This instrument is the Federal Circuit and Family Court of Australia (Commonwealth Tenancy Disputes) Instrument 2026.

(1) Each provision of this instrument 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.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	The day after this instrument is registered.	13 February 2026

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under section 133 of the Federal Circuit and Family Court of Australia Act 2021.

4 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5 Definitions

In this instrument:

Act means the Federal Circuit and Family Court of Australia Act 2021.

ACT Residential Tenancies Act means the Residential Tenancies Act 1997 (ACT), as in force in the Jervis Bay Territory under section 4A of the Jervis Bay Territory Acceptance Act 1915.

Jervis Bay Territory tenancies law means the ACT Residential Tenancies Act and any instruments made under that Act as they apply in the Jervis Bay Territory.

NSW tenancies law means the Residential Tenancies Act 2010 (NSW) and any instruments made under that Act as in force from time to time.

relevant Registrar means any of the following:

(a) the Chief Executive Officer;

(b) a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 2).

Part 2—Conferral of jurisdiction

6 Commonwealth tenancy disputes involving land in external Territory or Jervis Bay Territory and Commonwealth officer or employee

For the purposes of subsection 133(2) of the Act, the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine a Commonwealth tenancy dispute involving land in an external Territory or in the Jervis Bay Territory between the parties to a lease, licence or other arrangement in which:

(a) the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is:

(i) the lessor (other than as a sublessor); or

(ii) the licensor (other than as a sublicensor); or

(iii) the grantor of a right or permission to possess, occupy or use land owned by the Commonwealth; and

(b) a Commonwealth officer or employee (other than a member of the Australian Defence Force) is:

(i) the lessee (other than as a sublessee); or

(ii) the licensee (other than as a sublicensee); or

(iii) the grantee of the right or permission.

Part 3—Provisions for particular forms of Commonwealth tenancy disputes

Division 1—Commonwealth tenancy disputes involving land in New South Wales

7 Operation of this Division

(1) For the purposes of subsection 133(3) of the Act, this Division makes provision in respect of a Commonwealth tenancy dispute if:

(a) the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine the dispute; and

(b) the dispute involves land in New South Wales; and

(2) Nothing in this Division has effect so as to confer non‑judicial power on the Federal Circuit and Family Court of Australia (Division 2), unless the non‑judicial power is incidental to the exercise of judicial power by the Court.

8 Rights of the parties

A party to the Commonwealth tenancy dispute who is a tenant within the meaning of the Residential Tenancies Act 2010 (NSW) must not make an application to the Civil and Administrative Tribunal under that Act in relation to the lease, licence or other arrangement that is the subject of the dispute.

9 Law to be applied and modifications

(1) In determining the Commonwealth tenancy dispute, the NSW tenancies law is to be applied with the modifications set out in this section.

(2) The NSW tenancies law is to be applied as if:

(a) a reference to the Tribunal were a reference to the Federal Circuit and Family Court of Australia (Division 2); and

(b) a reference to the principal registrar of the Tribunal were a reference to a relevant Registrar; and

(c) a reference to the Sheriff or to a sheriff’s officer were a reference to the Sheriff of the Federal Circuit and Family Court of Australia (Division 2).

(3) The Residential Tenancies Act 2010 (NSW) is to be applied as if it included the following provision:

“Despite anything else in this Act, if the Federal Circuit and Family Court of Australia (Division 2) makes a termination order in respect of residential premises, the Court may make such orders as it considers appropriate in relation to the day that vacant possession of the premises is to be given to the landlord.”.

10 Powers of the Court

In determining the Commonwealth tenancy dispute, the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the Civil and Administrative Tribunal under the NSW tenancies law that are relevant to determining the dispute.

11 Powers when executing orders made by the Court

(1) If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over the Commonwealth tenancy dispute:

(a) the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the Civil and Administrative Tribunal under the NSW tenancies law; and

(b) a relevant Registrar may exercise any powers of the principal registrar of the Civil and Administrative Tribunal under the NSW tenancies law; and

(c) the Sheriff or a Deputy Sheriff of the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of a sheriff’s officer under section 7A of the Sheriff Act 2005 (NSW);

to the extent that those powers are relevant to the execution of the order.

(2) In exercising a power of a sheriff’s officer under section 7A of the Sheriff Act 2005 (NSW) to execute a warrant for possession of residential premises, the Sheriff or a Deputy Sheriff of the Federal Circuit and Family Court of Australia (Division 2) may obtain the assistance of a member or special member of the Australian Federal Police.

