{"id":"C2021A00013","name":"Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021","slug":"federal-circuit-and-family-court-of-australia-consequential-amendments-and-transitional-provisions-a","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"13 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436341,"registerId":"C2021A00013-fast-fetch-1775953566759","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Repeal of the Federal Circuit Court of Australia Act 1999","content":"Schedule 3—Repeal of the Federal Circuit Court of Australia Act 1999\n\n","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"Repeals","content":"Part 1—Repeals\n\nFederal Circuit Court of Australia Act 1999\n\nPart 2—Saving and transitional provisions\n\nSchedule 4—Contingent amendments\n\nPart 1—Aged Care Legislation Amendment (New Commissioner Functions) Act 2019\n\nAged Care Quality and Safety Commission Act 2018\n\n","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Communications Legislation Amendment (Deregulation and Other Measures) Act 2019","content":"Part 2—Communications Legislation Amendment (Deregulation and Other Measures) Act 2019\n\nCommunications Legislation Amendment (Deregulation and Other Measures) Act 2019\n\nPart 3—Fair Work Laws Amendment (Proper Use of Worker Benefits) Act 2021\n\nPart 4—Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020\n\nPart 5—Interactive Gambling Amendment (National Self‑exclusion Register) Act 2019\n\nPart 6—National Sports Tribunal Act 2019\n\nNational Sports Tribunal Act 2019\n\n","sortOrder":2},{"sectionNumber":"Part 7","sectionType":"part","heading":"Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 2019","content":"Part 7—Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 2019\n\n","sortOrder":3},{"sectionNumber":"Part 8","sectionType":"part","heading":"Student Identifiers Amendment (Enhanced Student Permissions) Act 2020","content":"Part 8—Student Identifiers Amendment (Enhanced Student Permissions) Act 2020\n\nStudent Identifiers Act 2014\n\n","sortOrder":4},{"sectionNumber":"Part 9","sectionType":"part","heading":"Telecommunications Legislation Amendment (Competition and Consumer) Act 2020","content":"Part 9—Telecommunications Legislation Amendment (Competition and Consumer) Act 2020\n\nTelecommunications Act 1997\n\nTelecommunications (Consumer Protection and Service Standards) Act 1999\n\nSchedule 5—Transitional provisions\n\nPart 1—Introduction\n\nPart 2—Continuity of the Family Court of Australia, and Judges and personnel of the Court\n\nPart 3—Continuity of the Federal Circuit Court of Australia, and Judges and personnel of the Court\n\nPart 4—Transitional arrangements for appeals\n\nDivision 1—Appeals or applications not made, but time for making appeal or application not expired\n\nDivision 2—Matters not substantively heard before the commencement day\n\nDivision 3—Matters substantively heard, in whole or in part, before the commencement day\n\nDivision 4—Miscellaneous\n\nPart 5—Miscellaneous\n\n![Commonwealth Coat of Arms of Australia](image.002.png)\n\n \n\n \n\nFederal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021\n\nNo. 13, 2021\n\n \n\n \n\n \n\nAn Act to deal with consequential and transitional matters in connection with the Federal Circuit and Family Court of Australia Act 2021, and for related purposes\n\n[Assented to 1 March 2021]\n\nThe Parliament of Australia enacts:\n\n","sortOrder":5},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1  Short title\n\n  This Act is the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021.\n\n","sortOrder":6},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 1 March 2021\n- 2. Schedule 1, Parts 1 and 2 At the same time as the Federal Circuit and Family Court of Australia Act 2021 commences.However, the provisions do not commence at all if that Act does not commence. 1 September 2021\n- 3. Schedule 1, Part 3 The later of:(a) 1 January 2020; and(b) at the same time as the commencement of the provisions covered by table item 2. 1 September 2021(paragraph (b) applies)\n- 4. Schedule 1, Part 4 The day after the end of the period of 18 months beginning on the day the Federal Circuit and Family Court of Australia Act 2021 commences. 1 March 2023\n- 5. Schedules 2 and 3 At the same time as the provisions covered by table item 2. 1 September 2021\n- 6. Schedule 4, Part 1 The later of:(a) at the same time as the commencement of the provisions covered by table item 2; and(b) immediately after the commencement of Schedule 2 to the Aged Care Legislation Amendment (New Commissioner Functions) Act 2019.However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 1 September 2021(paragraph (a) applies)\n- 7. Schedule 4, Part 2 The later of:(a) at the same time as the commencement of the provisions covered by table item 2; and(b) immediately after the commencement of the Communications Legislation Amendment (Deregulation and Other Measures) Act 2019.However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 1 September 2021(paragraph (a) applies)\n- 8. Schedule 4, Part 3 The later of:(a) at the same time as the commencement of the provisions covered by table item 2; and(b) immediately after the commencement of item 3 of Schedule 4 to the Fair Work Laws Amendment (Proper Use of Worker Benefits) Act 2021.However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. Never commenced\n- 9. Schedule 4, Part 4 The later of:(a) at the same time as the commencement of the provisions covered by table item 2; and(b) immediately after the commencement of the Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020.However, the provisions do not commence at all unless both of the events mentioned in paragraphs (a) and (b) occur. 28 September 2022(paragraph (b) applies)\n- 10. Schedule 4, Part 5 The later of:(a) at the same time as the commencement of the provisions covered by table item 2; and(b) immediately after the commencement of the Interactive Gambling Amendment (National Self‑exclusion Register) Act 2019.However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 1 September 2021(paragraph (a) applies)\n- 11. Schedule 4, Part 6 The later of:(a) at the same time as the commencement of the provisions covered by table item 2; and(b) immediately after the commencement of the National Sports Tribunal Act 2019.However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 1 September 2021(paragraph (a) applies)\n- 12. Schedule 4, Part 7 The later of:(a) at the same time as the commencement of the provisions covered by table item 2; and(b) immediately after the commencement of Division 1 of Part 1 of Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 2019.However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 1 September 2021(paragraph (a) applies)\n- 13. Schedule 4, Part 8 The later of:(a) at the same time as the commencement of the provisions covered by table item 2; and(b) immediately after the commencement of the Student Identifiers Amendment (Enhanced Student Permissions) Act 2020.However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 1 September 2021(paragraph (a) applies)\n- 14. Schedule 4, Part 9 The later of:(a) at the same time as the commencement of the provisions covered by table item 2; and(b) immediately after the commencement of Schedule 4 to the Telecommunications Legislation Amendment (Competition and Consumer) Act 2020.However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 1 September 2021(paragraph (a) applies)\n- 15. Schedule 5 At the same time as the provisions covered by table item 2. 1 September 2021\n\nNote: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n","sortOrder":7},{"sectionNumber":"3","sectionType":"section","heading":"Schedules","content":"3  Schedules\n\n  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\nSchedule 1—Amendments relating to the Federal Circuit and Family Court of Australia\n\nPart 1—Amendments\n\n1  Subsection 4(1)\n\nOmit “, the standard Rules of Court and the related Federal Circuit Court Rules, unless the contrary intention appears”, substitute “and the applicable Rules of Court”.\n\n2  Subsection 4(1)\n\n (a) definition of administrative affairs;\n\n (b) definition of appeal;\n\n (c) definition of Appeal Division.\n\n3  Subsection 4(1) (definition of applicable Rules of Court)\n\napplicable Rules of Court:\n\n (a) in relation to the Federal Circuit and Family Court of Australia (Division 1)—means the Federal Circuit and Family Court of Australia (Division 1) Rules; and\n\n (b) in relation to the Federal Circuit and Family Court of Australia (Division 2)—means the related Federal Circuit and Family Court of Australia (Division 2) Rules; and\n\n (c) in relation to any other court—means the standard Rules of Court.\n\n","sortOrder":8},{"sectionNumber":"4","sectionType":"section","heading":"Subsection 4(1) (definition of Chief Executive Officer)","content":"4  Subsection 4(1) (definition of Chief Executive Officer)\n\nChief Executive Officer means the Chief Executive Officer and Principal Registrar of the Federal Circuit and Family Court of Australia (Division 1).\n\n","sortOrder":9},{"sectionNumber":"5","sectionType":"section","heading":"Subsection 4(1)","content":"5  Subsection 4(1)\n\n (a) definition of Chief Justice;\n\n (b) definition of complaint;\n\n (c) definition of complaint handler;\n\n (d) definition of corporate services.\n\n","sortOrder":10},{"sectionNumber":"6","sectionType":"section","heading":"Subsection 4(1) (at the end of the definition of court)","content":"6  Subsection 4(1) (at the end of the definition of court)\n\nAdd “, the Federal Circuit and Family Court of Australia Act 2021, the Child Support (Assessment) Act 1989 or the Child Support (Registration and Collection) Act 1988”.\n\n","sortOrder":11},{"sectionNumber":"7","sectionType":"section","heading":"Subsection 4(1) (definition of Deputy Chief Justice)","content":"7  Subsection 4(1) (definition of Deputy Chief Justice)\n\n","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Subsection 4(1)","content":"8  Subsection 4(1)\n\nFederal Circuit and Family Court of Australia (Division 1) Rules means the Rules of Court made under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021.\n\n","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Subsection 4(1)","content":"9  Subsection 4(1)\n\n (b) definition of Federal Circuit Court Chief Executive Officer.\n\n","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Subsection 4(1)","content":"10  Subsection 4(1)\n\n (a) definition of Full Court;\n\n (b) definition of General Division;\n\n (c) definition of handle.\n\n","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Subsection 4(1) (definition of Registrar)","content":"11  Subsection 4(1) (definition of Registrar)\n\nRegistrar means:\n\n (a) in relation to the Federal Circuit and Family Court of Australia (Division 1)—a Senior Registrar or Registrar of the Court; or\n\n (b) in relation to the Federal Circuit and Family Court of Australia (Division 2)—a Senior Registrar or Registrar of the Court; or\n\n (c) in relation to any other court—the principal legal officer of the court or any other appropriate officer of the court.\n\n","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Subsection 4(1) (definition of Registry Manager)","content":"12  Subsection 4(1) (definition of Registry Manager)\n\nRegistry Manager:\n\n (a) in relation to the Federal Circuit and Family Court of Australia (Division 1), means a Registry Manager of the Court; and\n\n (b) in relation to the Federal Circuit and Family Court of Australia (Division 2), means a Registry Manager of the Court; and\n\n (c) in relation to any other court, means the principal officer of the court or any other appropriate officer or staff member of the court.\n\n","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Subsection 4(1)","content":"13  Subsection 4(1)\n\nrelated Federal Circuit and Family Court of Australia (Division 2) Rules means the Rules of Court made under Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021 to the extent to which they relate to this Act.\n\n","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Subsection 4(1)","content":"14  Subsection 4(1)\n\n (a) definition of related Federal Circuit Court Rules;\n\n (b) definition of relevant belief;\n\n (c) definition of split court.\n\n","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Subsection 4(1A)","content":"15  Subsection 4(1A)\n\n (1A) In this Act and the applicable Rules of Court, a reference to a Family Court of a State is a reference to a court to which section 41 applies.\n\n","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Subsections 4(2) and (2A)","content":"16  Subsections 4(2) and (2A)\n\nOmit “, the standard Rules of Court or the related Federal Circuit Court Rules”, substitute “or the applicable Rules of Court”.\n\n","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Subsection 4(3)","content":"17  Subsection 4(3)\n\n (3) To avoid doubt, for all purposes:\n\n (a) jurisdiction under a provision of the Federal Circuit and Family Court of Australia Act 2021 referring to this Act is taken to be jurisdiction under this Act; and\n\n (b) jurisdiction under paragraphs 25(1)(a) and (b) of the Federal Circuit and Family Court of Australia Act 2021 is taken to be jurisdiction under this Act; and\n\n (c) jurisdiction under section 101 of the Child Support (Assessment) Act 1989 and under section 106 of the Child Support (Registration and Collection) Act 1988 is taken to be jurisdiction under this Act; and\n\n (d) jurisdiction under the applicable Rules of Court is taken to be jurisdiction under this Act; and\n\n (e) proceedings transferred under section 51 or 149 of the Federal Circuit and Family Court of Australia Act 2021 referring to this Act are taken to be proceedings under this Act; and\n\n (f) proceedings under the applicable Rules of Court are taken to be proceedings under this Act; and\n\n (g) an order (however described) made by a court under the applicable Rules of Court is taken to be an order made by the court under this Act.\n\n","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Subsection 8(1)","content":"18  Subsection 8(1)\n\n (1) After the commencement of this Act, proceedings by way of a matrimonial cause shall not be instituted except under this Act.\n\n","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Section 9","content":"19  Section 9\n\n","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Paragraphs 10C(1)(c) and (d)","content":"20  Paragraphs 10C(1)(c) and (d)\n\n (c) a person who is authorised to act under section 281 of the Federal Circuit and Family Court of Australia Act 2021 as a family counsellor; or\n\n","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Paragraphs 10G(1)(c) and (d)","content":"21  Paragraphs 10G(1)(c) and (d)\n\n (c) a person who is authorised to act under section 281 of the Federal Circuit and Family Court of Australia Act 2021 as a family dispute resolution practitioner; or\n\n","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Section 10P","content":"22  Section 10P\n\n","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Section 11B (note)","content":"23  Section 11B (note)\n\nOmit “See Division 1A of Part IVA of this Act”, substitute “See Part 1 of Chapter 5 of the Federal Circuit and Family Court of Australia Act 2021”.\n\n","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Subsection 11C(1) (note 1)","content":"24  Subsection 11C(1) (note 1)\n\nOmit “subsection 38BD(3)”, substitute “subsection 281(3) of the Federal Circuit and Family Court of Australia Act 2021”.\n\n","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Section 11D","content":"25  Section 11D\n\n","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Subparagraphs 11E(1)(e)(i) and (ia)","content":"26  Subparagraphs 11E(1)(e)(i) and (ia)\n\n (i) if the court is the Federal Circuit and Family Court of Australia—a family consultant nominated by the Chief Executive Officer; or\n\n","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":"Subparagraph 11E(1)(e)(iii)","content":"27  Subparagraph 11E(1)(e)(iii)\n\nOmit “, (ia)”.\n\n","sortOrder":32},{"sectionNumber":"28","sectionType":"section","heading":"Section 13G (heading)","content":"28  Section 13G (heading)\n\nOmit “Family Court and Federal Circuit Court”, substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n","sortOrder":33},{"sectionNumber":"29","sectionType":"section","heading":"Paragraphs 13G(1)(a), (b) and (c)","content":"29  Paragraphs 13G(1)(a), (b) and (c)\n\n (b) a single judge of the Family Court of a State.\n\n","sortOrder":34},{"sectionNumber":"30","sectionType":"section","heading":"Subsection 13G(3)","content":"30  Subsection 13G(3)\n\n","sortOrder":35},{"sectionNumber":"31","sectionType":"section","heading":"Section 13J (heading)","content":"31  Section 13J (heading)\n\nOmit “Family Court or Federal Circuit Court”, substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n","sortOrder":36},{"sectionNumber":"32","sectionType":"section","heading":"Paragraphs 13J(1)(a), (b) and (c)","content":"32  Paragraphs 13J(1)(a), (b) and (c)\n\n (b) a single judge of the Family Court of a State.\n\n","sortOrder":37},{"sectionNumber":"33","sectionType":"section","heading":"Subsection 13J(2)","content":"33  Subsection 13J(2)\n\nOmit “Federal Circuit Court of Australia” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n","sortOrder":38},{"sectionNumber":"34","sectionType":"section","heading":"Section 13K (heading)","content":"34  Section 13K (heading)\n\nOmit “Family Court and Federal Circuit Court”, substitute “Federal Circuit and Family Court of Australia”.\n\n","sortOrder":39},{"sectionNumber":"35","sectionType":"section","heading":"Paragraphs 13K(1)(a) and (b)","content":"35  Paragraphs 13K(1)(a) and (b)\n\n","sortOrder":40},{"sectionNumber":"36","sectionType":"section","heading":"Parts IV and IVA","content":"36  Parts IV and IVA\n\nRepeal the Parts.\n\n","sortOrder":41},{"sectionNumber":"37","sectionType":"section","heading":"Paragraph 39(1)(a)","content":"37  Paragraph 39(1)(a)\n\n (a) in the Federal Circuit and Family Court of Australia (Division 2); or\n\n38  Subsection 39(1A)\n\n39  Subsection 39(5)\n\n40  Paragraph 39(5)(b)\n\n41  Paragraph 39(5)(d)\n\n (d) proceedings are instituted under:\n\n (i) regulations made for the purposes of section 109, 110, 111, 111A or 111B; or\n\n (ii) regulations made for the purposes of paragraph 125(1)(f) or (g); or\n\n (iii) provisions of the applicable Rules of Court dealing with the attachment of money payable by the Commonwealth, a State, a Territory or the Government of a Territory, or an authority of the Commonwealth, of a State or of a Territory; or\n\n","sortOrder":42},{"sectionNumber":"42","sectionType":"section","heading":"Subsections 39(5AA) and (5A)","content":"42  Subsections 39(5AA) and (5A)\n\nRepeal the subsections.\n\n","sortOrder":43},{"sectionNumber":"43","sectionType":"section","heading":"Paragraph 39(6)(b)","content":"43  Paragraph 39(6)(b)\n\n","sortOrder":44},{"sectionNumber":"44","sectionType":"section","heading":"Paragraph 39(6)(d)","content":"44  Paragraph 39(6)(d)\n\n (d) proceedings are instituted under:\n\n (i) regulations made for the purposes of section 109, 110, 111, 111A or 111B; or\n\n (ii) regulations made for the purposes of paragraph 125(1)(f) or (g); or\n\n (iii) provisions of the applicable Rules of Court dealing with the attachment of money payable by the Commonwealth, a State, a Territory or the Government of a Territory, or an authority of the Commonwealth, of a State or of a Territory; or\n\n","sortOrder":45},{"sectionNumber":"45","sectionType":"section","heading":"Paragraphs 39A(1)(a) and (b)","content":"45  Paragraphs 39A(1)(a) and (b)\n\n","sortOrder":46},{"sectionNumber":"46","sectionType":"section","heading":"Paragraphs 39B(1)(a) and (b)","content":"46  Paragraphs 39B(1)(a) and (b)\n\n (a) the Federal Circuit and Family Court of Australia (Division 2); and\n\n","sortOrder":47},{"sectionNumber":"47","sectionType":"section","heading":"Subsection 39B(1) (notes 1 and 2)","content":"47  Subsection 39B(1) (notes 1 and 2)\n\nRepeal the notes, substitute:\n\nNote 1: The exercise of this jurisdiction by the Federal Circuit and Family Court of Australia (Division 2) is subject to section 40.\n\n","sortOrder":48},{"sectionNumber":"48","sectionType":"section","heading":"Section 39G","content":"48  Section 39G\n\n","sortOrder":49},{"sectionNumber":"39G","sectionType":"section","heading":"Jurisdiction in relation to transferred matters under other Commonwealth laws","content":"39G  Jurisdiction in relation to transferred matters under other Commonwealth laws\n\n  If proceedings in relation to a matter arising under a law of the Commonwealth are transferred under this Act or the Federal Circuit and Family Court of Australia Act 2021 to a court that has jurisdiction conferred on or invested in it by this Division, the jurisdiction so conferred on or invested in the court includes jurisdiction in relation to that matter.\n\n","sortOrder":50},{"sectionNumber":"49","sectionType":"section","heading":"Section 40 (heading)","content":"49  Section 40 (heading)\n\n","sortOrder":51},{"sectionNumber":"50","sectionType":"section","heading":"Subsection 40(1)","content":"50  Subsection 40(1)\n\nOmit “Family Court under this Act”, substitute “Federal Circuit and Family Court of Australia (Division 2) under this Act or the Federal Circuit and Family Court of Australia Act 2021”.\n\n","sortOrder":52},{"sectionNumber":"51","sectionType":"section","heading":"Subsection 40(6)","content":"51  Subsection 40(6)\n\nOmit all the words after “have been instituted in”, substitute “the Federal Circuit and Family Court of Australia (Division 2), may apply to that Court for an order transferring the proceedings to the Court, and the Court may order accordingly”.\n\n","sortOrder":53},{"sectionNumber":"52","sectionType":"section","heading":"Subsection 40(7)","content":"52  Subsection 40(7)\n\nOmit “standard Rules of Court”, substitute “Federal Circuit and Family Court of Australia (Division 1) Rules and the related Federal Circuit and Family Court of Australia (Division 2) Rules”.\n\n","sortOrder":54},{"sectionNumber":"53","sectionType":"section","heading":"Section 40A","content":"53  Section 40A\n\n","sortOrder":55},{"sectionNumber":"54","sectionType":"section","heading":"Subsection 41(3)","content":"54  Subsection 41(3)\n\nOmit “, 46, 94 and 96”, substitute “, 46, 47A and 47B of this Act and subsection 26(1) of the Federal Circuit and Family Court of Australia Act 2021”.\n\n","sortOrder":56},{"sectionNumber":"55","sectionType":"section","heading":"Subsection 41(5)","content":"55  Subsection 41(5)\n\nOmit “standard Rules of Court”, substitute “applicable Rules of Court”.\n\n","sortOrder":57},{"sectionNumber":"56","sectionType":"section","heading":"Subsection 43(1)","content":"56  Subsection 43(1)\n\nOmit “The Family Court shall, in the exercise of its jurisdiction under this Act, and any other court exercising jurisdiction under this Act shall, in the exercise of that jurisdiction,”, substitute “A court exercising jurisdiction under this Act must, in the exercise of that jurisdiction,”.\n\n","sortOrder":58},{"sectionNumber":"57","sectionType":"section","heading":"Subparagraph 44(1B)(a)(ii)","content":"57  Subparagraph 44(1B)(a)(ii)\n\nOmit “Family Court, the Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n","sortOrder":59},{"sectionNumber":"58","sectionType":"section","heading":"Subparagraph 44(1B)(a)(iii)","content":"58  Subparagraph 44(1B)(a)(iii)\n\nOmit “Family Court, the Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n","sortOrder":60},{"sectionNumber":"59","sectionType":"section","heading":"Subsection 45(1)","content":"59  Subsection 45(1)\n\nOmit “or are being continued in accordance with any of the provisions of section 9 and it appears to that court that other proceedings that have been so instituted or are being so continued”, substitute “and it appears to that court that other proceedings that have been so instituted”.\n\n","sortOrder":61},{"sectionNumber":"60","sectionType":"section","heading":"Subsection 45(2)","content":"60  Subsection 45(2)\n\nOmit “or are being continued in accordance with any of the provisions of section 9”.\n\n","sortOrder":62},{"sectionNumber":"61","sectionType":"section","heading":"Paragraphs 45(2)(a) and (b)","content":"61  Paragraphs 45(2)(a) and (b)\n\n (a) the first‑mentioned court is the Federal Circuit and Family Court of Australia (Division 1) and the other court is the Federal Circuit and Family Court of Australia (Division 2); or\n\n (b) the first‑mentioned court is the Federal Circuit and Family Court of Australia (Division 2) and the other court is the Federal Circuit and Family Court of Australia (Division 1).\n\n","sortOrder":63},{"sectionNumber":"62","sectionType":"section","heading":"Subsection 45(2) (notes 1 and 2)","content":"62  Subsection 45(2) (notes 1 and 2)\n\nRepeal the notes, substitute:\n\nNote 1: For transfers from the Federal Circuit and Family Court of Australia (Division 1) to the Federal Circuit and Family Court of Australia (Division 2), see section 52 of the Federal Circuit and Family Court of Australia Act 2021.\n\nNote 2: For transfers from the Federal Circuit and Family Court of Australia (Division 2) to the Federal Circuit and Family Court of Australia (Division 1), see sections 51 and 149 of the Federal Circuit and Family Court of Australia Act 2021.\n\n","sortOrder":64},{"sectionNumber":"63","sectionType":"section","heading":"Subparagraphs 46(1)(a)(i) to (iii)","content":"63  Subparagraphs 46(1)(a)(i) to (iii)\n\n (ii) a Family Court of a State; or\n\n (iii) the Supreme Court of a State or Territory; and\n\n","sortOrder":65},{"sectionNumber":"64","sectionType":"section","heading":"Subparagraphs 46(1)(b)(i) to (iii)","content":"64  Subparagraphs 46(1)(b)(i) to (iii)\n\n (ii) a Family Court of a State; or\n\n (iii) the Supreme Court of a State or Territory.