceeding:

                     (a)  in relation to a court—has the meaning given by section 5; and

                     (b)  in relation to a tribunal—means a proceeding in the tribunal, whether between parties or not, and includes an incidental proceeding in the course of, or in connection with, a proceeding.

proceedings of a particular type includes:

                     (a)  proceedings in relation to a particular matter; and

                     (b)  proceedings against a particular person.

vexatious proceeding includes:

                     (a)  a proceeding that is an abuse of the process of a court or tribunal; and

                     (b)  a proceeding instituted in a court or tribunal to harass or annoy, to cause delay or detriment, or for another wrongful purpose; and

                     (c)  a proceeding instituted or pursued in a court or tribunal without reasonable ground; and

                     (d)  a proceeding conducted in a court or tribunal in a way so as to harass or annoy, cause delay or detriment, or achieve another wrongful purpose.

vexatious proceedings order means an order made under subsection 88Q(2).

             (2)  A reference in this Part to a person acting in concert with another person in instituting or conducting proceedings does not include a reference to a person who is so acting as a legal practitioner or representative of the other person.

88P  Powers of the Federal Magistrates Court not affected

                   This Part does not limit or otherwise affect any powers that the Federal Magistrates Court has apart from this Part to deal with vexatious proceedings.

Division 2Vexatious proceedings orders

88Q  Making vexatious proceedings orders

             (1)  This section applies if the Federal Magistrates Court is satisfied:

                     (a)  a person has frequently instituted or conducted vexatious proceedings in Australian courts or tribunals; or

                     (b)  a person, acting in concert with another person who is subject to a vexatious proceedings order or who is covered by paragraph (a), has instituted or conducted a vexatious proceeding in an Australian court or tribunal.

             (2)  The Federal Magistrates Court may make any or all of the following orders:

                     (a)  an order staying or dismissing all or part of any proceedings in the Federal Magistrates Court already instituted by the person;

                     (b)  an order prohibiting the person from instituting proceedings, or proceedings of a particular type, in the Federal Magistrates Court;

                     (c)  any other order the Federal Magistrates Court considers appropriate in relation to the person.

Note:          Examples of an order under paragraph (c) are an order directing that the person may only file documents by mail, an order to give security for costs and an order for costs.

             (3)  Subsection (2) applies in relation to proceedings in the Federal Magistrates Court other than proceedings under the Family Law Act 1975.

Note:          Part XIB of the Family Law Act 1975 deals with vexatious proceedings under that Act.

             (4)  The Federal Magistrates Court may make a vexatious proceedings order on its own initiative or on the application of any of the following:

                     (a)  the Attorney‑General of the Commonwealth or of a State or Territory;

                     (b)  the Chief Executive Officer;

                     (c)  a person against whom another person has instituted or conducted a vexatious proceeding;

                     (d)  a person who has a sufficient interest in the matter.

             (5)  The Federal Magistrates Court must not make a vexatious proceedings order in relation to a person without hearing the person or giving the person an opportunity of being heard.

             (6)  An order made under paragraph (2)(a) or (b) is a final order.

             (7)  For the purposes of subsection (1), the Federal Magistrates Court may have regard to:

                     (a)  proceedings instituted (or attempted to be instituted) or conducted in any Australian court or tribunal; and

                     (b)  orders made by any Australian court or tribunal; and

                     (c)  the person’s overall conduct in proceedings conducted in any Australian court or tribunal (including the person’s compliance with orders made by that court or tribunal);

including proceedings instituted (or attempted to be instituted) or conducted, and orders made, before the commencement of this section.

88R  Notification of vexatious proceedings orders

             (1)  A person may request the Chief Executive Officer for a certificate stating whether a person named in the request is or has been the subject of a vexatious proceedings order.

             (2)  If a person makes a request under subsection (1) and the person named in the request is or has been the subject of a vexatious proceedings order, the Chief Executive Officer must issue to the person making the request a certificate:

                     (a)  specifying the date of the order; and

                     (b)  specifying any other information prescribed by the Rules of Court.

