{"id":"F2015L00265","name":"Federal Circuit and Family Court of Australia (Commonwealth Tenancy Disputes) Instrument 2015","slug":"federal-circuit-and-family-court-of-australia-commonwealth-tenancy-disputes-instrument-2015","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":92797,"registerId":"commonwealth-F2015L00265-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This is the Federal Circuit and Family Court of Australia (Commonwealth Tenancy Disputes) Instrument 2015.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 133 of the Federal Circuit and Family Court of Australia Act 2021.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this instrument:\n\n> Act means the Federal Circuit and Family Court of Australia Act 2021.\n\n> 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.\n\n> applicable Jervis Bay Territory law:\n\n    (a) in relation to a dispute covered by Subdivision A of Division 2 of Part 3—has the meaning given by subsection 13(4); and\n    (b) in relation to a dispute covered by Subdivision B of Division 2 of Part 3—has the meaning given by subsection 18(4).\n\n> applicable NSW law has the meaning given by subsection 7(2).\n\n> relevant Registrar, in relation to the Federal Circuit and Family Court of Australia (Division 2), means the following:\n\n    (a) the Chief Executive Officer and Principal Registrar (within the meaning of the Act);\n    (b) a Senior Registrar or Registrar of that court.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Conferral of jurisdiction","content":"## Part 2—Conferral of jurisdiction","sortOrder":4},{"sectionNumber":"4A","sectionType":"section","heading":"Commonwealth tenancy disputes involving non‑self‑governing territories","content":"#### 4A Commonwealth tenancy disputes involving non‑self‑governing territories\n\n  The Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine a Commonwealth tenancy dispute involving land in a non‑self‑governing Territory between the parties to a lease, licence or other arrangement in which:\n    (a) the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is:\n    (i) the lessor (other than as a sublessor); or\n    (ii) the licensor (other than as a sublicensor); or\n    (iii) the grantor of a right or permission to possess, occupy or use land owned by the Commonwealth; and\n    (b) a Commonwealth officer or employee (other than a member of the Defence Force) is:\n    (i) the lessee (other than a sublessee); or\n    (ii) the licensee (other than a sublicensee); or\n    (iii) the grantee of the right or permission.","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Provisions relating to Commonwealth tenancy disputes","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This is the Federal Circuit and Family Court of Australia (Commonwealth Tenancy Disputes) Instrument 2015.\n\n#### 3 Authority\n\n  This instrument is made under section 133 of the Federal Circuit and Family Court of Australia Act 2021.\n\n#### 4 Definitions\n\n  In this instrument:\n\n> Act means the Federal Circuit and Family Court of Australia Act 2021.\n\n> 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.\n\n> applicable Jervis Bay Territory law:\n\n    (a) in relation to a dispute covered by Subdivision A of Division 2 of Part 3—has the meaning given by subsection 13(4); and\n    (b) in relation to a dispute covered by Subdivision B of Division 2 of Part 3—has the meaning given by subsection 18(4).\n\n> applicable NSW law has the meaning given by subsection 7(2).\n\n> relevant Registrar, in relation to the Federal Circuit and Family Court of Australia (Division 2), means the following:\n\n    (a) the Chief Executive Officer and Principal Registrar (within the meaning of the Act);\n    (b) a Senior Registrar or Registrar of that court.\n\n## Part 2—Conferral of jurisdiction\n\n#### 4A Commonwealth tenancy disputes involving non‑self‑governing territories\n\n  The Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine a Commonwealth tenancy dispute involving land in a non‑self‑governing Territory between the parties to a lease, licence or other arrangement in which:\n    (a) the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is:\n    (i) the lessor (other than as a sublessor); or\n    (ii) the licensor (other than as a sublicensor); or\n    (iii) the grantor of a right or permission to possess, occupy or use land owned by the Commonwealth; and\n    (b) a Commonwealth officer or employee (other than a member of the Defence Force) is:\n    (i) the lessee (other than a sublessee); or\n    (ii) the licensee (other than a sublicensee); or\n    (iii) the grantee of the right or permission.\n\n## Part 3—Provisions relating to Commonwealth tenancy disputes\n\n### Division 1—Commonwealth tenancy disputes involving land in New South Wales\n\n#### 5 Operation of this Division\n\n  (1) This Division makes provision in relation to the following matters in respect of a Commonwealth tenancy dispute involving land in New South Wales:\n    (a) the rights of the parties to the dispute;\n    (b) the law to be applied in determining the dispute;\n    (c) the powers that the Federal Circuit and Family Court of Australia (Division 2) may exercise under that law;\n    (d) the powers that may be exercised when executing an order made by the Court.\n  (2) This Division does not apply in relation to a Commonwealth tenancy dispute involving land in New South Wales unless the dispute involves a tenancy within the meaning of the Residential Tenancies Act 2010 (NSW).\n  (3) 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.\n\n#### 6 Rights of the parties\n\n  (1) This section applies to a party to a Commonwealth tenancy dispute involving land in New South Wales if:\n    (a) the party is a tenant within the meaning of the Residential Tenancies Act 2010 (NSW); and\n    (b) the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine the dispute.\n  (2) The party must not make an application to the Civil and Administrative Tribunal under the Residential Tenancies Act 2010 (NSW) in relation to a lease, licence or other arrangement to possess, occupy or use land that is the subject of the dispute.\n\n#### 7 Law to be applied\n\n  (1) In determining a Commonwealth tenancy dispute involving land in New South Wales, the Residential Tenancies Act 2010 (NSW) and any regulations made under that Act are to be applied:\n    (a) to the extent necessary to determine the dispute; and\n    (b) subject to the modifications set out in section 8 of this instrument.\n  (2) The law mentioned in subsection (1) is the applicable NSW law.\n\n#### 8 Modifications of applicable NSW law\n\n  (1) The applicable NSW law is to be applied as if:\n    (a) a reference to the Tribunal were a reference to the Federal Circuit and Family Court of Australia (Division 2); and\n    (b) a reference to the principal registrar of the Tribunal were a reference to a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2); and\n    (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).\n  (2) The Residential Tenancies Act 2010 (NSW) is to be applied as if it included the following section:\n  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 vacant possession of the premises is to be given to the landlord.\n\n#### 9 Powers of the Court\n\n  In determining a Commonwealth tenancy dispute involving land in New South Wales, the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers that are:\n    (a) powers of the Civil and Administrative Tribunal under the applicable NSW law; and\n    (b) relevant to determining the dispute.\n\n#### 10 Powers when executing orders made by the Court\n\n  (1) If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over a Commonwealth tenancy dispute involving land in New South Wales:\n    (a) the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the Civil and Administrative Tribunal under the applicable NSW law; and\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the principal registrar of the Civil and Administrative Tribunal under the applicable NSW law; and\n    (c) subject to subsection (2), 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);\n  to the extent that those powers are relevant to the execution or enforcement of the order.\n  (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):\n    (a) may obtain the assistance of a member or special member of the Australian Federal Police; and\n    (b) must not enter a dwelling house between 9 pm one day and 6 am the next day unless the Sheriff or Deputy Sheriff reasonably believes that it would not be practicable to execute the warrant at another time; and\n    (c) must not use more force, or subject any person on the premises to greater indignity, than is necessary and reasonable to execute the warrant; and\n    (d) must not do anything that is likely to cause the death of, or grievous bodily harm to, any person on the premises unless the Sheriff or Deputy Sheriff reasonably believes that doing that thing is necessary to protect life or prevent serious injury to another person (including the Sheriff or Deputy Sheriff).\n  (3) To avoid doubt, nothing in this section limits any other power of:\n    (a) the Federal Circuit and Family Court of Australia (Division 2); or\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2); or\n    (c) the Sheriff or a Deputy Sheriff of the Federal Circuit and Family Court of Australia (Division 2).\n\n### Division 2—Commonwealth tenancy disputes involving land in the Jervis Bay Territory\n\n#### Subdivision A—Disputes involving tenancy arrangements to which the ACT Residential Tenancies Act applies\n\n#### 11 Operation of this Subdivision\n\n  (1) This Subdivision makes provision in relation to the following matters in respect of a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the rights of the parties to the dispute;\n    (b) the law to be applied in determining the dispute;\n    (c) the powers that the Federal Circuit and Family Court of Australia (Division 2) may exercise under that law;\n    (d) the powers that may be exercised when executing an order made by the Court.\n  (2) This Subdivision does not apply in relation to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory unless:\n    (a) the dispute involves a residential tenancy agreement within the meaning of the ACT Residential Tenancies Act; and\n    (b) disregarding the effect of this instrument, the ACT Residential Tenancies Act applies to the residential tenancy agreement.\n  (3) 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.\n\n#### 12 Rights of the parties\n\n  (1) This section applies to a party to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory if:\n    (a) the party is a tenant within the meaning of the ACT Residential Tenancies Act; and\n    (b) the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine the dispute.\n  (2) The party must not make an application to the ACT Civil and Administrative Tribunal under the ACT Residential Tenancies Act in relation to a lease, licence or other arrangement to possess, occupy or use land that is the subject of the dispute.\n\n#### 13 Law to be applied\n\n  (1) This section applies when determining a Commonwealth tenancy dispute involving:\n    (a) land in the Jervis Bay Territory; and\n    (b) any of the following:\n    (i) the recovery of rent or other payments payable under or in relation to a lease, licence or other arrangement;\n    (ii) the termination, or proposed termination, of a lease, licence or other arrangement;\n    (iii) the possession, occupation or use of the land.\n  (2) To the extent that the Commonwealth tenancy dispute covers the matter mentioned in subparagraph (1)(b)(i), the following provisions:\n    (a) section 83 of the ACT Residential Tenancies Act;\n    (b) any other provision of that Act or regulations made under that Act, to the extent that it relates to section 83 of that Act;\n  are to be applied:\n    (c) to the extent necessary to determine the dispute; and\n    (d) subject to the modifications set out in section 14 of this instrument.\n  (3) To the extent that the Commonwealth tenancy dispute covers a matter mentioned in subparagraph (1)(b)(ii) or (iii), the following provisions:\n    (a) Part 4 of the ACT Residential Tenancies Act;\n    (b) section 83 of that Act;\n    (c) clauses 92 and 93 of Schedule 1 to that Act;\n    (d) any other provision of that Act or regulations made under that Act, to the extent that they relate to Part 4 or section 83 of that Act, or clause 92 or 93 of Schedule 1 to that Act;\n  are to be applied:\n    (e) to the extent necessary to determine the dispute; and\n    (f) subject to the modifications set out in section 14 of this instrument.\n  (4) The provisions mentioned in subsections (2) and (3) are the applicable Jervis Bay Territory law.\n\n#### 14 Modifications of applicable Jervis Bay Territory law\n\n  (1) The applicable Jervis Bay Territory law is to be applied as if:\n    (a) a reference to the ACAT or the tribunal were a reference to the Federal Circuit and Family Court of Australia (Division 2); and\n    (b) a reference to the registrar were a reference to a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2).\n  (2) The ACT Residential Tenancies Act is to be applied as if sections 76, 77, 78 and 86 were excluded.\n\n#### 15 Powers of the Court\n\n  In determining a Commonwealth tenancy dispute involving land in the Jervis Bay Territory, the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers that are:\n    (a) powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) relevant to determining the dispute.\n\n#### 15A Powers when executing orders made by the Court\n\n  If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of a registrar of the ACT Civil and Administrative Tribunal;\n  to the extent that those powers are relevant to the execution or enforcement of the order.\n\n#### Subdivision B—Disputes involving tenancy arrangements to which the ACT Residential Tenancies Act does not apply\n\n#### 16 Operation of this Subdivision\n\n  (1) This Subdivision makes provision in relation to the following matters in respect of a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the rights of the parties to the dispute;\n    (b) the law to be applied in determining the dispute;\n    (c) the powers that the Federal Circuit and Family Court of Australia (Division 2) may exercise under that law;\n    (d) the powers that may be exercised when executing an order made by the Court.\n  (2) This Subdivision does not apply in relation to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory unless:\n    (a) disregarding the effect of this instrument, the ACT Residential Tenancies Act does not apply in relation to the relevant lease, licence or other arrangement; but\n    (b) if that Act did apply, the lease, licence or other arrangement would involve a residential tenancy agreement within the meaning of that Act.\n  (3) 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.\n\n#### 17 Rights of the parties\n\n  (1) This section applies to a party to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory if:\n    (a) the party is a tenant within the meaning of the ACT Residential Tenancies Act; and\n    (b) the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine the dispute.\n  (2) The party must not make an application to the ACT Civil and Administrative Tribunal under the ACT Residential Tenancies Act in relation to a lease, licence or other arrangement to possess, occupy or use land that is the subject of the dispute.\n\n#### 18 Law to be applied\n\n  (1) This section applies when determining a Commonwealth tenancy dispute involving:\n    (a) land in the Jervis Bay Territory; and\n    (b) any of the following:\n    (i) the recovery of rent or other payments payable under or in relation to a lease, licence or other arrangement;\n    (ii) the termination, or proposed termination, of a lease, licence or other arrangement;\n    (iii) the possession, occupation or use of the land.\n  (2) To the extent that the Commonwealth tenancy dispute covers the matter mentioned in subparagraph (1)(b)(i), the following provisions:\n    (a) section 83 of the ACT Residential Tenancies Act;\n    (b) any other provision of that Act or regulations made under that Act, to the extent that it relates to section 83 of that Act;\n  are to be applied:\n    (c) to the extent necessary to determine the dispute; and\n    (d) subject to the modifications set out in section 19 of this instrument.\n  (3) To the extent that the Commonwealth tenancy dispute covers a matter mentioned in subparagraph (1)(b)(ii) or (iii), the following provisions:\n    (a) Part 4 of the ACT Residential Tenancies Act;\n    (b) section 83 of that Act;\n    (c) any other provision of that Act or regulations made under that Act, to the extent that they relate to Part 4 or section 83 of that Act;\n  are to be applied:\n    (d) to the extent necessary to determine the dispute; and\n    (e) subject to the modifications set out in section 19 of this instrument.