\n\n","sortOrder":66},{"sectionNumber":"65","sectionType":"section","heading":"Paragraphs 46(1C)(a) to (c)","content":"65  Paragraphs 46(1C)(a) to (c)\n\n (b) a Family Court of a State; or\n\n (c) the Supreme Court of a State or Territory.\n\n","sortOrder":67},{"sectionNumber":"66","sectionType":"section","heading":"Paragraphs 46(2A)(c) to (e)","content":"66  Paragraphs 46(2A)(c) to (e)\n\n (c) the Federal Circuit and Family Court of Australia (Division 2); or\n\n (d) a Family Court of a State; or\n\n (e) the Supreme Court of a State or Territory.\n\n","sortOrder":68},{"sectionNumber":"67","sectionType":"section","heading":"Subsection 46(3A)","content":"67  Subsection 46(3A)\n\nOmit “, or continued under section 9,”.\n\n","sortOrder":69},{"sectionNumber":"68","sectionType":"section","heading":"Paragraphs 46(3A)(a) to (c)","content":"68  Paragraphs 46(3A)(a) to (c)\n\n (a) the Federal Circuit and Family Court of Australia (Division 2);\n\n (b) a Family Court of a State;\n\n (c) the Supreme Court of a State or Territory;\n\n","sortOrder":70},{"sectionNumber":"69","sectionType":"section","heading":"At the end of Part V","content":"69  At the end of Part V\n\nAdd:\n\n","sortOrder":71},{"sectionNumber":"Div 4","sectionType":"division","heading":"Appeals","content":"Division 4—Appeals\n\n","sortOrder":72},{"sectionNumber":"47A","sectionType":"section","heading":"Appeals from courts of summary jurisdiction","content":"47A  Appeals from courts of summary jurisdiction\n\n (1) Subject to section 47B, an appeal lies from a decree of a court of summary jurisdiction of a State or Territory exercising jurisdiction under:\n\n (a) this Act; or\n\n (b) the Child Support (Assessment) Act 1989; or\n\n (c) the Child Support (Registration and Collection) Act 1988;\n\nto:\n\n (d) the Federal Circuit and Family Court of Australia (Division 1); or\n\n (e) the Supreme Court of that State or Territory.\n\n (2) Subsection (1) does not apply to a decree of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.\n\n (3) An appeal under subsection (1) must be instituted within:\n\n (a) in the case of an appeal to the Federal Circuit and Family Court of Australia (Division 1):\n\n (i) the time prescribed by the Federal Circuit and Family Court (Division 1) Rules; or\n\n (ii) such further time as is allowed in accordance with those Rules; and\n\n (b) in any other case:\n\n (i) the time prescribed by the standard Rules of Court; or\n\n (ii) such further time as is allowed in accordance with those Rules.\n\n (4) The Supreme Court of each State is invested with federal jurisdiction, and jurisdiction is conferred on the Supreme Court of each Territory, with respect to matters arising under this Act, in respect of which appeals are instituted under this section.\n\nNote: For jurisdiction in relation to child support legislation, see section 101 of the Child Support (Assessment) Act 1989 and section 106 of the Child Support (Registration and Collection) Act 1988.\n\n (5) The Governor‑General may, by Proclamation, fix a date as the date on or after which appeals to the Supreme Court of a specified State or Territory under this section may not be instituted, and such a Proclamation may be expressed to apply only to proceedings of a specified class or specified classes.\n\n (6) The court hearing an appeal under this section:\n\n (a) must proceed by way of a hearing de novo, but may receive as evidence any record of evidence given, including any affidavit filed or exhibit received, in the court of summary jurisdiction; and\n\n (b) must have regard to the evidence given in the proceedings out of which the appeal arose and has power to draw inferences of fact and, in its discretion, to receive further evidence upon questions of fact, which may be given:\n\n (i) by affidavit; or\n\n (ii) by oral examination before the court; or\n\n (iii) as provided for in Division 2 of Part XI; and\n\n (c) may make such decrees as the court considers appropriate, including a decree affirming, reversing or varying the decree the subject of the appeal.\n\nDecrees made in section 69GA proceedings treated like decrees of courts of summary jurisdiction\n\n (7) This section applies in relation to a decree of a court made in section 69GA proceedings in the same way as this section would apply in relation to a decree of a court of summary jurisdiction.\n\n","sortOrder":73},{"sectionNumber":"47B","sectionType":"section","heading":"Leave to appeal needed for child support matters","content":"47B  Leave to appeal needed for child support matters\n\n (1) Leave of a single Judge of the Federal Circuit and Family Court of Australia (Division 1) is required to appeal to the Court from a decree of a court of summary jurisdiction of a State or Territory exercising jurisdiction under:\n\n (a) the Child Support (Assessment) Act 1989; or\n\n (b) the Child Support (Registration and Collection) Act 1988.\n\n (2) Leave of the Supreme Court of a State or Territory is required to appeal to the Court from a decree of a court of summary jurisdiction of that State or Territory exercising jurisdiction under:\n\n (a) the Child Support (Assessment) Act 1989; or\n\n (b) the Child Support (Registration and Collection) Act 1988.\n\n (3) An application for leave to appeal must be made within:\n\n (a) in the case of leave of the Federal Circuit and Family Court of Australia (Division 1):\n\n (i) the time prescribed by the Federal Circuit and Family Court (Division 1) Rules; or\n\n (ii) such further time as is allowed in accordance with those Rules; and\n\n (b) in any other case:\n\n (i) the time prescribed by the standard Rules of Court; or\n\n (ii) such further time as is allowed in accordance with those Rules.\n\n (4) The applicable Rules of Court may make provision for enabling applications for leave to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing.\n\n","sortOrder":74},{"sectionNumber":"47C","sectionType":"section","heading":"Appeal may be dismissed if no reasonable prospect of success","content":"47C  Appeal may be dismissed if no reasonable prospect of success\n\n (a) an appeal has been instituted in a court under this Division; and\n\n (b) it appears to the court that the appeal has no reasonable prospect of success;\n\nthe court may, at any time, order that the proceedings on the appeal be dismissed.\n\n (2) This section does not limit any powers that the court has apart from this section.\n\n","sortOrder":75},{"sectionNumber":"47D","sectionType":"section","heading":"Appeals to High Court may not be brought","content":"47D  Appeals to High Court may not be brought\n\n (1) An appeal must not be brought directly to the High Court from a decree of the following courts exercising jurisdiction under this Act:\n\n (a) a court of summary jurisdiction of a State or Territory;\n\n (b) a Family Court of a State;\n\n (c) a Supreme Court of a State or Territory constituted by a single Judge.\n\nNote: In relation to the Federal Circuit and Family Court of Australia, see sections 55 and 155 of the Federal Circuit and Family Court of Australia Act 2021.\n\n (2) If, apart from this subsection, subsection (1) is to any extent inconsistent with section 73 of the Constitution, this Act has effect as if the words “, except by special leave of the High Court” were inserted after the words “this Act” in subsection (1).\n\n","sortOrder":76},{"sectionNumber":"47E","sectionType":"section","heading":"Regulations to be sole source of certain appellate jurisdiction","content":"47E  Regulations to be sole source of certain appellate jurisdiction\n\n  Despite the provisions of this Division, a court has appellate jurisdiction in relation to a matter arising under regulations made for the purposes of section 111C only as provided by those regulations.\n\n","sortOrder":77},{"sectionNumber":"70","sectionType":"section","heading":"Subsection 55(5) (paragraphs (d) and (e) of the definition of appeal)","content":"70  Subsection 55(5) (paragraphs (d) and (e) of the definition of appeal)\n\n (d) a review by the Federal Circuit and Family Court of Australia (Division 1) of the making, by the Chief Executive Officer, or a Senior Registrar or Registrar of that Court, of:\n\n (i) the divorce order; or\n\n (ii) an order under section 55A in relation to the proceedings in which the divorce order was made; or\n\n (iii) an order determining an application under section 57 or 58 for rescission of the divorce order; or\n\n (e) a review by the Federal Circuit and Family Court of Australia (Division 2) of the making, by the Chief Executive Officer, or a Senior Registrar or Registrar of that Court, of:\n\n (i) the divorce order; or\n\n (ii) an order under section 55A in relation to the proceedings in which the divorce order was made; or\n\n (iii) an order determining an application under section 57 or 58 for rescission of the divorce order; or\n\n","sortOrder":78},{"sectionNumber":"71","sectionType":"section","heading":"Subsection 56(2)","content":"71  Subsection 56(2)\n\nOmit all the words after “certificate”, substitute:\n\n  that certifies that the divorce order has taken effect and is signed by:\n\n (a) if the court is the Federal Circuit and Family Court of Australia (Division 1)—the Chief Executive Officer, or a Senior Registrar or Registrar of the Court; or\n\n (b) if the court is the Federal Circuit and Family Court of Australia (Division 2)—the Chief Executive Officer, or a Senior Registrar or Registrar of the Court; or\n\n (c) in relation to any other court—the Registrar of that court.\n\n","sortOrder":79},{"sectionNumber":"72","sectionType":"section","heading":"At the end of Part VI","content":"72  At the end of Part VI\n\nAdd:\n\n60  No appeal after divorce order takes effect\n\n  An appeal does not lie from a divorce order after the order takes effect.\n\n","sortOrder":80},{"sectionNumber":"73","sectionType":"section","heading":"Subsection 60F(5) (definition of this Act)","content":"73  Subsection 60F(5) (definition of this Act)\n\n","sortOrder":81},{"sectionNumber":"74","sectionType":"section","heading":"Section 60G (heading)","content":"74  Section 60G (heading)\n\nOmit “Family Court may grant leave”, substitute “Leave may be granted”.\n\n","sortOrder":82},{"sectionNumber":"75","sectionType":"section","heading":"Subsection 60G(1)","content":"75  Subsection 60G(1)\n\nOmit “Family Court” (first occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n76  Subsection 60H(6) (definition of this Act)\n\n77  Subsection 60HA(4) (definition of this Act)\n\n78  Subsection 60HB(2) (definition of this Act)\n\n79  Subsections 60I(2) to (5)\n\nRepeal the subsections.\n\n","sortOrder":83},{"sectionNumber":"80","sectionType":"section","heading":"Subsection 60I(6) (heading)","content":"80  Subsection 60I(6) (heading)\n\nApplications for a Part VII order\n\n","sortOrder":84},{"sectionNumber":"81","sectionType":"section","heading":"Paragraph 60J(1)(a)","content":"81  Paragraph 60J(1)(a)\n\nOmit “subsections 60I(5) and (6)”, substitute “subsection 60I(6)”.\n\n","sortOrder":85},{"sectionNumber":"82","sectionType":"section","heading":"Subsection 64B(9) (definition of this Act)","content":"82  Subsection 64B(9) (definition of this Act)\n\n","sortOrder":86},{"sectionNumber":"83","sectionType":"section","heading":"Subsection 65D(3) (note)","content":"83  Subsection 65D(3) (note)\n\nNote 1: The applicant may apply to the Federal Circuit and Family Court of Australia (Division 1) for the application for the parenting order or for the proceedings under Subdivision E of Division 13A of Part VII, or both, to be transferred to the Federal Circuit and Family Court of Australia (Division 2): see section 52 of the Federal Circuit and Family Court of Australia Act 2021.\n\nNote 2: The applicant may apply to the Federal Circuit and Family Court of Australia (Division 2) for the application for the parenting order or for the proceedings under Subdivision E of Division 13A of Part VII, or both, to be transferred to the Federal Circuit and Family Court of Australia (Division 1): see section 149 of the Federal Circuit and Family Court of Australia Act 2021.\n\nNote 3: Proceedings may also be transferred from the Federal Circuit and Family Court of Australia (Division 2) to the Federal Circuit and Family Court of Australia (Division 1) by order of the Chief Justice: see section 51 of the Federal Circuit and Family Court of Australia Act 2021.\n\n","sortOrder":87},{"sectionNumber":"84","sectionType":"section","heading":"Subsection 67Z(2)","content":"84  Subsection 67Z(2)\n\nOmit “the prescribed form”, substitute “an approved form”.\n\n","sortOrder":88},{"sectionNumber":"85","sectionType":"section","heading":"Subsection 67Z(4)","content":"85  Subsection 67Z(4)\n\napproved form means a form approved for the purposes of this section under the applicable Rules of Court.\n\n","sortOrder":89},{"sectionNumber":"86","sectionType":"section","heading":"Subsection 67Z(4) (definition of prescribed form)","content":"86  Subsection 67Z(4) (definition of prescribed form)\n\n","sortOrder":90},{"sectionNumber":"87","sectionType":"section","heading":"Paragraph 67ZA(1)(a)","content":"87  Paragraph 67ZA(1)(a)\n\n (a) the Chief Executive Officer; or\n\n (aa) a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 1); or\n\n (ab) a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 2); or\n\n","sortOrder":91},{"sectionNumber":"88","sectionType":"section","heading":"Paragraph 67ZA(1)(c)","content":"88  Paragraph 67ZA(1)(c)\n\n","sortOrder":92},{"sectionNumber":"89","sectionType":"section","heading":"Subsection 67ZBA(2)","content":"89  Subsection 67ZBA(2)\n\nOmit “the prescribed form”, substitute “an approved form”.\n\n","sortOrder":93},{"sectionNumber":"90","sectionType":"section","heading":"Subsection 67ZBA(4)","content":"90  Subsection 67ZBA(4)\n\napproved form means a form approved for the purposes of this section under the applicable Rules of Court.\n\n","sortOrder":94},{"sectionNumber":"91","sectionType":"section","heading":"Subsection 67ZBA(4) (definition of prescribed form)","content":"91  Subsection 67ZBA(4) (definition of prescribed form)\n\n","sortOrder":95},{"sectionNumber":"92","sectionType":"section","heading":"Section 69H (heading)","content":"92  Section 69H (heading)\n\n69H  Jurisdiction of Federal Circuit and Family Court of Australia (Division 2), State Family Courts and Northern Territory Supreme Court\n\n93  Subsection 69H(1)\n\n94  Subsection 69H(4)\n\n95  Paragraphs 69N(2)(a) to (d) and (3)(a) to (d)\n\n (b) the Family Court of a State; or\n\n (c) the Supreme Court of the Northern Territory.\n\n","sortOrder":96},{"sectionNumber":"96","sectionType":"section","heading":"Subparagraphs 69N(5)(b)(i) to (iv)","content":"96  Subparagraphs 69N(5)(b)(i) to (iv)\n\n (ii) the Family Court of a State; or\n\n (iii) the Supreme Court of the Northern Territory.\n\n","sortOrder":97},{"sectionNumber":"97","sectionType":"section","heading":"Paragraphs 69N(6)(a) to (d)","content":"97  Paragraphs 69N(6)(a) to (d)\n\n (b) the Family Court of a State; or\n\n (c) the Supreme Court of the Northern Territory.\n\n","sortOrder":98},{"sectionNumber":"98","sectionType":"section","heading":"Section 69ZO","content":"98  Section 69ZO\n\n69ZO  This Division also applies to proceedings in Chambers\n\n  The following persons, when hearing child‑related proceedings in Chambers, have all of the duties and powers that a court has under this Division:\n\n (a) in the case of the Federal Circuit and Family Court of Australia (Division 1)—a Judge, the Chief Executive Officer, or a Senior Registrar or Registrar of the Court;\n\n (b) in the case of the Federal Circuit and Family Court of Australia (Division 2)—a Judge, the Chief Executive Officer, or a Senior Registrar or Registrar of the Court;\n\n (c) in any other case—a Judge, Registrar or magistrate.\n\nNote: An order made in Chambers has the same effect as an order made in open court.\n\n","sortOrder":99},{"sectionNumber":"99","sectionType":"section","heading":"Subsection 69ZR(3)","content":"99  Subsection 69ZR(3)\n\nOmit “a judge, Judicial Registrar, Registrar or magistrate”, substitute “a person”.\n\n","sortOrder":100},{"sectionNumber":"100","sectionType":"section","heading":"Section 70M (heading)","content":"100  Section 70M (heading)\n\nOmit “Registrar”, substitute “Registry Manager”.\n\n","sortOrder":101},{"sectionNumber":"101","sectionType":"section","heading":"Paragraph 70NFD(a)","content":"101  Paragraph 70NFD(a)\n\nOmit “Family Court or the Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia (Division 1) or the Federal Circuit and Family Court of Australia (Division 2)”.\n\n102  Paragraph 70NFD(b)\n\n103  Subsection 79(9)\n\n104  Paragraph 79(9)(a)\n\n (a) the parties to the proceedings have attended a conference in relation to the matter to which the proceedings relate:\n\n (i) in the case of the Federal Circuit and Family Court of Australia (Division 1)—with the Chief Executive Officer, or a Senior Registrar or Registrar of the Court; or\n\n (ii) in the case of the Family Court of that State—with a Senior Registrar or Registrar of that Family Court; or\n\n105  Paragraph 79H(3)(c)\n\n106  Subsection 90SM(9)\n\n107  Paragraph 90SM(9)(a)\n\n (a) the parties to the proceedings have attended a conference in relation to the matter to which the proceedings relate with the Chief Executive Officer, or a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 1); or\n\n","sortOrder":102},{"sectionNumber":"108","sectionType":"section","heading":"Paragraph 90SQ(3)(c)","content":"108  Paragraph 90SQ(3)(c)\n\n","sortOrder":103},{"sectionNumber":"109","sectionType":"section","heading":"Part X","content":"109  Part X\n\nRepeal the Part.\n\n","sortOrder":104},{"sectionNumber":"110","sectionType":"section","heading":"Subsection 97(1)","content":"110  Subsection 97(1)\n\nOmit “Family Court, in the Federal Circuit Court of Australia,”, substitute “Federal Circuit and Family Court of Australia”.\n\n","sortOrder":105},{"sectionNumber":"111","sectionType":"section","heading":"Subsection 97(1A)","content":"111  Subsection 97(1A)\n\nOmit all the words after “heard”, substitute:\n\n  by:\n\n (a) in the case of the Federal Circuit and Family Court of Australia (Division 1)—a Judge, the Chief Executive Officer, or a Senior Registrar or Registrar of the Court, sitting in Chambers; and\n\n (b) in the case of the Federal Circuit and Family Court of Australia (Division 2)—a Judge, the Chief Executive Officer, or a Senior Registrar or Registrar of the Court, sitting in Chambers; and\n\n (c) in any other case—a Judge, Registrar or magistrate sitting in Chambers.\n\n","sortOrder":106},{"sectionNumber":"112","sectionType":"section","heading":"Subsection 97(2)","content":"112  Subsection 97(2)\n\n","sortOrder":107},{"sectionNumber":"113","sectionType":"section","heading":"Subsection 98(1)","content":"113  Subsection 98(1)\n\nOmit “(1)”.\n\n","sortOrder":108},{"sectionNumber":"114","sectionType":"section","heading":"Subsection 98(1)","content":"114  Subsection 98(1)\n\nOmit “standard Rules of Court”, substitute “applicable Rules of Court”.\n\n","sortOrder":109},{"sectionNumber":"115","sectionType":"section","heading":"Subsection 98(2)","content":"115  Subsection 98(2)\n\nRepeal the subsection (including the note).\n\n","sortOrder":110},{"sectionNumber":"116","sectionType":"section","heading":"Sections 98AA and 98AB","content":"116  Sections 98AA and 98AB\n\nRepeal the sections.\n\n","sortOrder":111},{"sectionNumber":"117","sectionType":"section","heading":"Subsection 100B(2)","content":"117  Subsection 100B(2)\n\n","sortOrder":112},{"sectionNumber":"118","sectionType":"section","heading":"Subsection 102F(7) (definition of courtroom)","content":"118  Subsection 102F(7) (definition of courtroom)\n\ncourtroom, in relation to a Judge or a court, means the courtroom or other place where the Judge or court is sitting.\n\n","sortOrder":113},{"sectionNumber":"119","sectionType":"section","heading":"Subsection 102G(2)","content":"119  Subsection 102G(2)\n\nOmit “(that is not a split court)”.\n\n120  Subsection 102G(3)\n\n121  Section 102H\n\n122  Subsection 102J(1)\n\nOmit “(1)”.\n\n","sortOrder":114},{"sectionNumber":"123","sectionType":"section","heading":"Subsection 102J(2)","content":"123  Subsection 102J(2)\n\n","sortOrder":115},{"sectionNumber":"124","sectionType":"section","heading":"Paragraph 102K(1)(c)","content":"124  Paragraph 102K(1)(c)\n\nOmit “Division; or”, substitute “Division.”.\n\n","sortOrder":116},{"sectionNumber":"125","sectionType":"section","heading":"Paragraph 102K(1)(d)","content":"125  Paragraph 102K(1)(d)\n\n","sortOrder":117},{"sectionNumber":"126","sectionType":"section","heading":"Division 3 of Part XI","content":"126  Division 3 of Part XI\n\nRepeal the Division.\n\n127  Division 4 of Part XI (heading)\n\nDivision 3—Cross‑examination of parties where allegations of family violence\n\n128  Subsection 102Q(1) (paragraphs (a) and (b) of the definition of appropriate court official)\n\n (a) in relation to the Federal Circuit and Family Court of Australia—the Chief Executive Officer; and\n\n","sortOrder":118},{"sectionNumber":"129","sectionType":"section","heading":"Subsection 105(1) (note)","content":"129  Subsection 105(1) (note)\n\n","sortOrder":119},{"sectionNumber":"130","sectionType":"section","heading":"Subsection 109A(1)","content":"130  Subsection 109A(1)\n\nOmit “the Judges, or a majority of them,”, substitute “the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)”.\n\n","sortOrder":120},{"sectionNumber":"131","sectionType":"section","heading":"Subsection 109A(5) (note)","content":"131  Subsection 109A(5) (note)\n\n","sortOrder":121},{"sectionNumber":"132","sectionType":"section","heading":"After section 109A","content":"132  After section 109A\n\n109AA  Rules of Court relating to enforcement—Federal Circuit and Family Court of Australia (Division 1)\n\n (1) Section 109A applies to the making of Rules of Court under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021 in a corresponding way to the way in which it applies to the making of Rules of Court under section 123 of this Act.\n\n (2) For the purposes of the application of section 109A in accordance with subsection (1) of this section:\n\n (a) the reference in subsection 109A(1) to the court is to be read as a reference to the Federal Circuit and Family Court of Australia (Division 1); and\n\n (b) each reference in subsection 109A(2) to a court is to be read as a reference to the Federal Circuit and Family Court of Australia (Division 1); and\n\n (c) each reference in subsection 109A(2) to a Registrar is to be read as a reference to the Chief Executive Officer, or a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 1).\n\n (3) Section 109A has no effect in relation to the Federal Circuit and Family Court of Australia (Division 1) except as provided by subsections (1) and (2) of this section.\n\n","sortOrder":122},{"sectionNumber":"133","sectionType":"section","heading":"Section 109B (heading)","content":"133  Section 109B (heading)\n\n","sortOrder":123},{"sectionNumber":"134","sectionType":"section","heading":"Subsection 109B(1)","content":"134  Subsection 109B(1)\n\nOmit “section 81 of the Federal Circuit Court of Australia Act 1999”, substitute “Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021”.\n\n","sortOrder":124},{"sectionNumber":"135","sectionType":"section","heading":"Paragraphs 109B(2)(a) and (b)","content":"135  Paragraphs 109B(2)(a) and (b)\n\n","sortOrder":125},{"sectionNumber":"136","sectionType":"section","heading":"Paragraph 109B(2)(c)","content":"136  Paragraph 109B(2)(c)\n\nOmit “a Registrar of the Federal Circuit Court of Australia”, substitute “the Chief Executive Officer, or a Registrar of the Federal Circuit and Family Court of Australia (Division 2)”.\n\n","sortOrder":126},{"sectionNumber":"137","sectionType":"section","heading":"Subsection 109B(3)","content":"137  Subsection 109B(3)\n\n","sortOrder":127},{"sectionNumber":"138","sectionType":"section","heading":"At the end of subsection 111C(5)","content":"138  At the end of subsection 111C(5)\n\nAdd “or the Federal Circuit and Family Court of Australia Act 2021”.\n\n","sortOrder":128},{"sectionNumber":"139","sectionType":"section","heading":"Subsection 111C(7A)","content":"139  Subsection 111C(7A)\n\nOmit “the Judges, or a majority of them,”, substitute “the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)”.\n\n","sortOrder":129},{"sectionNumber":"140","sectionType":"section","heading":"After subsection 111C(7A)","content":"140  After subsection 111C(7A)\n\n (7B) The power of the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021 to make Rules of Court extends to making Rules of Court for or in relation to the making of adoption orders.\n\n (7C) The power of the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2) under Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021 to make Rules of Court extends to making Rules of Court for or in relation to the making of adoption orders.\n\n","sortOrder":130},{"sectionNumber":"141","sectionType":"section","heading":"Paragraph 111CV(1A)(b)","content":"141  Paragraph 111CV(1A)(b)\n\n (b) the Chief Executive Officer; and\n\n (ba) a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 1); and\n\n (bb) a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 2); and\n\n142  Paragraph 111CV(1A)(d)\n\n143  Section 112AA (definition of applicable Rules of Court)\n\n144  Subsection 112AK(1)\n\n (1) Subject to this section, an order made under section 112AD may be varied or discharged by the court that made the order or the Federal Circuit and Family Court of Australia.\n\n","sortOrder":131},{"sectionNumber":"145","sectionType":"section","heading":"Subsection 115(2)","content":"145  Subsection 115(2)\n\n","sortOrder":132},{"sectionNumber":"146","sectionType":"section","heading":"At the end of subsection 117(2)","content":"146  At the end of subsection 117(2)\n\nAdd:\n\nNote 1: For other provisions about the award of costs by the Federal Circuit and Family Court of Australia (Division 1), see paragraphs 69(4)(d) and (e) of the Federal Circuit and Family Court of Australia Act 2021.