             (3)  This section is subject to any law of the Commonwealth, or order of the Federal Magistrates Court, restricting the publication or disclosure of the name of a party to proceedings in the Federal Magistrates Court.

Note:          Section 155 of the Evidence Act 1995 deals with adducing evidence of Commonwealth records.

Division 3Particular consequences of vexatious proceedings orders

88S  Proceedings in contravention of vexatious proceedings order

             (1)  If the Federal Magistrates Court makes a vexatious proceedings order prohibiting a person from instituting proceedings, or proceedings of a particular type, in the Federal Magistrates Court:

                     (a)  the person must not institute proceedings, or proceedings of that type, in the Federal Magistrates Court without the leave of the Federal Magistrates Court under section 88V; and

                     (b)  another person must not, acting in concert with the person, institute proceedings, or proceedings of that type, in the Federal Magistrates Court without the leave of the Federal Magistrates Court under section 88V.

             (2)  If a proceeding is instituted in contravention of subsection (1), the proceeding is stayed.

             (3)  Without limiting subsection (2), the Federal Magistrates Court may make:

                     (a)  an order declaring a proceeding is a proceeding to which subsection (2) applies; and

                     (b)  any other order in relation to the stayed proceeding it considers appropriate, including an order for costs.

             (4)  The Federal Magistrates Court may make an order under subsection (3) on its own initiative or on the application of any of the following:

                     (a)  the Attorney‑General of the Commonwealth or of a State or Territory;

                     (b)  the Chief Executive Officer;

                     (c)  a person against whom another person has instituted or conducted a vexatious proceeding;

                     (d)  a person who has a sufficient interest in the matter.

88T  Application for leave to institute proceedings

             (1)  This section applies to a person (the applicant) who is:

                     (a)  subject to a vexatious proceedings order prohibiting the person from instituting proceedings, or proceedings of a particular type, in the Federal Magistrates Court; or

                     (b)  acting in concert with another person who is subject to an order mentioned in paragraph (a).

             (2)  The applicant may apply to the Federal Magistrates Court for leave to institute a proceeding that is subject to the order.

             (3)  The applicant must file an affidavit with the application that:

                     (a)  lists all the occasions on which the applicant has applied for leave under this section; and

                     (b)  lists all other proceedings the applicant has instituted in any Australian court or tribunal, including proceedings instituted before the commencement of this section; and

                     (c)  discloses all relevant facts about the application, whether supporting or adverse to the application, that are known to the applicant.

             (4)  The applicant must not serve a copy of the application or affidavit on a person unless an order is made under paragraph 88V(1)(a). If the order is made, the applicant must serve the copy in accordance with the order.

88U  Dismissing application for leave

             (1)  The Federal Magistrates Court or a Federal Magistrate may make an order dismissing an application under section 88T for leave to institute a proceeding if the Federal Magistrates Court or Federal Magistrate considers the affidavit does not substantially comply with subsection 88T(3).

             (2)  The Federal Magistrates Court or a Federal Magistrate must make an order dismissing an application under section 88T for leave to institute a proceeding if the Federal Magistrates Court or Federal Magistrate considers the proceeding is a vexatious proceeding.

             (3)  The Federal Magistrates Court or a Federal Magistrate may dismiss the application without an oral hearing (either with or without the consent of the applicant).

88V  Granting application for leave

             (1)  Before the Federal Magistrates Court makes an order granting an application under section 88T for leave to institute a proceeding, it must:

                     (a)  order that the applicant serve:

                              (i)  the person against whom the applicant proposes to institute the proceeding; and

                             (ii)  any other person specified in the order;

                            with a copy of the application and affidavit and a notice that the person is entitled to be heard on the application; and

                     (b)  give the applicant and each person described in subparagraph (a)(i) or (ii), on appearance, an opportunity to be heard at the hearing of the application.