\n  (4) The provisions mentioned in subsections (2) and (3) are the applicable Jervis Bay Territory law.\n\n#### 19 Modifications of applicable Jervis Bay Territory law\n\n  (1) The applicable Jervis Bay Territory law is to be applied as if:\n    (a) a reference to the ACAT or the tribunal were a reference to the Federal Circuit and Family Court of Australia (Division 2); and\n    (b) a reference to the registrar were a reference to a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2); and\n    (c) a reference to a residential tenancy agreement were a reference to a lease, licence or other arrangement; and\n    (d) a reference to standard residential tenancy terms were a reference to terms and conditions of the lease, licence or other arrangement; and\n    (e) a reference to a tenancy dispute were a reference to a Commonwealth tenancy dispute; and\n    (f) the reference to the Territory in paragraph 83(c) were omitted; and\n    (g) a reference to “under the Residential Tenancies Act 1997, schedule 1” in subparagraph 5(a)(iii) of the Residential Tenancies Regulation 1998 (ACT) were a reference to “under the lease, licence or other arrangement”.\n  (2) The ACT Residential Tenancies Act is to be applied as if the following provisions of that Act were excluded:\n    (a) Part 2;\n    (b) paragraph 43(1)(b);\n    (c) subparagraph 48(1)(a)(iv);\n    (d) paragraph 54(1)(b);\n    (e) sections 72, 76, 77 and 78;\n    (f) paragraphs 82(a) and 83(e);\n    (g) section 86.\n\n#### 20 Powers of the Court\n\n  In determining a Commonwealth tenancy dispute involving land in the Jervis Bay Territory, the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers that are:\n    (a) powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) relevant to determining the dispute.\n\n#### 21 Powers when executing orders made by the Court\n\n  If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of a registrar of the ACT Civil and Administrative Tribunal;\n  to the extent that those powers are relevant to the execution or enforcement of the order.\n\n## Part 4—Transitional and application provisions\n\n### Division 1—Application of the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2017\n\n#### 50 Application of amendments\n\nThe amendments made by the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2017 apply in relation to Commonwealth tenancy disputes arising before or after the commencement of that instrument\n\n### Division 2—Application of the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2021\n\n#### 51 Application of amendments\n\nThe amendments made by the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2021 apply in relation to Commonwealth tenancy disputes arising before or after the commencement of that instrument.","sortOrder":6},{"sectionNumber":"Division 1","sectionType":"division","heading":"Commonwealth tenancy disputes involving land in New South Wales","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This is the Federal Circuit and Family Court of Australia (Commonwealth Tenancy Disputes) Instrument 2015.\n\n#### 3 Authority\n\n  This instrument is made under section 133 of the Federal Circuit and Family Court of Australia Act 2021.\n\n#### 4 Definitions\n\n  In this instrument:\n\n> Act means the Federal Circuit and Family Court of Australia Act 2021.\n\n> 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.\n\n> applicable Jervis Bay Territory law:\n\n    (a) in relation to a dispute covered by Subdivision A of Division 2 of Part 3—has the meaning given by subsection 13(4); and\n    (b) in relation to a dispute covered by Subdivision B of Division 2 of Part 3—has the meaning given by subsection 18(4).\n\n> applicable NSW law has the meaning given by subsection 7(2).\n\n> relevant Registrar, in relation to the Federal Circuit and Family Court of Australia (Division 2), means the following:\n\n    (a) the Chief Executive Officer and Principal Registrar (within the meaning of the Act);\n    (b) a Senior Registrar or Registrar of that court.\n\n## Part 2—Conferral of jurisdiction\n\n#### 4A Commonwealth tenancy disputes involving non‑self‑governing territories\n\n  The Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine a Commonwealth tenancy dispute involving land in a non‑self‑governing Territory between the parties to a lease, licence or other arrangement in which:\n    (a) the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is:\n    (i) the lessor (other than as a sublessor); or\n    (ii) the licensor (other than as a sublicensor); or\n    (iii) the grantor of a right or permission to possess, occupy or use land owned by the Commonwealth; and\n    (b) a Commonwealth officer or employee (other than a member of the Defence Force) is:\n    (i) the lessee (other than a sublessee); or\n    (ii) the licensee (other than a sublicensee); or\n    (iii) the grantee of the right or permission.\n\n## Part 3—Provisions relating to Commonwealth tenancy disputes\n\n### Division 1—Commonwealth tenancy disputes involving land in New South Wales\n\n#### 5 Operation of this Division\n\n  (1) This Division makes provision in relation to the following matters in respect of a Commonwealth tenancy dispute involving land in New South Wales:\n    (a) the rights of the parties to the dispute;\n    (b) the law to be applied in determining the dispute;\n    (c) the powers that the Federal Circuit and Family Court of Australia (Division 2) may exercise under that law;\n    (d) the powers that may be exercised when executing an order made by the Court.\n  (2) This Division does not apply in relation to a Commonwealth tenancy dispute involving land in New South Wales unless the dispute involves a tenancy within the meaning of the Residential Tenancies Act 2010 (NSW).\n  (3) 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.\n\n#### 6 Rights of the parties\n\n  (1) This section applies to a party to a Commonwealth tenancy dispute involving land in New South Wales if:\n    (a) the party is a tenant within the meaning of the Residential Tenancies Act 2010 (NSW); and\n    (b) the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine the dispute.\n  (2) The party must not make an application to the Civil and Administrative Tribunal under the Residential Tenancies Act 2010 (NSW) in relation to a lease, licence or other arrangement to possess, occupy or use land that is the subject of the dispute.\n\n#### 7 Law to be applied\n\n  (1) In determining a Commonwealth tenancy dispute involving land in New South Wales, the Residential Tenancies Act 2010 (NSW) and any regulations made under that Act are to be applied:\n    (a) to the extent necessary to determine the dispute; and\n    (b) subject to the modifications set out in section 8 of this instrument.\n  (2) The law mentioned in subsection (1) is the applicable NSW law.\n\n#### 8 Modifications of applicable NSW law\n\n  (1) The applicable NSW law is to be applied as if:\n    (a) a reference to the Tribunal were a reference to the Federal Circuit and Family Court of Australia (Division 2); and\n    (b) a reference to the principal registrar of the Tribunal were a reference to a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2); and\n    (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).\n  (2) The Residential Tenancies Act 2010 (NSW) is to be applied as if it included the following section:\n  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 vacant possession of the premises is to be given to the landlord.\n\n#### 9 Powers of the Court\n\n  In determining a Commonwealth tenancy dispute involving land in New South Wales, the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers that are:\n    (a) powers of the Civil and Administrative Tribunal under the applicable NSW law; and\n    (b) relevant to determining the dispute.\n\n#### 10 Powers when executing orders made by the Court\n\n  (1) If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over a Commonwealth tenancy dispute involving land in New South Wales:\n    (a) the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the Civil and Administrative Tribunal under the applicable NSW law; and\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the principal registrar of the Civil and Administrative Tribunal under the applicable NSW law; and\n    (c) subject to subsection (2), 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);\n  to the extent that those powers are relevant to the execution or enforcement of the order.\n  (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):\n    (a) may obtain the assistance of a member or special member of the Australian Federal Police; and\n    (b) must not enter a dwelling house between 9 pm one day and 6 am the next day unless the Sheriff or Deputy Sheriff reasonably believes that it would not be practicable to execute the warrant at another time; and\n    (c) must not use more force, or subject any person on the premises to greater indignity, than is necessary and reasonable to execute the warrant; and\n    (d) must not do anything that is likely to cause the death of, or grievous bodily harm to, any person on the premises unless the Sheriff or Deputy Sheriff reasonably believes that doing that thing is necessary to protect life or prevent serious injury to another person (including the Sheriff or Deputy Sheriff).\n  (3) To avoid doubt, nothing in this section limits any other power of:\n    (a) the Federal Circuit and Family Court of Australia (Division 2); or\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2); or\n    (c) the Sheriff or a Deputy Sheriff of the Federal Circuit and Family Court of Australia (Division 2).\n\n### Division 2—Commonwealth tenancy disputes involving land in the Jervis Bay Territory\n\n#### Subdivision A—Disputes involving tenancy arrangements to which the ACT Residential Tenancies Act applies\n\n#### 11 Operation of this Subdivision\n\n  (1) This Subdivision makes provision in relation to the following matters in respect of a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the rights of the parties to the dispute;\n    (b) the law to be applied in determining the dispute;\n    (c) the powers that the Federal Circuit and Family Court of Australia (Division 2) may exercise under that law;\n    (d) the powers that may be exercised when executing an order made by the Court.\n  (2) This Subdivision does not apply in relation to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory unless:\n    (a) the dispute involves a residential tenancy agreement within the meaning of the ACT Residential Tenancies Act; and\n    (b) disregarding the effect of this instrument, the ACT Residential Tenancies Act applies to the residential tenancy agreement.\n  (3) 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.\n\n#### 12 Rights of the parties\n\n  (1) This section applies to a party to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory if:\n    (a) the party is a tenant within the meaning of the ACT Residential Tenancies Act; and\n    (b) the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine the dispute.\n  (2) The party must not make an application to the ACT Civil and Administrative Tribunal under the ACT Residential Tenancies Act in relation to a lease, licence or other arrangement to possess, occupy or use land that is the subject of the dispute.\n\n#### 13 Law to be applied\n\n  (1) This section applies when determining a Commonwealth tenancy dispute involving:\n    (a) land in the Jervis Bay Territory; and\n    (b) any of the following:\n    (i) the recovery of rent or other payments payable under or in relation to a lease, licence or other arrangement;\n    (ii) the termination, or proposed termination, of a lease, licence or other arrangement;\n    (iii) the possession, occupation or use of the land.\n  (2) To the extent that the Commonwealth tenancy dispute covers the matter mentioned in subparagraph (1)(b)(i), the following provisions:\n    (a) section 83 of the ACT Residential Tenancies Act;\n    (b) any other provision of that Act or regulations made under that Act, to the extent that it relates to section 83 of that Act;\n  are to be applied:\n    (c) to the extent necessary to determine the dispute; and\n    (d) subject to the modifications set out in section 14 of this instrument.\n  (3) To the extent that the Commonwealth tenancy dispute covers a matter mentioned in subparagraph (1)(b)(ii) or (iii), the following provisions:\n    (a) Part 4 of the ACT Residential Tenancies Act;\n    (b) section 83 of that Act;\n    (c) clauses 92 and 93 of Schedule 1 to that Act;\n    (d) any other provision of that Act or regulations made under that Act, to the extent that they relate to Part 4 or section 83 of that Act, or clause 92 or 93 of Schedule 1 to that Act;\n  are to be applied:\n    (e) to the extent necessary to determine the dispute; and\n    (f) subject to the modifications set out in section 14 of this instrument.\n  (4) The provisions mentioned in subsections (2) and (3) are the applicable Jervis Bay Territory law.\n\n#### 14 Modifications of applicable Jervis Bay Territory law\n\n  (1) The applicable Jervis Bay Territory law is to be applied as if:\n    (a) a reference to the ACAT or the tribunal were a reference to the Federal Circuit and Family Court of Australia (Division 2); and\n    (b) a reference to the registrar were a reference to a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2).\n  (2) The ACT Residential Tenancies Act is to be applied as if sections 76, 77, 78 and 86 were excluded.\n\n#### 15 Powers of the Court\n\n  In determining a Commonwealth tenancy dispute involving land in the Jervis Bay Territory, the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers that are:\n    (a) powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) relevant to determining the dispute.\n\n#### 15A Powers when executing orders made by the Court\n\n  If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of a registrar of the ACT Civil and Administrative Tribunal;\n  to the extent that those powers are relevant to the execution or enforcement of the order.\n\n#### Subdivision B—Disputes involving tenancy arrangements to which the ACT Residential Tenancies Act does not apply\n\n#### 16 Operation of this Subdivision\n\n  (1) This Subdivision makes provision in relation to the following matters in respect of a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the rights of the parties to the dispute;\n    (b) the law to be applied in determining the dispute;\n    (c) the powers that the Federal Circuit and Family Court of Australia (Division 2) may exercise under that law;\n    (d) the powers that may be exercised when executing an order made by the Court.\n  (2) This Subdivision does not apply in relation to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory unless:\n    (a) disregarding the effect of this instrument, the ACT Residential Tenancies Act does not apply in relation to the relevant lease, licence or other arrangement; but\n    (b) if that Act did apply, the lease, licence or other arrangement would involve a residential tenancy agreement within the meaning of that Act.\n  (3) 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.\n\n#### 17 Rights of the parties\n\n  (1) This section applies to a party to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory if:\n    (a) the party is a tenant within the meaning of the ACT Residential Tenancies Act; and\n    (b) the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine the dispute.\n  (2) The party must not make an application to the ACT Civil and Administrative Tribunal under the ACT Residential Tenancies Act in relation to a lease, licence or other arrangement to possess, occupy or use land that is the subject of the dispute.\n\n#### 18 Law to be applied\n\n  (1) This section applies when determining a Commonwealth tenancy dispute involving:\n    (a) land in the Jervis Bay Territory; and\n    (b) any of the following:\n    (i) the recovery of rent or other payments payable under or in relation to a lease, licence or other arrangement;\n    (ii) the termination, or proposed termination, of a lease, licence or other arrangement;\n    (iii) the possession, occupation or use of the land.\n  (2) To the extent that the Commonwealth tenancy dispute covers the matter mentioned in subparagraph (1)(b)(i), the following provisions:\n    (a) section 83 of the ACT Residential Tenancies Act;\n    (b) any other provision of that Act or regulations made under that Act, to the extent that it relates to section 83 of that Act;\n  are to be applied:\n    (c) to the extent necessary to determine the dispute; and\n    (d) subject to the modifications set out in section 19 of this instrument.