\n\nNote 2: For other provisions about the award of costs by the Federal Circuit and Family Court of Australia (Division 2), see paragraphs 192(4)(d) and (e) of the Federal Circuit and Family Court of Australia Act 2021.\n\n","sortOrder":133},{"sectionNumber":"147","sectionType":"section","heading":"Subsection 121(10) (note)","content":"147  Subsection 121(10) (note)\n\nOmit “26B, 37A,”.\n\n","sortOrder":134},{"sectionNumber":"148","sectionType":"section","heading":"After section 122","content":"148  After section 122\n\n122AAA  Protection of Registrars conducting conferences about property matters\n\n (1) In conducting a conference that:\n\n (a) is with the parties to property settlement proceedings; and\n\n (b) relates to the matter to which the proceedings relate;\n\na Registrar of a Family Court of a State has the same protection and immunity as a Judge of the Court has in performing the functions of a Judge.\n\n (2) This section does not limit any other protection or immunity such a Registrar has (in relation to such a conference or otherwise).\n\n","sortOrder":135},{"sectionNumber":"149","sectionType":"section","heading":"Subsection 122A(1)","content":"149  Subsection 122A(1)\n\nOmit “, the standard Rules of Court or the related Federal Circuit Court Rules”, substitute “or the applicable Rules of Court”.\n\n150  Paragraphs 122A(1)(a) and (b)\n\n151  Paragraphs 122A(1)(c) and (d)\n\n152  Subsection 123(1)\n\nOmit “Judges, or a majority of them,”, substitute “Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)”.\n\n","sortOrder":136},{"sectionNumber":"153","sectionType":"section","heading":"Subsection 123(1)","content":"153  Subsection 123(1)\n\nOmit “in the Family Court and, subject to subsection 69GA(3), any other courts”, substitute “, subject to subsection 69GA(3), in a court”.\n\n","sortOrder":137},{"sectionNumber":"154","sectionType":"section","heading":"Subsection 123(1)","content":"154  Subsection 123(1)\n\nOmit “those courts”, substitute “the court”.\n\n","sortOrder":138},{"sectionNumber":"155","sectionType":"section","heading":"Paragraph 123(1)(b)","content":"155  Paragraph 123(1)(b)\n\nOmit “the Family Court or another court”, substitute “a court”.\n\n","sortOrder":139},{"sectionNumber":"156","sectionType":"section","heading":"Paragraphs 123(1)(bb), (c) and (d)","content":"156  Paragraphs 123(1)(bb), (c) and (d)\n\nRepeal the paragraphs.\n\n","sortOrder":140},{"sectionNumber":"157","sectionType":"section","heading":"Paragraph 123(1)(f)","content":"157  Paragraph 123(1)(f)\n\nOmit “the Family Court and in any other court”, substitute “a court”.\n\n","sortOrder":141},{"sectionNumber":"158","sectionType":"section","heading":"Paragraph 123(1)(ma)","content":"158  Paragraph 123(1)(ma)\n\nOmit “Divisions 2 and 3”, substitute “Division 2”.\n\n","sortOrder":142},{"sectionNumber":"159","sectionType":"section","heading":"Subparagraph 123(1)(sda)(i)","content":"159  Subparagraph 123(1)(sda)(i)\n\nOmit “subsection 38BD(1) of this Act”, substitute “subsection 281(1) of the Federal Circuit and Family Court of Australia Act 2021”.\n\n","sortOrder":143},{"sectionNumber":"160","sectionType":"section","heading":"Subparagraph 123(1)(sdb)(i)","content":"160  Subparagraph 123(1)(sdb)(i)\n\nOmit “subsection 38BD(2) of this Act”, substitute “subsection 281(2) of the Federal Circuit and Family Court of Australia Act 2021”.\n\n","sortOrder":144},{"sectionNumber":"161","sectionType":"section","heading":"Paragraph 123(1)(sea)","content":"161  Paragraph 123(1)(sea)\n\nOmit “subsection 38BD(1) of this Act”, substitute “subsection 281(1) of the Federal Circuit and Family Court of Australia Act 2021”.\n\n","sortOrder":145},{"sectionNumber":"162","sectionType":"section","heading":"Paragraph 123(1)(seb)","content":"162  Paragraph 123(1)(seb)\n\nOmit “subsection 38BD(2) of this Act”, substitute “subsection 281(2) of the Federal Circuit and Family Court of Australia Act 2021”.\n\n","sortOrder":146},{"sectionNumber":"163","sectionType":"section","heading":"At the end of subsection 123(1)","content":"163  At the end of subsection 123(1)\n\nAdd:\n\nNote 1: For other powers to make Rules of Court, see section 109A and subsection 111C(7A).\n\nNote 2: The power to make Rules of Court under this section will be amended 18 months after the commencement of the Federal Circuit and Family Court of Australia Act 2021, to provide for the Rules to be made by the Judges of the Federal Circuit and Family Court of Australia (Division 1), or a majority of them (see Part 4 of Schedule 1 to the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021).\n\n","sortOrder":147},{"sectionNumber":"164","sectionType":"section","heading":"Subsection 123(1A)","content":"164  Subsection 123(1A)\n\nOmit “Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia”.\n\n","sortOrder":148},{"sectionNumber":"165","sectionType":"section","heading":"Subsection 123(2)","content":"165  Subsection 123(2)\n\nOmit “made by Judges under this section or any other Act”, substitute “made by the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) under this section or any other Act (other than the Federal Circuit and Family Court of Australia Act 2021)”.\n\n","sortOrder":149},{"sectionNumber":"166","sectionType":"section","heading":"Paragraph 123(2)(b)","content":"166  Paragraph 123(2)(b)\n\n","sortOrder":150},{"sectionNumber":"167","sectionType":"section","heading":"Subsection 123(2A)","content":"167  Subsection 123(2A)\n\nOmit “made by Judges under this or any other Act”, substitute “made by the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) under this Act”.\n\n","sortOrder":151},{"sectionNumber":"168","sectionType":"section","heading":"Subsection 123(3)","content":"168  Subsection 123(3)\n\nRepeal the subsection (including the note).\n\n","sortOrder":152},{"sectionNumber":"169","sectionType":"section","heading":"Subsection 124(1)","content":"169  Subsection 124(1)\n\nOmit “Family Court of Australia” (first occurring), substitute “Federal Circuit and Family Court of Australia (Division 1), such Judges of the Federal Circuit and Family Court of Australia (Division 2)”.\n\n","sortOrder":153},{"sectionNumber":"170","sectionType":"section","heading":"Subsection 124(1)","content":"170  Subsection 124(1)\n\nOmit “Family Court of Australia” (second occurring), substitute “Federal Circuit and Family Court of Australia (Division 1)”.\n\n","sortOrder":154},{"sectionNumber":"171","sectionType":"section","heading":"Subsection 124(2)","content":"171  Subsection 124(2)\n\nOmit “the Judges referred to in section 123”, substitute “the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)”.\n\n","sortOrder":155},{"sectionNumber":"172","sectionType":"section","heading":"Subsection 124(2)","content":"172  Subsection 124(2)\n\nOmit “those Judges”, substitute “the Chief Justice of the Court”.\n\n173  Subsection 124(6)\n\n174  Paragraph 125(1)(ba)\n\n175  Paragraph 125(1)(baa)\n\nOmit “the Family Court and any other court”, substitute “a court”.\n\n","sortOrder":156},{"sectionNumber":"176","sectionType":"section","heading":"Paragraph 125(1)(ca)","content":"176  Paragraph 125(1)(ca)\n\n","sortOrder":157},{"sectionNumber":"177","sectionType":"section","heading":"Paragraphs 125(1)(d) and (e)","content":"177  Paragraphs 125(1)(d) and (e)\n\nOmit “and fees prescribed under paragraph (ca)”.\n\nFederal Court of Australia Act 1976\n\n","sortOrder":158},{"sectionNumber":"178","sectionType":"section","heading":"Section 4 (definition of administrative affairs)","content":"178  Section 4 (definition of administrative affairs)\n\nadministrative affairs:\n\n (a) of the Court—has a meaning affected by subsection 18A(1A) of this Act; and\n\n (b) of the Federal Circuit and Family Court of Australia (Division 1)—has the meaning given by the definition of that expression in the Federal Circuit and Family Court of Australia Act 2021 in relation to that Court; and\n\n (c) of the Federal Circuit and Family Court of Australia (Division 2)—has the meaning given by the definition of that expression in the Federal Circuit and Family Court of Australia Act 2021 in relation to that Court.\n\n","sortOrder":159},{"sectionNumber":"179","sectionType":"section","heading":"Section 4","content":"179  Section 4\n\nChief Executive Officer of the Federal Circuit and Family Court of Australia means the Chief Executive Officer and Principal Registrar of the Federal Circuit and Family Court of Australia (Division 1).\n\n","sortOrder":160},{"sectionNumber":"180","sectionType":"section","heading":"Section 4 (definition of corporate services)","content":"180  Section 4 (definition of corporate services)\n\ncorporate services:\n\n (a) of the Court—has the meaning given by subsection 18A(1B) of this Act; and\n\n (b) of the Federal Circuit and Family Court of Australia (Division 1)—has the meaning given by the definition of that expression in the Federal Circuit and Family Court of Australia Act 2021 in relation to that Court; and\n\n (c) of the Federal Circuit and Family Court of Australia (Division 2)—has the meaning given by the definition of that expression in the Federal Circuit and Family Court of Australia Act 2021 in relation to that Court.\n\n","sortOrder":161},{"sectionNumber":"181","sectionType":"section","heading":"Section 4 (definition of Family Court Chief Executive Officer)","content":"181  Section 4 (definition of Family Court Chief Executive Officer)\n\n","sortOrder":162},{"sectionNumber":"182","sectionType":"section","heading":"Section 4","content":"182  Section 4\n\nfamily law or child support proceeding means a proceeding under:\n\n (a) the Family Law Act 1975; or\n\n (b) the Child Support (Assessment) Act 1989; or\n\n (c) the Child Support (Registration and Collection) Act 1988 (other than a proceeding under section 72Q of that Act).\n\n","sortOrder":163},{"sectionNumber":"183","sectionType":"section","heading":"Section 4","content":"183  Section 4\n\n (b) definition of Federal Circuit Court Chief Executive Officer.\n\n","sortOrder":164},{"sectionNumber":"184","sectionType":"section","heading":"Subsection 6(2)","content":"184  Subsection 6(2)\n\n (2) A person is not to be appointed as a Judge unless:\n\n (a) the person:\n\n (i) is or has been a Judge of a prescribed court or of a court of a State; or\n\n (ii) has been enrolled as a legal practitioner of the High Court or of the Supreme Court of a State or Territory for not less than 5 years; and\n\n (b) the person has appropriate knowledge, skills and experience to deal with the kinds of matters that may come before the Court.\n\n","sortOrder":165},{"sectionNumber":"185","sectionType":"section","heading":"After section 13","content":"185  After section 13\n\n","sortOrder":166},{"sectionNumber":"13A","sectionType":"section","heading":"Authorised Judges may manage classes of proceedings","content":"13A  Authorised Judges may manage classes of proceedings\n\n (1) The Chief Justice may, by written instrument, authorise a Judge to manage such class or classes of proceedings as may be specified:\n\n (a) in the instrument; or\n\n (b) by the Rules of Court.\n\n (2) In managing a class or classes of proceedings, a Judge is subject to any direction from the Chief Justice.\n\n (3) A Judge may be authorised even though the Judge is not assigned to a Division.\n\n (4) The authorisation of a Judge does not affect the rank, title, status and precedence as a Judge that the Judge had immediately before any such authorisation.\n\n (5) If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.\n\n","sortOrder":167},{"sectionNumber":"186","sectionType":"section","heading":"Subsection 15(1AAA)","content":"186  Subsection 15(1AAA)\n\nAfter “another Judge”, insert “of the Court”.\n\n","sortOrder":168},{"sectionNumber":"187","sectionType":"section","heading":"Section 15A","content":"187  Section 15A\n\n","sortOrder":169},{"sectionNumber":"188","sectionType":"section","heading":"After paragraph 18A(1B)(e)","content":"188  After paragraph 18A(1B)(e)\n\n (ea) records management;\n\n (eb) administrative matters relating to judgments, to the extent that such matters do not involve the exercise of judicial power;\n\n","sortOrder":170},{"sectionNumber":"189","sectionType":"section","heading":"After paragraph 18A(1B)(h)","content":"189  After paragraph 18A(1B)(h)\n\n (ha) court security;\n\n","sortOrder":171},{"sectionNumber":"190","sectionType":"section","heading":"After paragraph 18N(1)(d)","content":"190  After paragraph 18N(1)(d)\n\n (da) the Marshal of the Court;\n\n (db) such Deputy Marshals of the Court as are necessary;\n\n","sortOrder":172},{"sectionNumber":"191","sectionType":"section","heading":"Subsection 18N(4)","content":"191  Subsection 18N(4)\n\nOmit “and the Marshals”, substitute “, the Deputy Marshals of the Court and the Marshals for the purposes of the Admiralty Act 1988”.\n\n","sortOrder":173},{"sectionNumber":"192","sectionType":"section","heading":"Subsection 18N(5)","content":"192  Subsection 18N(5)\n\nOmit “and the Marshals”, substitute “, the Deputy Marshals of the Court and the Marshals for the purposes of the Admiralty Act 1988”.\n\n","sortOrder":174},{"sectionNumber":"193","sectionType":"section","heading":"At the end of Division 3 of Part IIA","content":"193  At the end of Division 3 of Part IIA\n\nAdd:\n\n18PA  Marshal\n\n (1) The Marshal of the Court is responsible for:\n\n (a) the security of the Court; and\n\n (b) the personal security of the Judges and officers and staff of the Court.\n\n (2) The Marshal of the Court is also responsible for:\n\n (a) taking, receiving and detaining all persons committed to the Marshal’s custody by the Court; and\n\n (b) discharging such persons when so directed by the Court or otherwise required by law.\n\n18PB  Deputy Marshals\n\n  A Deputy Marshal of the Court may, subject to any directions of the Marshal of the Court, exercise or perform any of the powers or functions of the Marshal.\n\n18PC  Authorised persons to assist the Marshal or Deputy Marshals\n\n (1) The Marshal of the Court may authorise persons to assist the Marshal in exercising powers or performing functions as the Marshal.\n\n (2) A Deputy Marshal of the Court may authorise persons to assist the Deputy Marshal in exercising powers or performing functions as the Deputy Marshal.\n\n","sortOrder":175},{"sectionNumber":"194","sectionType":"section","heading":"Paragraphs 18Z(1)(b) and (c)","content":"194  Paragraphs 18Z(1)(b) and (c)\n\n (b) providing the corporate services of the Federal Circuit and Family Court of Australia (Division 1);\n\n (c) providing the corporate services of the Federal Circuit and Family Court of Australia (Division 2).\n\n","sortOrder":176},{"sectionNumber":"195","sectionType":"section","heading":"Paragraphs 18Z(3)(b) to (e)","content":"195  Paragraphs 18Z(3)(b) to (e)\n\n (b) the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1);\n\n (c) the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2);\n\n (d) the Chief Executive Officer of the Federal Circuit and Family Court of Australia.\n\n","sortOrder":177},{"sectionNumber":"196","sectionType":"section","heading":"Subsection 18Z(5)","content":"196  Subsection 18Z(5)\n\n (5) When performing functions, or exercising powers, under this section, before the Chief Executive Officer makes a decision that has the effect of imposing an expenditure obligation relating to the administrative affairs of a court mentioned in an item of the following table:\n\n (a) the Chief Executive Officer must consult the person or persons mentioned in that item about the decision; and\n\n (b) either:\n\n (i) the person or persons mentioned in that item must consent to the decision; or\n\n (ii) the Attorney‑General must consent to the decision, after the Attorney‑General has consulted the person or persons mentioned in that item about the decision.\n\n \n\n- Consultation about expenditure relating to administrative affairs\n- Item Court Persons to be consulted\n- 1 The Court The Chief Justice\n- 2 The Federal Circuit and Family Court of Australia (Division 1) Both:(a) the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1); and(b) the Chief Justice of the Court\n- 3 The Federal Circuit and Family Court of Australia (Division 2) Both:(a) the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2); and(b) the Chief Justice of the Court\n\n \n\n","sortOrder":178},{"sectionNumber":"197","sectionType":"section","heading":"Subparagraphs 18ZB(a)(iv) to (ix)","content":"197  Subparagraphs 18ZB(a)(iv) to (ix)\n\n (iv) the Chief Executive Officer of the Federal Circuit and Family Court of Australia;\n\n (v) the officers of the Federal Circuit and Family Court of Australia (Division 1) referred to in subsection 103(1) of the Federal Circuit and Family Court of Australia Act 2021;\n\n (vi) the staff of the Registries of the Federal Circuit and Family Court of Australia (Division 1) referred to in subsection 103(6) of the Federal Circuit and Family Court of Australia Act 2021;\n\n (vii) the officers of the Federal Circuit and Family Court of Australia (Division 2) referred to in section 259 of the Federal Circuit and Family Court of Australia Act 2021;\n\n (viii) the staff of the Federal Circuit and Family Court of Australia (Division 2) referred to in section 265 of the Federal Circuit and Family Court of Australia Act 2021;\n\n","sortOrder":179},{"sectionNumber":"198","sectionType":"section","heading":"Subparagraphs 18ZB(e)(ii) and (iii)","content":"198  Subparagraphs 18ZB(e)(ii) and (iii)\n\n (ii) the functions of the Chief Executive Officer of the Federal Circuit and Family Court of Australia under sections 84, 250 and 278 of the Federal Circuit and Family Court of Australia Act 2021;\n\n","sortOrder":180},{"sectionNumber":"199","sectionType":"section","heading":"Section 18ZC","content":"199  Section 18ZC\n\n18ZC  Delegation of powers etc. under the finance law\n\n  Section 110 of the Public Governance, Performance and Accountability Act 2013 applies as if:\n\n (a) for the delegation of a matter that relates to the administrative affairs of the Federal Circuit and Family Court of Australia (Division 1)—a reference to an official were a reference to:\n\n (i) the Chief Executive Officer of the Federal Circuit and Family Court of Australia; or\n\n (ii) the holder of an office or position referred to in subparagraph 18ZB(a)(v) or (vi) of this Act, being an office or position that, at the time the delegation is made, is nominated in writing by the Chief Executive Officer of the Federal Circuit and Family Court of Australia; and\n\n (b) for the delegation of a matter that relates to the administrative affairs of the Federal Circuit and Family Court of Australia (Division 2)—a reference to an official were a reference to:\n\n (i) the Chief Executive Officer of the Federal Circuit and Family Court of Australia; or\n\n (ii) the holder of an office or position referred to in subparagraph 18ZB(a)(vii) or (viii) of this Act, being an office or position that, at the time the delegation is made, is nominated in writing by the Chief Executive Officer of the Federal Circuit and Family Court of Australia.\n\n","sortOrder":181},{"sectionNumber":"200","sectionType":"section","heading":"Subparagraphs 18ZD(1)(b)(ii) to (iv)","content":"200  Subparagraphs 18ZD(1)(b)(ii) to (iv)\n\n (ii) the administrative affairs of the Federal Circuit and Family Court of Australia (Division 1); or\n\n (iii) the administrative affairs of the Federal Circuit and Family Court of Australia (Division 2); or\n\n (iv) the corporate services of the Court, the Federal Circuit and Family Court of Australia (Division 1) and the Federal Circuit and Family Court of Australia (Division 2), as referred to in subsection 18Z(1); and\n\n","sortOrder":182},{"sectionNumber":"201","sectionType":"section","heading":"Subsections 18ZD(2) and (3)","content":"201  Subsections 18ZD(2) and (3)\n\n (2) Before spending a part of the outcome amount for another outcome for the listed entity, if the outcome amount relates to the administrative affairs of a court mentioned in an item of the following table, the Chief Executive Officer must:\n\n (a) consult the person or persons mentioned in that item about the spending; and\n\n (b) obtain the consent of:\n\n (i) the person or persons mentioned in that item to the spending; or\n\n (ii) the Attorney‑General to the spending.\n\n \n\n- Consultation about spending\n- Item Court Persons to be consulted\n- 1 The Court The Chief Justice\n- 2 The Federal Circuit and Family Court of Australia (Division 1) Both:(a) the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1); and(b) the Chief Justice of the Court\n- 3 The Federal Circuit and Family Court of Australia (Division 2) Both:(a) the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2); and(b) the Chief Justice of the Court\n\n \n\n","sortOrder":183},{"sectionNumber":"202","sectionType":"section","heading":"Subparagraphs 18ZE(2)(b)(ii) and (iii)","content":"202  Subparagraphs 18ZE(2)(b)(ii) and (iii)\n\n (iii) sections 103 and 253, subsections 260(1), 261(1), 262(1) and 263(1), and sections 264 and 265 of the Federal Circuit and Family Court of Australia Act 2021;\n\n","sortOrder":184},{"sectionNumber":"203","sectionType":"section","heading":"Sections 18ZF and 18ZG","content":"203  Sections 18ZF and 18ZG\n\n18ZF  Making arrangements relating to APS employees\n\n (1) The Chief Executive Officer must make the services of APS employees who are officers of the Federal Circuit and Family Court of Australia (Division 1), or staff of the Registries of the Court, available for the purposes of assisting the Chief Executive Officer of the Federal Circuit and Family Court of Australia in the performance of functions under sections 84 and 278 of the Federal Circuit and Family Court of Australia Act 2021.\n\n (2) While a person is performing services made available under subsection (1), that person must do so in accordance with the directions of:\n\n (a) the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1); and\n\n (b) the Chief Executive Officer of the Federal Circuit and Family Court of Australia.\n\n (3) The Chief Executive Officer must make the services of APS employees who are officers of the Federal Circuit and Family Court of Australia (Division 2), or staff of the Court, available for the purposes of assisting the Chief Executive Officer of the Federal Circuit and Family Court of Australia in the performance of functions under sections 250 and 278 of the Federal Circuit and Family Court of Australia Act 2021.\n\n (4) While a person is performing services made available under subsection (3), that person must do so in accordance with the directions of:\n\n (a) the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2); and\n\n (b) the Chief Executive Officer of the Federal Circuit and Family Court of Australia.\n\n18ZG  Delegation of powers etc. under the Public Service Act 1999\n\n  Section 78 of the Public Service Act 1999 applies, in relation to the administrative affairs of the Federal Circuit and Family Court of Australia, as if the reference in subsection (7) to another person were a reference to the Chief Executive Officer of the Federal Circuit and Family Court of Australia.\n\n","sortOrder":185},{"sectionNumber":"204","sectionType":"section","heading":"Paragraphs 18ZH(1)(b) and (c)","content":"204  Paragraphs 18ZH(1)(b) and (c)\n\n (b) the officers of the Federal Circuit and Family Court of Australia (Division 1) referred to in paragraphs 103(1)(a) to (e) of the Federal Circuit and Family Court of Australia Act 2021;\n\n (c) the officers of the Federal Circuit and Family Court of Australia (Division 2) referred to in paragraphs 259(1)(a) to (g) of the Federal Circuit and Family Court of Australia Act 2021;\n\n","sortOrder":186},{"sectionNumber":"205","sectionType":"section","heading":"Subsections 18ZH(2) and (3)","content":"205  Subsections 18ZH(2) and (3)\n\n (2) The Chief Executive Officer may delegate the Chief Executive Officer’s powers under paragraph (1)(b) or (c) to appoint any or all of the officers to the Chief Executive Officer of the Federal Circuit and Family Court of Australia.\n\n (3) The appointment of a person to more than one office, or an office or offices of more than one court, mentioned in subsection (1) may be made in a single instrument.\n\n","sortOrder":187},{"sectionNumber":"206","sectionType":"section","heading":"Paragraphs 18ZI(1)(b) and (c)","content":"206  Paragraphs 18ZI(1)(b) and (c)\n\n (b) the Federal Circuit and Family Court of Australia (Division 1); or\n\n (c) the Federal Circuit and Family Court of Australia (Division 2); or\n\n","sortOrder":188},{"sectionNumber":"207","sectionType":"section","heading":"Subsections 18ZI(4) and (5)","content":"207  Subsections 18ZI(4) and (5)\n\n (4) The Chief Executive Officer may delegate the Chief Executive Officer’s powers under subsections (1) and (2) in relation to the Federal Circuit and Family Court of Australia to the Chief Executive Officer of the Federal Circuit and Family Court of Australia.\n\n","sortOrder":189},{"sectionNumber":"208","sectionType":"section","heading":"Section 18ZJ","content":"208  Section 18ZJ\n\n18ZJ  Subdelegation of powers under this Division\n\n (1) If, under subsection 18ZH(2) or 18ZI(4), the Chief Executive Officer delegates any powers to the Chief Executive Officer of the Federal Circuit and Family Court of Australia, the Chief Executive Officer of the Federal Circuit and Family Court of Australia may, in writing, delegate all or any of those powers to:\n\n (a) in relation to the Federal Circuit and Family Court of Australia (Division 1)—the holder of an office or position referred to in subparagraph 18ZB(a)(v) or (vi); or\n\n (b) in relation to the Federal Circuit and Family Court of Australia (Division 2)—the holder of an office or position referred to in subparagraph 18ZB(a)(vii) or (viii).