             (2)  At the hearing of the application, the Federal Magistrates Court may receive as evidence any record of evidence given, or affidavit filed, in any proceeding in any Australian court or tribunal in which the applicant is, or at any time was, involved either as a party or as a person acting in concert with a party.

             (3)  The Federal Magistrates Court may make an order granting the application. The order may be made subject to the conditions the Federal Magistrates Court considers appropriate.

             (4)  The Federal Magistrates Court may grant leave only if it is satisfied the proceeding is not a vexatious proceeding.

As at 16 January 2013 the amendment is not incorporated in this compilation.


Table A

Application, saving or transitional provisions

Statute Law Revision Act 2002 (No. 63, 2002)

4  Effect of repeal

                   To avoid doubt, items 472 to 478 (inclusive) of Schedule 1 to the Public Employment (Consequential and Transitional) Amendment Act 1999 are taken never to have had effect.

Note:          These items are repealed by item 23 of Schedule 2 to this Act.

 

Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 (No. 140, 2003)

4  Transitional provisions

             (1)  If legislation introduced into the Parliament before the commencing day but commencing on or after that day:

                     (a)  authorises an instrument to be made in the exercise of a power delegated by the Parliament; and

                     (b)  is expressed to require that instrument to be published as a statutory rule under the Statutory Rules Publication Act 1903;

any instrument so made is taken to be an instrument referred to in paragraph 6(b) of the Legislative Instruments Act 2003 despite the repeal by this Act of the Statutory Rules Publication Act 1903.

             (2)  If legislation introduced into the Parliament before the commencing day but commencing on or after that day:

                     (a)  authorises an instrument to be made in the exercise of a power delegated by the Parliament; and

                     (b)  is expressed to declare that instrument to be a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901;

any instrument so made is taken to be an instrument referred to in subparagraph 6(d)(i) of the Legislative Instruments Act 2003 despite the repeal by this Act of section 46A of the Acts Interpretation Act 1901.

             (3)  If legislation that is in force immediately before the commencing day or that is introduced into the Parliament before that day but that commences on or after that day:

                     (a)  authorised or authorises an instrument to be made in the exercise of a power delegated by the Parliament that adversely affects the rights of a person, or results in the imposition of liabilities on a person; and

                     (b)  provided or provides that the instrument has effect, to the extent that it adversely affects those rights or results in the imposition of those liabilities, despite subsection 48(2) of the Acts Interpretation Act 1901, before the date of its notification in the Gazette;

that legislation is to be construed, on and after the commencing day or the day of its commencement, whichever last occurs, as if it had provided instead that the instrument, to the extent that it adversely affects those rights or results in the imposition of those liabilities, has effect, despite subsection 12(2) of the Legislative Instruments Act 2003, before its registration under that Act.

             (4)  If:

                     (a)  legislation (the enabling legislation) in force immediately before the commencing day:

                              (i)  authorises the making of an instrument; and

                             (ii)  does not declare such an instrument to be a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 but nonetheless makes provision for its disallowance by the application, with or without modification, of the provisions of Part XII of that Act; and

                     (b)  an instrument is made in the exercise of that authority on or after the commencing day; and

                     (c)  the instrument is not a legislative instrument for the purposes of the Legislative Instruments Act 2003 or otherwise;

the enabling legislation has effect, on and after the commencing day, as if:

                     (d)  it had declared such instruments to be disallowable instruments for the purposes of section 46B of the Acts Interpretation Act 1901; and

                     (e)  it had provided for such modifications of the operation of that section as are necessary to ensure that the effect of the applied provisions of Part XII of the Acts Interpretation Act 1901 is preserved.

             (5)  In this section:

commencing day means the commencing day within the meaning of the Legislative Instruments Act 2003.