\n  (3) To the extent that the Commonwealth tenancy dispute covers a matter mentioned in subparagraph (1)(b)(ii) or (iii), the following provisions:\n    (a) Part 4 of the ACT Residential Tenancies Act;\n    (b) section 83 of that Act;\n    (c) any other provision of that Act or regulations made under that Act, to the extent that they relate to Part 4 or section 83 of that Act;\n  are to be applied:\n    (d) to the extent necessary to determine the dispute; and\n    (e) subject to the modifications set out in section 19 of this instrument.\n  (4) The provisions mentioned in subsections (2) and (3) are the applicable Jervis Bay Territory law.\n\n#### 19 Modifications of applicable Jervis Bay Territory law\n\n  (1) The applicable Jervis Bay Territory law is to be applied as if:\n    (a) a reference to the ACAT or the tribunal were a reference to the Federal Circuit and Family Court of Australia (Division 2); and\n    (b) a reference to the registrar were a reference to a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2); and\n    (c) a reference to a residential tenancy agreement were a reference to a lease, licence or other arrangement; and\n    (d) a reference to standard residential tenancy terms were a reference to terms and conditions of the lease, licence or other arrangement; and\n    (e) a reference to a tenancy dispute were a reference to a Commonwealth tenancy dispute; and\n    (f) the reference to the Territory in paragraph 83(c) were omitted; and\n    (g) a reference to “under the Residential Tenancies Act 1997, schedule 1” in subparagraph 5(a)(iii) of the Residential Tenancies Regulation 1998 (ACT) were a reference to “under the lease, licence or other arrangement”.\n  (2) The ACT Residential Tenancies Act is to be applied as if the following provisions of that Act were excluded:\n    (a) Part 2;\n    (b) paragraph 43(1)(b);\n    (c) subparagraph 48(1)(a)(iv);\n    (d) paragraph 54(1)(b);\n    (e) sections 72, 76, 77 and 78;\n    (f) paragraphs 82(a) and 83(e);\n    (g) section 86.\n\n#### 20 Powers of the Court\n\n  In determining a Commonwealth tenancy dispute involving land in the Jervis Bay Territory, the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers that are:\n    (a) powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) relevant to determining the dispute.\n\n#### 21 Powers when executing orders made by the Court\n\n  If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of a registrar of the ACT Civil and Administrative Tribunal;\n  to the extent that those powers are relevant to the execution or enforcement of the order.\n\n## Part 4—Transitional and application provisions\n\n### Division 1—Application of the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2017\n\n#### 50 Application of amendments\n\nThe amendments made by the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2017 apply in relation to Commonwealth tenancy disputes arising before or after the commencement of that instrument\n\n### Division 2—Application of the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2021\n\n#### 51 Application of amendments\n\nThe amendments made by the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2021 apply in relation to Commonwealth tenancy disputes arising before or after the commencement of that instrument.","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Operation of this Division","content":"#### 5 Operation of this Division\n\n  (1) This Division makes provision in relation to the following matters in respect of a Commonwealth tenancy dispute involving land in New South Wales:\n    (a) the rights of the parties to the dispute;\n    (b) the law to be applied in determining the dispute;\n    (c) the powers that the Federal Circuit and Family Court of Australia (Division 2) may exercise under that law;\n    (d) the powers that may be exercised when executing an order made by the Court.\n  (2) This Division does not apply in relation to a Commonwealth tenancy dispute involving land in New South Wales unless the dispute involves a tenancy within the meaning of the Residential Tenancies Act 2010 (NSW).\n  (3) 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.","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Rights of the parties","content":"#### 6 Rights of the parties\n\n  (1) This section applies to a party to a Commonwealth tenancy dispute involving land in New South Wales if:\n    (a) the party is a tenant within the meaning of the Residential Tenancies Act 2010 (NSW); and\n    (b) the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine the dispute.\n  (2) The party must not make an application to the Civil and Administrative Tribunal under the Residential Tenancies Act 2010 (NSW) in relation to a lease, licence or other arrangement to possess, occupy or use land that is the subject of the dispute.","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Law to be applied","content":"#### 7 Law to be applied\n\n  (1) In determining a Commonwealth tenancy dispute involving land in New South Wales, the Residential Tenancies Act 2010 (NSW) and any regulations made under that Act are to be applied:\n    (a) to the extent necessary to determine the dispute; and\n    (b) subject to the modifications set out in section 8 of this instrument.\n  (2) The law mentioned in subsection (1) is the applicable NSW law.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Modifications of applicable NSW law","content":"#### 8 Modifications of applicable NSW law\n\n  (1) The applicable NSW law is to be applied as if:\n    (a) a reference to the Tribunal were a reference to the Federal Circuit and Family Court of Australia (Division 2); and\n    (b) a reference to the principal registrar of the Tribunal were a reference to a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2); and\n    (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).\n  (2) The Residential Tenancies Act 2010 (NSW) is to be applied as if it included the following section:\n  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 vacant possession of the premises is to be given to the landlord.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Powers of the Court","content":"#### 9 Powers of the Court\n\n  In determining a Commonwealth tenancy dispute involving land in New South Wales, the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers that are:\n    (a) powers of the Civil and Administrative Tribunal under the applicable NSW law; and\n    (b) relevant to determining the dispute.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Powers when executing orders made by the Court","content":"#### 10 Powers when executing orders made by the Court\n\n  (1) If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over a Commonwealth tenancy dispute involving land in New South Wales:\n    (a) the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the Civil and Administrative Tribunal under the applicable NSW law; and\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the principal registrar of the Civil and Administrative Tribunal under the applicable NSW law; and\n    (c) subject to subsection (2), 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);\n  to the extent that those powers are relevant to the execution or enforcement of the order.\n  (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):\n    (a) may obtain the assistance of a member or special member of the Australian Federal Police; and\n    (b) must not enter a dwelling house between 9 pm one day and 6 am the next day unless the Sheriff or Deputy Sheriff reasonably believes that it would not be practicable to execute the warrant at another time; and\n    (c) must not use more force, or subject any person on the premises to greater indignity, than is necessary and reasonable to execute the warrant; and\n    (d) must not do anything that is likely to cause the death of, or grievous bodily harm to, any person on the premises unless the Sheriff or Deputy Sheriff reasonably believes that doing that thing is necessary to protect life or prevent serious injury to another person (including the Sheriff or Deputy Sheriff).\n  (3) To avoid doubt, nothing in this section limits any other power of:\n    (a) the Federal Circuit and Family Court of Australia (Division 2); or\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2); or\n    (c) the Sheriff or a Deputy Sheriff of the Federal Circuit and Family Court of Australia (Division 2).","sortOrder":13},{"sectionNumber":"Division 2","sectionType":"division","heading":"Commonwealth tenancy disputes involving land in the Jervis Bay Territory","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This is the Federal Circuit and Family Court of Australia (Commonwealth Tenancy Disputes) Instrument 2015.\n\n#### 3 Authority\n\n  This instrument is made under section 133 of the Federal Circuit and Family Court of Australia Act 2021.\n\n#### 4 Definitions\n\n  In this instrument:\n\n> Act means the Federal Circuit and Family Court of Australia Act 2021.\n\n> 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.\n\n> applicable Jervis Bay Territory law:\n\n    (a) in relation to a dispute covered by Subdivision A of Division 2 of Part 3—has the meaning given by subsection 13(4); and\n    (b) in relation to a dispute covered by Subdivision B of Division 2 of Part 3—has the meaning given by subsection 18(4).\n\n> applicable NSW law has the meaning given by subsection 7(2).\n\n> relevant Registrar, in relation to the Federal Circuit and Family Court of Australia (Division 2), means the following:\n\n    (a) the Chief Executive Officer and Principal Registrar (within the meaning of the Act);\n    (b) a Senior Registrar or Registrar of that court.\n\n## Part 2—Conferral of jurisdiction\n\n#### 4A Commonwealth tenancy disputes involving non‑self‑governing territories\n\n  The Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine a Commonwealth tenancy dispute involving land in a non‑self‑governing Territory between the parties to a lease, licence or other arrangement in which:\n    (a) the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is:\n    (i) the lessor (other than as a sublessor); or\n    (ii) the licensor (other than as a sublicensor); or\n    (iii) the grantor of a right or permission to possess, occupy or use land owned by the Commonwealth; and\n    (b) a Commonwealth officer or employee (other than a member of the Defence Force) is:\n    (i) the lessee (other than a sublessee); or\n    (ii) the licensee (other than a sublicensee); or\n    (iii) the grantee of the right or permission.\n\n## Part 3—Provisions relating to Commonwealth tenancy disputes\n\n### Division 1—Commonwealth tenancy disputes involving land in New South Wales\n\n#### 5 Operation of this Division\n\n  (1) This Division makes provision in relation to the following matters in respect of a Commonwealth tenancy dispute involving land in New South Wales:\n    (a) the rights of the parties to the dispute;\n    (b) the law to be applied in determining the dispute;\n    (c) the powers that the Federal Circuit and Family Court of Australia (Division 2) may exercise under that law;\n    (d) the powers that may be exercised when executing an order made by the Court.\n  (2) This Division does not apply in relation to a Commonwealth tenancy dispute involving land in New South Wales unless the dispute involves a tenancy within the meaning of the Residential Tenancies Act 2010 (NSW).\n  (3) 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.\n\n#### 6 Rights of the parties\n\n  (1) This section applies to a party to a Commonwealth tenancy dispute involving land in New South Wales if:\n    (a) the party is a tenant within the meaning of the Residential Tenancies Act 2010 (NSW); and\n    (b) the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine the dispute.\n  (2) The party must not make an application to the Civil and Administrative Tribunal under the Residential Tenancies Act 2010 (NSW) in relation to a lease, licence or other arrangement to possess, occupy or use land that is the subject of the dispute.\n\n#### 7 Law to be applied\n\n  (1) In determining a Commonwealth tenancy dispute involving land in New South Wales, the Residential Tenancies Act 2010 (NSW) and any regulations made under that Act are to be applied:\n    (a) to the extent necessary to determine the dispute; and\n    (b) subject to the modifications set out in section 8 of this instrument.\n  (2) The law mentioned in subsection (1) is the applicable NSW law.\n\n#### 8 Modifications of applicable NSW law\n\n  (1) The applicable NSW law is to be applied as if:\n    (a) a reference to the Tribunal were a reference to the Federal Circuit and Family Court of Australia (Division 2); and\n    (b) a reference to the principal registrar of the Tribunal were a reference to a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2); and\n    (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).\n  (2) The Residential Tenancies Act 2010 (NSW) is to be applied as if it included the following section:\n  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 vacant possession of the premises is to be given to the landlord.\n\n#### 9 Powers of the Court\n\n  In determining a Commonwealth tenancy dispute involving land in New South Wales, the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers that are:\n    (a) powers of the Civil and Administrative Tribunal under the applicable NSW law; and\n    (b) relevant to determining the dispute.\n\n#### 10 Powers when executing orders made by the Court\n\n  (1) If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over a Commonwealth tenancy dispute involving land in New South Wales:\n    (a) the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the Civil and Administrative Tribunal under the applicable NSW law; and\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the principal registrar of the Civil and Administrative Tribunal under the applicable NSW law; and\n    (c) subject to subsection (2), 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);\n  to the extent that those powers are relevant to the execution or enforcement of the order.\n  (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):\n    (a) may obtain the assistance of a member or special member of the Australian Federal Police; and\n    (b) must not enter a dwelling house between 9 pm one day and 6 am the next day unless the Sheriff or Deputy Sheriff reasonably believes that it would not be practicable to execute the warrant at another time; and\n    (c) must not use more force, or subject any person on the premises to greater indignity, than is necessary and reasonable to execute the warrant; and\n    (d) must not do anything that is likely to cause the death of, or grievous bodily harm to, any person on the premises unless the Sheriff or Deputy Sheriff reasonably believes that doing that thing is necessary to protect life or prevent serious injury to another person (including the Sheriff or Deputy Sheriff).\n  (3) To avoid doubt, nothing in this section limits any other power of:\n    (a) the Federal Circuit and Family Court of Australia (Division 2); or\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2); or\n    (c) the Sheriff or a Deputy Sheriff of the Federal Circuit and Family Court of Australia (Division 2).\n\n### Division 2—Commonwealth tenancy disputes involving land in the Jervis Bay Territory\n\n#### Subdivision A—Disputes involving tenancy arrangements to which the ACT Residential Tenancies Act applies\n\n#### 11 Operation of this Subdivision\n\n  (1) This Subdivision makes provision in relation to the following matters in respect of a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the rights of the parties to the dispute;\n    (b) the law to be applied in determining the dispute;\n    (c) the powers that the Federal Circuit and Family Court of Australia (Division 2) may exercise under that law;\n    (d) the powers that may be exercised when executing an order made by the Court.\n  (2) This Subdivision does not apply in relation to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory unless:\n    (a) the dispute involves a residential tenancy agreement within the meaning of the ACT Residential Tenancies Act; and\n    (b) disregarding the effect of this instrument, the ACT Residential Tenancies Act applies to the residential tenancy agreement.\n  (3) 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.\n\n#### 12 Rights of the parties\n\n  (1) This section applies to a party to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory if:\n    (a) the party is a tenant within the meaning of the ACT Residential Tenancies Act; and\n    (b) the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine the dispute.\n  (2) The party must not make an application to the ACT Civil and Administrative Tribunal under the ACT Residential Tenancies Act in relation to a lease, licence or other arrangement to possess, occupy or use land that is the subject of the dispute.