\n\n (2) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply to a delegation under this section in the same way as they apply to a delegation under section 18ZH or 18ZI.\n\n","sortOrder":190},{"sectionNumber":"209","sectionType":"section","heading":"Section 18ZK","content":"209  Section 18ZK\n\n18ZK  Officers of the Court and the Federal Circuit and Family Court of Australia\n\n (1) A person may be an officer of one or more of the following courts:\n\n (a) the Court;\n\n (b) the Federal Circuit and Family Court of Australia (Division 1);\n\n (c) the Federal Circuit and Family Court of Australia (Division 2).\n\n (2) Subsection (1) has effect despite anything in this Act and the Federal Circuit and Family Court of Australia Act 2021.\n\n210  Paragraphs 24(1)(d) and (e)\n\n211  Subsection 25(1AA)\n\n212  Paragraph 29(1)(a)\n\n213  Section 32AA (heading)\n\n214  Paragraphs 32AA(1)(a) and (b)\n\n215  Paragraph 32AA(2)(b)\n\n216  Section 32AB (heading)\n\nOmit “Federal Circuit Court”, substitute “Federal Circuit and Family Court of Australia”.\n\n","sortOrder":191},{"sectionNumber":"217","sectionType":"section","heading":"Subsections 32AB(1), (3), (4), (5) and (6)","content":"217  Subsections 32AB(1), (3), (4), (5) and (6)\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia”.\n\n","sortOrder":192},{"sectionNumber":"218","sectionType":"section","heading":"Subsection 32AB(7)","content":"218  Subsection 32AB(7)\n\nOmit “Federal Circuit Court”, substitute “Federal Circuit and Family Court of Australia”.\n\n","sortOrder":193},{"sectionNumber":"219","sectionType":"section","heading":"Subsection 32AB(8A)","content":"219  Subsection 32AB(8A)\n\n (8A) The Federal Circuit and Family Court of Australia (Division 1) has jurisdiction in a matter that:\n\n (a) is the subject of a proceeding transferred to the Federal Circuit and Family Court of Australia (Division 1) under this section; and\n\n (b) is a matter in which the Federal Circuit and Family Court of Australia (Division 1) does not have jurisdiction apart from this subsection.\n\nTo avoid doubt, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) under this subsection is not subject to limits set by another provision.\n\n (8B) The Federal Circuit and Family Court of Australia (Division 2) has jurisdiction in a matter that:\n\n (a) is the subject of a proceeding transferred to the Federal Circuit and Family Court of Australia (Division 2) under this section; and\n\n (b) is a matter in which the Federal Circuit and Family Court of Australia (Division 2) does not have jurisdiction apart from this subsection.\n\nTo avoid doubt, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) under this subsection is not subject to limits set by another provision.\n\n","sortOrder":194},{"sectionNumber":"220","sectionType":"section","heading":"After section 32AB","content":"220  After section 32AB\n\n32AC  Discretionary transfer of civil proceedings from the Federal Circuit and Family Court of Australia (Division 2)\n\n (a) a proceeding is pending in the Federal Circuit and Family Court of Australia (Division 2); and\n\n (b) the proceeding is not a family law or child support proceeding;\n\nthe Court may, by order, transfer the proceeding from the Federal Circuit and Family Court of Australia (Division 2) to the Court.\n\n (2) The Court may transfer a proceeding:\n\n (a) on the application of a party to the proceeding; or\n\n (b) on its own initiative.\n\n (3) The Rules of Court may make provision in relation to transfers of proceedings from the Federal Circuit and Family Court of Australia (Division 2) under this section.\n\n (4) In particular, the Rules of Court may set out factors that are to be taken into account by the Court in deciding whether to transfer a proceeding from the Federal Circuit and Family Court of Australia (Division 2).\n\n (5) Before Rules of Court are made for the purposes of subsection (3) or (4), the Court must consult the Federal Circuit and Family Court of Australia (Division 2).\n\n (6) In deciding whether to transfer a proceeding from the Federal Circuit and Family Court of Australia (Division 2), the Court must have regard to:\n\n (a) any Rules of Court made for the purposes of subsection (4); and\n\n (b) whether proceedings in respect of an associated matter are pending in the Court; and\n\n (c) whether the resources of the Court are sufficient to hear and determine the proceeding; and\n\n (d) the interests of the administration of justice.\n\n (7) An appeal does not lie from a decision of the Court in relation to the transfer of a proceeding under this section.\n\n (8) The Court has jurisdiction in a matter that:\n\n (a) is the subject of a proceeding transferred to the Court under this section; and\n\n (b) is a matter in which the Court does not have jurisdiction apart from this subsection.\n\nTo avoid doubt, the Court’s jurisdiction under this subsection is not subject to limits set by another provision.\n\n (9) This section does not apply to criminal proceedings.\n\n (10) This section does not apply to proceedings of a kind specified in the regulations.\n\n32AD  Confirmation of civil proceedings transferred from the Federal Circuit and Family Court of Australia (Division 2)\n\n (1) If the Federal Circuit and Family Court of Australia (Division 2) makes an order under subsection 153(1) of the Federal Circuit and Family Court of Australia Act 2021 transferring a proceeding to the Court, the Court may, by order, confirm the transfer of the proceeding to the Court.\n\nNote: The transfer of a proceeding takes effect on the day the Court makes an order under this section in relation to the proceeding: see subsection 153(4) of the Federal Circuit and Family Court of Australia Act 2021.\n\n (2) The Court may, in its discretion, receive further evidence to decide whether to make an order under subsection (1). Such evidence may be taken in any of the ways mentioned in section 27.\n\n (3) The Court has jurisdiction in a matter that:\n\n (a) is the subject of a proceeding transferred to the Court by the Federal Circuit and Family Court of Australia (Division 2); and\n\n (b) is a matter in which the Court does not have jurisdiction apart from this subsection.\n\nTo avoid doubt, the Court’s jurisdiction under this subsection is not subject to limits set by another provision.\n\n (4) An appeal does not lie from a decision of the Court in relation to an order made under subsection (1) confirming the transfer of a proceeding.\n\n","sortOrder":195},{"sectionNumber":"221","sectionType":"section","heading":"Subsections 34(1) and (2)","content":"221  Subsections 34(1) and (2)\n\nOmit “The Governor‑General shall”, substitute “The Minister must”.\n\n","sortOrder":196},{"sectionNumber":"222","sectionType":"section","heading":"Subsection 34(2)","content":"222  Subsection 34(2)\n\nOmit “Governor‑General” (second occurring), substitute “Minister”.\n\n","sortOrder":197},{"sectionNumber":"223","sectionType":"section","heading":"Subsection 49(2)","content":"223  Subsection 49(2)\n\n (2) If:\n\n (a) the Court reserves judgment in a proceeding; and\n\n (b) a Judge who heard the proceeding, whether as a single Judge or as a member of a Full Court, prepares orders and reasons;\n\nthose orders and reasons may be made public by another Judge on behalf of the Judge who heard the proceeding or as otherwise provided for by the Rules of Court.\n\n (2A) If:\n\n (a) the Court reserves reasons for its decision in a proceeding; and\n\n (b) a Judge who heard the proceeding, whether as a single Judge or as a member of a Full Court, prepares reasons;\n\nthose reasons may be made public by another Judge on behalf of the Judge who heard the proceeding or as otherwise provided for by the Rules of Court.\n\n","sortOrder":198},{"sectionNumber":"224","sectionType":"section","heading":"Subsection 49(3)","content":"224  Subsection 49(3)\n\nOmit “subsection (2)”, substitute “this section”.\n\n","sortOrder":199},{"sectionNumber":"225","sectionType":"section","heading":"After section 55","content":"225  After section 55\n\n55AA  Actions by or against Marshal\n\n  If the Marshal or a Deputy Marshal is a party to a proceeding in the Court:\n\n (a) all writs, summonses, orders, warrants, precepts, process and commands in the proceeding which should, in the ordinary course, be directed to the Marshal must be directed to such disinterested person as the Court or a Judge appoints; and\n\n (b) the person so appointed may execute and return them.\n\n","sortOrder":200},{"sectionNumber":"226","sectionType":"section","heading":"After subsection 59(1)","content":"226  After subsection 59(1)\n\n (1A) The Judges of the Court, or a majority of them, may make Rules of Court prescribing matters required or permitted by:\n\n (a) any other provision of this Act; or\n\n (b) any other law of the Commonwealth;\n\nto be prescribed by the Rules of Court.\n\n","sortOrder":201},{"sectionNumber":"227","sectionType":"section","heading":"After paragraph 59(2)(r)","content":"227  After paragraph 59(2)(r)\n\n (ra) the transfer of proceedings from the Federal Circuit and Family Court of Australia (Division 2), including matters relating to costs, such as:\n\n (i) the costs of the application for an order transferring such a proceeding; and\n\n (ii) the costs for any step in such a proceeding, including steps that occurred before the proceeding was transferred; and\n\n (iii) the scale of costs that is to apply; and\n\nPart 2—Application, saving and transitional provisions\n\nDivision 1—Introduction\n\n228  Definitions\n\nIn this Part:\n\n","sortOrder":202},{"sectionNumber":"Div 2","sectionType":"division","heading":"Application of amendments","content":"Division 2—Application of amendments\n\n","sortOrder":203},{"sectionNumber":"229","sectionType":"section","heading":"Application","content":"229  Application\n\nThe amendments of the Family Law Act 1975 and the Federal Court of Australia Act 1976 made by this Schedule apply in relation to a proceeding commenced before, on or after the commencement day.\n\n","sortOrder":204},{"sectionNumber":"Div 3","sectionType":"division","heading":"Saving and transitional provisions: Family Law Act 1975 amendments","content":"Division 3—Saving and transitional provisions: Family Law Act 1975 amendments\n\n","sortOrder":205},{"sectionNumber":"230","sectionType":"section","heading":"Authorisation about handling complaints","content":"230  Authorisation about handling complaints\n\nA written authorisation made under subsection 21B(3A) of the Family Law Act 1975 and in force immediately before the commencement day continues in force (and may be dealt with) as if it had been made under subsection 48(2) of the Federal Circuit and Family Court of Australia Act 2021.\n\n","sortOrder":206},{"sectionNumber":"231","sectionType":"section","heading":"Arrangements with other courts","content":"231  Arrangements with other courts\n\nAn arrangement made under subsection 38BAA(1) of the Family Law Act 1975 and in force immediately before the commencement day continues in force (and may be dealt with) as if it had been made under subsection 79(1) of the Federal Circuit and Family Court of Australia Act 2021.\n\n","sortOrder":207},{"sectionNumber":"232","sectionType":"section","heading":"Arrangements with agencies or organisations","content":"232  Arrangements with agencies or organisations\n\nAn arrangement made under subsection 38BAB(1) of the Family Law Act 1975 and in force immediately before the commencement day continues in force (and may be dealt with) as if it had been made under subsection 80(1) of the Federal Circuit and Family Court of Australia Act 2021.\n\n","sortOrder":208},{"sectionNumber":"233","sectionType":"section","heading":"Delegation","content":"233  Delegation\n\nAn instrument made under section 38W of the Family Law Act 1975 and in force immediately before the commencement day continues in force (and may be dealt with) as if it had been made under section 108 of the Federal Circuit and Family Court of Australia Act 2021.\n\n","sortOrder":209},{"sectionNumber":"234","sectionType":"section","heading":"Proclamation","content":"234  Proclamation\n\nDespite the repeal of section 96 of the Family Law Act 1975 by this Act, a Proclamation made under subsection 96(3) of that Act and in force immediately before the commencement day, continues in force (and may be dealt with) as if:\n\n (a) it had been made under subsection 47A(5) of the Family Law Act 1975, as inserted by this Act; and\n\n (b) the Supreme Courts specified in that Proclamation are also specified for the purposes of appeals in relation to:\n\n (i) the Child Support (Assessment) Act 1989; or\n\n (ii) the Child Support (Registration and Collection) Act 1988.\n\n","sortOrder":210},{"sectionNumber":"235","sectionType":"section","heading":"Oaths and affirmations","content":"235  Oaths and affirmations\n\nA written authorisation made under subsection 98AA(2) of the Family Law Act 1975 and in force immediately before the commencement day continues in force (and may be dealt with) as if it had been made under subsection 71(2) of the Federal Circuit and Family Court of Australia Act 2021.\n\n","sortOrder":211},{"sectionNumber":"236","sectionType":"section","heading":"Seals and stamps","content":"236  Seals and stamps\n\nDespite the amendment of paragraph 123(1)(f) of the Family Law Act 1975 by this Schedule:\n\n (a) a seal of the Family Court, prescribed by the Rules of Court and in force immediately before the commencement day, may be affixed to documents (in accordance with subsection 59(3) of the Federal Circuit and Family Court of Australia Act 2021) until the end of the 12‑month period beginning on the commencement day, as if it were a seal of the Federal Circuit and Family Court of Australia (Division 1); and\n\n (b) a stamp of the Family Court, prescribed by the Rules of Court and in force immediately before the commencement day, may be affixed to documents (in accordance with subsection 60(3) of the Federal Circuit and Family Court of Australia Act 2021) until the end of the 12‑month period beginning on the commencement day, as if it were a stamp of the Federal Circuit and Family Court of Australia (Division 1).\n\n","sortOrder":212},{"sectionNumber":"237","sectionType":"section","heading":"Continuity of Rules of Court","content":"237  Continuity of Rules of Court\n\nThe amendments made by items 130, 139, 152, 165 and 167 of this Schedule:\n\n (a) do not affect the continuity of any Rules of Court made for the purposes of section 123 of the Family Law Act 1975 that are in force immediately before the commencement day; and\n\n (b) to avoid doubt, do not prevent the amendment or repeal of those Rules of Court.\n\nDivision 4—Saving and transitional provisions: Federal Court of Australia Act 1976 amendments\n\n","sortOrder":213},{"sectionNumber":"238","sectionType":"section","heading":"Registries of the Federal Court of Australia","content":"238  Registries of the Federal Court of Australia\n\n(1) Despite the amendment of section 34 of the Federal Court of Australia Act 1976 by this Schedule, a Registry of the Federal Court of Australia, existing immediately before the commencement day, continues in existence on and after that day.\n\n(2) The amendment of section 34 of the Federal Court of Australia Act 1976 by this Schedule does not affect:\n\n (a) the designation, before the commencement day, of a Registry of the Federal Court of Australia as the Principal Registry of the Court; or\n\n (b) the specification, before the commencement day, of a District (in respect of which a District Registry of the Federal Court of Australia exists).\n\n","sortOrder":214},{"sectionNumber":"Part 3","sectionType":"part","heading":"Amendments not commencing before 1 January 2020","content":"Part 3—Amendments not commencing before 1 January 2020\n\n","sortOrder":215},{"sectionNumber":"239","sectionType":"section","heading":"Paragraph 127(1)(a)","content":"239  Paragraph 127(1)(a)\n\n (a) the person:\n\n (i) has not attained the age of 18 years; or\n\n (ii) has attained the age of 18 years but has not attained the age of 25 years and is receiving full‑time education at a school, college or university; and\n\n","sortOrder":216},{"sectionNumber":"240","sectionType":"section","heading":"Application provision","content":"240  Application provision\n\nThe amendment of the Federal Circuit and Family Court of Australia Act 2021 made by this Part applies in relation to a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a retired disabled Judge (within the meaning of that Act) who dies on or after the day this item commences.\n\nPart 4—Amendments relating to making Rules of Court\n\n241  Section 700‑1 (paragraph (b) of the definition of Aboriginal and Torres Strait Islander Corporations legislation)\n\n242  Section 9 (paragraph (c) of the definition of Corporations legislation)\n\n243  Subsection 109A(1)\n\n244  Subsection 111C(7A)\n\n245  Subsection 111C(7B)\n\n246  Subsection 111C(7C)\n\nOmit “the Chief Judge”, substitute “Judges”.\n\n","sortOrder":217},{"sectionNumber":"247","sectionType":"section","heading":"Subsection 123(1)","content":"247  Subsection 123(1)\n\nOmit “Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)”, substitute “Judges of the Federal Circuit and Family Court of Australia (Division 1), or a majority of them,”.\n\n","sortOrder":218},{"sectionNumber":"248","sectionType":"section","heading":"Subsection 123(1) (note 1)","content":"248  Subsection 123(1) (note 1)\n\nOmit “Note 1”, substitute “Note”.\n\n249  Subsection 123(1) (note 2)\n\n250  Subsection 123(2)\n\n251  After paragraph 123(2)(a)\n\n (b) as if a reference to a rule‑maker were a reference to the Chief Justice acting on behalf of the Judges of that Court; and\n\n","sortOrder":219},{"sectionNumber":"252","sectionType":"section","heading":"Subsection 123(2A)","content":"252  Subsection 123(2A)\n\n","sortOrder":220},{"sectionNumber":"253","sectionType":"section","heading":"Subsection 124(2)","content":"253  Subsection 124(2)\n\n (2) The function of the Rules Advisory Committee is to advise the Judges of the Federal Circuit and Family Court of Australia (Division 1) in relation to the making of standard Rules of Court as requested from time to time.\n\n","sortOrder":221},{"sectionNumber":"254","sectionType":"section","heading":"Subsection 76(1)","content":"254  Subsection 76(1)\n\nOmit “Chief Justice”, substitute “Judges, or a majority of them,”.\n\n","sortOrder":222},{"sectionNumber":"255","sectionType":"section","heading":"Subsection 76(1) (note)","content":"255  Subsection 76(1) (note)\n\n","sortOrder":223},{"sectionNumber":"256","sectionType":"section","heading":"After subsection 76(1)","content":"256  After subsection 76(1)\n\n (1A) Proposed Rules of Court are not to be made if the Chief Justice considers they are not consistent with the aim mentioned in paragraph 75(a) (ensuring common rules of court and forms).\n\n","sortOrder":224},{"sectionNumber":"257","sectionType":"section","heading":"Subsection 76(4)","content":"257  Subsection 76(4)\n\n","sortOrder":225},{"sectionNumber":"258","sectionType":"section","heading":"After paragraph 76(4)(a)","content":"258  After paragraph 76(4)(a)\n\n (aa) as if a reference to a rule‑maker were a reference to the Chief Justice acting on behalf of the Judges of the Court; and\n\n","sortOrder":226},{"sectionNumber":"259","sectionType":"section","heading":"Subsection 76(5)","content":"259  Subsection 76(5)\n\nOmit “made by the Chief Justice”, substitute “made by Judges”.\n\n","sortOrder":227},{"sectionNumber":"260","sectionType":"section","heading":"Section 77","content":"260  Section 77\n\n","sortOrder":228},{"sectionNumber":"261","sectionType":"section","heading":"Subsection 82(2)","content":"261  Subsection 82(2)\n\n (2) The Chief Justice may appoint committees consisting of Judges, or of Judges and other persons, for the purpose of:\n\n (a) advising the Judges of the Federal Circuit and Family Court of Australia (Division 1) in relation to the making of Rules of Court; or\n\n (b) advising the Chief Justice in relation to the management of the administrative affairs of the Federal Circuit and Family Court of Australia (Division 1).\n\n","sortOrder":229},{"sectionNumber":"262","sectionType":"section","heading":"Subsection 98(1)","content":"262  Subsection 98(1)\n\nOmit “The Chief Justice”, substitute “Judges, or a majority of them,”.\n\n","sortOrder":230},{"sectionNumber":"263","sectionType":"section","heading":"Subsection 217(1)","content":"263  Subsection 217(1)\n\nOmit “Chief Judge”, substitute “Judges, or a majority of them,”.\n\n","sortOrder":231},{"sectionNumber":"264","sectionType":"section","heading":"Subsection 217(1) (note)","content":"264  Subsection 217(1) (note)\n\n","sortOrder":232},{"sectionNumber":"265","sectionType":"section","heading":"After subsection 217(1)","content":"265  After subsection 217(1)\n\n (1A) Proposed Rules of Court are not to be made if the Chief Judge considers they are not consistent with the aim mentioned in paragraph 216(a) (ensuring common rules of court and forms).\n\n","sortOrder":233},{"sectionNumber":"266","sectionType":"section","heading":"Subsection 217(3)","content":"266  Subsection 217(3)\n\nOmit “the Chief Judge”, substitute “Judges”.\n\n","sortOrder":234},{"sectionNumber":"267","sectionType":"section","heading":"After paragraph 217(3)(a)","content":"267  After paragraph 217(3)(a)\n\n (aa) as if a reference to a rule‑maker were a reference to the Chief Judge acting on behalf of the Judges of the Court; and\n\n","sortOrder":235},{"sectionNumber":"268","sectionType":"section","heading":"Subsection 217(4)","content":"268  Subsection 217(4)\n\nOmit “made by the Chief Judge”, substitute “made by Judges”.\n\n","sortOrder":236},{"sectionNumber":"269","sectionType":"section","heading":"Section 218","content":"269  Section 218\n\n","sortOrder":237},{"sectionNumber":"270","sectionType":"section","heading":"Subsection 249(2)","content":"270  Subsection 249(2)\n\n (2) The Chief Judge may appoint committees consisting of Judges, or of Judges and other persons, for the purpose of:\n\n (a) advising the Judges of the Federal Circuit and Family Court of Australia (Division 2) in relation to the making of Rules of Court; or\n\n (b) advising the Chief Judge in relation to the management of the administrative affairs of the Federal Circuit and Family Court of Australia (Division 2).\n\n","sortOrder":238},{"sectionNumber":"271","sectionType":"section","heading":"Subsection 254(1)","content":"271  Subsection 254(1)\n\nOmit “The Chief Judge”, substitute “Judges, or a majority of them,”.\n\n","sortOrder":239},{"sectionNumber":"272","sectionType":"section","heading":"Subsection 56A(5)","content":"272  Subsection 56A(5)\n\nOmit “of the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2)”.\n\n","sortOrder":240},{"sectionNumber":"273","sectionType":"section","heading":"Application of amendments","content":"273  Application of amendments\n\nThe amendments made by this Part apply in relation to rules of court made after this Part commences.\n\n","sortOrder":241},{"sectionNumber":"274","sectionType":"section","heading":"Continuity of rules of court","content":"274  Continuity of rules of court\n\nThe amendments made by this Part:\n\n (a) do not affect the continuity of any rules of court that are in force immediately before this Part commences; and\n\n (b) to avoid doubt, do not prevent the amendment or repeal of those rules of court.\n\n","sortOrder":242},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Further consequential amendments","content":"Schedule 2—Further consequential amendments\n\n \n\nAdministrative Appeals Tribunal Act 1975\n\n1  Paragraph 7(2)(a)\n\n2  Subsection 43(5C)\n\n3  Subsection 44(1) (note 2)\n\n4  Section 44AAA (heading)\n\n5  Subsections 44AAA(1) and (2)\n\n6  Subsection 44AAA(3)\n\nOmit “the Federal Circuit Court of Australia Act 1999”, substitute “Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021”.\n\n7  Section 44AA (heading)\n\n8  Subsections 44AA(1), (2), (4), (5), (6), (7), (8) and (9)\n\nOmit “Federal Circuit Court of Australia” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n9  Subsection 44AA(11) (heading)\n\n10  Subsections 44AA(11) and (12)\n\nOmit “Federal Circuit Court of Australia” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n11  Subsection 44A(2A)\n\nOmit “Federal Circuit Court of Australia, the Federal Circuit Court of Australia or a Judge of the Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia (Division 2), the Federal Circuit and Family Court of Australia (Division 2) or a Judge of that Court”.\n\n12  Subsection 44A(2A)\n\nOmit “Federal Circuit Court of Australia or Judge of the Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia (Division 2) or Judge of the Court”.\n\n13  Paragraph 44A(3)(b)\n\n14  Section 46 (heading)\n\n15  Subsections 46(1), (2) and (3)\n\nOmit “Federal Circuit Court of Australia” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\nAdministrative Decisions (Judicial Review) Act 1977\n\n16  Subsection 3(1) (definition of Family Court Judge)\n\n17  Subsection 3(1)\n\nFederal Circuit and Family Court of Australia (Division 2) Rules means the Rules of Court made under Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021.\n\n18  Subsection 3(1)\n\n (b) definition of Federal Circuit Court Rules;\n\n (c) definition of the Family Court.\n\n19  Subsection 3(10)\n\nOmit all the words after “before the Federal Court”, substitute:\n\n  by way of:\n\n (a) a transfer from the Federal Circuit and Family Court of Australia (Division 2) by the Federal Court under section 32AC of the Federal Court of Australia Act 1976; or\n\n (b) a transfer by the Federal Circuit and Family Court of Australia (Division 2) to the Federal Court under section 153 of the Federal Circuit and Family Court of Australia Act 2021 that has been confirmed by the Federal Court under section 32AD of the Federal Court of Australia Act 1976.