 

Migration Litigation Reform Act 2005 (No. 137, 2005)

Schedule 1

40  Definitions

In this Part:

commencement day means the day on which this Schedule commences.

migration decision has the same meaning as in the Migration Act 1958, as amended by Part 1 of this Schedule.

migration litigation has the same meaning as in Part 8B of the Migration Act 1958, as amended by Part 1 of this Schedule.

substantive proceedings has the same meaning as in paragraph 503B(1)(b) of the Migration Act 1958.

42  Transitional provision—migration decision made before commencement day

Where proceedings are commenced on or after the commencement day in relation to a migration decision made before the commencement day, and actual notification of the decision is given before the commencement day:

                     (a)  section 477 of the Migration Act 1958 applies as if the actual notification of the decision took place on the commencement day; and

                     (b)  section 477A of that Act applies as if the actual notification of the decision took place on the commencement day; and

                     (c)  section 486A of that Act applies as if the actual notification of the decision took place on the commencement day.

44  Application of items 5, 7, 8 and 9

The amendments made by items 5, 7, 8 and 9 of this Schedule apply in relation to proceedings commenced on or after the commencement day.

Schedule 2

21  Transitional provision—things done before the commencement of this Schedule

Anything done under the Federal Magistrates Act 1999 before the commencement of this Schedule has the same effect, after that commencement, as it would have had if this Schedule had not been enacted.

 

Federal Magistrates Amendment (Disability and Death Benefits) Act 2007
(No. 163, 2007)

Schedule 1

16  Application

The amendments made by this Schedule apply in relation to persons who are Federal Magistrates at or after the commencement of this item.

 

Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008 (No. 134, 2008)

4  Entitlements from 1 July 2008

             (1)  If:

                     (a)  a person would have been entitled to one or more payments (the lost payments) under an Act that is amended by Schedule 1, 2, 3 or 5 to this Act if the relevant Schedule had commenced on 1 July 2008; and

                     (b)  because the Schedule did not commence until after 1 July 2008, the person is not entitled to the payment or payments; and

                     (c)  the person makes an application to the Finance Minister for one or more payments (the replacement payments) to compensate the person for the lost payments;

the Finance Minister must make a determination, in accordance with subsection (4), to fully compensate the person.

             (2)  If:

                     (a)  a person would have been entitled to one or more payments (the lost payments) under the Military Superannuation and Benefits Act 1991 if the first amendment of the Trust Deed under that Act that is made after the commencement of this section had commenced on 1 July 2008; and

                     (b)  because that amendment did not commence until after 1 July 2008, the person is not entitled to the payment or payments; and

                     (c)  the person makes an application to the Finance Minister for one or more payments (the replacement payments) to compensate the person for the lost payments;

the Finance Minister must make a determination, in accordance with subsection (4), to fully compensate the person.

             (3)  If:

                     (a)  a person would have been entitled to one or more payments (the lost payments) under the Superannuation Act 1990 if the first amendment of the Trust Deed under that Act that is made after the commencement of this section had commenced on 1 July 2008; and

                     (b)  because that amendment did not commence until after 1 July 2008, the person is not entitled to the payment or payments; and

                     (c)  the person makes an application to the Finance Minister for one or more payments (the replacement payments) to compensate the person for the lost payments;

the Finance Minister must make a determination, in accordance with subsection (4), to fully compensate the person.

             (4)  A determination by the Finance Minister under this subsection must:

                     (a)  be in writing; and

                     (b)  set out:

                              (i)  the amount and timing of the replacement payments; or

                             (ii)  the method of determining the amount and timing of the replacement payments.

             (5)  An application must be in writing in the form approved by the Finance Minister.

             (6)  To avoid doubt, a determination of the Finance Minister that a person is entitled to one or more replacement payments does not affect the entitlements of any other person under an Act amended by Schedule 1, 2, 3 or 5 to this Act, the Military Superannuation and Benefits Act 1991 or the Superannuation Act 1990.

             (7)  Replacement payments are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

             (8)  A determination made under this section is not a legislative instrument.

             (9)  In this section:

Finance Minister means the Minister who administers the Financial Management and Accountability Act 1997.