\n\n#### 13 Law to be applied\n\n  (1) This section applies when determining a Commonwealth tenancy dispute involving:\n    (a) land in the Jervis Bay Territory; and\n    (b) any of the following:\n    (i) the recovery of rent or other payments payable under or in relation to a lease, licence or other arrangement;\n    (ii) the termination, or proposed termination, of a lease, licence or other arrangement;\n    (iii) the possession, occupation or use of the land.\n  (2) To the extent that the Commonwealth tenancy dispute covers the matter mentioned in subparagraph (1)(b)(i), the following provisions:\n    (a) section 83 of the ACT Residential Tenancies Act;\n    (b) any other provision of that Act or regulations made under that Act, to the extent that it relates to section 83 of that Act;\n  are to be applied:\n    (c) to the extent necessary to determine the dispute; and\n    (d) subject to the modifications set out in section 14 of this instrument.\n  (3) To the extent that the Commonwealth tenancy dispute covers a matter mentioned in subparagraph (1)(b)(ii) or (iii), the following provisions:\n    (a) Part 4 of the ACT Residential Tenancies Act;\n    (b) section 83 of that Act;\n    (c) clauses 92 and 93 of Schedule 1 to that Act;\n    (d) any other provision of that Act or regulations made under that Act, to the extent that they relate to Part 4 or section 83 of that Act, or clause 92 or 93 of Schedule 1 to that Act;\n  are to be applied:\n    (e) to the extent necessary to determine the dispute; and\n    (f) subject to the modifications set out in section 14 of this instrument.\n  (4) The provisions mentioned in subsections (2) and (3) are the applicable Jervis Bay Territory law.\n\n#### 14 Modifications of applicable Jervis Bay Territory law\n\n  (1) The applicable Jervis Bay Territory law is to be applied as if:\n    (a) a reference to the ACAT or the tribunal were a reference to the Federal Circuit and Family Court of Australia (Division 2); and\n    (b) a reference to the registrar were a reference to a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2).\n  (2) The ACT Residential Tenancies Act is to be applied as if sections 76, 77, 78 and 86 were excluded.\n\n#### 15 Powers of the Court\n\n  In determining a Commonwealth tenancy dispute involving land in the Jervis Bay Territory, the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers that are:\n    (a) powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) relevant to determining the dispute.\n\n#### 15A Powers when executing orders made by the Court\n\n  If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of a registrar of the ACT Civil and Administrative Tribunal;\n  to the extent that those powers are relevant to the execution or enforcement of the order.\n\n#### Subdivision B—Disputes involving tenancy arrangements to which the ACT Residential Tenancies Act does not apply\n\n#### 16 Operation of this Subdivision\n\n  (1) This Subdivision makes provision in relation to the following matters in respect of a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the rights of the parties to the dispute;\n    (b) the law to be applied in determining the dispute;\n    (c) the powers that the Federal Circuit and Family Court of Australia (Division 2) may exercise under that law;\n    (d) the powers that may be exercised when executing an order made by the Court.\n  (2) This Subdivision does not apply in relation to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory unless:\n    (a) disregarding the effect of this instrument, the ACT Residential Tenancies Act does not apply in relation to the relevant lease, licence or other arrangement; but\n    (b) if that Act did apply, the lease, licence or other arrangement would involve a residential tenancy agreement within the meaning of that Act.\n  (3) 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.\n\n#### 17 Rights of the parties\n\n  (1) This section applies to a party to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory if:\n    (a) the party is a tenant within the meaning of the ACT Residential Tenancies Act; and\n    (b) the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine the dispute.\n  (2) The party must not make an application to the ACT Civil and Administrative Tribunal under the ACT Residential Tenancies Act in relation to a lease, licence or other arrangement to possess, occupy or use land that is the subject of the dispute.\n\n#### 18 Law to be applied\n\n  (1) This section applies when determining a Commonwealth tenancy dispute involving:\n    (a) land in the Jervis Bay Territory; and\n    (b) any of the following:\n    (i) the recovery of rent or other payments payable under or in relation to a lease, licence or other arrangement;\n    (ii) the termination, or proposed termination, of a lease, licence or other arrangement;\n    (iii) the possession, occupation or use of the land.\n  (2) To the extent that the Commonwealth tenancy dispute covers the matter mentioned in subparagraph (1)(b)(i), the following provisions:\n    (a) section 83 of the ACT Residential Tenancies Act;\n    (b) any other provision of that Act or regulations made under that Act, to the extent that it relates to section 83 of that Act;\n  are to be applied:\n    (c) to the extent necessary to determine the dispute; and\n    (d) subject to the modifications set out in section 19 of this instrument.\n  (3) To the extent that the Commonwealth tenancy dispute covers a matter mentioned in subparagraph (1)(b)(ii) or (iii), the following provisions:\n    (a) Part 4 of the ACT Residential Tenancies Act;\n    (b) section 83 of that Act;\n    (c) any other provision of that Act or regulations made under that Act, to the extent that they relate to Part 4 or section 83 of that Act;\n  are to be applied:\n    (d) to the extent necessary to determine the dispute; and\n    (e) subject to the modifications set out in section 19 of this instrument.\n  (4) The provisions mentioned in subsections (2) and (3) are the applicable Jervis Bay Territory law.\n\n#### 19 Modifications of applicable Jervis Bay Territory law\n\n  (1) The applicable Jervis Bay Territory law is to be applied as if:\n    (a) a reference to the ACAT or the tribunal were a reference to the Federal Circuit and Family Court of Australia (Division 2); and\n    (b) a reference to the registrar were a reference to a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2); and\n    (c) a reference to a residential tenancy agreement were a reference to a lease, licence or other arrangement; and\n    (d) a reference to standard residential tenancy terms were a reference to terms and conditions of the lease, licence or other arrangement; and\n    (e) a reference to a tenancy dispute were a reference to a Commonwealth tenancy dispute; and\n    (f) the reference to the Territory in paragraph 83(c) were omitted; and\n    (g) a reference to “under the Residential Tenancies Act 1997, schedule 1” in subparagraph 5(a)(iii) of the Residential Tenancies Regulation 1998 (ACT) were a reference to “under the lease, licence or other arrangement”.\n  (2) The ACT Residential Tenancies Act is to be applied as if the following provisions of that Act were excluded:\n    (a) Part 2;\n    (b) paragraph 43(1)(b);\n    (c) subparagraph 48(1)(a)(iv);\n    (d) paragraph 54(1)(b);\n    (e) sections 72, 76, 77 and 78;\n    (f) paragraphs 82(a) and 83(e);\n    (g) section 86.\n\n#### 20 Powers of the Court\n\n  In determining a Commonwealth tenancy dispute involving land in the Jervis Bay Territory, the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers that are:\n    (a) powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) relevant to determining the dispute.\n\n#### 21 Powers when executing orders made by the Court\n\n  If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of a registrar of the ACT Civil and Administrative Tribunal;\n  to the extent that those powers are relevant to the execution or enforcement of the order.\n\n## Part 4—Transitional and application provisions\n\n### Division 1—Application of the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2017\n\n#### 50 Application of amendments\n\nThe amendments made by the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2017 apply in relation to Commonwealth tenancy disputes arising before or after the commencement of that instrument\n\n### Division 2—Application of the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2021\n\n#### 51 Application of amendments\n\nThe amendments made by the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2021 apply in relation to Commonwealth tenancy disputes arising before or after the commencement of that instrument.","sortOrder":14},{"sectionNumber":"Subdivision A","sectionType":"subdivision","heading":"Disputes involving tenancy arrangements to which the ACT Residential Tenancies Act applies","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This is the Federal Circuit and Family Court of Australia (Commonwealth Tenancy Disputes) Instrument 2015.\n\n#### 3 Authority\n\n  This instrument is made under section 133 of the Federal Circuit and Family Court of Australia Act 2021.\n\n#### 4 Definitions\n\n  In this instrument:\n\n> Act means the Federal Circuit and Family Court of Australia Act 2021.\n\n> 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.\n\n> applicable Jervis Bay Territory law:\n\n    (a) in relation to a dispute covered by Subdivision A of Division 2 of Part 3—has the meaning given by subsection 13(4); and\n    (b) in relation to a dispute covered by Subdivision B of Division 2 of Part 3—has the meaning given by subsection 18(4).\n\n> applicable NSW law has the meaning given by subsection 7(2).\n\n> relevant Registrar, in relation to the Federal Circuit and Family Court of Australia (Division 2), means the following:\n\n    (a) the Chief Executive Officer and Principal Registrar (within the meaning of the Act);\n    (b) a Senior Registrar or Registrar of that court.\n\n## Part 2—Conferral of jurisdiction\n\n#### 4A Commonwealth tenancy disputes involving non‑self‑governing territories\n\n  The Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine a Commonwealth tenancy dispute involving land in a non‑self‑governing Territory between the parties to a lease, licence or other arrangement in which:\n    (a) the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is:\n    (i) the lessor (other than as a sublessor); or\n    (ii) the licensor (other than as a sublicensor); or\n    (iii) the grantor of a right or permission to possess, occupy or use land owned by the Commonwealth; and\n    (b) a Commonwealth officer or employee (other than a member of the Defence Force) is:\n    (i) the lessee (other than a sublessee); or\n    (ii) the licensee (other than a sublicensee); or\n    (iii) the grantee of the right or permission.\n\n## Part 3—Provisions relating to Commonwealth tenancy disputes\n\n### Division 1—Commonwealth tenancy disputes involving land in New South Wales\n\n#### 5 Operation of this Division\n\n  (1) This Division makes provision in relation to the following matters in respect of a Commonwealth tenancy dispute involving land in New South Wales:\n    (a) the rights of the parties to the dispute;\n    (b) the law to be applied in determining the dispute;\n    (c) the powers that the Federal Circuit and Family Court of Australia (Division 2) may exercise under that law;\n    (d) the powers that may be exercised when executing an order made by the Court.\n  (2) This Division does not apply in relation to a Commonwealth tenancy dispute involving land in New South Wales unless the dispute involves a tenancy within the meaning of the Residential Tenancies Act 2010 (NSW).\n  (3) 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.\n\n#### 6 Rights of the parties\n\n  (1) This section applies to a party to a Commonwealth tenancy dispute involving land in New South Wales if:\n    (a) the party is a tenant within the meaning of the Residential Tenancies Act 2010 (NSW); and\n    (b) the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine the dispute.\n  (2) The party must not make an application to the Civil and Administrative Tribunal under the Residential Tenancies Act 2010 (NSW) in relation to a lease, licence or other arrangement to possess, occupy or use land that is the subject of the dispute.\n\n#### 7 Law to be applied\n\n  (1) In determining a Commonwealth tenancy dispute involving land in New South Wales, the Residential Tenancies Act 2010 (NSW) and any regulations made under that Act are to be applied:\n    (a) to the extent necessary to determine the dispute; and\n    (b) subject to the modifications set out in section 8 of this instrument.\n  (2) The law mentioned in subsection (1) is the applicable NSW law.\n\n#### 8 Modifications of applicable NSW law\n\n  (1) The applicable NSW law is to be applied as if:\n    (a) a reference to the Tribunal were a reference to the Federal Circuit and Family Court of Australia (Division 2); and\n    (b) a reference to the principal registrar of the Tribunal were a reference to a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2); and\n    (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).\n  (2) The Residential Tenancies Act 2010 (NSW) is to be applied as if it included the following section:\n  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 vacant possession of the premises is to be given to the landlord.\n\n#### 9 Powers of the Court\n\n  In determining a Commonwealth tenancy dispute involving land in New South Wales, the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers that are:\n    (a) powers of the Civil and Administrative Tribunal under the applicable NSW law; and\n    (b) relevant to determining the dispute.\n\n#### 10 Powers when executing orders made by the Court\n\n  (1) If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over a Commonwealth tenancy dispute involving land in New South Wales:\n    (a) the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the Civil and Administrative Tribunal under the applicable NSW law; and\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the principal registrar of the Civil and Administrative Tribunal under the applicable NSW law; and\n    (c) subject to subsection (2), 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);\n  to the extent that those powers are relevant to the execution or enforcement of the order.\n  (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):\n    (a) may obtain the assistance of a member or special member of the Australian Federal Police; and\n    (b) must not enter a dwelling house between 9 pm one day and 6 am the next day unless the Sheriff or Deputy Sheriff reasonably believes that it would not be practicable to execute the warrant at another time; and\n    (c) must not use more force, or subject any person on the premises to greater indignity, than is necessary and reasonable to execute the warrant; and\n    (d) must not do anything that is likely to cause the death of, or grievous bodily harm to, any person on the premises unless the Sheriff or Deputy Sheriff reasonably believes that doing that thing is necessary to protect life or prevent serious injury to another person (including the Sheriff or Deputy Sheriff).\n  (3) To avoid doubt, nothing in this section limits any other power of:\n    (a) the Federal Circuit and Family Court of Australia (Division 2); or\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2); or\n    (c) the Sheriff or a Deputy Sheriff of the Federal Circuit and Family Court of Australia (Division 2).\n\n### Division 2—Commonwealth tenancy disputes involving land in the Jervis Bay Territory\n\n#### Subdivision A—Disputes involving tenancy arrangements to which the ACT Residential Tenancies Act applies\n\n#### 11 Operation of this Subdivision\n\n  (1) This Subdivision makes provision in relation to the following matters in respect of a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the rights of the parties to the dispute;\n    (b) the law to be applied in determining the dispute;\n    (c) the powers that the Federal Circuit and Family Court of Australia (Division 2) may exercise under that law;\n    (d) the powers that may be exercised when executing an order made by the Court.\n  (2) This Subdivision does not apply in relation to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory unless:\n    (a) the dispute involves a residential tenancy agreement within the meaning of the ACT Residential Tenancies Act; and\n    (b) disregarding the effect of this instrument, the ACT Residential Tenancies Act applies to the residential tenancy agreement.\n  (3) 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.\n\n#### 12 Rights of the parties\n\n  (1) This section applies to a party to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory if:\n    (a) the party is a tenant within the meaning of the ACT Residential Tenancies Act; and\n    (b) the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine the dispute.