\n\n20  Subsection 3(11)\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n21  Subsection 3(12)\n\n22  Subsections 5(1) and 6(1)\n\n23  Section 7\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n24  Section 8 (heading)\n\n25  Subsection 8(2)\n\n (2) The Federal Circuit and Family Court of Australia (Division 2) has jurisdiction to hear and determine applications made to the Court under this Act.\n\nNote: See also subsections 3(10) and (11).\n\n26  Section 10\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n27  Subsection 11(1)\n\n28  Subparagraph 11(1)(a)(ii)\n\nOmit “Federal Circuit Court—Federal Circuit Court Rules”, substitute “Federal Circuit and Family Court of Australia (Division 2)—Federal Circuit and Family Court of Australia (Division 2) Rules”.\n\n29  Subsection 11(2)\n\n30  Paragraph 11(2)(b)\n\nOmit “Federal Circuit Court—Federal Circuit Court Rules”, substitute “Federal Circuit and Family Court of Australia (Division 2)—Federal Circuit and Family Court of Australia (Division 2) Rules”.\n\n31  Subparagraph 11(3)(b)(ii)\n\n32  Subsections 11(4) and (7)\n\n33  Subsection 11(8A)\n\n (8A) The Federal Circuit and Family Court of Australia (Division 2) Rules may make provision for and in relation to service on appropriate persons of copies of documents lodged with a Registry of the Federal Circuit and Family Court of Australia (Division 2) under this Act.\n\n34  Subsection 11(9)\n\nOmit “Federal Circuit Court Rules”, substitute “Federal Circuit and Family Court of Australia (Division 2) Rules”.\n\n35  Subsection 12(1)\n\n36  Section 13\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n37  Subsections 13A(4) and 14(4)\n\n38  Section 15A (heading)\n\n15A  Stay of proceedings—Federal Circuit and Family Court of Australia (Division 2)\n\n39  Subsection 15A(1)\n\n40  Paragraphs 15A(1)(a) and (b)\n\nOmit “Federal Circuit Court of Australia or a Judge”, substitute “Federal Circuit and Family Court of Australia (Division 2) or a Judge of that Court”.\n\n","sortOrder":243},{"sectionNumber":"41","sectionType":"section","heading":"Subsection 15A(2)","content":"41  Subsection 15A(2)\n\nOmit “Federal Circuit Court of Australia or a Judge”, substitute “Federal Circuit and Family Court of Australia (Division 2) or a Judge of that Court”.\n\n42  Subsection 15A(3)\n\n43  Section 16 (heading)\n\n44  Section 16\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n45  Paragraph 17(a)\n\n46  Subsection 18(1)\n\n47  Section 18A (heading)\n\n48  Subsections 18A(1), (2) and (3)\n\n49  Paragraphs 18A(3)(a), (b), (c), (d) and (e)\n\n50  Subparagraph 18A(3)(f)(i)\n\n51  Subparagraphs 18A(3)(f)(ii) and (iii)\n\n52  Subparagraph 18A(3)(f)(iv)\n\n53  Subsections 18A(4) and (5)\n\n54  Subsection 19(1)\n\n55  Paragraph (zd) of Schedule 1\n\n56  Paragraph (zf) of Schedule 1\n\n (zf) the following decisions under the Federal Circuit and Family Court of Australia Act 2021:\n\n (i) decisions of the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) or the Minister whether to consent as mentioned in paragraph 12(1)(a) of that Act;\n\n (ii) decisions of the Chief Justice or Deputy Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) in the exercise of, or in assisting in the exercise of, the functions or powers mentioned in subsection 47(2) of that Act;\n\n (iii) decisions of the Chief Judge or a Deputy Chief Judge of the Federal Circuit and Family Court of Australia (Division 2) in the exercise of, or in assisting in the exercise of, the functions or powers mentioned in subsection 144(2) of that Act;\n\n (iv) decisions of the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2) in the exercise of the functions or powers mentioned in subsection 147(1) of that Act.\n\nAdmiralty Act 1988\n\n57  Subsection 3(1) (definition of Federal Circuit Court)\n\n58  Subsections 9(1) and 27(1)\n\n59  Paragraph 28(1)(aa)\n\n (aa) the Federal Circuit and Family Court of Australia (Division 2); or\n\n60  Subsection 28(7)\n\n61  Subsection 41(4)\n\n62  Paragraph 95C‑1(3)(b)\n\nAge Discrimination Act 2004\n\n63  Schedule 1 (table item 26)\n\n| 26 | Federal Circuit and Family Court of Australia Act 2021 |\n| --- | --- |\n\nA New Tax System (Family Assistance) (Administration) Act 1999\n\n64  Subsection 102D(1) (note)\n\n65  Subsection 102N(1)\n\n66  Subparagraph 219UA(4)(c)(i)\n\n (i) a Judge of the Federal Circuit and Family Court of Australia (Division 2);\n\n67  Subparagraph 219UA(4)(e)(ii)\n\n (ii) the Federal Circuit and Family Court of Australia (Division 2).\n\n68  Paragraph 219VA(3)(b)\n\n69  Subsection 219VB(5)\n\nAntarctic Treaty (Environment Protection) Act 1980\n\n70  Subsection 3(1) (paragraph (b) of the definition of Court)\n\nArchives Act 1983\n\n71  Subsections 53(6) and (7) and 55A(4) and (5)\n\nOmit “Federal Circuit Court of Australia” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\nAustralian Charities and Not‑for‑profits Commission Act 2012\n\n72  Section 300‑5 (definition of issuing officer)\n\nAustralian Crime Commission Act 2002\n\n73  Subsection 4(1) (definition of Federal Circuit Court)\n\n74  Subsection 4(1) (paragraph (aa) of the definition of issuing officer)\n\n75  Paragraph 25E(2)(b)\n\n76  Subsection 27(2A)\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n77  Paragraph 55A(1)(c)\n\n78  Subsection 55A(5B) (heading)\n\n79  Subsections 55A(5B) and (5C)\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n80  Paragraphs 55A(8)(c) and (9)(c)\n\n81  Subsection 55A(13)\n\nJudge of the Federal Circuit and Family Court of Australia (Division 2) means a Judge of the Federal Circuit and Family Court of Australia (Division 2) in a personal capacity and not as a court or a member of a court.\n\n82  Subsection 55A(13) (definition of Judge of the Federal Circuit Court)\n\n83  Subsection 55C(2)\n\n84  Subsection 55C(3)\n\nJudge of the Federal Circuit and Family Court of Australia (Division 2) means a Judge of the Federal Circuit and Family Court of Australia (Division 2) in a personal capacity and not as a court or a member of a court.\n\n85  Subsection 55C(3) (definition of Judge of the Federal Circuit Court)\n\n86  Section 57\n\n87  Section 57\n\nOmit “Federal Circuit Court—Federal Circuit Court Rules”, substitute “Federal Circuit and Family Court of Australia (Division 2)—Federal Circuit and Family Court of Australia (Division 2) Rules”.\n\n88  Subparagraph 61(2)(g)(ii)\n\n89  Schedule 1\n\nFederal Circuit Court of Australia Act 1999, Part 6A\n\nFederal Circuit and Family Court of Australia Act 2021, Part 7 of Chapter 4\n\nAustralian Energy Market Act 2004\n\n90  Subsection 11(1) (definition of magistrate)\n\n91  Subsection 11H(1) (definition of magistrate)\n\nAustralian Human Rights Commission Act 1986\n\n92  Subsection 3(1) (definition of Federal Circuit Court)\n\n93  Paragraph 46PH(1)(h)\n\n94  Subsections 46PH(1C), (2A) and (4)\n\n95  Division 2 of Part IIB (heading)\n\n96  Subsection 46PO(1)\n\n97  Subsection 46PO(4) (note 2)\n\nNote 2: The Federal Circuit and Family Court of Australia (Division 2), or a Judge of that Court, may award costs in proceedings under this section—see section 214 of the Federal Circuit and Family Court of Australia Act 2021.\n\n98  Subsection 46PP(1)\n\n99  Section 46PR\n\n100  Subsection 46PS(1)\n\n101  Section 46PSA (note 2)\n\nNote 2: The Federal Circuit and Family Court of Australia (Division 2), or a Judge of that Court, may award costs in proceedings under section 46PO—see section 214 of the Federal Circuit and Family Court of Australia Act 2021.\n\n102  Paragraphs 46PU(1)(a) and (b)\n\n103  Subsection 46PV(1)\n\n104  Section 49B (heading)\n\n105  Section 49B\n\n106  Subsection 49C(2)\n\nAustralian Jobs Act 2013\n\n","sortOrder":244},{"sectionNumber":"107","sectionType":"section","heading":"Section 5 (paragraph (b) of the definition of prescribed court)","content":"107  Section 5 (paragraph (b) of the definition of prescribed court)\n\nAustralian Passports Act 2005\n\n108  Subsection 6(2)\n\nAustralian Securities and Investments Commission Act 2001\n\n109  Subsection 12BA(1) (definition of Family Court Judge)\n\n110  Section 12GL (heading)\n\n111  Subsection 12GL(1)\n\n112  Subsection 12GL(3)\n\n113  Paragraphs 12GL(3)(a), (b), (c), (d) and (e)\n\n114  Subparagraph 12GL(3)(f)(i)\n\n115  Subparagraphs 12GL(3)(f)(ii) and (iii)\n\n116  Subparagraph 12GL(3)(f)(iv)\n\n117  Subsections 12GL(4) and (5)\n\nAustralian Security Intelligence Organisation Act 1979\n\n118  Section 34A (paragraph (c) of the definition of superior court)\n\n119  Section 34A (after paragraph (d) of the definition of superior court)\n\n (da) a State Family Court (being a court to which section 41 of the Family Law Act 1975 applies); or\n\nAustralian Sports Anti‑Doping Authority Act 2006\n\n","sortOrder":245},{"sectionNumber":"120","sectionType":"section","heading":"Paragraph 72(3)(b)","content":"120  Paragraph 72(3)(b)\n\n","sortOrder":246},{"sectionNumber":"121","sectionType":"section","heading":"Subsection 5(1)","content":"121  Subsection 5(1)\n\n (a) definition of Family Court Judge;\n\n (b) definition of Federal Circuit Court.\n\n","sortOrder":247},{"sectionNumber":"122","sectionType":"section","heading":"Subsection 5(1) (paragraph (b) of the definition of Registrar)","content":"122  Subsection 5(1) (paragraph (b) of the definition of Registrar)\n\n (b) a Registrar of the Federal Circuit and Family Court of Australia (Division 2).\n\n123  Subsection 5(1) (definition of the Family Court)\n\n124  Subsection 27(1)\n\n125  Paragraph 27(1)(b)\n\n126  Section 35 (heading)\n\nOmit “Family Court’s jurisdiction”, substitute “Jurisdiction of the Federal Circuit and Family Court of Australia (Division 1)”.\n\n","sortOrder":248},{"sectionNumber":"127","sectionType":"section","heading":"Subsections 35(1) and (1A)","content":"127  Subsections 35(1) and (1A)\n\n","sortOrder":249},{"sectionNumber":"128","sectionType":"section","heading":"Subsection 35(2)","content":"128  Subsection 35(2)\n\nOmit “Family Court’s jurisdiction”, substitute “jurisdiction of the Federal Circuit and Family Court of Australia (Division 1)”.\n\n129  Section 35A (heading)\n\n130  Subsection 35A(1)\n\n (1) If a proceeding is pending in the Federal Court, the Federal Court may, on the application of a party to the proceeding or of its own motion, transfer the proceeding to the Federal Circuit and Family Court of Australia (Division 1).\n\n131  Subsection 35A(2)\n\n132  Subsection 35A(2A)\n\n (2A) If a proceeding is pending in the Federal Circuit and Family Court of Australia (Division 2), the Court may, on the application of a party to the proceeding or on its own initiative, transfer the proceeding to the Federal Circuit and Family Court of Australia (Division 1).\n\n133  Subsection 35A(3)\n\n134  Paragraphs 35A(3)(a) to (e)\n\nOmit “Family Court” (wherever occurring), substitute “the Court”.\n\n135  Subparagraph 35A(3)(f)(i)\n\n136  Subparagraphs 35A(3)(f)(ii) and (iii)\n\n137  Subparagraph 35A(3)(f)(iv)\n\n138  Subsection 35A(3) (note)\n\nNote: Rules of Court made under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021 (rather than Rules of Court made under the Federal Court of Australia Act 1976) apply in relation to proceedings transferred to the Federal Circuit and Family Court of Australia (Division 1) under this section.\n\n139  Subsection 35A(4)\n\n140  Subsection 35A(5)\n\n (5) An appeal does not lie from a decision of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) in relation to the transfer of a proceeding under this Act to the Federal Circuit and Family Court of Australia (Division 1).\n\n141  Subsection 35B(1)\n\n142  Paragraph 35B(2)(a)\n\n143  Paragraph 35B(2)(b)\n\nOmit “Registrar of the Family Court”, substitute “Registrar of the Federal Circuit and Family Court of Australia (Division 1)”.\n\nBiosecurity Act 2015\n\n144  Section 9 (definition of Federal Circuit Court)\n\n145  Section 9 (paragraph (c) of the definition of issuing officer)\n\n146  Section 9 (paragraph (b) of the definition of relevant court)\n\n147  Section 486\n\nA magistrate or Judge of the Federal Court, the Federal Circuit Court or a State or Territory court may issue a warrant to authorise entry to premises or taking of possession of premises or a conveyance, if satisfied of certain matters.\n\nA magistrate or Judge of the Federal Court, the Federal Circuit and Family Court of Australia (Division 2) or a State or Territory court may issue a warrant to authorise entry to premises or taking of possession of premises or a conveyance, if satisfied of certain matters.\n\nBroadcasting Legislation Amendment (Broadcasting Reform) Act 2017\n\n148  Subparagraph 41(7)(b)(ii) of Schedule 6\n\nBroadcasting Services Act 1992\n\n149  Subsection 6(1) (definition of Federal Circuit Court)\n\n150  Paragraph 121FS(1)(b)\n\n151  Subparagraphs 205AD(b)(ii) and 205AF(5)(b)(ii)\n\nBudget Savings (Omnibus) Act 2016\n\n","sortOrder":250},{"sectionNumber":"152","sectionType":"section","heading":"Subitem 33(2) of Schedule 7","content":"152  Subitem 33(2) of Schedule 7\n\nBuilding and Construction Industry (Improving Productivity) Act 2016\n\n153  Section 5 (definition of Federal Circuit Court)\n\n154  Section 5 (paragraph (b) of the definition of relevant court)\n\n155  Paragraphs 114(1)(e), (f) and (g)\n\nBuilding Energy Efficiency Disclosure Act 2010\n\n156  Section 3 (paragraph (b) of the definition of Court)\n\n157  Paragraph 51(5)(b)\n\nChild Support (Assessment) Act 1989\n\n158  Subsection 5(1)\n\nFederal Circuit and Family Court of Australia (Division 1) Rules means the Rules of Court made under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021.\n\nFull Court of the Federal Circuit and Family Court of Australia (Division 1) has the same meaning as Full Court in the Federal Circuit and Family Court of Australia Act 2021.\n\nrelated Federal Circuit and Family Court of Australia (Division 2) Rules has the same meaning as in the Family Law Act 1975.\n\n159  Subsection 5(1) (definition of related Federal Circuit Court Rules)\n\n160  Subsection 17(1)\n\nOmit “Family Court” (first occurring), substitute “Federal Circuit and Family Court of Australia”.\n\n161  Subsection 17(2)\n\n (2) An appropriate officer of the Federal Circuit and Family Court of Australia or of the Family Court of the State must, as far as practicable, make the counselling facilities available.\n\n162  Section 98X\n\n","sortOrder":251},{"sectionNumber":"98X","sectionType":"section","heading":"Simplified outline of this Division","content":"98X  Simplified outline of this Division\n\n         Jurisdiction under this Act is conferred on the Federal Circuit and Family Court of Australia (Division 2) and certain State and Territory Courts.\n\n163  Subsection 99(1)\n\nOmit “Family Court and the Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n164  At the end of section 99\n\nAdd:\n\nNote: For appeals in relation to this Act, see section 26 of the Federal Circuit and Family Court of Australia Act 2021 and section 47A of the Family Law Act 1975.\n\n165  Subsection 100(1)\n\nOmit “(other than Part X of that Act), the standard Rules of Court and the related Federal Circuit Court Rules”, substitute “(other than Division 4 of Part V of that Act), the standard Rules of Court, the Federal Circuit and Family Court of Australia (Division 1) Rules and the related Federal Circuit and Family Court of Australia (Division 2) Rules”.\n\n166  Sections 101 to 105\n\n101  Appeals from courts of summary jurisdiction\n\n (1) A Family Court of a State has jurisdiction to hear and determine appeals from a decree of a court of summary jurisdiction of the State.\n\n (2) The Supreme Court of the Northern Territory has jurisdiction to hear and determine appeals from a decree of a court of summary jurisdiction of the Northern Territory.\n\n","sortOrder":252},{"sectionNumber":"102","sectionType":"section","heading":"Appeals to High Court","content":"102  Appeals to High Court\n\n (1) An appeal must not be brought directly to the High Court from a decree of a court exercising original jurisdiction under this Act (other than the Federal Circuit and Family Court of Australia).\n\nNote: In relation to the Federal Circuit and Family Court of Australia, see sections 55 and 155 of the Federal Circuit and Family Court of Australia Act 2021.\n\n (2) If, apart from this subsection, subsection (1) is to any extent inconsistent with section 73 of the Constitution, this Act has effect as if the words “, except by special leave of the High Court” were added at the end of subsection (1).\n\n167  Paragraphs 144(a) and (b)\n\n (a) if the decision is not a decision of a Full Court of the Federal Circuit and Family Court of Australia (Division 1) and an application is not made for leave to appeal against the decision within the period for making such an application—the decision becomes final at the end of that period; or\n\n (b) if the decision is a decision of a Full Court of the Federal Circuit and Family Court of Australia (Division 1) and an application is not made for special leave to appeal to the High Court within the period of 30 days after the making of the decision—the decision becomes final at the end of that period.\n\nChild Support (Registration and Collection) Act 1988\n\n168  Subsection 4(1)\n\n (b) definition of Family Law Magistrate of Western Australia.\n\n169  Subsection 4(1)\n\nFederal Circuit and Family Court of Australia (Division 1) Rules means the Rules of Court made under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021.\n\n170  Subsection 4(1) (definition of Full Court)\n\n171  Subsection 4(1)\n\nFull Court of the Federal Circuit and Family Court of Australia (Division 1) has the same meaning as Full Court in the Federal Circuit and Family Court of Australia Act 2021.\n\n172  Subsection 4(1) (definition of Judge)\n\n","sortOrder":253},{"sectionNumber":"173","sectionType":"section","heading":"Subsection 4(1)","content":"173  Subsection 4(1)\n\nrelated Federal Circuit and Family Court of Australia (Division 2) Rules has the same meaning as in the Family Law Act 1975.\n\n174  Subsection 4(1) (definition of related Federal Circuit Court Rules)\n\n175  Subsection 72Q(1)\n\n176  Section 103ZC\n\n103ZC  Simplified outline of this Division\n\n         Jurisdiction under this Act is conferred on the Federal Circuit and Family Court of Australia (Division 2) and certain State and Territory Courts.\n\n177  Subsection 104(1)\n\nOmit “Family Court and the Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n178  At the end of section 104\n\nAdd:\n\nNote: For appeals in relation to this Act, see section 26 of the Federal Circuit and Family Court of Australia Act 2021 and section 47A of the Family Law Act 1975.\n\n179  Subsection 105(1)\n\nOmit “(other than Part X of that Act), the standard Rules of Court and the related Federal Circuit Court Rules”, substitute “(other than Division 4 of Part V of that Act), the standard Rules of Court, the Federal Circuit and Family Court of Australia (Division 1) Rules and the related Federal Circuit and Family Court of Australia (Division 2) Rules”.\n\n180  Sections 106 to 110\n\n","sortOrder":254},{"sectionNumber":"106","sectionType":"section","heading":"Appeals from courts of summary jurisdiction","content":"106  Appeals from courts of summary jurisdiction\n\n (1) A Family Court of a State has jurisdiction to hear and determine appeals from a decree of a court of summary jurisdiction of the State.\n\n (2) The Supreme Court of the Northern Territory has jurisdiction to hear and determine appeals from a decree of a court of summary jurisdiction of the Northern Territory.\n\n107  Appeals to High Court\n\n (1) An appeal must not be brought directly to the High Court from a decree of a court exercising original jurisdiction under this Act (other than the Federal Circuit and Family Court of Australia).\n\nNote: In relation to the Federal Circuit and Family Court of Australia, see sections 55 and 155 of the Federal Circuit and Family Court of Australia Act 2021.\n\n (2) If, apart from this subsection, subsection (1) is to any extent inconsistent with section 73 of the Constitution, this Act has effect as if the words “, except by special leave of the High Court” were added at the end of subsection (1).\n\n181  Subsection 110W(2) (heading)\n\n182  Paragraph 110W(2)(a)\n\n (a) a decision is a decision of the Full Court of the Federal Circuit and Family Court of Australia (Division 1); and\n\n183  Paragraphs 110W(3)(a) and (b)\n\n (a) a decision is a decision of a court (other than a decision of the Full Court of the Federal Circuit and Family Court of Australia (Division 1)) under Part VIII; and\n\n (b) an application may be made for leave to appeal against the decision; and\n\nCivil Dispute Resolution Act 2011\n\n184  Section 5 (paragraph (b) of the definition of eligible court)\n\n185  Section 16\n\nBefore “Proceedings are also”, insert “(1)”.\n\n186  At the end of section 16\n\nAdd:\n\n (2) Proceedings are also excluded proceedings to the extent that they are:\n\n (a) proceedings falling within the original or appellate jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) (see Part 2 of Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021); or\n\n (b) proceedings falling within the original jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) under section 132 of that Act.\n\n187  Section 18\n\nOmit “the Federal Circuit Court of Australia Act 1999”, substitute “Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021”.\n\nCoal Mining Industry (Long Service Leave) Administration Act 1992\n\n188  Subsection 4(1) (definition of Federal Circuit Court)\n\n189  Sections 39DA and 39DB\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n190  Paragraph 49A(4)(b)\n\n191  Section 52C (heading)\n\n192  Subsection 52C(1)\n\n193  Paragraphs 52C(2)(e), (f) and (g)\n\n194  Subsection 52C(3)\n\nOmit “Federal Circuit Court under subsection (1) is to be exercised in the Fair Work Division of the Federal Circuit Court”, substitute “Federal Circuit and Family Court of Australia (Division 2) under subsection (1) is to be exercised in the Fair Work Division of the Court”.\n\n195  Paragraph 52C(3)(a)\n\n196  Paragraph 52C(3)(b)\n\nOmit “section 15 of the Federal Circuit Court of Australia Act 1999”, substitute “section 140 of the Federal Circuit and Family Court of Australia Act 2021”.\n\n197  Paragraph 52C(3)(c)\n\nOmit “section 16 of the Federal Circuit Court of Australia Act 1999”, substitute “section 141 of the Federal Circuit and Family Court of Australia Act 2021”.\n\n198  Paragraphs 52C(3)(d) and (e)\n\n199  Section 52D\n\nCoal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992\n\n200  Paragraph 13A(4)(b)\n\nCoastal Trading (Revitalising Australian Shipping) Act 2012\n\n201  Subsection 6(1) (definition of Federal Circuit Court)\n\n202  Subsection 86(1)\n\nCompetition and Consumer Act 2010\n\n203  Subsection 4(1)\n\n (b) definition of the Family Court.\n\n204  Paragraphs 56EU(4)(b), 56EW(3)(b) and 56EX(3)(b)\n\n205  Paragraph 56EY(5)(a)\n\n (a) the Federal Circuit and Family Court of Australia (Division 2);\n\n206  Subsection 86(1A)\n\n207  Paragraph 86(4)(a)\n\n208  Section 86AA (heading)\n\n209  Section 86AA\n\nOmit “Federal Circuit Court, the Federal Circuit Court”, substitute “Federal Circuit and Family Court of Australia (Division 2), the Court”.\n\n","sortOrder":255},{"sectionNumber":"210","sectionType":"section","heading":"Section 86AA (note)","content":"210  Section 86AA (note)\n\nNote 1: For transfers of proceedings from the Federal Circuit and Family Court of Australia (Division 2) to the Federal Court, see section 153 of the Federal Circuit and Family Court of Australia Act 2021 and section 32AC of the Federal Court of Australia Act 1976.\n\nNote 2: For transfers of proceedings from the Federal Court to the Federal Circuit and Family Court of Australia (Division 2), see section 32AB of the Federal Court of Australia Act 1976.\n\n211  Section 130 (definition of Family Court Judge)\n\n212  Paragraph 138(2)(a)\n\n213  Section 138A (heading)\n\n214  Subsection 138A(1)\n\n215  Subsection 138A(2)\n\nOmit “Federal Circuit Court, the Federal Circuit Court”, substitute “Federal Circuit and Family Court of Australia (Division 2), the Court”.\n\n216  Subsection 138A(2) (note)\n\n217  Section 138E (heading)\n\n138E  Transfer of proceedings to the Federal Circuit and Family Court of Australia (Division 1)\n\n218  Subsection 138E(1)\n\n219  Subsection 138E(2)\n\n220  Paragraphs 138E(2)(a) and (b)\n\nOmit “Family Court”, substitute “Court”.\n\n221  Paragraph 138E(2)(c)\n\n222  Paragraph 138E(2)(d)\n\n223  Paragraph 138E(2)(d)\n\nOmit “the Family Court” (second occurring), substitute “that Court”.\n\n224  Paragraph 138E(2)(e)\n\n225  Subparagraph 138E(2)(f)(i)\n\n226  Subparagraphs 138E(2)(f)(ii) and (iii)\n\n227  Subparagraph 138E(2)(f)(iv)\n\n228  Subsections 138E(3) and (4)\n\n229  Paragraph 151AQA(4)(a)\n\n230  Subsection 151AQA(4)\n\nOmit “Federal Circuit Court or a Judge of the Federal Circuit Court”, substitute “Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Court”.\n\nCopyright Act 1968\n\n231  Section 131D (heading)\n\n232  Section 131D\n\n233  Section 135AS (heading)\n\n234  Section 135AS\n\n235  Subsection 195AZGH(5)\n\n236  Section 248MA (heading)\n\n237  Section 248MA\n\n238  Section 586‑10 (heading)\n\n239  Subsection 586‑10(1)\n\n240  Paragraphs 586‑15(1)(a), (2)(c) and (5)(a)\n\n241  Paragraphs 586‑25(1)(b) and (2)(b)\n\n (b) the Federal Circuit and Family Court of Australia (Division 1).\n\n242  Paragraph 586‑25(3)(c)\n\n243  Subsection 586‑25(4)\n\n244  Section 586‑40 (heading)\n\nOmit “Family Court”, substitute “the Federal Circuit and Family Court of Australia (Division 1)”.