Schedule 2

12  Application of amendments of the Federal Magistrates Act 1999

The amendments of the Federal Magistrates Act 1999 made by this Schedule apply in relation to any payment payable under clause 9D of Schedule 1 to that Act in respect of a person who dies on or after the commencement of this Schedule if, at the time of his or her death, the deceased person:

                     (a)  held office as a Federal Magistrate; or

                     (b)  was a retired disabled Federal Magistrate.

 

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (No. 55, 2009)

Schedule 17

20  Application of Part 2

(1)       The amendments made by Part 2 of this Schedule apply:

                     (a)  in relation to proceedings commenced after the Part commences; and

                     (b)  in relation to proceedings that are pending in the Federal Magistrates Court immediately before that Part commences, as if the reference in subsection 10A(2) of the Federal Magistrates Act 1999 (as inserted by item 12 of this Schedule) to “be instituted, heard and determined” were a reference to “, after item 12 of Schedule 17 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 commences, be heard and determined”.

(2)       A person who is a Federal Magistrate (other than the Chief Federal Magistrate) of the Federal Magistrates Court immediately before Part 2 of this Schedule commences, is taken, for all purposes, not to have been assigned under clause 1A of Schedule 1 to the Federal Magistrates Act 1999 (as inserted by item 16 of this Schedule) to either Division of the Federal Magistrates Court.

Note:       A Federal Magistrate (including the Chief Federal Magistrate) who is not assigned to either Division of the Federal Magistrates Court may exercise the powers of the Federal Magistrates Court in either Division (see subsection 12(3C) of the Federal Magistrates Act 1999, as inserted by item 13 of this Schedule).

 

Access to Justice (Civil Litigation Reforms) Amendment Act 2009
(No. 117, 2009)

Schedule 3

14  Application of amendments

(1)       The amendments made by this Part, other than items 6 and 7, apply in relation to Judges and Federal Magistrates whether appointed before or after the commencement of the amendments.

 

Acts Interpretation Amendment Act 2011 (No. 46, 2011)

Schedule 3

10  Saving—appointments

The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.

11  Transitional regulations

The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.

 

Access to Justice (Federal Jurisdiction) Amendment Act 2012
(No. 186, 2012)

Schedule 2

11  Application of amendments

The amendments made by Part 1 apply in relation to proceedings (including interlocutory proceedings):

                     (a)  that are instituted in, or transferred to, a court on or after the commencement of that Part; or

                     (b)  that are pending in a court immediately before that commencement.

12  Saving—proceedings already heard

(3)       Despite the amendment made by item 6, section 61 of the Federal Magistrates Act 1999, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a proceeding heard by the Federal Magistrates Court before that commencement.

(4)       Despite the amendment made by item 6, the Federal Magistrates Act 1999, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an order made under section 61 of that Act before, on or after that commencement.

The following provisions commence on 11 June 2013 unless proclaimed earlier:

Schedule 3

11  Application of amendments

The power of a court to make a vexatious proceedings order under the Family Law Act 1975, the Federal Court of Australia Act 1976, the Federal Magistrates Act 1999 or the Judiciary Act 1903, as amended by this Schedule, applies in relation to proceedings instituted in, or transferred to, that court on or after the commencement of this item.

12  Saving—pending proceedings etc.

(3)       Despite the amendments made by this Schedule, rules of court, in relation to a court, that were in force immediately before the commencement of this item under the Family Law Act 1975, the Federal Court of Australia Act 1976, the Federal Magistrates Act 1999 or the Judiciary Act 1903 (to the extent the rules relate to vexatious proceedings) continue to apply on and after that commencement in relation to proceedings that were pending in the court immediately before that commencement.

(4)       The amendments made by this Schedule do not affect the validity of any orders that were made before the commencement of this item under rules of court made under the Family Law Act 1975, the Federal Court of Australia Act 1976, the Federal Magistrates Act 1999 or the Judiciary Act 1903 (to the extent the rules relate to vexatious proceedings).