\n  (2) The party must not make an application to the ACT Civil and Administrative Tribunal under the ACT Residential Tenancies Act in relation to a lease, licence or other arrangement to possess, occupy or use land that is the subject of the dispute.\n\n#### 13 Law to be applied\n\n  (1) This section applies when determining a Commonwealth tenancy dispute involving:\n    (a) land in the Jervis Bay Territory; and\n    (b) any of the following:\n    (i) the recovery of rent or other payments payable under or in relation to a lease, licence or other arrangement;\n    (ii) the termination, or proposed termination, of a lease, licence or other arrangement;\n    (iii) the possession, occupation or use of the land.\n  (2) To the extent that the Commonwealth tenancy dispute covers the matter mentioned in subparagraph (1)(b)(i), the following provisions:\n    (a) section 83 of the ACT Residential Tenancies Act;\n    (b) any other provision of that Act or regulations made under that Act, to the extent that it relates to section 83 of that Act;\n  are to be applied:\n    (c) to the extent necessary to determine the dispute; and\n    (d) subject to the modifications set out in section 14 of this instrument.\n  (3) To the extent that the Commonwealth tenancy dispute covers a matter mentioned in subparagraph (1)(b)(ii) or (iii), the following provisions:\n    (a) Part 4 of the ACT Residential Tenancies Act;\n    (b) section 83 of that Act;\n    (c) clauses 92 and 93 of Schedule 1 to that Act;\n    (d) any other provision of that Act or regulations made under that Act, to the extent that they relate to Part 4 or section 83 of that Act, or clause 92 or 93 of Schedule 1 to that Act;\n  are to be applied:\n    (e) to the extent necessary to determine the dispute; and\n    (f) subject to the modifications set out in section 14 of this instrument.\n  (4) The provisions mentioned in subsections (2) and (3) are the applicable Jervis Bay Territory law.\n\n#### 14 Modifications of applicable Jervis Bay Territory law\n\n  (1) The applicable Jervis Bay Territory law is to be applied as if:\n    (a) a reference to the ACAT or the tribunal were a reference to the Federal Circuit and Family Court of Australia (Division 2); and\n    (b) a reference to the registrar were a reference to a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2).\n  (2) The ACT Residential Tenancies Act is to be applied as if sections 76, 77, 78 and 86 were excluded.\n\n#### 15 Powers of the Court\n\n  In determining a Commonwealth tenancy dispute involving land in the Jervis Bay Territory, the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers that are:\n    (a) powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) relevant to determining the dispute.\n\n#### 15A Powers when executing orders made by the Court\n\n  If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of a registrar of the ACT Civil and Administrative Tribunal;\n  to the extent that those powers are relevant to the execution or enforcement of the order.\n\n#### Subdivision B—Disputes involving tenancy arrangements to which the ACT Residential Tenancies Act does not apply\n\n#### 16 Operation of this Subdivision\n\n  (1) This Subdivision makes provision in relation to the following matters in respect of a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the rights of the parties to the dispute;\n    (b) the law to be applied in determining the dispute;\n    (c) the powers that the Federal Circuit and Family Court of Australia (Division 2) may exercise under that law;\n    (d) the powers that may be exercised when executing an order made by the Court.\n  (2) This Subdivision does not apply in relation to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory unless:\n    (a) disregarding the effect of this instrument, the ACT Residential Tenancies Act does not apply in relation to the relevant lease, licence or other arrangement; but\n    (b) if that Act did apply, the lease, licence or other arrangement would involve a residential tenancy agreement within the meaning of that Act.\n  (3) 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.\n\n#### 17 Rights of the parties\n\n  (1) This section applies to a party to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory if:\n    (a) the party is a tenant within the meaning of the ACT Residential Tenancies Act; and\n    (b) the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine the dispute.\n  (2) The party must not make an application to the ACT Civil and Administrative Tribunal under the ACT Residential Tenancies Act in relation to a lease, licence or other arrangement to possess, occupy or use land that is the subject of the dispute.\n\n#### 18 Law to be applied\n\n  (1) This section applies when determining a Commonwealth tenancy dispute involving:\n    (a) land in the Jervis Bay Territory; and\n    (b) any of the following:\n    (i) the recovery of rent or other payments payable under or in relation to a lease, licence or other arrangement;\n    (ii) the termination, or proposed termination, of a lease, licence or other arrangement;\n    (iii) the possession, occupation or use of the land.\n  (2) To the extent that the Commonwealth tenancy dispute covers the matter mentioned in subparagraph (1)(b)(i), the following provisions:\n    (a) section 83 of the ACT Residential Tenancies Act;\n    (b) any other provision of that Act or regulations made under that Act, to the extent that it relates to section 83 of that Act;\n  are to be applied:\n    (c) to the extent necessary to determine the dispute; and\n    (d) subject to the modifications set out in section 19 of this instrument.\n  (3) To the extent that the Commonwealth tenancy dispute covers a matter mentioned in subparagraph (1)(b)(ii) or (iii), the following provisions:\n    (a) Part 4 of the ACT Residential Tenancies Act;\n    (b) section 83 of that Act;\n    (c) any other provision of that Act or regulations made under that Act, to the extent that they relate to Part 4 or section 83 of that Act;\n  are to be applied:\n    (d) to the extent necessary to determine the dispute; and\n    (e) subject to the modifications set out in section 19 of this instrument.\n  (4) The provisions mentioned in subsections (2) and (3) are the applicable Jervis Bay Territory law.\n\n#### 19 Modifications of applicable Jervis Bay Territory law\n\n  (1) The applicable Jervis Bay Territory law is to be applied as if:\n    (a) a reference to the ACAT or the tribunal were a reference to the Federal Circuit and Family Court of Australia (Division 2); and\n    (b) a reference to the registrar were a reference to a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2); and\n    (c) a reference to a residential tenancy agreement were a reference to a lease, licence or other arrangement; and\n    (d) a reference to standard residential tenancy terms were a reference to terms and conditions of the lease, licence or other arrangement; and\n    (e) a reference to a tenancy dispute were a reference to a Commonwealth tenancy dispute; and\n    (f) the reference to the Territory in paragraph 83(c) were omitted; and\n    (g) a reference to “under the Residential Tenancies Act 1997, schedule 1” in subparagraph 5(a)(iii) of the Residential Tenancies Regulation 1998 (ACT) were a reference to “under the lease, licence or other arrangement”.\n  (2) The ACT Residential Tenancies Act is to be applied as if the following provisions of that Act were excluded:\n    (a) Part 2;\n    (b) paragraph 43(1)(b);\n    (c) subparagraph 48(1)(a)(iv);\n    (d) paragraph 54(1)(b);\n    (e) sections 72, 76, 77 and 78;\n    (f) paragraphs 82(a) and 83(e);\n    (g) section 86.\n\n#### 20 Powers of the Court\n\n  In determining a Commonwealth tenancy dispute involving land in the Jervis Bay Territory, the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers that are:\n    (a) powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) relevant to determining the dispute.\n\n#### 21 Powers when executing orders made by the Court\n\n  If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of a registrar of the ACT Civil and Administrative Tribunal;\n  to the extent that those powers are relevant to the execution or enforcement of the order.\n\n## Part 4—Transitional and application provisions\n\n### Division 1—Application of the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2017\n\n#### 50 Application of amendments\n\nThe amendments made by the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2017 apply in relation to Commonwealth tenancy disputes arising before or after the commencement of that instrument\n\n### Division 2—Application of the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2021\n\n#### 51 Application of amendments\n\nThe amendments made by the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2021 apply in relation to Commonwealth tenancy disputes arising before or after the commencement of that instrument.","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Operation of this Subdivision","content":"#### 11 Operation of this Subdivision\n\n  (1) This Subdivision makes provision in relation to the following matters in respect of a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the rights of the parties to the dispute;\n    (b) the law to be applied in determining the dispute;\n    (c) the powers that the Federal Circuit and Family Court of Australia (Division 2) may exercise under that law;\n    (d) the powers that may be exercised when executing an order made by the Court.\n  (2) This Subdivision does not apply in relation to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory unless:\n    (a) the dispute involves a residential tenancy agreement within the meaning of the ACT Residential Tenancies Act; and\n    (b) disregarding the effect of this instrument, the ACT Residential Tenancies Act applies to the residential tenancy agreement.\n  (3) 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.","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Rights of the parties","content":"#### 12 Rights of the parties\n\n  (1) This section applies to a party to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory if:\n    (a) the party is a tenant within the meaning of the ACT Residential Tenancies Act; and\n    (b) the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine the dispute.\n  (2) The party must not make an application to the ACT Civil and Administrative Tribunal under the ACT Residential Tenancies Act in relation to a lease, licence or other arrangement to possess, occupy or use land that is the subject of the dispute.","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Law to be applied","content":"#### 13 Law to be applied\n\n  (1) This section applies when determining a Commonwealth tenancy dispute involving:\n    (a) land in the Jervis Bay Territory; and\n    (b) any of the following:\n    (i) the recovery of rent or other payments payable under or in relation to a lease, licence or other arrangement;\n    (ii) the termination, or proposed termination, of a lease, licence or other arrangement;\n    (iii) the possession, occupation or use of the land.\n  (2) To the extent that the Commonwealth tenancy dispute covers the matter mentioned in subparagraph (1)(b)(i), the following provisions:\n    (a) section 83 of the ACT Residential Tenancies Act;\n    (b) any other provision of that Act or regulations made under that Act, to the extent that it relates to section 83 of that Act;\n  are to be applied:\n    (c) to the extent necessary to determine the dispute; and\n    (d) subject to the modifications set out in section 14 of this instrument.\n  (3) To the extent that the Commonwealth tenancy dispute covers a matter mentioned in subparagraph (1)(b)(ii) or (iii), the following provisions:\n    (a) Part 4 of the ACT Residential Tenancies Act;\n    (b) section 83 of that Act;\n    (c) clauses 92 and 93 of Schedule 1 to that Act;\n    (d) any other provision of that Act or regulations made under that Act, to the extent that they relate to Part 4 or section 83 of that Act, or clause 92 or 93 of Schedule 1 to that Act;\n  are to be applied:\n    (e) to the extent necessary to determine the dispute; and\n    (f) subject to the modifications set out in section 14 of this instrument.\n  (4) The provisions mentioned in subsections (2) and (3) are the applicable Jervis Bay Territory law.","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Modifications of applicable Jervis Bay Territory law","content":"#### 14 Modifications of applicable Jervis Bay Territory law\n\n  (1) The applicable Jervis Bay Territory law is to be applied as if:\n    (a) a reference to the ACAT or the tribunal were a reference to the Federal Circuit and Family Court of Australia (Division 2); and\n    (b) a reference to the registrar were a reference to a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2).\n  (2) The ACT Residential Tenancies Act is to be applied as if sections 76, 77, 78 and 86 were excluded.","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Powers of the Court","content":"#### 15 Powers of the Court\n\n  In determining a Commonwealth tenancy dispute involving land in the Jervis Bay Territory, the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers that are:\n    (a) powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) relevant to determining the dispute.","sortOrder":20},{"sectionNumber":"15A","sectionType":"section","heading":"Powers when executing orders made by the Court","content":"#### 15A Powers when executing orders made by the Court\n\n  If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of a registrar of the ACT Civil and Administrative Tribunal;\n  to the extent that those powers are relevant to the execution or enforcement of the order.","sortOrder":21},{"sectionNumber":"Subdivision B","sectionType":"subdivision","heading":"Disputes involving tenancy arrangements to which the ACT Residential Tenancies Act does not apply","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This is the Federal Circuit and Family Court of Australia (Commonwealth Tenancy Disputes) Instrument 2015.\n\n#### 3 Authority\n\n  This instrument is made under section 133 of the Federal Circuit and Family Court of Australia Act 2021.\n\n#### 4 Definitions\n\n  In this instrument:\n\n> Act means the Federal Circuit and Family Court of Australia Act 2021.\n\n> 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.\n\n> applicable Jervis Bay Territory law:\n\n    (a) in relation to a dispute covered by Subdivision A of Division 2 of Part 3—has the meaning given by subsection 13(4); and\n    (b) in relation to a dispute covered by Subdivision B of Division 2 of Part 3—has the meaning given by subsection 18(4).\n\n> applicable NSW law has the meaning given by subsection 7(2).\n\n> relevant Registrar, in relation to the Federal Circuit and Family Court of Australia (Division 2), means the following:\n\n    (a) the Chief Executive Officer and Principal Registrar (within the meaning of the Act);\n    (b) a Senior Registrar or Registrar of that court.\n\n## Part 2—Conferral of jurisdiction\n\n#### 4A Commonwealth tenancy disputes involving non‑self‑governing territories\n\n  The Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine a Commonwealth tenancy dispute involving land in a non‑self‑governing Territory between the parties to a lease, licence or other arrangement in which:\n    (a) the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is:\n    (i) the lessor (other than as a sublessor); or\n    (ii) the licensor (other than as a sublicensor); or\n    (iii) the grantor of a right or permission to possess, occupy or use land owned by the Commonwealth; and\n    (b) a Commonwealth officer or employee (other than a member of the Defence Force) is:\n    (i) the lessee (other than a sublessee); or\n    (ii) the licensee (other than a sublicensee); or\n    (iii) the grantee of the right or permission.\n\n## Part 3—Provisions relating to Commonwealth tenancy disputes\n\n### Division 1—Commonwealth tenancy disputes involving land in New South Wales\n\n#### 5 Operation of this Division\n\n  (1) This Division makes provision in relation to the following matters in respect of a Commonwealth tenancy dispute involving land in New South Wales:\n    (a) the rights of the parties to the dispute;\n    (b) the law to be applied in determining the dispute;\n    (c) the powers that the Federal Circuit and Family Court of Australia (Division 2) may exercise under that law;\n    (d) the powers that may be exercised when executing an order made by the Court.\n  (2) This Division does not apply in relation to a Commonwealth tenancy dispute involving land in New South Wales unless the dispute involves a tenancy within the meaning of the Residential Tenancies Act 2010 (NSW).