\n\n","sortOrder":256},{"sectionNumber":"245","sectionType":"section","heading":"Subparagraphs 586‑40(1)(b)(i) and (3)(a)(i) and (b)(i)","content":"245  Subparagraphs 586‑40(1)(b)(i) and (3)(a)(i) and (b)(i)\n\n (i) the Federal Circuit and Family Court of Australia (Division 1); or\n\n","sortOrder":257},{"sectionNumber":"246","sectionType":"section","heading":"Paragraph 586‑65(3)(a)","content":"246  Paragraph 586‑65(3)(a)\n\n247  Section 586‑90 (heading)\n\n586‑90  Rules of the Federal Circuit and Family Court of Australia (Division 1)\n\n248  Section 586‑90\n\nOmit “rules of court conferred by section 123 of the Family Law Act 1975”, substitute “Rules of Court under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021”.\n\n","sortOrder":258},{"sectionNumber":"249","sectionType":"section","heading":"Paragraphs 586‑90(a) and (c)","content":"249  Paragraphs 586‑90(a) and (c)\n\n","sortOrder":259},{"sectionNumber":"250","sectionType":"section","heading":"Subsection 694‑35(1) (paragraph (c) of the definition of Court)","content":"250  Subsection 694‑35(1) (paragraph (c) of the definition of Court)\n\n (c) the Federal Circuit and Family Court of Australia (Division 1);\n\n","sortOrder":260},{"sectionNumber":"251","sectionType":"section","heading":"Section 700‑1 (paragraph (b) of the definition of Aboriginal and Torres Strait Islander Corporations legislation)","content":"251  Section 700‑1 (paragraph (b) of the definition of Aboriginal and Torres Strait Islander Corporations legislation)\n\nOmit “Family Court”, substitute “Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)”.\n\n252  Section 700‑1 (definition of Family Court)\n\n253  Section 700‑1 (definition of superior court)\n\n254  Section 9 (paragraph (c) of the definition of Corporations legislation)\n\nOmit “Family Court”, substitute “Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)”.\n\n255  Section 9 (definition of Family Court)\n\n256  Section 9 (definition of superior court)\n\n257  Subsection 58AA(1) (paragraph (c) of the definition of Court)\n\n (c) the Federal Circuit and Family Court of Australia (Division 1);\n\n258  Paragraph 908CI(3)(b)\n\n259  Section 1337C (heading)\n\n260  Subsection 1337C(1)\n\n261  Paragraphs 1337D(1)(a), (2)(c) and (5)(a)\n\n262  Paragraphs 1337F(1)(b) and (2)(b)\n\n (b) the Federal Circuit and Family Court of Australia (Division 1).\n\n263  Paragraph 1337F(3)(c)\n\n264  Subsection 1337F(4)\n\n265  Section 1337J (heading)\n\n266  Subparagraphs 1337J(1)(b)(i) and (3)(a)(i) and (b)(i)\n\n (i) the Federal Circuit and Family Court of Australia (Division 1); or\n\n267  Subsection 1337P(3) (paragraph (a) of the definition of relevant jurisdiction)\n\n268  Section 1337U (heading)\n\n269  Subsection 1337U(1)\n\nOmit “rules of court conferred by section 123 of the Family Law Act 1975”, substitute “Rules of Court under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021”.\n\n270  Paragraphs 1337U(1)(a) and (c)\n\nCourt Security Act 2013\n\n271  Section 5 (table item 3 in the definition of administrative head)\n\n| 3 | Federal Circuit and Family Court of Australia (Division 1) | Chief Executive Officer and Principal Registrar of the Federal Court of Australia |\n| 4 | Federal Circuit and Family Court of Australia (Division 2) | Chief Executive Officer and Principal Registrar of the Federal Court of Australia |\n\n272  Section 5 (table item 6 in the definition of administrative head)\n\n273  Section 5 (table item 7 in the definition of administrative head, column headed “Court”)\n\nOmit “3, 4 or 6”, substitute “3 or 4”.\n\n274  Subsection 41(1)\n\nOmit “Family Court of Australia, the Family Court of Western Australia or the Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia (Division 1), the Federal Circuit and Family Court of Australia (Division 2) or the Family Court of Western Australia”.\n\n","sortOrder":261},{"sectionNumber":"275","sectionType":"section","heading":"Subsection 41(1) (note 3)","content":"275  Subsection 41(1) (note 3)\n\nNote 3: For appeals from the making of an order, see section 39 of the Federal Circuit and Family Court of Australia Act 2021 and Division 2 of Part III of the Federal Court of Australia Act 1976.\n\n","sortOrder":262},{"sectionNumber":"276","sectionType":"section","heading":"Section 45 (note)","content":"276  Section 45 (note)\n\nNote: For appeals from the variation or revocation of an order, see section 39 of the Federal Circuit and Family Court of Australia Act 2021 and Division 2 of Part III of the Federal Court of Australia Act 1976.\n\n","sortOrder":263},{"sectionNumber":"277","sectionType":"section","heading":"Section 51 (table item 2)","content":"277  Section 51 (table item 2)\n\n| 2 | Federal Circuit and Family Court of Australia (Division 1) | The Marshal of the Federal Circuit and Family Court of Australia (Division 1) |\n| 3 | Federal Circuit and Family Court of Australia (Division 2) | The Marshal of the Federal Circuit and Family Court of Australia (Division 2) |\n\n","sortOrder":264},{"sectionNumber":"278","sectionType":"section","heading":"Section 51 (table item 5)","content":"278  Section 51 (table item 5)\n\n","sortOrder":265},{"sectionNumber":"279","sectionType":"section","heading":"Section 51 (table item 6, column headed “Court”)","content":"279  Section 51 (table item 6, column headed “Court”)\n\nOmit “2, 3 or 5”, substitute “2 or 3”.\n\nCrimes Act 1914\n\n","sortOrder":266},{"sectionNumber":"280","sectionType":"section","heading":"Subsection 3ZQO(1)","content":"280  Subsection 3ZQO(1)\n\n","sortOrder":267},{"sectionNumber":"281","sectionType":"section","heading":"Section 3ZQQ (heading)","content":"281  Section 3ZQQ (heading)\n\nOmit “Federal Circuit Court Judges”, substitute “Judges of the Federal Circuit and Family Court of Australia (Division 2)”.\n\n","sortOrder":268},{"sectionNumber":"282","sectionType":"section","heading":"Section 3ZQQ","content":"282  Section 3ZQQ\n\nOmit “Federal Circuit Court of Australia” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n","sortOrder":269},{"sectionNumber":"283","sectionType":"section","heading":"Paragraph 3ZZNF(3)(a)","content":"283  Paragraph 3ZZNF(3)(a)\n\n","sortOrder":270},{"sectionNumber":"284","sectionType":"section","heading":"Paragraph 4AAA(1)(ab)","content":"284  Paragraph 4AAA(1)(ab)\n\n (ab) a Judge of the Federal Circuit and Family Court of Australia (Division 2);\n\n","sortOrder":271},{"sectionNumber":"285","sectionType":"section","heading":"Subsections 4AAA(2) and (3A)","content":"285  Subsections 4AAA(2) and (3A)\n\nCriminal Code Act 1995\n\n286  Subsection 100.1(1) of the Criminal Code (paragraph (c) of the definition of issuing court)\n\n287  Paragraph 105.2(1)(b) of the Criminal Code\n\n288  Subsections 105.43(4), (5) and (7) of the Criminal Code\n\nOmit “Federal Circuit Court of Australia” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n","sortOrder":272},{"sectionNumber":"289","sectionType":"section","heading":"Section 105.46 of the Criminal Code (heading)","content":"289  Section 105.46 of the Criminal Code (heading)\n\nOmit “Federal Circuit Court Judge”, substitute “Judge of the Federal Circuit and Family Court of Australia (Division 2)”.\n\n","sortOrder":273},{"sectionNumber":"290","sectionType":"section","heading":"Section 105.46 of the Criminal Code","content":"290  Section 105.46 of the Criminal Code\n\nOmit “Federal Circuit Court of Australia” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n","sortOrder":274},{"sectionNumber":"291","sectionType":"section","heading":"Section 106.4 of the Criminal Code","content":"291  Section 106.4 of the Criminal Code\n\n106.4  Saving—Judges of the Federal Circuit Court\n\n (1) An appointment that is in force immediately before the commencement day under subsection 105.2(1) in respect of a Judge of the Federal Circuit Court of Australia continues in force, on and after that day, as an appointment in respect of a Judge of the Federal Circuit and Family Court of Australia (Division 2) under that subsection.\n\n (2) A consent that is in force immediately before the commencement day under subsection 105.2(2) in respect of a Judge of the Federal Circuit Court of Australia continues in force, on and after that day, as a consent in respect of a Judge of the Federal Circuit and Family Court of Australia (Division 2).\n\n (3) A thing done by, or in relation to, a Judge of the Federal Circuit Court of Australia, as an issuing authority for continued preventative detention orders, under Division 105 before the commencement day has effect, on and after that day, as if it had been done by, or in relation to, a Judge of the Federal Circuit and Family Court of Australia (Division 2), as an issuing authority for continued preventative detention orders, under that Division.\n\n (4) In this section:\n\ncommencement day means the day Schedule 2 to the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 commences.\n\n","sortOrder":275},{"sectionNumber":"292","sectionType":"section","heading":"Subparagraph 123.1(2)(b)(ii) of the Criminal Code","content":"292  Subparagraph 123.1(2)(b)(ii) of the Criminal Code\n\n","sortOrder":276},{"sectionNumber":"293","sectionType":"section","heading":"Paragraph 150.5(3)(b) of the Criminal Code","content":"293  Paragraph 150.5(3)(b) of the Criminal Code\n\nCustoms Act 1901\n\n","sortOrder":277},{"sectionNumber":"294","sectionType":"section","heading":"Subsection 4(1) (paragraph (a) of the definition of Division 1B Judge)","content":"294  Subsection 4(1) (paragraph (a) of the definition of Division 1B Judge)\n\n","sortOrder":278},{"sectionNumber":"295","sectionType":"section","heading":"Subsections 219RA(1) and 219ZL(1)","content":"295  Subsections 219RA(1) and 219ZL(1)\n\nDefence Act 1903\n\n","sortOrder":279},{"sectionNumber":"296","sectionType":"section","heading":"Subparagraph 117AE(3)(e)(ii)","content":"296  Subparagraph 117AE(3)(e)(ii)\n\nDefence Force (Home Loans Assistance) Act 1990\n\n","sortOrder":280},{"sectionNumber":"297","sectionType":"section","heading":"Section 3 (definition of Family Court)","content":"297  Section 3 (definition of Family Court)\n\n","sortOrder":281},{"sectionNumber":"298","sectionType":"section","heading":"Paragraphs 18(1)(a) and 29(d) and (e)","content":"298  Paragraphs 18(1)(a) and 29(d) and (e)\n\nDefence Reserve Service (Protection) Act 2001\n\n","sortOrder":282},{"sectionNumber":"299","sectionType":"section","heading":"Paragraphs 76A(3)(b) and 77(1)(b)","content":"299  Paragraphs 76A(3)(b) and 77(1)(b)\n\n","sortOrder":283},{"sectionNumber":"300","sectionType":"section","heading":"Subsection 77(2)","content":"300  Subsection 77(2)\n\nDesigns Act 2003\n\n","sortOrder":284},{"sectionNumber":"301","sectionType":"section","heading":"Section 5 (definition of Federal Circuit Court)","content":"301  Section 5 (definition of Federal Circuit Court)\n\n","sortOrder":285},{"sectionNumber":"302","sectionType":"section","heading":"Section 5 (paragraph (aa) of the definition of prescribed court)","content":"302  Section 5 (paragraph (aa) of the definition of prescribed court)\n\n (aa) the Federal Circuit and Family Court of Australia (Division 2);\n\n","sortOrder":286},{"sectionNumber":"303","sectionType":"section","heading":"Subsections 28(5), 50(6), 52(7), 54(4), 67(4) and 68(6)","content":"303  Subsections 28(5), 50(6), 52(7), 54(4), 67(4) and 68(6)\n\n","sortOrder":287},{"sectionNumber":"304","sectionType":"section","heading":"Section 82","content":"304  Section 82\n\nUnder Part 2, the Federal Court and the Federal Circuit Court are given jurisdiction in relation to matters arising under the Act. Other prescribed courts have jurisdiction if the Act so provides.\n\nUnder Part 2, the Federal Court and the Federal Circuit and Family Court of Australia (Division 2) are given jurisdiction in relation to matters arising under the Act. Other prescribed courts have jurisdiction if the Act so provides.\n\n305  Paragraph 83(2)(a)\n\n306  Section 83A (heading)\n\n307  Section 83A\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n308  Subsection 84(1)\n\n309  Subsection 86(3)\n\n310  Subsection 86(3) (note)\n\nNote 1: For transfers of proceedings from the Federal Circuit and Family Court of Australia (Division 2) to the Federal Court: see section 153 of the Federal Circuit and Family Court of Australia Act 2021 and section 32AC of the Federal Court of Australia Act 1976.\n\nNote 2: For transfers of proceedings from the Federal Court to the Federal Circuit and Family Court of Australia (Division 2): see section 32AB of the Federal Court of Australia Act 1976.\n\n311  Subsection 87(2)\n\n312  Section 88 (heading)\n\n313  Sections 88 and 89\n\nDo Not Call Register Act 2006\n\n","sortOrder":288},{"sectionNumber":"314","sectionType":"section","heading":"Section 4 (definition of Federal Circuit Court)","content":"314  Section 4 (definition of Federal Circuit Court)\n\n","sortOrder":289},{"sectionNumber":"315","sectionType":"section","heading":"Section 23","content":"315  Section 23\n\n• Proceedings for the recovery of penalties are to be instituted in the Federal Court or the Federal Circuit Court.\n\n• Proceedings for the recovery of penalties are to be instituted in the Federal Court or the Federal Circuit and Family Court of Australia (Division 2).\n\n316  Subsection 24(1)\n\n317  Paragraphs 25(2)(a), (3)(b), (4)(b), (5)(b) and (6)(b)\n\n318  Sections 26 and 28\n\n319  Paragraph 30(1)(a)\n\n320  Subsection 30(3)\n\n321  Paragraph 31(1)(a)\n\n322  Subsection 31(2)\n\n323  Section 33\n\n• The Federal Court or the Federal Circuit Court may grant injunctions in relation to contraventions of civil penalty provisions.\n\n• The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may grant injunctions in relation to contraventions of civil penalty provisions.\n\n","sortOrder":290},{"sectionNumber":"324","sectionType":"section","heading":"Sections 34, 35, 36 and 37","content":"324  Sections 34, 35, 36 and 37\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n325  Section 38 (heading)\n\n326  Section 38\n\n327  Paragraph 44(2)(a)\n\n328  Clause 1 of Schedule 3\n\n329  Paragraph 3(1)(d) of Schedule 3\n\n330  Paragraph 7(c) of Schedule 3\n\nOmit “Federal Court’s or the Federal Circuit Court’s discretion”, substitute “discretion of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2)”.\n\nEducation Services for Overseas Students Act 2000\n\n","sortOrder":291},{"sectionNumber":"331","sectionType":"section","heading":"Subsection 110B(1)","content":"331  Subsection 110B(1)\n\nEnhancing Online Safety Act 2015\n\n","sortOrder":292},{"sectionNumber":"332","sectionType":"section","heading":"Subsections 46(3), 47(3) and 48(3)","content":"332  Subsections 46(3), 47(3) and 48(3)\n\nEvidence Act 1995\n\n","sortOrder":293},{"sectionNumber":"333","sectionType":"section","heading":"Subsection 4(5A)","content":"333  Subsection 4(5A)\n\n (5A) Despite subsection (5), this Act applies to an appeal to the Federal Circuit and Family Court of Australia (Division 1) from a court of summary jurisdiction of a State or Territory exercising jurisdiction under the Family Law Act 1975.\n\nExtradition Act 1988\n\n","sortOrder":294},{"sectionNumber":"334","sectionType":"section","heading":"Section 5 (definition of eligible Federal Circuit Court Judge)","content":"334  Section 5 (definition of eligible Federal Circuit Court Judge)\n\n","sortOrder":295},{"sectionNumber":"335","sectionType":"section","heading":"Section 5","content":"335  Section 5\n\neligible Judge means a Judge of the Federal Circuit and Family Court of Australia (Division 2) in relation to whom a consent under subsection 45A(1) and a nomination under subsection 45A(2) are in force.\n\n336  Subsection 11(6)\n\n337  Paragraph 12(1)(a)\n\n338  Subsections 12(3) and 14(1)\n\n339  Sections 15 and 15A\n\n340  Subsections 15B(1) and (4) and 16(1)\n\n341  Subsections 16A(2) and (3)\n\n342  Section 17\n\n343  Subsections 18(1), (3) and (4)\n\n344  Paragraph 19(1)(c)\n\n345  Subsection 19(9A)\n\n346  Subparagraphs 19A(1)(b)(ii) and 20(1)(a)(ii)\n\n347  Subsection 21(1)\n\n348  Subsection 22(1) (paragraph (a) of the definition of eligible person)\n\n349  Paragraphs 22(5)(a) and (b)\n\n350  Paragraph 26(1)(ca)\n\n351  Subsection 26(2A)\n\n352  Paragraphs 28(a) and 29(a)\n\n353  Subsection 31(1)\n\n354  Section 32\n\n355  Paragraphs 33(c) and 34(1)(b)\n\n356  Subsections 35(1) and (2)\n\n357  Subsections 43(1), (2) and (3)\n\n358  Paragraph 45(1)(a)\n\n359  Section 45A (heading)\n\nOmit “Federal Circuit Court Judges”, substitute “Judges of the Federal Circuit and Family Court of Australia (Division 2)”.\n\n360  Subsections 45A(1) and (2)\n\n361  Subsection 45A(2)\n\n362  Section 45B (heading)\n\nOmit “Federal Circuit Court Judges”, substitute “Judges of the Federal Circuit and Family Court of Australia (Division 2)”.\n\n363  Subsections 45B(1) and (3)\n\n364  Section 46A\n\n365  Subparagraphs 48(1)(b)(iii) and (iv)\n\n366  Subsection 49(2)\n\n367  Section 49B\n\n368  Paragraph 55(c)\n\nOmit “eligible Federal Circuit Court Judges” (wherever occurring), substitute “eligible Judges”.\n\n369  Section 12 (definition of Federal Circuit Court)\n\n370  Subsections 417(3), 421(3) and 422(1)\n\n371  Section 537\n\nSubdivision B of Division 2 sets out the orders that can be made by the Federal Court, the Federal Circuit Court or an eligible State or Territory Court in relation to a contravention of a civil remedy provision.\n\nSubdivision B of Division 2 sets out the orders that can be made by the Federal Court, the Federal Circuit and Family Court of Australia (Division 2) or an eligible State or Territory Court in relation to a contravention of a civil remedy provision.\n\n","sortOrder":296},{"sectionNumber":"372","sectionType":"section","heading":"Subsection 539(2) (table)","content":"372  Subsection 539(2) (table)\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n373  Section 543\n\n374  Subsection 545(1) (heading)\n\n375  Subsections 545(1) and (2) and 546(1)\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n376  Paragraph 548(1)(a)\n\n377  Paragraph 558C(3)(b)\n\n378  Section 560\n\n560  Guide to this Part\n\nThis Part is about the jurisdiction and powers of the courts in relation to matters arising under this Act.\n\nDivisions 2 and 3 confer jurisdiction on the Federal Court and the Federal Circuit and Family Court of Australia (Division 2). That jurisdiction is generally required to be exercised in the Fair Work Divisions of those courts.\n\nDivision 4 deals with intervention, costs, limitation on imprisonment, and regulations, in relation to proceedings in the Federal Court, the Federal Circuit and Family Court of Australia (Division 2) and, in some cases, a court of a State or Territory.\n\n379  Paragraphs 563(f), (g) and (h)\n\n380  Division 3 of Part 4‑2 of Chapter 4 (heading)\n\n381  Section 566 (heading)\n\n382  Section 566\n\n383  Section 567 (heading)\n\n384  Section 567\n\nOmit “Federal Circuit Court under section 566 is to be exercised in the Fair Work Division of the Federal Circuit Court”, substitute “Federal Circuit and Family Court of Australia (Division 2) under section 566 is to be exercised in the Fair Work Division of the Court”.\n\n","sortOrder":297},{"sectionNumber":"385","sectionType":"section","heading":"Paragraph 567(a)","content":"385  Paragraph 567(a)\n\n","sortOrder":298},{"sectionNumber":"386","sectionType":"section","heading":"Paragraph 567(b)","content":"386  Paragraph 567(b)\n\nOmit “section 15 of the Federal Circuit Court of Australia Act 1999”, substitute “section 140 of the Federal Circuit and Family Court of Australia Act 2021”.\n\n","sortOrder":299},{"sectionNumber":"387","sectionType":"section","heading":"Paragraph 567(c)","content":"387  Paragraph 567(c)\n\nOmit “section 16 of the Federal Circuit Court of Australia Act 1999”, substitute “section 141 of the Federal Circuit and Family Court of Australia Act 2021”.\n\n388  Paragraph 567(d)\n\n389  Paragraph 567(e)\n\n390  Section 568\n\n568  No limitation on powers of the Federal Circuit and Family Court of Australia (Division 2)\n\n  To avoid doubt, nothing in this Act limits the powers of the Federal Circuit and Family Court of Australia (Division 2) under section 139, 140 or 141 of the Federal Circuit and Family Court of Australia Act 2021.\n\n","sortOrder":300},{"sectionNumber":"391","sectionType":"section","heading":"Paragraph 576(2)(ca)","content":"391  Paragraph 576(2)(ca)\n\n (ca) mediating any proceedings, part of proceedings or matter arising out of any proceedings that, under section 53A of the Federal Court of Australia Act 1976 or section 169 of the Federal Circuit and Family Court of Australia Act 2021, have been referred by the Fair Work Division of the Federal Court or Federal Circuit and Family Court of Australia (Division 2) to the FWC for mediation;\n\n","sortOrder":301},{"sectionNumber":"392","sectionType":"section","heading":"Subsections 627(1A) and (2A)","content":"392  Subsections 627(1A) and (2A)\n\n","sortOrder":302},{"sectionNumber":"393","sectionType":"section","heading":"Subsection 641B(2) (table item 4, column 2)","content":"393  Subsection 641B(2) (table item 4, column 2)\n\nOmit “Family Court of Australia or the Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia (Division 1) or the Federal Circuit and Family Court of Australia (Division 2)”.\n\n394  Section 653A (heading)\n\n395  Section 653A\n\n396  Subsection 715(6)\n\n397  Paragraph 716(3)(e)\n\n398  Subsection 717(1)\n\n399  Paragraphs 789CD(3)(b) and 789CE(4)(b)\n\nFair Work (Registered Organisations) Act 2009\n\n400  Section 6 (definition of Federal Circuit Court)\n\n401  Subsections 337BB(1) and (6)\n\n402  Section 353A (heading)\n\n403  Subsection 353A(1)\n\nFair Work (Transitional Provisions and Consequential Amendments) Act 2009\n\n","sortOrder":303},{"sectionNumber":"404","sectionType":"section","heading":"Subitem 16(1) of Schedule 16 (table)","content":"404  Subitem 16(1) of Schedule 16 (table)\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n405  Item 17 of Schedule 16\n\n406  Paragraphs 22(f), (g) and (h) of Schedule 17\n\n407  Item 25 of Schedule 17 (heading)\n\n408  Item 25 of Schedule 17\n\n409  Item 26 of Schedule 17 (heading)\n\n410  Item 26 of Schedule 17\n\nOmit “Federal Circuit Court under item 25 is to be exercised in the Fair Work Division of the Federal Circuit Court”, substitute “Federal Circuit and Family Court of Australia (Division 2) under item 25 is to be exercised in the Fair Work Division of the Court”.\n\n","sortOrder":304},{"sectionNumber":"411","sectionType":"section","heading":"Paragraph 26(a) of Schedule 17","content":"411  Paragraph 26(a) of Schedule 17\n\n","sortOrder":305},{"sectionNumber":"412","sectionType":"section","heading":"Paragraph 26(b) of Schedule 17","content":"412  Paragraph 26(b) of Schedule 17\n\nOmit “section 15 of the Federal Circuit Court of Australia Act 1999”, substitute “section 140 of the Federal Circuit and Family Court of Australia Act 2021”.\n\n","sortOrder":306},{"sectionNumber":"413","sectionType":"section","heading":"Paragraph 26(c) of Schedule 17","content":"413  Paragraph 26(c) of Schedule 17\n\nOmit “section 16 of the Federal Circuit Court of Australia Act 1999”, substitute “section 141 of the Federal Circuit and Family Court of Australia Act 2021”.\n\n414  Paragraph 26(d) of Schedule 17\n\n415  Paragraph 26(e) of Schedule 17\n\n416  Item 27 of Schedule 17\n\n27  No limitation on powers of the Federal Circuit and Family Court of Australia (Division 2)\n\nTo avoid doubt, nothing in this Act limits the powers of the Federal Circuit and Family Court of Australia (Division 2) under section 139, 140 or 141 of the Federal Circuit and Family Court of Australia Act 2021.\n\nFamily Court of Western Australia (Orders of Registrars) Act 1997\n\n","sortOrder":307},{"sectionNumber":"417","sectionType":"section","heading":"Section 11","content":"417  Section 11\n\nOmit “Family Court”, substitute “Family Court of Australia”.\n\n","sortOrder":308},{"sectionNumber":"418","sectionType":"section","heading":"Subsection 12(1)","content":"418  Subsection 12(1)\n\nFederal Proceedings (Costs) Act 1981\n\n419  Subsection 3(1) (definition of Family Court)\n\n420  Subsection 3(1) (paragraph (d) of the definition of Federal appeal)\n\n421  Subsection 3(1) (paragraph (fa) of the definition of Federal appeal)\n\n422  Subsection 3(1) (subparagraph (ga)(ii) of the definition of Federal appeal)\n\n423  Subsection 3(1) (paragraphs (j), (ja) and (k) of the definition of Federal appeal)\n\n (j) an appeal to the Full Court of the Federal Circuit and Family Court of Australia (Division 1) from a judgment of the Federal Circuit and Family Court of Australia (Division 1) constituted by a single Judge; or\n\n (ja) an appeal to the Federal Circuit and Family Court of Australia (Division 1) from a judgment of the Federal Circuit and Family Court of Australia (Division 2); or\n\n (k) an appeal to the Federal Circuit and Family Court of Australia (Division 1) from a judgment of a court of a State, a court of an internal Territory (including the Northern Territory) or a court of Norfolk Island.\n\n424  Subsection 3(1)\n\n425  Subsection 3(1) (definition of Federal Circuit Court)\n\n426  Subsection 10(1)\n\nOmit “the Family Court, the Federal Circuit Court”, substitute “the Federal Circuit and Family Court of Australia”.\n\n","sortOrder":309},{"sectionNumber":"427","sectionType":"section","heading":"Schedule (table item dealing with the Family Court)","content":"427  Schedule (table item dealing with the Family Court)\n\n \n\n| Federal Circuit and Family Court of Australia | 2000 |\n| --- | --- |\n\nForeign Acquisitions and Takeovers Act 1975\n\n","sortOrder":310},{"sectionNumber":"428","sectionType":"section","heading":"Paragraph 99(3)(b)","content":"428  Paragraph 99(3)(b)\n\n","sortOrder":311},{"sectionNumber":"429","sectionType":"section","heading":"Subsection 132(1)","content":"429  Subsection 132(1)\n\nForeign Evidence Act 1994\n\n430  Subsection 3(1) (paragraph (b) of the definition of superior court)\n\n431  Division 2 of Part 2 (heading)\n\n432  Section 9A (heading)\n\n433  Subsection 9A(1)\n\nChild support or family law matters\n\n (1) The Federal Circuit and Family Court of Australia (Division 1) may, on the application of a party to a proceeding before the Federal Circuit and Family Court of Australia (Division 2) in a child support or family law matter, exercise the same power to make an order of the kind referred to in Division 1 as the Federal Circuit and Family Court of Australia (Division 1) has under that Division for the purpose of a proceeding in the Federal Circuit and Family Court of Australia (Division 1).