(3) To avoid doubt, nothing in this section limits any other power of:

(a) the Federal Circuit and Family Court of Australia (Division 2); or

(b) a relevant Registrar; or

Division 2—Commonwealth tenancy disputes involving land in the Jervis Bay Territory

Subdivision A—Disputes involving tenancy arrangements other than certain leases

12 Operation of this Subdivision

(1) For the purposes of subsection 133(3) of the Act, this Subdivision makes provision in respect of a Commonwealth tenancy dispute if:

(a) the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine the dispute; and

(b) the dispute involves land in the Jervis Bay Territory; and

(d) the dispute does not involve a lease granted under subsection 5(1) of the Leases Ordinance 1992.

(2) Nothing in this Subdivision has effect so as to confer non‑judicial power on the Federal Circuit and Family Court of Australia (Division 2), unless the non‑judicial power is incidental to the exercise of judicial power by the Court.

13 Rights of the parties

A party to the Commonwealth tenancy dispute who is a tenant within the meaning of the ACT Residential Tenancies Act must not make an application to the ACT Civil and Administrative Tribunal under that Act in relation to the lease, licence or other arrangement that is the subject of the dispute.

14 Law to be applied and modifications

(1) In determining the Commonwealth tenancy dispute, the Jervis Bay Territory tenancies law is to be applied with the modifications set out in this section.

(2) The Jervis Bay Territory tenancies law is to be applied as if:

(a) a reference to the ACAT or the tribunal were a reference to the Federal Circuit and Family Court of Australia (Division 2); and

(b) a reference to the registrar were a reference to a relevant Registrar; and

(d) sections 76, 77, 78 and 86 of the ACT Residential Tenancies Act were omitted.

15 Powers of the Court

In determining the Commonwealth tenancy dispute, the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the ACT Civil and Administrative Tribunal under the Jervis Bay Territory tenancies law (as modified by paragraphs 14(2)(c) and (d)) that are relevant to determining the dispute.

16 Powers when executing orders made by the Court

If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over the Commonwealth tenancy dispute:

(a) the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the ACT Civil and Administrative Tribunal under the Jervis Bay Territory tenancies law as modified by paragraphs 14(2)(c) and (d); and

(b) a relevant Registrar may exercise any powers of a registrar of the ACT Civil and Administrative Tribunal under the Jervis Bay Territory tenancies law as modified by paragraphs 14(2)(c) and (d);

to the extent that those powers are relevant to the execution of the order.

Subdivision B—Disputes involving leases granted under the Leases Ordinance 1992

17 Operation of this Subdivision

(1) For the purposes of subsection 133(3) of the Act, this Subdivision makes provision in respect of a Commonwealth tenancy dispute if:

(a) the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine the dispute; and

(b) the dispute involves a lease granted under subsection 5(1) of the Leases Ordinance 1992; and

18 Rights of the parties

19 Law to be applied and modifications

(1) In determining the Commonwealth tenancy dispute, Jervis Bay Territory tenancies law is to be applied with the modifications set out in this section, as if the lease were a residential tenancy agreement.

(2) The Jervis Bay Territory tenancies law is to be applied as if:

(a) a reference to the ACAT or the tribunal were a reference to the Federal Circuit and Family Court of Australia (Division 2); and

(b) a reference to the registrar were a reference to a relevant Registrar; and

(c) a reference to standard residential tenancy terms or to Schedule 1 to the ACT Residential Tenancies Act were a reference to terms and conditions of the lease; and

(d) the reference to the Territory in paragraph 83(1)(c) of the ACT Residential Tenancies Act were omitted; and

(e) the following provisions of the ACT Residential Tenancies Act were omitted:

(i) Part 2;

(ii) paragraph 43(1)(b);

(iii) subparagraph 48(1)(a)(iv);

(iv) paragraph 54(1)(b);

(v) sections 76, 77 and 78;

(vi) paragraphs 82(a) and 83(1)(e);

(vii) section 86.

20 Powers of the Court

In determining the Commonwealth tenancy dispute, the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the ACT Civil and Administrative Tribunal under the Jervis Bay Territory tenancies law (as modified by paragraphs 19(2)(d) and (e)) that are relevant to determining the dispute.

21 Powers when executing orders made by the Court

If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over the Commonwealth tenancy dispute:

(b) a relevant Registrar may exercise any powers of a registrar of the ACT Civil and Administrative Tribunal under the Jervis Bay Territory tenancies law as modified by paragraphs 19(2)(d) and (e);

to the extent that those powers are relevant to the execution of the order.