\n  (3) 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.\n\n#### 6 Rights of the parties\n\n  (1) This section applies to a party to a Commonwealth tenancy dispute involving land in New South Wales if:\n    (a) the party is a tenant within the meaning of the Residential Tenancies Act 2010 (NSW); and\n    (b) the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine the dispute.\n  (2) The party must not make an application to the Civil and Administrative Tribunal under the Residential Tenancies Act 2010 (NSW) in relation to a lease, licence or other arrangement to possess, occupy or use land that is the subject of the dispute.\n\n#### 7 Law to be applied\n\n  (1) In determining a Commonwealth tenancy dispute involving land in New South Wales, the Residential Tenancies Act 2010 (NSW) and any regulations made under that Act are to be applied:\n    (a) to the extent necessary to determine the dispute; and\n    (b) subject to the modifications set out in section 8 of this instrument.\n  (2) The law mentioned in subsection (1) is the applicable NSW law.\n\n#### 8 Modifications of applicable NSW law\n\n  (1) The applicable NSW law is to be applied as if:\n    (a) a reference to the Tribunal were a reference to the Federal Circuit and Family Court of Australia (Division 2); and\n    (b) a reference to the principal registrar of the Tribunal were a reference to a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2); and\n    (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).\n  (2) The Residential Tenancies Act 2010 (NSW) is to be applied as if it included the following section:\n  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 vacant possession of the premises is to be given to the landlord.\n\n#### 9 Powers of the Court\n\n  In determining a Commonwealth tenancy dispute involving land in New South Wales, the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers that are:\n    (a) powers of the Civil and Administrative Tribunal under the applicable NSW law; and\n    (b) relevant to determining the dispute.\n\n#### 10 Powers when executing orders made by the Court\n\n  (1) If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over a Commonwealth tenancy dispute involving land in New South Wales:\n    (a) the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the Civil and Administrative Tribunal under the applicable NSW law; and\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the principal registrar of the Civil and Administrative Tribunal under the applicable NSW law; and\n    (c) subject to subsection (2), 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);\n  to the extent that those powers are relevant to the execution or enforcement of the order.\n  (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):\n    (a) may obtain the assistance of a member or special member of the Australian Federal Police; and\n    (b) must not enter a dwelling house between 9 pm one day and 6 am the next day unless the Sheriff or Deputy Sheriff reasonably believes that it would not be practicable to execute the warrant at another time; and\n    (c) must not use more force, or subject any person on the premises to greater indignity, than is necessary and reasonable to execute the warrant; and\n    (d) must not do anything that is likely to cause the death of, or grievous bodily harm to, any person on the premises unless the Sheriff or Deputy Sheriff reasonably believes that doing that thing is necessary to protect life or prevent serious injury to another person (including the Sheriff or Deputy Sheriff).\n  (3) To avoid doubt, nothing in this section limits any other power of:\n    (a) the Federal Circuit and Family Court of Australia (Division 2); or\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2); or\n    (c) the Sheriff or a Deputy Sheriff of the Federal Circuit and Family Court of Australia (Division 2).\n\n### Division 2—Commonwealth tenancy disputes involving land in the Jervis Bay Territory\n\n#### Subdivision A—Disputes involving tenancy arrangements to which the ACT Residential Tenancies Act applies\n\n#### 11 Operation of this Subdivision\n\n  (1) This Subdivision makes provision in relation to the following matters in respect of a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the rights of the parties to the dispute;\n    (b) the law to be applied in determining the dispute;\n    (c) the powers that the Federal Circuit and Family Court of Australia (Division 2) may exercise under that law;\n    (d) the powers that may be exercised when executing an order made by the Court.\n  (2) This Subdivision does not apply in relation to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory unless:\n    (a) the dispute involves a residential tenancy agreement within the meaning of the ACT Residential Tenancies Act; and\n    (b) disregarding the effect of this instrument, the ACT Residential Tenancies Act applies to the residential tenancy agreement.\n  (3) 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.\n\n#### 12 Rights of the parties\n\n  (1) This section applies to a party to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory if:\n    (a) the party is a tenant within the meaning of the ACT Residential Tenancies Act; and\n    (b) the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine the dispute.\n  (2) The party must not make an application to the ACT Civil and Administrative Tribunal under the ACT Residential Tenancies Act in relation to a lease, licence or other arrangement to possess, occupy or use land that is the subject of the dispute.\n\n#### 13 Law to be applied\n\n  (1) This section applies when determining a Commonwealth tenancy dispute involving:\n    (a) land in the Jervis Bay Territory; and\n    (b) any of the following:\n    (i) the recovery of rent or other payments payable under or in relation to a lease, licence or other arrangement;\n    (ii) the termination, or proposed termination, of a lease, licence or other arrangement;\n    (iii) the possession, occupation or use of the land.\n  (2) To the extent that the Commonwealth tenancy dispute covers the matter mentioned in subparagraph (1)(b)(i), the following provisions:\n    (a) section 83 of the ACT Residential Tenancies Act;\n    (b) any other provision of that Act or regulations made under that Act, to the extent that it relates to section 83 of that Act;\n  are to be applied:\n    (c) to the extent necessary to determine the dispute; and\n    (d) subject to the modifications set out in section 14 of this instrument.\n  (3) To the extent that the Commonwealth tenancy dispute covers a matter mentioned in subparagraph (1)(b)(ii) or (iii), the following provisions:\n    (a) Part 4 of the ACT Residential Tenancies Act;\n    (b) section 83 of that Act;\n    (c) clauses 92 and 93 of Schedule 1 to that Act;\n    (d) any other provision of that Act or regulations made under that Act, to the extent that they relate to Part 4 or section 83 of that Act, or clause 92 or 93 of Schedule 1 to that Act;\n  are to be applied:\n    (e) to the extent necessary to determine the dispute; and\n    (f) subject to the modifications set out in section 14 of this instrument.\n  (4) The provisions mentioned in subsections (2) and (3) are the applicable Jervis Bay Territory law.\n\n#### 14 Modifications of applicable Jervis Bay Territory law\n\n  (1) The applicable Jervis Bay Territory law is to be applied as if:\n    (a) a reference to the ACAT or the tribunal were a reference to the Federal Circuit and Family Court of Australia (Division 2); and\n    (b) a reference to the registrar were a reference to a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2).\n  (2) The ACT Residential Tenancies Act is to be applied as if sections 76, 77, 78 and 86 were excluded.\n\n#### 15 Powers of the Court\n\n  In determining a Commonwealth tenancy dispute involving land in the Jervis Bay Territory, the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers that are:\n    (a) powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) relevant to determining the dispute.\n\n#### 15A Powers when executing orders made by the Court\n\n  If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of a registrar of the ACT Civil and Administrative Tribunal;\n  to the extent that those powers are relevant to the execution or enforcement of the order.\n\n#### Subdivision B—Disputes involving tenancy arrangements to which the ACT Residential Tenancies Act does not apply\n\n#### 16 Operation of this Subdivision\n\n  (1) This Subdivision makes provision in relation to the following matters in respect of a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the rights of the parties to the dispute;\n    (b) the law to be applied in determining the dispute;\n    (c) the powers that the Federal Circuit and Family Court of Australia (Division 2) may exercise under that law;\n    (d) the powers that may be exercised when executing an order made by the Court.\n  (2) This Subdivision does not apply in relation to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory unless:\n    (a) disregarding the effect of this instrument, the ACT Residential Tenancies Act does not apply in relation to the relevant lease, licence or other arrangement; but\n    (b) if that Act did apply, the lease, licence or other arrangement would involve a residential tenancy agreement within the meaning of that Act.\n  (3) 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.\n\n#### 17 Rights of the parties\n\n  (1) This section applies to a party to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory if:\n    (a) the party is a tenant within the meaning of the ACT Residential Tenancies Act; and\n    (b) the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine the dispute.\n  (2) The party must not make an application to the ACT Civil and Administrative Tribunal under the ACT Residential Tenancies Act in relation to a lease, licence or other arrangement to possess, occupy or use land that is the subject of the dispute.\n\n#### 18 Law to be applied\n\n  (1) This section applies when determining a Commonwealth tenancy dispute involving:\n    (a) land in the Jervis Bay Territory; and\n    (b) any of the following:\n    (i) the recovery of rent or other payments payable under or in relation to a lease, licence or other arrangement;\n    (ii) the termination, or proposed termination, of a lease, licence or other arrangement;\n    (iii) the possession, occupation or use of the land.\n  (2) To the extent that the Commonwealth tenancy dispute covers the matter mentioned in subparagraph (1)(b)(i), the following provisions:\n    (a) section 83 of the ACT Residential Tenancies Act;\n    (b) any other provision of that Act or regulations made under that Act, to the extent that it relates to section 83 of that Act;\n  are to be applied:\n    (c) to the extent necessary to determine the dispute; and\n    (d) subject to the modifications set out in section 19 of this instrument.\n  (3) To the extent that the Commonwealth tenancy dispute covers a matter mentioned in subparagraph (1)(b)(ii) or (iii), the following provisions:\n    (a) Part 4 of the ACT Residential Tenancies Act;\n    (b) section 83 of that Act;\n    (c) any other provision of that Act or regulations made under that Act, to the extent that they relate to Part 4 or section 83 of that Act;\n  are to be applied:\n    (d) to the extent necessary to determine the dispute; and\n    (e) subject to the modifications set out in section 19 of this instrument.\n  (4) The provisions mentioned in subsections (2) and (3) are the applicable Jervis Bay Territory law.\n\n#### 19 Modifications of applicable Jervis Bay Territory law\n\n  (1) The applicable Jervis Bay Territory law is to be applied as if:\n    (a) a reference to the ACAT or the tribunal were a reference to the Federal Circuit and Family Court of Australia (Division 2); and\n    (b) a reference to the registrar were a reference to a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2); and\n    (c) a reference to a residential tenancy agreement were a reference to a lease, licence or other arrangement; and\n    (d) a reference to standard residential tenancy terms were a reference to terms and conditions of the lease, licence or other arrangement; and\n    (e) a reference to a tenancy dispute were a reference to a Commonwealth tenancy dispute; and\n    (f) the reference to the Territory in paragraph 83(c) were omitted; and\n    (g) a reference to “under the Residential Tenancies Act 1997, schedule 1” in subparagraph 5(a)(iii) of the Residential Tenancies Regulation 1998 (ACT) were a reference to “under the lease, licence or other arrangement”.\n  (2) The ACT Residential Tenancies Act is to be applied as if the following provisions of that Act were excluded:\n    (a) Part 2;\n    (b) paragraph 43(1)(b);\n    (c) subparagraph 48(1)(a)(iv);\n    (d) paragraph 54(1)(b);\n    (e) sections 72, 76, 77 and 78;\n    (f) paragraphs 82(a) and 83(e);\n    (g) section 86.\n\n#### 20 Powers of the Court\n\n  In determining a Commonwealth tenancy dispute involving land in the Jervis Bay Territory, the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers that are:\n    (a) powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) relevant to determining the dispute.\n\n#### 21 Powers when executing orders made by the Court\n\n  If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of a registrar of the ACT Civil and Administrative Tribunal;\n  to the extent that those powers are relevant to the execution or enforcement of the order.\n\n## Part 4—Transitional and application provisions\n\n### Division 1—Application of the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2017\n\n#### 50 Application of amendments\n\nThe amendments made by the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2017 apply in relation to Commonwealth tenancy disputes arising before or after the commencement of that instrument\n\n### Division 2—Application of the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2021\n\n#### 51 Application of amendments\n\nThe amendments made by the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2021 apply in relation to Commonwealth tenancy disputes arising before or after the commencement of that instrument.","sortOrder":22},{"sectionNumber":"16","sectionType":"section","heading":"Operation of this Subdivision","content":"#### 16 Operation of this Subdivision\n\n  (1) This Subdivision makes provision in relation to the following matters in respect of a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the rights of the parties to the dispute;\n    (b) the law to be applied in determining the dispute;\n    (c) the powers that the Federal Circuit and Family Court of Australia (Division 2) may exercise under that law;\n    (d) the powers that may be exercised when executing an order made by the Court.\n  (2) This Subdivision does not apply in relation to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory unless:\n    (a) disregarding the effect of this instrument, the ACT Residential Tenancies Act does not apply in relation to the relevant lease, licence or other arrangement; but\n    (b) if that Act did apply, the lease, licence or other arrangement would involve a residential tenancy agreement within the meaning of that Act.\n  (3) 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.","sortOrder":23},{"sectionNumber":"17","sectionType":"section","heading":"Rights of the parties","content":"#### 17 Rights of the parties\n\n  (1) This section applies to a party to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory if:\n    (a) the party is a tenant within the meaning of the ACT Residential Tenancies Act; and\n    (b) the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine the dispute.\n  (2) The party must not make an application to the ACT Civil and Administrative Tribunal under the ACT Residential Tenancies Act in relation to a lease, licence or other arrangement to possess, occupy or use land that is the subject of the dispute.","sortOrder":24},{"sectionNumber":"18","sectionType":"section","heading":"Law to be applied","content":"#### 18 Law to be applied\n\n  (1) This section applies when determining a Commonwealth tenancy dispute involving:\n    (a) land in the Jervis Bay Territory; and\n    (b) any of the following:\n    (i) the recovery of rent or other payments payable under or in relation to a lease, licence or other arrangement;\n    (ii) the termination, or proposed termination, of a lease, licence or other arrangement;\n    (iii) the possession, occupation or use of the land.\n  (2) To the extent that the Commonwealth tenancy dispute covers the matter mentioned in subparagraph (1)(b)(i), the following provisions:\n    (a) section 83 of the ACT Residential Tenancies Act;\n    (b) any other provision of that Act or regulations made under that Act, to the extent that it relates to section 83 of that Act;\n  are to be applied:\n    (c) to the extent necessary to determine the dispute; and\n    (d) subject to the modifications set out in section 19 of this instrument.