\n\n434  Subsection 9A(2)\n\n435  Paragraph 11(1)(a)\n\n436  Subsection 11(2) (paragraph (a) of the definition of appropriate court)\n\n437  Subsection 12(1)\n\n438  Paragraph 12(2)(a)\n\nOmit “Federal Circuit Court of Australia’s satisfaction or the inferior court’s satisfaction”, substitute “satisfaction of the Federal Circuit and Family Court of Australia (Division 2) or the inferior court”.\n\n","sortOrder":312},{"sectionNumber":"439","sectionType":"section","heading":"Subsection 15(1)","content":"439  Subsection 15(1)\n\nFreedom of Information Act 1982\n\n","sortOrder":313},{"sectionNumber":"440","sectionType":"section","heading":"Subsection 5(1B) (heading)","content":"440  Subsection 5(1B) (heading)\n\nOmit “Family Court Judges”, substitute “Judges of the Federal Circuit and Family Court of Australia (Division 1)”.\n\n","sortOrder":314},{"sectionNumber":"441","sectionType":"section","heading":"Paragraph 5(1B)(a)","content":"441  Paragraph 5(1B)(a)\n\n (a) exercising powers or performing functions under paragraph 47(2)(d) and subsection 48(1) of the Federal Circuit and Family Court of Australia Act 2021; or\n\n","sortOrder":315},{"sectionNumber":"442","sectionType":"section","heading":"Subsection 5(1C) (heading)","content":"442  Subsection 5(1C) (heading)\n\n","sortOrder":316},{"sectionNumber":"443","sectionType":"section","heading":"Paragraph 5(1C)(a)","content":"443  Paragraph 5(1C)(a)\n\n (a) exercising powers or performing functions under paragraph 144(2)(d) and subsection 145(1) of the Federal Circuit and Family Court of Australia Act 2021; or\n\n","sortOrder":317},{"sectionNumber":"444","sectionType":"section","heading":"Subsections 64(7) and (8) and 67(4) and (5)","content":"444  Subsections 64(7) and (8) and 67(4) and (5)\n\nOmit “Federal Circuit Court of Australia” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\nGovernment Procurement (Judicial Review) Act 2018\n\n","sortOrder":318},{"sectionNumber":"445","sectionType":"section","heading":"Section 3","content":"445  Section 3\n\n• The Federal Court or the Federal Circuit Court may grant an injunction in relation to a contravention of the relevant Commonwealth Procurement Rules (so far as those rules relate to a covered procurement).\n\n• The Federal Court or the Federal Circuit Court may order the payment of compensation for a contravention of the relevant Commonwealth Procurement Rules (so far as those rules relate to a covered procurement).\n\n• The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may grant an injunction in relation to a contravention of the relevant Commonwealth Procurement Rules (so far as those rules relate to a covered procurement).\n\n• The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may order the payment of compensation for a contravention of the relevant Commonwealth Procurement Rules (so far as those rules relate to a covered procurement).\n\n446  Section 4 (definition of Federal Circuit Court)\n\n447  Section 8\n\n8  Simplified outline of this Part\n\n• The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may grant an injunction in relation to a contravention of the relevant Commonwealth Procurement Rules (so far as those rules relate to a covered procurement).\n\n448  Subsections 9(1) and (2)\n\n449  Paragraph 10(1)(a)\n\n450  Sections 11 and 14\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n","sortOrder":319},{"sectionNumber":"451","sectionType":"section","heading":"Section 15","content":"451  Section 15\n\n15  Simplified outline of this Part\n\n• The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may order the payment of compensation for a contravention of the relevant Commonwealth Procurement Rules (so far as those rules relate to a covered procurement).\n\n","sortOrder":320},{"sectionNumber":"452","sectionType":"section","heading":"Section 16","content":"452  Section 16\n\nGreat Barrier Reef Marine Park Amendment (Authority Governance and Other Matters) Act 2018\n\n","sortOrder":321},{"sectionNumber":"453","sectionType":"section","heading":"Paragraph 10(2)(b) of Schedule 2","content":"453  Paragraph 10(2)(b) of Schedule 2\n\nGreenhouse and Energy Minimum Standards Act 2012\n\n","sortOrder":322},{"sectionNumber":"454","sectionType":"section","heading":"Section 5 (paragraph (b) of the definition of issuing officer)","content":"454  Section 5 (paragraph (b) of the definition of issuing officer)\n\n (b) a Judge of the Federal Circuit and Family Court of Australia (Division 2); or\n\n","sortOrder":323},{"sectionNumber":"455","sectionType":"section","heading":"Section 5 (paragraph (aa) of the definition of relevant court)","content":"455  Section 5 (paragraph (aa) of the definition of relevant court)\n\n (aa) the Federal Circuit and Family Court of Australia (Division 2); or\n\nHealthcare Identifiers Act 2010\n\n","sortOrder":324},{"sectionNumber":"456","sectionType":"section","heading":"Paragraphs 31C(3)(b), 31D(3)(b) and 31E(3)(b)","content":"456  Paragraphs 31C(3)(b), 31D(3)(b) and 31E(3)(b)\n\nHigher Education Support Act 2003\n\n","sortOrder":325},{"sectionNumber":"457","sectionType":"section","heading":"Subclause 1(1) of Schedule 1 (paragraph (b) of the definition of applicable court)","content":"457  Subclause 1(1) of Schedule 1 (paragraph (b) of the definition of applicable court)\n\n","sortOrder":326},{"sectionNumber":"458","sectionType":"section","heading":"Subclause 1(1) of Schedule 1 (paragraph (c) of the definition of judicial officer)","content":"458  Subclause 1(1) of Schedule 1 (paragraph (c) of the definition of judicial officer)\n\nHorse Disease Response Levy Collection Act 2011\n\n","sortOrder":327},{"sectionNumber":"459","sectionType":"section","heading":"Paragraph 13(11)(b)","content":"459  Paragraph 13(11)(b)\n\n","sortOrder":328},{"sectionNumber":"460","sectionType":"section","heading":"Subsection 19(2)","content":"460  Subsection 19(2)\n\nHuman Rights Legislation Amendment Act 2017\n\n","sortOrder":329},{"sectionNumber":"461","sectionType":"section","heading":"Subitem 58(9) of Schedule 2","content":"461  Subitem 58(9) of Schedule 2\n\nOmit “or the Federal Circuit Court”, substitute “, the Federal Circuit Court of Australia or the Federal Circuit and Family Court of Australia (Division 2)”.\n\nIllegal Logging Prohibition Act 2012\n\n462  Paragraph 21(5)(c)\n\n463  Paragraph 21(9)(b)\n\n464  Paragraph 22(4)(c)\n\n465  Paragraphs 22(8)(b) and 23(3)(b)\n\nImported Food Control Act 1992\n\n","sortOrder":330},{"sectionNumber":"466","sectionType":"section","heading":"Paragraphs 22(11)(b), 23(8)(b), 24(3)(b) and 26(3)(b)","content":"466  Paragraphs 22(11)(b), 23(8)(b), 24(3)(b) and 26(3)(b)\n\nIncome Tax Assessment Act 1997\n\n","sortOrder":331},{"sectionNumber":"467","sectionType":"section","heading":"Subsection 126‑15(2) (example)","content":"467  Subsection 126‑15(2) (example)\n\nOmit “The Family Court”, substitute “A court”.\n\nIndependent Contractors Act 2006\n\n","sortOrder":332},{"sectionNumber":"468","sectionType":"section","heading":"Section 4 (definition of Court)","content":"468  Section 4 (definition of Court)\n\n","sortOrder":333},{"sectionNumber":"469","sectionType":"section","heading":"Subsection 12(1) (note)","content":"469  Subsection 12(1) (note)\n\nNote: A proceeding pending in the Federal Circuit and Family Court of Australia (Division 2) may be transferred to the Federal Court of Australia: see section 153 of the Federal Circuit and Family Court of Australia Act 2021 and section 32AC of the Federal Court of Australia Act 1976.\n\n","sortOrder":334},{"sectionNumber":"470","sectionType":"section","heading":"Section 15 (note)","content":"470  Section 15 (note)\n\nOmit “Part 4 of the Federal Circuit Court of Australia Act 1999”, substitute “Part 5 of Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021”.\n\n","sortOrder":335},{"sectionNumber":"471","sectionType":"section","heading":"Section 16 (note 2)","content":"471  Section 16 (note 2)\n\nIndustrial Chemicals Act 2019\n\n","sortOrder":336},{"sectionNumber":"472","sectionType":"section","heading":"Section 9 (paragraph (c) of the definition of issuing officer)","content":"472  Section 9 (paragraph (c) of the definition of issuing officer)\n\n","sortOrder":337},{"sectionNumber":"473","sectionType":"section","heading":"Section 9 (paragraph (b) of the definition of relevant court)","content":"473  Section 9 (paragraph (b) of the definition of relevant court)\n\nIndustrial Chemicals (Notification and Assessment) Act 1989\n\n","sortOrder":338},{"sectionNumber":"474","sectionType":"section","heading":"Paragraphs 83(3)(b), 85(9)(b) and 86(8)(b)","content":"474  Paragraphs 83(3)(b), 85(9)(b) and 86(8)(b)\n\nInspector‑General of Live Animal Exports Act 2019\n\n","sortOrder":339},{"sectionNumber":"475","sectionType":"section","heading":"Paragraph 33(3)(b)","content":"475  Paragraph 33(3)(b)\n\nInsurance Contracts Act 1984\n\n","sortOrder":340},{"sectionNumber":"476","sectionType":"section","heading":"Subsection 11(1) (paragraph (b) of the definition of relevant court)","content":"476  Subsection 11(1) (paragraph (b) of the definition of relevant court)\n\nIntellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018\n\n477  Subitem 223(2) of Schedule 2\n\n478  Subitem 237(2) of Schedule 2\n\n479  Section 4 (definition of Federal Circuit Court)\n\n480  Paragraphs 64B(3)(b) and 64D(3)(b)\n\nJudges (Long Leave Payments) Act 1979\n\n481  Title\n\n482  Section 3 (paragraph (a) of the definition of Judge)\n\n483  After section 3A\n\n3B  Service in more than one judicial office\n\n  To avoid doubt, a person may satisfy the definition of Judge at a particular time even if the person also holds, at the same time, an office as a Judge of the Federal Circuit and Family Court of Australia (Division 2).\n\nNote: See paragraph (a) of the definition of Judge in section 3.\n\nJudges’ Pensions Act 1968\n\n","sortOrder":341},{"sectionNumber":"484","sectionType":"section","heading":"Subsection 4(1) (paragraph (a) of the definition of appropriate current judicial salary)","content":"484  Subsection 4(1) (paragraph (a) of the definition of appropriate current judicial salary)\n\nOmit “paragraph (b), (c), (d) or (e)”, substitute “paragraph (b), (ba), (bb), (c), (d), (da), (db) or (e)”.\n\n","sortOrder":342},{"sectionNumber":"485","sectionType":"section","heading":"Subsection 4(1) (after paragraph (b) of the definition of appropriate current judicial salary)","content":"485  Subsection 4(1) (after paragraph (b) of the definition of appropriate current judicial salary)\n\n (ba) in the case of a Judge who was a Chief Justice of the Family Court of Australia—the salary for the time being payable to the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1); and\n\n (bb) in the case of a Judge who was a Deputy Chief Justice of the Family Court of Australia—the salary for the time being payable to the Deputy Chief Justice of the Federal Circuit and Family Court of Australia (Division 1); and\n\n","sortOrder":343},{"sectionNumber":"486","sectionType":"section","heading":"Subsection 4(1) (after paragraph (d) of the definition of appropriate current judicial salary)","content":"486  Subsection 4(1) (after paragraph (d) of the definition of appropriate current judicial salary)\n\n (da) in the case of a Senior Judge (other than a Chief Justice or Deputy Chief Justice) of the Family Court of Australia—the salary for the time being payable to a Senior Judge of the Federal Circuit and Family Court of Australia (Division 1); and\n\n (db) in the case of a Judge (other than a Chief Justice, Deputy Chief Justice or Senior Judge) of the Family Court of Australia—the salary for the time being payable to a Judge of the Federal Circuit and Family Court of Australia (Division 1); and\n\n","sortOrder":344},{"sectionNumber":"487","sectionType":"section","heading":"Subsection 4(1)","content":"487  Subsection 4(1)\n\nFamily Court of Australia means the federal court known, immediately before the commencement of the Federal Circuit and Family Court of Australia Act 2021, as the Family Court of Australia.\n\n","sortOrder":345},{"sectionNumber":"488","sectionType":"section","heading":"Subsection 4(1) (paragraph (a) of the definition of Judge)","content":"488  Subsection 4(1) (paragraph (a) of the definition of Judge)\n\n","sortOrder":346},{"sectionNumber":"489","sectionType":"section","heading":"Subsection 4(1) (at the end of the end of the definition of Judge)","content":"489  Subsection 4(1) (at the end of the end of the definition of Judge)\n\nAdd:\n\nNote: For service in more than one judicial office, see section 5.\n\n","sortOrder":347},{"sectionNumber":"490","sectionType":"section","heading":"At the end of section 5","content":"490  At the end of section 5\n\nAdd:\n\n (3) To avoid doubt, a person may satisfy the definition of Judge at a particular time even if the person also holds, at the same time, an office as a Judge of the Federal Circuit and Family Court of Australia (Division 2).\n\nNote: See paragraph (a) of the definition of Judge in subsection 4(1).\n\nJudicial and Statutory Officers (Remuneration and Allowances) Act 1984\n\n","sortOrder":348},{"sectionNumber":"491","sectionType":"section","heading":"Part 2 of the Schedule (cell at table item dealing with Chief Justice of the Family Court of Australia, column 1)","content":"491  Part 2 of the Schedule (cell at table item dealing with Chief Justice of the Family Court of Australia, column 1)\n\n| Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)……………………………………………….……...... |\n\n","sortOrder":349},{"sectionNumber":"492","sectionType":"section","heading":"Part 2 of the Schedule (cell at table item dealing with Deputy Chief Justice of the Family Court of Australia, column 1)","content":"492  Part 2 of the Schedule (cell at table item dealing with Deputy Chief Justice of the Family Court of Australia, column 1)\n\n| Deputy Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) ……………………………………………………….. |\n\n493  Part 2 of the Schedule (table item dealing with Judge assigned to the Appeal Division of the Family Court of Australia (other than the Chief Justice or the Deputy Chief Justice))\n\n","sortOrder":350},{"sectionNumber":"494","sectionType":"section","heading":"Part 2 of the Schedule (cell at table item dealing with Senior Judge of the Family Court of Australia)","content":"494  Part 2 of the Schedule (cell at table item dealing with Senior Judge of the Family Court of Australia)\n\n| Senior Judge of the Federal Circuit and Family Court of Australia (Division 1) ……………………………………………………….. |\n\n","sortOrder":351},{"sectionNumber":"495","sectionType":"section","heading":"Part 2 of the Schedule (cell at table item dealing with Any other Judge of the Family Court of Australia, column 1)","content":"495  Part 2 of the Schedule (cell at table item dealing with Any other Judge of the Family Court of Australia, column 1)\n\n| Any other Judge of the Federal Circuit and Family Court of Australia (Division 1)………………………………………………………… |\n\n","sortOrder":352},{"sectionNumber":"496","sectionType":"section","heading":"Part 2 of the Schedule (table item dealing with Judicial Registrar of the Family Court of Australia)","content":"496  Part 2 of the Schedule (table item dealing with Judicial Registrar of the Family Court of Australia)\n\nJudicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012\n\n","sortOrder":353},{"sectionNumber":"497","sectionType":"section","heading":"Section 4","content":"497  Section 4\n\nUnder this Act, the Houses of the Parliament may each pass a resolution, in the same session, establishing a Commission to investigate an allegation of misbehaviour or incapacity of a Commonwealth judicial officer (that is, a High Court judge or a judge of the Federal Court of Australia, the Family Court of Australia or the Federal Circuit Court of Australia).\n\nUnder this Act, the Houses of the Parliament may each pass a resolution, in the same session, establishing a Commission to investigate an allegation of misbehaviour or incapacity of a Commonwealth judicial officer (that is, a High Court judge or a judge of the Federal Court of Australia, the Federal Circuit and Family Court of Australia (Division 1) or the Federal Circuit and Family Court of Australia (Division 2).\n\n","sortOrder":354},{"sectionNumber":"498","sectionType":"section","heading":"Paragraph 19(6)(b)","content":"498  Paragraph 19(6)(b)\n\n","sortOrder":355},{"sectionNumber":"499","sectionType":"section","heading":"Paragraph 19(6)(c)","content":"499  Paragraph 19(6)(c)\n\nOmit “Federal Circuit Court of Australia Act 1999”, substitute “Federal Circuit and Family Court of Australia Act 2021”.\n\nJudiciary Act 1903\n\n","sortOrder":356},{"sectionNumber":"500","sectionType":"section","heading":"Paragraph 23(2)(a)","content":"500  Paragraph 23(2)(a)\n\n","sortOrder":357},{"sectionNumber":"501","sectionType":"section","heading":"Paragraph 39B(1EA)(a)","content":"501  Paragraph 39B(1EA)(a)\n\nOmit “Family Court of Australia, the Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia”.\n\n","sortOrder":358},{"sectionNumber":"502","sectionType":"section","heading":"Paragraph 39B(1EA)(b)","content":"502  Paragraph 39B(1EA)(b)\n\n","sortOrder":359},{"sectionNumber":"503","sectionType":"section","heading":"Subparagraphs 39B(1EA)(d)(i) and (ii)","content":"503  Subparagraphs 39B(1EA)(d)(i) and (ii)\n\n (i) if the civil proceeding or appeal is before the Federal Circuit and Family Court of Australia (Division 1)—that court; or\n\n (ii) if the civil proceeding or appeal is before the Federal Circuit and Family Court of Australia (Division 2)—that court; or\n\n","sortOrder":360},{"sectionNumber":"504","sectionType":"section","heading":"Subsection 39B(2)","content":"504  Subsection 39B(2)\n\n","sortOrder":361},{"sectionNumber":"505","sectionType":"section","heading":"Subsection 39B(3)","content":"505  Subsection 39B(3)\n\nJurisdiction of Courts (Cross‑vesting) Act 1987\n\n506  Paragraph (b) of the Preamble\n\n507  Subsection 3(1) (definition of Family Court)\n\n508  Paragraphs 4(1)(a) and (2)(b)\n\n509  Subsection 4(3)\n\n510  Subparagraph 5(1)(b)(i)\n\n511  Subparagraphs 5(1)(b)(ii) and (iii)\n\nOmit “Family Court”(wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 1)”.\n\n512  Subsection 5(1)\n\n513  Paragraphs 5(4)(a) and (5)(a)\n\n514  Paragraph 6(2)(b)\n\n515  Subsection 6A(2)\n\n516  Subsection 6A(3)\n\n517  Subsection 7(1)\n\n518  Subsection 7(2)\n\n519  Paragraph 7(5)(a)\n\nOmit “of the Family Court”, substitute “of the Federal Circuit and Family Court of Australia (Division 1)”.\n\n","sortOrder":362},{"sectionNumber":"520","sectionType":"section","heading":"Subsection 7(7)","content":"520  Subsection 7(7)\n\nOmit “of the Family Court”, substitute “of the Federal Circuit and Family Court of Australia (Division 1)”.\n\n521  Subparagraph 8(1)(b)(i)\n\n522  Subsection 9(3)\n\n523  Paragraph 10(a)\n\n524  Subsection 11(2)\n\n525  Subsection 14(1)\n\n526  Subsection 14(3)\n\n527  Subsection 16(4)\n\nLaw Enforcement Integrity Commissioner Act 2006\n\n528  Subsection 5(1) (definition of Federal Circuit Court)\n\n529  Subsection 5(1) (subparagraph (a)(ia) of the definition of issuing officer)\n\n530  Paragraph 96AD(2)(b)\n\n531  Subsection 103(1) (note 2)\n\n532  Subsection 103(2) (note)\n\n533  Paragraph 109(7)(b)\n\n (b) a Judge of the Federal Circuit and Family Court of Australia (Division 2).\n\n","sortOrder":363},{"sectionNumber":"534","sectionType":"section","heading":"Subparagraph 201(g)(i)","content":"534  Subparagraph 201(g)(i)\n\n","sortOrder":364},{"sectionNumber":"535","sectionType":"section","heading":"Subsections 221(1) and (2)","content":"535  Subsections 221(1) and (2)\n\nMajor Sporting Events (Indicia and Images) Protection Act 2014\n\n","sortOrder":365},{"sectionNumber":"536","sectionType":"section","heading":"Section 9 (paragraph (b) of the definition of relevant court)","content":"536  Section 9 (paragraph (b) of the definition of relevant court)\n\nMarriage Act 1961\n\n","sortOrder":366},{"sectionNumber":"537","sectionType":"section","heading":"Subsection 5(1) (paragraph (a) of the definition of Judge)","content":"537  Subsection 5(1) (paragraph (a) of the definition of Judge)\n\n (a) a Judge of the Federal Circuit and Family Court of Australia (Division 1), or a Judge of the Federal Circuit and Family Court of Australia (Division 2), who is appointed by the Minister to be a person authorised to perform that function;\n\n","sortOrder":367},{"sectionNumber":"538","sectionType":"section","heading":"Subsection 9A(1)","content":"538  Subsection 9A(1)\n\nOmit “Family Court of Australia or of the Family Court of a State or a Judge of the Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia (Division 1), the Federal Circuit and Family Court of Australia (Division 2) or the Family Court of a State”.\n\n","sortOrder":368},{"sectionNumber":"539","sectionType":"section","heading":"Subsection 92(1)","content":"539  Subsection 92(1)\n\nOmit “Family Court of Australia, the Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia (Division 1), the Federal Circuit and Family Court of Australia (Division 2)”.\n\nMarriage Amendment (Definition and Religious Freedoms) Act 2017\n\n","sortOrder":369},{"sectionNumber":"540","sectionType":"section","heading":"After subitem 6(6) of Schedule 4","content":"540  After subitem 6(6) of Schedule 4\n\n(6A) To avoid doubt, on and after the day Schedule 1 to the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 commences, an appeal mentioned in subitem (6) may not be referred to the Full Court of the Federal Circuit and Family Court of Australia (Division 1).\n\nMaternity Leave (Commonwealth Employees) Act 1973\n\n","sortOrder":370},{"sectionNumber":"541","sectionType":"section","heading":"Paragraph 5(3)(ba)","content":"541  Paragraph 5(3)(ba)\n\n (ba) a person who is a Judge of the Federal Circuit and Family Court of Australia (Division 2);\n\nMigration Act 1958\n\n542  Subsection 5(1) (paragraph (b) of the definition of eligible court)\n\n543  Subsection 5(1) (definition of Federal Circuit Court)\n\n544  Subparagraph 42(2A)(e)(ii)\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n545  Section 91X (heading)\n\n546  Subsections 91X(1), 114(1) and 153(2)\n\n547  Section 476 (heading)\n\n548  Subsections 476(1), (2) and (3)\n\n549  Paragraph 476A(1)(a)\n\n (a) both:\n\n (i) the Federal Circuit and Family Court of Australia (Division 2) transfers a proceeding pending in that court in relation to the decision to the Federal Court under section 153 of the Federal Circuit and Family Court of Australia Act 2021; and\n\n (ii) the Federal Court confirms the transfer under section 32AD of the Federal Court of Australia Act 1976; or\n\n","sortOrder":371},{"sectionNumber":"550","sectionType":"section","heading":"After subsection 476A(1)","content":"550  After subsection 476A(1)\n\n (1A) To avoid doubt, the Federal Court does not have original jurisdiction in relation to a migration decision under subsection (1) in respect of proceedings that are transferred to the Federal Court under section 32AC of the Federal Court of Australia Act 1976.\n\n551  Paragraph 476A(3)(a)\n\n552  Subsections 476B(1) and (2)\n\n553  Section 477 (heading)\n\n554  Subsections 477(1) and (2) and 480(2)\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n555  Section 484 (heading)\n\n556  Subsections 484(1) and (2) and 486B(1)\n\n557  Section 486C (heading)\n\n558  Subsection 486C(1)\n\n559  Subsection 486C(3)\n\nOmit “Federal Circuit Court’s jurisdiction”, substitute “jurisdiction of the Federal Circuit and Family Court of Australia (Division 2)”.\n\n","sortOrder":372},{"sectionNumber":"560","sectionType":"section","heading":"Subsection 486C(3A)","content":"560  Subsection 486C(3A)\n\n (3A) This section applies to:\n\n (a) proceedings:\n\n (i) that are transferred to the Federal Court under section 153 of the Federal Circuit and Family Court of Australia Act 2021; and\n\n (ii) whose transfer are confirmed by the Federal Court under section 32AD of the Federal Court of Australia Act 1976; and\n\n (b) proceedings in which the Federal Court has jurisdiction under paragraph 476A(1)(b) or (c).\n\n (3B) To avoid doubt, this section does not apply to proceedings that are transferred to the Federal Court under section 32AC of the Federal Court of Australia Act 1976.\n\n561  Subsection 486D(1)\n\n562  Subsection 486D(5) (paragraph (a) of the definition of judicial review proceeding)\n\n563  Section 487A (paragraph (b) of the definition of issuing officer)\n\n (b) a Judge of the Federal Circuit and Family Court of Australia (Division 2); or\n\n","sortOrder":373},{"sectionNumber":"564","sectionType":"section","heading":"Paragraph 500(6)(d)","content":"564  Paragraph 500(6)(d)\n\n","sortOrder":374},{"sectionNumber":"565","sectionType":"section","heading":"Subsections 503A(4A) and (5A)","content":"565  Subsections 503A(4A) and (5A)\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n","sortOrder":375},{"sectionNumber":"566","sectionType":"section","heading":"Section 503B (heading)","content":"566  Section 503B (heading)\n\n","sortOrder":376},{"sectionNumber":"567","sectionType":"section","heading":"Subsection 503B(1)","content":"567  Subsection 503B(1)\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n","sortOrder":377},{"sectionNumber":"568","sectionType":"section","heading":"Subsection 503B(2)","content":"568  Subsection 503B(2)\n\nOmit “The Federal Court’s or Federal Circuit Court’s orders”, substitute “The orders of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2)”.