\n  (3) To the extent that the Commonwealth tenancy dispute covers a matter mentioned in subparagraph (1)(b)(ii) or (iii), the following provisions:\n    (a) Part 4 of the ACT Residential Tenancies Act;\n    (b) section 83 of that Act;\n    (c) any other provision of that Act or regulations made under that Act, to the extent that they relate to Part 4 or section 83 of that Act;\n  are to be applied:\n    (d) to the extent necessary to determine the dispute; and\n    (e) subject to the modifications set out in section 19 of this instrument.\n  (4) The provisions mentioned in subsections (2) and (3) are the applicable Jervis Bay Territory law.","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Modifications of applicable Jervis Bay Territory law","content":"#### 19 Modifications of applicable Jervis Bay Territory law\n\n  (1) The applicable Jervis Bay Territory law is to be applied as if:\n    (a) a reference to the ACAT or the tribunal were a reference to the Federal Circuit and Family Court of Australia (Division 2); and\n    (b) a reference to the registrar were a reference to a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2); and\n    (c) a reference to a residential tenancy agreement were a reference to a lease, licence or other arrangement; and\n    (d) a reference to standard residential tenancy terms were a reference to terms and conditions of the lease, licence or other arrangement; and\n    (e) a reference to a tenancy dispute were a reference to a Commonwealth tenancy dispute; and\n    (f) the reference to the Territory in paragraph 83(c) were omitted; and\n    (g) a reference to “under the Residential Tenancies Act 1997, schedule 1” in subparagraph 5(a)(iii) of the Residential Tenancies Regulation 1998 (ACT) were a reference to “under the lease, licence or other arrangement”.\n  (2) The ACT Residential Tenancies Act is to be applied as if the following provisions of that Act were excluded:\n    (a) Part 2;\n    (b) paragraph 43(1)(b);\n    (c) subparagraph 48(1)(a)(iv);\n    (d) paragraph 54(1)(b);\n    (e) sections 72, 76, 77 and 78;\n    (f) paragraphs 82(a) and 83(e);\n    (g) section 86.","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Powers of the Court","content":"#### 20 Powers of the Court\n\n  In determining a Commonwealth tenancy dispute involving land in the Jervis Bay Territory, the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers that are:\n    (a) powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) relevant to determining the dispute.","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Powers when executing orders made by the Court","content":"#### 21 Powers when executing orders made by the Court\n\n  If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of a registrar of the ACT Civil and Administrative Tribunal;\n  to the extent that those powers are relevant to the execution or enforcement of the order.","sortOrder":28},{"sectionNumber":"Part 4","sectionType":"part","heading":"Transitional and application provisions","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This is the Federal Circuit and Family Court of Australia (Commonwealth Tenancy Disputes) Instrument 2015.\n\n#### 3 Authority\n\n  This instrument is made under section 133 of the Federal Circuit and Family Court of Australia Act 2021.\n\n#### 4 Definitions\n\n  In this instrument:\n\n> Act means the Federal Circuit and Family Court of Australia Act 2021.\n\n> 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.\n\n> applicable Jervis Bay Territory law:\n\n    (a) in relation to a dispute covered by Subdivision A of Division 2 of Part 3—has the meaning given by subsection 13(4); and\n    (b) in relation to a dispute covered by Subdivision B of Division 2 of Part 3—has the meaning given by subsection 18(4).\n\n> applicable NSW law has the meaning given by subsection 7(2).\n\n> relevant Registrar, in relation to the Federal Circuit and Family Court of Australia (Division 2), means the following:\n\n    (a) the Chief Executive Officer and Principal Registrar (within the meaning of the Act);\n    (b) a Senior Registrar or Registrar of that court.\n\n## Part 2—Conferral of jurisdiction\n\n#### 4A Commonwealth tenancy disputes involving non‑self‑governing territories\n\n  The Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine a Commonwealth tenancy dispute involving land in a non‑self‑governing Territory between the parties to a lease, licence or other arrangement in which:\n    (a) the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is:\n    (i) the lessor (other than as a sublessor); or\n    (ii) the licensor (other than as a sublicensor); or\n    (iii) the grantor of a right or permission to possess, occupy or use land owned by the Commonwealth; and\n    (b) a Commonwealth officer or employee (other than a member of the Defence Force) is:\n    (i) the lessee (other than a sublessee); or\n    (ii) the licensee (other than a sublicensee); or\n    (iii) the grantee of the right or permission.\n\n## Part 3—Provisions relating to Commonwealth tenancy disputes\n\n### Division 1—Commonwealth tenancy disputes involving land in New South Wales\n\n#### 5 Operation of this Division\n\n  (1) This Division makes provision in relation to the following matters in respect of a Commonwealth tenancy dispute involving land in New South Wales:\n    (a) the rights of the parties to the dispute;\n    (b) the law to be applied in determining the dispute;\n    (c) the powers that the Federal Circuit and Family Court of Australia (Division 2) may exercise under that law;\n    (d) the powers that may be exercised when executing an order made by the Court.\n  (2) This Division does not apply in relation to a Commonwealth tenancy dispute involving land in New South Wales unless the dispute involves a tenancy within the meaning of the Residential Tenancies Act 2010 (NSW).\n  (3) 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.\n\n#### 6 Rights of the parties\n\n  (1) This section applies to a party to a Commonwealth tenancy dispute involving land in New South Wales if:\n    (a) the party is a tenant within the meaning of the Residential Tenancies Act 2010 (NSW); and\n    (b) the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine the dispute.\n  (2) The party must not make an application to the Civil and Administrative Tribunal under the Residential Tenancies Act 2010 (NSW) in relation to a lease, licence or other arrangement to possess, occupy or use land that is the subject of the dispute.\n\n#### 7 Law to be applied\n\n  (1) In determining a Commonwealth tenancy dispute involving land in New South Wales, the Residential Tenancies Act 2010 (NSW) and any regulations made under that Act are to be applied:\n    (a) to the extent necessary to determine the dispute; and\n    (b) subject to the modifications set out in section 8 of this instrument.\n  (2) The law mentioned in subsection (1) is the applicable NSW law.\n\n#### 8 Modifications of applicable NSW law\n\n  (1) The applicable NSW law is to be applied as if:\n    (a) a reference to the Tribunal were a reference to the Federal Circuit and Family Court of Australia (Division 2); and\n    (b) a reference to the principal registrar of the Tribunal were a reference to a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2); and\n    (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).\n  (2) The Residential Tenancies Act 2010 (NSW) is to be applied as if it included the following section:\n  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 vacant possession of the premises is to be given to the landlord.\n\n#### 9 Powers of the Court\n\n  In determining a Commonwealth tenancy dispute involving land in New South Wales, the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers that are:\n    (a) powers of the Civil and Administrative Tribunal under the applicable NSW law; and\n    (b) relevant to determining the dispute.\n\n#### 10 Powers when executing orders made by the Court\n\n  (1) If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over a Commonwealth tenancy dispute involving land in New South Wales:\n    (a) the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the Civil and Administrative Tribunal under the applicable NSW law; and\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the principal registrar of the Civil and Administrative Tribunal under the applicable NSW law; and\n    (c) subject to subsection (2), 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);\n  to the extent that those powers are relevant to the execution or enforcement of the order.\n  (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):\n    (a) may obtain the assistance of a member or special member of the Australian Federal Police; and\n    (b) must not enter a dwelling house between 9 pm one day and 6 am the next day unless the Sheriff or Deputy Sheriff reasonably believes that it would not be practicable to execute the warrant at another time; and\n    (c) must not use more force, or subject any person on the premises to greater indignity, than is necessary and reasonable to execute the warrant; and\n    (d) must not do anything that is likely to cause the death of, or grievous bodily harm to, any person on the premises unless the Sheriff or Deputy Sheriff reasonably believes that doing that thing is necessary to protect life or prevent serious injury to another person (including the Sheriff or Deputy Sheriff).\n  (3) To avoid doubt, nothing in this section limits any other power of:\n    (a) the Federal Circuit and Family Court of Australia (Division 2); or\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2); or\n    (c) the Sheriff or a Deputy Sheriff of the Federal Circuit and Family Court of Australia (Division 2).\n\n### Division 2—Commonwealth tenancy disputes involving land in the Jervis Bay Territory\n\n#### Subdivision A—Disputes involving tenancy arrangements to which the ACT Residential Tenancies Act applies\n\n#### 11 Operation of this Subdivision\n\n  (1) This Subdivision makes provision in relation to the following matters in respect of a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the rights of the parties to the dispute;\n    (b) the law to be applied in determining the dispute;\n    (c) the powers that the Federal Circuit and Family Court of Australia (Division 2) may exercise under that law;\n    (d) the powers that may be exercised when executing an order made by the Court.\n  (2) This Subdivision does not apply in relation to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory unless:\n    (a) the dispute involves a residential tenancy agreement within the meaning of the ACT Residential Tenancies Act; and\n    (b) disregarding the effect of this instrument, the ACT Residential Tenancies Act applies to the residential tenancy agreement.\n  (3) 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.\n\n#### 12 Rights of the parties\n\n  (1) This section applies to a party to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory if:\n    (a) the party is a tenant within the meaning of the ACT Residential Tenancies Act; and\n    (b) the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine the dispute.\n  (2) The party must not make an application to the ACT Civil and Administrative Tribunal under the ACT Residential Tenancies Act in relation to a lease, licence or other arrangement to possess, occupy or use land that is the subject of the dispute.\n\n#### 13 Law to be applied\n\n  (1) This section applies when determining a Commonwealth tenancy dispute involving:\n    (a) land in the Jervis Bay Territory; and\n    (b) any of the following:\n    (i) the recovery of rent or other payments payable under or in relation to a lease, licence or other arrangement;\n    (ii) the termination, or proposed termination, of a lease, licence or other arrangement;\n    (iii) the possession, occupation or use of the land.\n  (2) To the extent that the Commonwealth tenancy dispute covers the matter mentioned in subparagraph (1)(b)(i), the following provisions:\n    (a) section 83 of the ACT Residential Tenancies Act;\n    (b) any other provision of that Act or regulations made under that Act, to the extent that it relates to section 83 of that Act;\n  are to be applied:\n    (c) to the extent necessary to determine the dispute; and\n    (d) subject to the modifications set out in section 14 of this instrument.\n  (3) To the extent that the Commonwealth tenancy dispute covers a matter mentioned in subparagraph (1)(b)(ii) or (iii), the following provisions:\n    (a) Part 4 of the ACT Residential Tenancies Act;\n    (b) section 83 of that Act;\n    (c) clauses 92 and 93 of Schedule 1 to that Act;\n    (d) any other provision of that Act or regulations made under that Act, to the extent that they relate to Part 4 or section 83 of that Act, or clause 92 or 93 of Schedule 1 to that Act;\n  are to be applied:\n    (e) to the extent necessary to determine the dispute; and\n    (f) subject to the modifications set out in section 14 of this instrument.\n  (4) The provisions mentioned in subsections (2) and (3) are the applicable Jervis Bay Territory law.\n\n#### 14 Modifications of applicable Jervis Bay Territory law\n\n  (1) The applicable Jervis Bay Territory law is to be applied as if:\n    (a) a reference to the ACAT or the tribunal were a reference to the Federal Circuit and Family Court of Australia (Division 2); and\n    (b) a reference to the registrar were a reference to a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2).\n  (2) The ACT Residential Tenancies Act is to be applied as if sections 76, 77, 78 and 86 were excluded.\n\n#### 15 Powers of the Court\n\n  In determining a Commonwealth tenancy dispute involving land in the Jervis Bay Territory, the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers that are:\n    (a) powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) relevant to determining the dispute.\n\n#### 15A Powers when executing orders made by the Court\n\n  If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of a registrar of the ACT Civil and Administrative Tribunal;\n  to the extent that those powers are relevant to the execution or enforcement of the order.\n\n#### Subdivision B—Disputes involving tenancy arrangements to which the ACT Residential Tenancies Act does not apply\n\n#### 16 Operation of this Subdivision\n\n  (1) This Subdivision makes provision in relation to the following matters in respect of a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the rights of the parties to the dispute;\n    (b) the law to be applied in determining the dispute;\n    (c) the powers that the Federal Circuit and Family Court of Australia (Division 2) may exercise under that law;\n    (d) the powers that may be exercised when executing an order made by the Court.\n  (2) This Subdivision does not apply in relation to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory unless:\n    (a) disregarding the effect of this instrument, the ACT Residential Tenancies Act does not apply in relation to the relevant lease, licence or other arrangement; but\n    (b) if that Act did apply, the lease, licence or other arrangement would involve a residential tenancy agreement within the meaning of that Act.\n  (3) 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.\n\n#### 17 Rights of the parties\n\n  (1) This section applies to a party to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory if:\n    (a) the party is a tenant within the meaning of the ACT Residential Tenancies Act; and\n    (b) the Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine the dispute.\n  (2) The party must not make an application to the ACT Civil and Administrative Tribunal under the ACT Residential Tenancies Act in relation to a lease, licence or other arrangement to possess, occupy or use land that is the subject of the dispute.\n\n#### 18 Law to be applied\n\n  (1) This section applies when determining a Commonwealth tenancy dispute involving:\n    (a) land in the Jervis Bay Territory; and\n    (b) any of the following:\n    (i) the recovery of rent or other payments payable under or in relation to a lease, licence or other arrangement;\n    (ii) the termination, or proposed termination, of a lease, licence or other arrangement;\n    (iii) the possession, occupation or use of the land.\n  (2) To the extent that the Commonwealth tenancy dispute covers the matter mentioned in subparagraph (1)(b)(i), the following provisions:\n    (a) section 83 of the ACT Residential Tenancies Act;\n    (b) any other provision of that Act or regulations made under that Act, to the extent that it relates to section 83 of that Act;\n  are to be applied:\n    (c) to the extent necessary to determine the dispute; and\n    (d) subject to the modifications set out in section 19 of this instrument.\n  (3) To the extent that the Commonwealth tenancy dispute covers a matter mentioned in subparagraph (1)(b)(ii) or (iii), the following provisions:\n    (a) Part 4 of the ACT Residential Tenancies Act;\n    (b) section 83 of that Act;\n    (c) any other provision of that Act or regulations made under that Act, to the extent that they relate to Part 4 or section 83 of that Act;\n  are to be applied:\n    (d) to the extent necessary to determine the dispute; and\n    (e) subject to the modifications set out in section 19 of this instrument.\n  (4) The provisions mentioned in subsections (2) and (3) are the applicable Jervis Bay Territory law.\n\n#### 19 Modifications of applicable Jervis Bay Territory law\n\n  (1) The applicable Jervis Bay Territory law is to be applied as if:\n    (a) a reference to the ACAT or the tribunal were a reference to the Federal Circuit and Family Court of Australia (Division 2); and\n    (b) a reference to the registrar were a reference to a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2); and\n    (c) a reference to a residential tenancy agreement were a reference to a lease, licence or other arrangement; and\n    (d) a reference to standard residential tenancy terms were a reference to terms and conditions of the lease, licence or other arrangement; and\n    (e) a reference to a tenancy dispute were a reference to a Commonwealth tenancy dispute; and\n    (f) the reference to the Territory in paragraph 83(c) were omitted; and\n    (g) a reference to “under the Residential Tenancies Act 1997, schedule 1” in subparagraph 5(a)(iii) of the Residential Tenancies Regulation 1998 (ACT) were a reference to “under the lease, licence or other arrangement”.\n  (2) The ACT Residential Tenancies Act is to be applied as if the following provisions of that Act were excluded:\n    (a) Part 2;\n    (b) paragraph 43(1)(b);\n    (c) subparagraph 48(1)(a)(iv);\n    (d) paragraph 54(1)(b);\n    (e) sections 72, 76, 77 and 78;\n    (f) paragraphs 82(a) and 83(e);\n    (g) section 86.\n\n#### 20 Powers of the Court\n\n  In determining a Commonwealth tenancy dispute involving land in the Jervis Bay Territory, the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers that are:\n    (a) powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) relevant to determining the dispute.\n\n#### 21 Powers when executing orders made by the Court\n\n  If the Federal Circuit and Family Court of Australia (Division 2) makes an order when exercising jurisdiction over a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:\n    (a) the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and\n    (b) a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2) may exercise any powers of a registrar of the ACT Civil and Administrative Tribunal;\n  to the extent that those powers are relevant to the execution or enforcement of the order.\n\n## Part 4—Transitional and application provisions\n\n### Division 1—Application of the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2017\n\n#### 50 Application of amendments\n\nThe amendments made by the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2017 apply in relation to Commonwealth tenancy disputes arising before or after the commencement of that instrument\n\n### Division 2—Application of the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2021\n\n#### 51 Application of amendments\n\nThe amendments made by the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2021 apply in relation to Commonwealth tenancy disputes arising before or after the commencement of that instrument.","sortOrder":29},{"sectionNumber":"50","sectionType":"section","heading":"Application of amendments","content":"#### 50 Application of amendments\n\nThe amendments made by the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2017 apply in relation to Commonwealth tenancy disputes arising before or after the commencement of that instrument","sortOrder":31},{"sectionNumber":"51","sectionType":"section","heading":"Application of amendments","content":"#### 51 Application of amendments\n\nThe amendments made by the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2021 apply in relation to Commonwealth tenancy disputes arising before or after the commencement of that instrument.","sortOrder":33}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Compared with a straightforward single-purpose conferral of federal jurisdiction over Commonwealth tenancy disputes, this version expands and refines scope in several concrete ways: it (a) sets out separate, detailed application rules for NSW and the Jervis Bay Territory (including two distinct Subdivisions in Jervis Bay depending on whether the ACT tenancy law applies), (b) imports and modifies substantial tranches of state/territory tenancy law rather than creating a simple federal tenancy code (see sections 7–8, 13–14, 18–19), and (c) expressly equips the Federal Circuit and Family Court (Division 2) and its registrars and sheriffs to exercise tribunal-style decision and enforcement powers (with operational safeguards) in place of, or instead of, state tribunals (see sections 9–10 and 15–15A). The transitional clauses (sections 50–51) and the lists of excluded ACT provisions (sections 14(2), 19(2)) are further concrete changes that adjust applicability and remove specified provisions of the ACT law for these federal cases. Together these changes broaden the instrument from a narrow jurisdictional grant to a detailed, operational framework for applying, modifying and enforcing state/ACT tenancy laws in a federal court forum."},"complexity_factors":["Multiple jurisdictional streams: separate rules for NSW (Division 1) and Jervis Bay Territory (Division 2), with further Subdivisions A and B in Division 2 (nested conditional structure).","Heavy cross-referencing to external statutes and specific sections/parts (Residential Tenancies Act 2010 (NSW); Residential Tenancies Act 1997 (ACT) as applied in Jervis Bay; Sheriff Act 2005 (NSW)), requiring reading of multiple other Acts to understand effect (many cited subsections and clauses).","Several defined terms (Act; ACT Residential Tenancies Act; applicable Jervis Bay Territory law; applicable NSW law; relevant Registrar) that change how other provisions operate (section 4 and repeated definitions).","Multiple, jurisdiction‑specific modifications: substitutions (e.g. ‘Tribunal’ -> ‘Federal Circuit and Family Court (Division 2)’), plus express inclusions and exclusions of particular sections of the ACT Act (e.g. lists in sections 14(2) and 19(2)).","Conditional application rules: provisions apply ‘to the extent necessary’ and ‘subject to the modifications’ (e.g. sections 7(1), 13(2)–(3), 18(2)–(3)), which generates interpretive thresholds.","Enforcement power rules with several operational constraints (limits on night entry, force, requirement of reasonable belief for lethal force, AFP assistance) — multiple sub-conditions within single sections (see section 10(2)).","Transitional provisions and multiple amendment instruments (2017 and 2021) declared to operate both retrospectively and prospectively (sections 50–51), which can complicate timing and applicability analyses."],"plain_english_summary":"**What this instrument does (mechanics)\n\n- Gives the Federal Circuit and Family Court of Australia (Division 2) the power to hear and decide certain tenancy disputes where the Commonwealth is the landlord/licensor/grantor and a Commonwealth officer or employee (not Defence Force) is the tenant/licensee/grantee (see section 4A).\n\n- For disputes about land in New South Wales, it says the Court must apply the NSW Residential Tenancies Act 2010 (and its regulations) to the extent necessary, but with specific tweaks so references to the state tribunal, its principal registrar and state sheriffs read as references to the Federal Circuit and Family Court (Division 2) and its registrars and sheriffs (see sections 5–10, especially 7–8 and 10). The Court can exercise the powers the NSW tribunal would normally have for matters relevant to deciding and enforcing the dispute (section 9, 10).\n\n- For disputes about land in the Jervis Bay Territory the instrument distinguishes two situations:\n  - Subdivision A: where the ACT Residential Tenancies Act (as applied in Jervis Bay) would apply — the instrument identifies which parts of the ACT Act apply and modifies them so the Federal Court stands in for the ACT tribunal and registrar (sections 11–15, particularly 13–14).\n  - Subdivision B: where the ACT Act would not normally apply but, if it did, the arrangement would be a residential tenancy — certain parts of the ACT Act are applied with further modifications and exclusions (sections 16–21, particularly 18–19).\n\n- In each jurisdictional stream the instrument prevents a tenant who falls within its scope from taking the same dispute to the relevant state/territory tribunal while the Federal Circuit and Family Court (Division 2) has jurisdiction (see sections 6, 12 and 17).\n\n- It authorises the Court, its registrars and its sheriffs to use tribunal-like powers (including enforcement powers) when executing orders, but it also places limits on execution (for example, constraints on entering a dwelling at night, limits on force, and allowing assistance from the Australian Federal Police) (see sections 10(1)–(3) and 10(2)(a)–(d); and 15A for Jervis Bay provisions).\n\n- Transitional clauses confirm that amendments made by later amendment instruments (2017 and 2021 instruments) apply to disputes arising before or after their commencement (see sections 50–51).\n\n\nWho this affects\n\n- The Commonwealth (or a person suing/being sued for the Commonwealth) when it is the lessor/licensor/grantor of a right to occupy Commonwealth land (section 4A).\n- Commonwealth officers and employees who occupy Commonwealth land under a lease, licence or similar arrangement — but not Defence Force members (section 4A(b)).\n- Tenants (as defined by the relevant state/territory tenancy law) who, if the Court takes jurisdiction, are barred from lodging the same claim in the equivalent state/territory tribunal (sections 6, 12, 17).\n- Court officers: relevant Registrars, the Court’s Sheriff and Deputy Sheriffs, and the Australian Federal Police when assistance is authorised for enforcement (sections 4 definition of relevant Registrar; 10(2)(a)).\n\n\nWhy it matters (official purpose claims and practical consequences)\n\n- Officially: the instrument centralises resolution of tenancy disputes involving the Commonwealth and Commonwealth staff in a federal court forum and provides a mechanism for the Court to apply and enforce state/territory residential-tenancy laws with necessary adjustments (see overall structure: Part 2 conferral, Part 3 provisions).\n\n- Practical effects and trade-offs (tested against costs, incentives and implementation):\n  - Forum shift and private choice: affected tenants lose the option of taking the same claim to the relevant state or territory tribunal once the Federal Court has jurisdiction (sections 6(2), 12(2), 17(2)). That removes a parallel forum option and concentrates dispute resolution in the federal court system.\n  - Concentrated beneficiary: the Commonwealth (as landlord) and the federal court system obtain a consistent national forum for these disputes (section 4A; Parts 3). That concentrates the procedural benefits for one (the Commonwealth) relative to the dispersed private tenants.\n  - Enforcement and administrative burden: registrars and sheriffs of the Federal Circuit and Family Court (Division 2) take on roles ordinarily exercised by state tribunals and sheriffs (see modifications in sections 8(1), 14(1), 19(1), and execution powers in sections 10 and 15A). That imposes operational and compliance tasks on federal court officers and may require inter-agency coordination (e.g. with state sheriffs or AFP when assistance is needed).\n  - Legal complexity and interpretive cost: the Court must apply state/territory tenancy laws but with detailed modifications and specific exclusions (see modifications in sections 8, 14, 19). Applying another jurisdiction’s statute with tailored substitutions and excluded provisions increases legal complexity for judges, practitioners and parties (cross-references to specific sections of the ACT and NSW Acts appear throughout).\n  - Risk of gaps or inconsistent application: the instrument excludes or omits several provisions of the ACT tenancy law for Jervis Bay cases (see section 14(2) and 19(2) lists). Excluding multiple provisions risks creating interpretive questions about how disputed rights or remedies function when portions of the underlying Act are removed.\n  - Enforcement safeguards and limits: the instrument does not give unconstrained enforcement power to federal sheriffs — it sets conduct limits (no forced night entry unless impracticable, proportional force, avoid causing grievous bodily harm, etc.) and allows AFP assistance (section 10(2)). Those are concrete constraints that shape how orders are executed and allocate operational responsibilities.\n\n\nKey sections to look at quickly\n\n- Jurisdiction conferral (who) — section 4A.\n- Bar on taking the same dispute to state/territory tribunal (tenant rights) — sections 6, 12, 17.\n- Apply state/territory tenancy law, with modifications — sections 7–8 (NSW); 13–14 and 18–19 (Jervis Bay/ACT).\n- Execution/enforcement powers and limits — sections 10 and 15A.\n- Transitional application of later amendments — sections 50–51.\n\n\nNet effect in one sentence\n\nThis instrument channels specified tenancy disputes between the Commonwealth (as landlord) and Commonwealth staff (as tenants) into the Federal Circuit and Family Court (Division 2), requires the Court to apply relevant state or ACT tenancy laws with particular adjustments, prevents parallel tribunal claims, and equips the Court and its officers with tribunal-style decision and enforcement powers subject to stated limits (see 4A; Parts 3 and 4)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":677},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The instrument remains focused on its original purpose: conferring jurisdiction on the Federal Circuit and Family Court for Commonwealth tenancy disputes in non-self-governing territories. The 2017 and 2021 amendments appear to be technical updates (likely reflecting court restructuring and the 2021 Act consolidation) rather than expansion of scope."},"complexity_factors":["Multiple overlapping jurisdictional schemes (NSW and Jervis Bay Territory with different rules)","Nested subdivisions: Part 3 Division 2 has Subdivisions A and B with different modification regimes","Extensive cross-referencing to external legislation (NSW Residential Tenancies Act 2010, ACT Residential Tenancies Act 1997, Sheriff Act 2005 (NSW), Jervis Bay Territory Acceptance Act 1915)","Conditional definitions: 'applicable Jervis Bay Territory law' has different meanings depending on which subdivision applies","Numerous 'modifications' provisions that rewrite external statutes by substitution (e.g., 'as if a reference to X were a reference to Y')","Exclusion of multiple sections from the ACT Act (sections 76, 77, 78, 86 in Subdivision A; additional exclusions in Subdivision B including Part 2, multiple paragraphs and sections)","Detailed enforcement restrictions on the Sheriff including time-of-entry limits, force limitations, and AFP assistance provisions","Transitional provisions applying amendments retrospectively"],"plain_english_summary":"Gives the Federal Circuit and Family Court authority to hear tenancy disputes where the Commonwealth (or its agent) is landlord and a Commonwealth officer or employee (not Defence members) is tenant. In NSW and Jervis Bay the Court applies the relevant residential tenancies law (with modifications), can decide rent, termination and possession matters, and enforce orders via its Sheriff and Registrars.\n\nKey limits: a tenant who brings a dispute here cannot also apply to the state/territory tribunal. Amended in 2017 and 2021."}},"importantCases":[],"_links":{"self":"/api/acts/federal-circuit-and-family-court-of-australia-commonwealth-tenancy-disputes-instrument-2015","history":"/api/acts/federal-circuit-and-family-court-of-australia-commonwealth-tenancy-disputes-instrument-2015/history","analysis":"/api/acts/federal-circuit-and-family-court-of-australia-commonwealth-tenancy-disputes-instrument-2015/analysis","conflicts":"/api/acts/federal-circuit-and-family-court-of-australia-commonwealth-tenancy-disputes-instrument-2015/conflicts","importantCases":"/api/acts/federal-circuit-and-family-court-of-australia-commonwealth-tenancy-disputes-instrument-2015/important-cases","documents":"/api/acts/federal-circuit-and-family-court-of-australia-commonwealth-tenancy-disputes-instrument-2015/documents"}}