\n\n","sortOrder":378},{"sectionNumber":"569","sectionType":"section","heading":"Paragraph 503B(2)(c)","content":"569  Paragraph 503B(2)(c)\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n","sortOrder":379},{"sectionNumber":"570","sectionType":"section","heading":"Subsections 503B(4), (5), (6), (7), (8), (10) and (11)","content":"570  Subsections 503B(4), (5), (6), (7), (8), (10) and (11)\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n","sortOrder":380},{"sectionNumber":"571","sectionType":"section","heading":"Subsection 503B(14) (table item 1, column headed “In the case of these proceedings...”)","content":"571  Subsection 503B(14) (table item 1, column headed “In the case of these proceedings...”)\n\nOmit “Federal Circuit Court’s jurisdiction”, substitute “jurisdiction of the Federal Circuit and Family Court of Australia (Division 2)”.\n\n572  Section 503C (heading)\n\n573  Subsection 503C(1)\n\n574  Subsection 503C(3)\n\nOmit “the Federal Circuit Court may, on application by the Minister, make such orders as the Federal Court or the Federal Circuit Court considers appropriate for the purpose of ensuring that, in the event that the subsection 503B(1) application is made and the information is disclosed to the Federal Court or the Federal Circuit Court”, substitute “the Federal Circuit and Family Court of Australia (Division 2) may, on application by the Minister, make such orders as the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) considers appropriate for the purpose of ensuring that, in the event that the subsection 503B(1) application is made and the information is disclosed to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2)”.\n\n","sortOrder":381},{"sectionNumber":"575","sectionType":"section","heading":"Paragraph 503C(3)(c)","content":"575  Paragraph 503C(3)(c)\n\n (c) the consideration of the subsection 503B(1) application by the Federal Court or the Federal Circuit and Family Court of Australia (Division 2); or\n\n","sortOrder":382},{"sectionNumber":"576","sectionType":"section","heading":"Paragraph 503C(3)(d)","content":"576  Paragraph 503C(3)(d)\n\n","sortOrder":383},{"sectionNumber":"577","sectionType":"section","heading":"Subsection 503C(4)","content":"577  Subsection 503C(4)\n\nOmit “The Federal Court’s or the Federal Circuit Court’s orders”, substitute “The orders of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2)”.\n\n","sortOrder":384},{"sectionNumber":"578","sectionType":"section","heading":"Paragraph 503C(4)(c)","content":"578  Paragraph 503C(4)(c)\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n","sortOrder":385},{"sectionNumber":"579","sectionType":"section","heading":"Subsections 503C(6) and (7)","content":"579  Subsections 503C(6) and (7)\n\nMutual Assistance in Criminal Matters Act 1987\n\n","sortOrder":386},{"sectionNumber":"580","sectionType":"section","heading":"Subsection 3(1) (definition of eligible Federal Circuit Court Judge)","content":"580  Subsection 3(1) (definition of eligible Federal Circuit Court Judge)\n\n","sortOrder":387},{"sectionNumber":"581","sectionType":"section","heading":"Subsection 3(1)","content":"581  Subsection 3(1)\n\neligible Judge means a Judge of the Federal Circuit and Family Court of Australia (Division 2) in relation to whom a consent under subsection 38ZC(1) and a nomination under subsection 38ZC(2) are in force.\n\n582  Subsection 3(1) (paragraph (a) of the definition of executing officer)\n\n583  Paragraphs 13(2)(a) and (b)\n\n584  Subsections 13(2A), (2B), (2C), (2D) and (4) to (5)\n\n585  Subsection 13AA(1)\n\n586  Subsection 13AA(2)\n\n (2) In the case of an eligible Judge, subject to the Rules of Court made under Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021, the order may be enforced as if the order were an order of the Federal Circuit and Family Court of Australia (Division 2).\n\n587  Paragraphs 13AB(1)(a) and (b)\n\n588  Section 15\n\n589  Subsections 25(2), 31(2), 38C(1) and (2) and 38D(1), (3) and (4), 38H(1) and (4), 38I(1), 38K(5) and 38N(7)\n\n590  Section 38Z\n\n591  Paragraph 38ZB(1)(a)\n\n592  Subsection 38ZB(2)\n\n593  Section 38ZC (heading)\n\nOmit “Federal Circuit Court Judges”, substitute “Judges of the Federal Circuit and Family Court of Australia (Division 2)”.\n\n594  Subsections 38ZC(1) and (2)\n\n595  Subsection 38ZC(2)\n\n596  Section 38ZD (heading)\n\nOmit “Federal Circuit Court Judges”, substitute “Judges of the Federal Circuit and Family Court of Australia (Division 2)”.\n\n","sortOrder":388},{"sectionNumber":"597","sectionType":"section","heading":"Subsections 38ZD(1) and (3)","content":"597  Subsections 38ZD(1) and (3)\n\n","sortOrder":389},{"sectionNumber":"598","sectionType":"section","heading":"Paragraph 44(c)","content":"598  Paragraph 44(c)\n\nOmit “eligible Federal Circuit Court Judges” (wherever occurring), substitute “eligible Judges”.\n\nMy Health Records Act 2012\n\n","sortOrder":390},{"sectionNumber":"599","sectionType":"section","heading":"Paragraphs 45C(1)(b), 50C(1)(b), 79(3)(b), 80(3)(b) and 81(3)(b)","content":"599  Paragraphs 45C(1)(b), 50C(1)(b), 79(3)(b), 80(3)(b) and 81(3)(b)\n\nNarcotic Drugs Act 1967\n\n","sortOrder":391},{"sectionNumber":"600","sectionType":"section","heading":"Subsection 4(1) (paragraph (b) of the definition of relevant court)","content":"600  Subsection 4(1) (paragraph (b) of the definition of relevant court)\n\nNational Cancer Screening Register Act 2016\n\n","sortOrder":392},{"sectionNumber":"601","sectionType":"section","heading":"Paragraph 24(3)(b)","content":"601  Paragraph 24(3)(b)\n\nNational Consumer Credit Protection Act 2009\n\n602  Subsection 5(1) (definition of Federal Circuit Court)\n\n603  Subsection 5(1) (paragraph (a) of the definition of lower court)\n\n604  Subsection 5(1) (paragraph (a) of the definition of relevant superior court)\n\n605  Section 185\n\nDivision 2 deals with civil proceedings. It confers jurisdiction on the Federal Court, the Federal Circuit Court and State and Territory courts, subject to specified limits. It also contains rules about the transfer of civil proceedings between courts and other matters (such as when proceedings may be dealt with as small claims proceedings and when adverse cost orders can be made).\n\nDivision 2 deals with civil proceedings. It confers jurisdiction on the Federal Court, the Federal Circuit and Family Court of Australia (Division 2) and State and Territory courts, subject to specified limits. It also contains rules about the transfer of civil proceedings between courts and other matters (such as when proceedings may be dealt with as small claims proceedings and when adverse cost orders can be made).\n\n606  Subsection 187(1) (cell at table item 2, column headed “Court on which civil jurisdiction is conferred”)\n\n607  Section 189 (table)\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n608  Subsection 191(2)\n\n609  Subsection 191(2) (note 1)\n\n610  Subsection 191(2) (note 2)\n\nNote 2: For transfers from the Federal Court to the Federal Circuit and Family Court of Australia (Division 2): see section 32AB of the Federal Court of Australia Act 1976.\n\nNote 3: For transfers from the Federal Circuit and Family Court of Australia (Division 2) to the Federal Court: see section 153 of the Federal Circuit and Family Court of Australia Act 2021 and section 32AC of the Federal Court of Australia Act 1976.\n\n","sortOrder":393},{"sectionNumber":"611","sectionType":"section","heading":"Paragraph 199(1)(a)","content":"611  Paragraph 199(1)(a)\n\nNational Disability Insurance Scheme Act 2013\n\n612  Subparagraphs 73ZE(3)(e)(ii) and 73ZF(2)(e)(ii)\n\n613  Paragraph 73ZJ(3)(b)\n\n614  Paragraphs 73ZK(3)(b), 73ZP(3)(b) and 73ZQ(3)(b)\n\nNational Greenhouse and Energy Reporting Act 2007\n\n","sortOrder":394},{"sectionNumber":"615","sectionType":"section","heading":"Section 7 (paragraph (b) of the definition of court)","content":"615  Section 7 (paragraph (b) of the definition of court)\n\nNational Health Act 1953\n\n","sortOrder":395},{"sectionNumber":"616","sectionType":"section","heading":"Subparagraph 134D(2)(b)(ii)","content":"616  Subparagraph 134D(2)(b)(ii)\n\nNational Health Security Act 2007\n\n","sortOrder":396},{"sectionNumber":"617","sectionType":"section","heading":"Subsections 62(1) and 79A(3)","content":"617  Subsections 62(1) and 79A(3)\n\nNational Measurement Act 1960\n\n","sortOrder":397},{"sectionNumber":"618","sectionType":"section","heading":"Section 18LL","content":"618  Section 18LL\n\n(3) The Secretary may apply to the Federal Court of Australia or the Federal Circuit Court of Australia for an injunction to restrain a person from conduct that would be an offence under Part IV, V, VI or VII (see section 18LO).\n\n(3) The Secretary may apply to the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 2) for an injunction to restrain a person from conduct that would be an offence under Part IV, V, VI or VII (see section 18LO).\n\n619  Subsections 18LN(1), 18LO(1) and 18QE(1)\n\n620  Section 19K (heading)\n\n621  Section 19K\n\nNational Redress Scheme for Institutional Child Sexual Abuse Act 2018\n\n","sortOrder":398},{"sectionNumber":"622","sectionType":"section","heading":"Paragraph 190(3)(b)","content":"622  Paragraph 190(3)(b)\n\nNational Vocational Education and Training Regulator Act 2011\n\n623  Section 3 (definition of Federal Circuit Court)\n\n624  Section 3 (paragraph (b) of the definition of issuing officer)\n\n625  Section 91 (heading)\n\nOmit “Federal Circuit Court Judges”, substitute “Judges of the Federal Circuit and Family Court of Australia (Division 2)”.\n\n626  Subsections 91(1) and (2) and 92(2)\n\n627  Section 137 (heading)\n\n628  Subsections 137(1), (2), (3) and (4)\n\n629  Section 139\n\n630  Subsections 140(4) and 141(2) and (4)\n\n631  Section 142\n\n632  Paragraph 147(1)(b)\n\n633  Sections 150, 151, 152 and 153\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n634  Section 154 (heading)\n\n635  Section 154\n\n636  Paragraph 232B(b)\n\n637  Section 7 (definition of Federal Circuit Court)\n\n638  Subparagraphs 216(6)(b)(ii), 398(2)(b)(ii), 572D(3)(b)(ii), 572E(3)(b)(ii), 572F(2)(b)(ii), 577(3)(b)(ii), 577A(2)(b)(ii), 583(2)(b)(ii), 589(4)(b)(ii) and (5)(b)(ii) and 597(4)(b)(ii) and (5)(b)(ii)\n\n639  Subsection 602C(6)\n\n640  Paragraph 602C(8)(b)\n\n641  Subsection 602D(5)\n\n642  Paragraphs 602D(7)(b), 611B(3)(b) and 611J(3)(b)\n\n643  Paragraph 611N(3)(b)\n\n644  Paragraph 634(3)(b)\n\n645  Subparagraphs 685(3)(b)(ii), 686(5)(b)(ii), 687(7)(b)(ii), 688(5)(b)(ii), 688A(5)(b)(ii), 688B(5)(b)(ii), 688C(5)(b)(ii), 695L(3)(b)(ii) and 695M(7)(b)(ii)\n\nOmbudsman Act 1976\n\n","sortOrder":399},{"sectionNumber":"646","sectionType":"section","heading":"Subsection 3(1)","content":"646  Subsection 3(1)\n\nchief executive officer, in relation to a court or tribunal, means the person holding the office, or performing the duties, of:\n\n (a) in relation to the High Court—the Chief Executive and Principal Registrar of the Court; or\n\n (b) in relation to the Federal Court of Australia—the Chief Executive Officer and Principal Registrar of the Court; or\n\n (c) in relation to the Federal Circuit and Family Court of Australia (Division 1)—the Chief Executive Officer and Principal Registrar of the Federal Circuit and Family Court of Australia (Division 1); or\n\n (d) in relation to the Federal Circuit and Family Court of Australia (Division 2)—the Chief Executive Officer and Principal Registrar of the Federal Circuit and Family Court of Australia (Division 1); or\n\n (e) in relation to the Administrative Appeals Tribunal—the Registrar of the Tribunal; or\n\n (f) in relation to a court or tribunal declared by the regulations—the office declared by those regulations to be the office of the chief executive officer of the court or tribunal for the purposes of this Act; or\n\n (g) an office prescribed by the regulations in lieu of an office referred to in paragraph (a), (b), (c), (d) or (e).\n\n","sortOrder":400},{"sectionNumber":"647","sectionType":"section","heading":"Subsection 3(1) (definition of chief executive officer of a court or tribunal)","content":"647  Subsection 3(1) (definition of chief executive officer of a court or tribunal)\n\n","sortOrder":401},{"sectionNumber":"648","sectionType":"section","heading":"Subsection 3(1) (paragraph (bb) of the definition of prescribed authority)","content":"648  Subsection 3(1) (paragraph (bb) of the definition of prescribed authority)\n\n (bb) a chief executive officer, in relation to a court or tribunal; or\n\n","sortOrder":402},{"sectionNumber":"649","sectionType":"section","heading":"Subsection 3(1) (subparagraph (c)(i) of the definition of prescribed authority)","content":"649  Subsection 3(1) (subparagraph (c)(i) of the definition of prescribed authority)\n\n (i) the chief executive officer, in relation to a court or tribunal, or a person who, for the purposes of this Act, is to be taken to be a member of the staff of a court or tribunal; or\n\n","sortOrder":403},{"sectionNumber":"650","sectionType":"section","heading":"Paragraph 3(14)(a)","content":"650  Paragraph 3(14)(a)\n\n (a) the officers of a court or tribunal (other than the chief executive officer); and\n\n","sortOrder":404},{"sectionNumber":"651","sectionType":"section","heading":"Subsection 3(14)","content":"651  Subsection 3(14)\n\nOmit “are to be taken to be members of the staff of the chief executive officer of the court or tribunal”, substitute “are to be taken to be members of the staff of the court or tribunal”.\n\n","sortOrder":405},{"sectionNumber":"652","sectionType":"section","heading":"Paragraph 3(16)(a)","content":"652  Paragraph 3(16)(a)\n\n (a) a chief executive officer, in relation to a court or tribunal; or\n\n","sortOrder":406},{"sectionNumber":"653","sectionType":"section","heading":"Paragraph 3(18)(a)","content":"653  Paragraph 3(18)(a)\n\n (a) in the case of the chief executive officer, in relation to a court, the reference is to be read as a reference to the chief justice or chief judge (however described) of the court;\n\n","sortOrder":407},{"sectionNumber":"654","sectionType":"section","heading":"Paragraph 3(18)(c)","content":"654  Paragraph 3(18)(c)\n\nOmit “chief executive officer of a tribunal other than the Administrative Appeals Tribunal”, substitute “chief executive officer, in relation to a tribunal (other than the Administrative Appeals Tribunal)”.\n\n","sortOrder":408},{"sectionNumber":"655","sectionType":"section","heading":"Paragraph 5(2)(ba)","content":"655  Paragraph 5(2)(ba)\n\nOmit “chief executive officer of a court or by a person who, for the purposes of this Act, is to be taken to be a member of the staff of the chief executive officer of a court”, substitute “chief executive officer, in relation to a court, or by a person who, for the purposes of this Act, is to be taken to be a member of the staff of a court”.\n\n","sortOrder":409},{"sectionNumber":"656","sectionType":"section","heading":"Subsection 16(5)","content":"656  Subsection 16(5)\n\nOmit “chief executive officer of a court or tribunal”, substitute “chief executive officer, in relation to a court or tribunal”.\n\n","sortOrder":410},{"sectionNumber":"657","sectionType":"section","heading":"Paragraph 16(5)(a)","content":"657  Paragraph 16(5)(a)\n\nOmit “chief executive officer of a court”, substitute “chief executive officer, in relation to a court”.\n\n","sortOrder":411},{"sectionNumber":"658","sectionType":"section","heading":"Paragraph 16(5)(c)","content":"658  Paragraph 16(5)(c)\n\nOmit “chief executive officer of a tribunal other than the Administrative Appeals Tribunal”, substitute “chief executive officer, in relation to a tribunal (other than the Administrative Appeals Tribunal)”.\n\nOzone Protection and Synthetic Greenhouse Gas Management Act 1989\n\n","sortOrder":412},{"sectionNumber":"659","sectionType":"section","heading":"Section 7 (paragraph (b) of the definition of designated court)","content":"659  Section 7 (paragraph (b) of the definition of designated court)\n\n","sortOrder":413},{"sectionNumber":"660","sectionType":"section","heading":"Section 7 (definition of Federal Circuit Court)","content":"660  Section 7 (definition of Federal Circuit Court)\n\nPaid Parental Leave Act 2010\n\n661  Section 6 (definition of Federal Circuit Court)\n\n662  Paragraph 147(3)(b)\n\n663  Subsection 156(5)\n\n664  Subsection 200D(1) (note)\n\n665  Subsection 200N(1)\n\n666  Section 297\n\nDivision 3 confers jurisdiction on the Federal Court and the Federal Circuit Court.\n\nDivision 3 confers jurisdiction on the Federal Court and the Federal Circuit and Family Court of Australia (Division 2).\n\n667  Section 301 (heading)\n\n668  Section 301\n\nParliamentary Business Resources Act 2017\n\n","sortOrder":414},{"sectionNumber":"669","sectionType":"section","heading":"Section 5 (paragraph (b) of the definition of relevant court)","content":"669  Section 5 (paragraph (b) of the definition of relevant court)\n\nPersonal Property Securities Act 2009\n\n","sortOrder":415},{"sectionNumber":"670","sectionType":"section","heading":"Section 10","content":"670  Section 10\n\n (b) definition of Federal Circuit Court.\n\n","sortOrder":416},{"sectionNumber":"671","sectionType":"section","heading":"Section 205","content":"671  Section 205\n\nJurisdiction is conferred on the Federal Court, the Federal Circuit Court, courts of States and Territories and the Family Court. PPS matters can be transferred between courts in accordance with procedures set out in this Part.\n\nJurisdiction is conferred on the Federal Court, the Federal Circuit and Family Court of Australia (Division 1), the Federal Circuit and Family Court of Australia (Division 2) and courts of States and Territories. PPS matters can be transferred between courts in accordance with procedures set out in this Part.\n\n","sortOrder":417},{"sectionNumber":"672","sectionType":"section","heading":"Paragraph 206(1)(b)","content":"672  Paragraph 206(1)(b)\n\n","sortOrder":418},{"sectionNumber":"673","sectionType":"section","heading":"Section 207 (after table item 1)","content":"673  Section 207 (after table item 1)\n\n| 1A | The Federal Circuit and Family Court of Australia (Division 1) | No specified limits. |\n\n674  Section 207 (cell at table item 2, column headed “Court on which jurisdiction is conferred”)\n\n675  Section 207 (table item 4)\n\n676  Section 208 (table)\n\nRepeal the table, substitute:\n\n \n\n- Cross‑jurisdictional appeals\n- Item Unless expressly provided by a law of the Commonwealth, a State or a Territory, an appeal with respect to a PPS matter does not lie from a decision of ... to any of the following courts:\n- 1 the Federal Court (a) the Federal Circuit and Family Court of Australia (Division 1);(b) the Federal Circuit and Family Court of Australia (Division 2);(c) a court of a State;(d) a court of a Territory.\n- 2 the Federal Circuit and Family Court of Australia (Division 1) (a) the Federal Court;(b) the Federal Circuit and Family Court of Australia (Division 2);(c) a court of a State;(d) a court of a Territory.\n- 3 the Federal Circuit and Family Court of Australia (Division 2) (a) a court of a State;(b) a court of a Territory.\n- 4 a court of a State (other than a State Family Court) (a) the Federal Court;(b) the Federal Circuit and Family Court of Australia (Division 1);(c) the Federal Circuit and Family Court of Australia (Division 2);(d) a court of another State;(e) a court of a Territory;(f) a State Family Court of the same State.\n- 5 a court of the Australian Capital Territory (a) the Federal Court;(b) the Federal Circuit and Family Court of Australia (Division 1);(c) the Federal Circuit and Family Court of Australia (Division 2);(d) a court of a State;(e) a court of another Territory.\n- 6 a court of the Northern Territory (a) the Federal Court;(b) the Federal Circuit and Family Court of Australia (Division 1);(c) the Federal Circuit and Family Court of Australia (Division 2);(d) a court of a State;(e) a court of another Territory.\n- 7 a court of an external Territory (a) the Federal Circuit and Family Court of Australia (Division 1);(b) Federal Circuit and Family Court of Australia (Division 2);(c) a court of a State;(d) a court of another Territory (whether internal or external).\n- 8 a State Family Court (a) the Federal Court;(b) the Federal Circuit and Family Court of Australia (Division 2);(c) the Supreme Court of the same State;(d) a court of another State;(e) a court of a Territory.\n\n","sortOrder":419},{"sectionNumber":"677","sectionType":"section","heading":"Subsection 210(2) (table)","content":"677  Subsection 210(2) (table)\n\nRepeal the table, substitute:\n\n \n\n- Transfers to which other legislation applies\n- Item Transferring court Receiving court\n- 1 The Federal Court The Federal Court\n- 2 The Federal Court The Federal Circuit and Family Court of Australia (Division 2)\n- 3 The Federal Circuit and Family Court of Australia (Division 1) The Federal Circuit and Family Court of Australia (Division 2)\n- 4 The Federal Circuit and Family Court of Australia (Division 2) The Federal Court or the Federal Circuit and Family Court of Australia (Division 1)\n\n","sortOrder":420},{"sectionNumber":"678","sectionType":"section","heading":"Subsection 210(2) (note 1)","content":"678  Subsection 210(2) (note 1)\n\n","sortOrder":421},{"sectionNumber":"679","sectionType":"section","heading":"Subsection 210(2) (note 2)","content":"679  Subsection 210(2) (note 2)\n\nNote 2: Transfers mentioned in the table are covered by other legislation as follows:\n\n(a) for a transfer mentioned in item 1—section 32AC of the Federal Court of Australia Act 1976;\n\n(b) for a transfer mentioned in item 2—section 32AB of the Federal Court of Australia Act 1976;\n\n(c) for a transfer mentioned in item 3—section 52 of the Federal Circuit and Family Court of Australia Act 2021;\n\n(d) for a transfer mentioned in item 4—sections 149 and 153 of the Federal Circuit and Family Court of Australia Act 2021.\n\n680  Subsection 211(3) (paragraph (a) of the definition of lower court)\n\n681  Subsection 211(3) (paragraph (a) of the definition of relevant superior court)\n\n682  Subsection 211(3) (after paragraph (a) of the definition of superior court)\n\n (aa) the Federal Circuit and Family Court of Australia (Division 1); or\n\n","sortOrder":422},{"sectionNumber":"683","sectionType":"section","heading":"Subsection 211(3) (paragraph (c) of the definition of superior court)","content":"683  Subsection 211(3) (paragraph (c) of the definition of superior court)\n\n","sortOrder":423},{"sectionNumber":"684","sectionType":"section","heading":"Paragraphs 221(3)(b) and 222(3)(b)","content":"684  Paragraphs 221(3)(b) and 222(3)(b)\n\nPetroleum and Other Fuels Reporting Act 2017\n\n685  Subparagraphs 33(2)(f)(ii) and 35(2)(b)(ii)\n\n686  Subsection 3(1) (definition of Federal Circuit Court)\n\n687  Paragraphs 39(5)(b) and 50(7)(b)\n\n688  Subsections 54(1) and 55(1)\n\n689  Subsection 56(1) (note)\n\nNote 1: A matter may also be transferred to the Federal Court from the Federal Circuit and Family Court of Australia (Division 2): see section 153 of the Federal Circuit and Family Court of Australia Act 2021.\n\nNote 2: A matter may also be transferred from the Federal Circuit and Family Court of Australia (Division 2) by the Federal Court: see section 32AC of the Federal Court of Australia Act 1976.\n\n690  Paragraph 56(2)(a)\n\n691  Section 56A (heading)\n\n692  Subsections 56A(1), (3), (3A) and (4)\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n","sortOrder":424},{"sectionNumber":"693","sectionType":"section","heading":"Subsection 56A(5)","content":"693  Subsection 56A(5)\n\n (5) Subsection (4) does not limit the power of the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2) to make Rules of Court under Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021 that are consistent with the regulations referred to in that subsection.\n\n694  Subsections 57A(1) and (2)\n\n695  Section 57B\n\n696  Section 72\n\nPrivacy Act 1988\n\n697  Subsection 6(1) (definition of Federal Circuit Court)\n\n698  Section 19\n\nDivision 7 provides for compensation orders, and other orders, to be made by the Federal Court or Federal Circuit Court.\n\nDivision 7 provides for compensation orders, and other orders, to be made by the Federal Court or Federal Circuit and Family Court of Australia (Division 2).\n\n699  Subsections 25(1) and 25A(2)\n\n700  Section 55A (heading)\n\n701  Subsections 55A(1) and 62(1) and (2)\n\n702  Paragraphs 63(2)(a) and (b)\n\n703  Paragraphs 80U(3)(b), 80V(3)(b) and 80W(3)(b)\n\nProceeds of Crime Act 2002\n\n","sortOrder":425},{"sectionNumber":"704","sectionType":"section","heading":"Subparagraphs 315B(2)(a)(v) and (b)(v)","content":"704  Subparagraphs 315B(2)(a)(v) and (b)(v)\n\nProduct Emissions Standards Act 2017\n\n","sortOrder":426},{"sectionNumber":"705","sectionType":"section","heading":"Subparagraphs 24(3)(f)(ii), 25(2)(f)(ii), 26(2)(b)(ii), 28(2)(b)(ii) and 29(2)(b)(ii)","content":"705  Subparagraphs 24(3)(f)(ii), 25(2)(f)(ii), 26(2)(b)(ii), 28(2)(b)(ii) and 29(2)(b)(ii)\n\n","sortOrder":427},{"sectionNumber":"706","sectionType":"section","heading":"Paragraphs 35(2)(b) and 37(1)(b)","content":"706  Paragraphs 35(2)(b) and 37(1)(b)\n\nProduct Stewardship Act 2011\n\n","sortOrder":428},{"sectionNumber":"707","sectionType":"section","heading":"Section 6 (paragraph (b) of the definition of issuing officer)","content":"707  Section 6 (paragraph (b) of the definition of issuing officer)\n\n","sortOrder":429},{"sectionNumber":"708","sectionType":"section","heading":"Section 87 (heading)","content":"708  Section 87 (heading)\n\nOmit “Federal Circuit Court Judges”, substitute “Judges of the Federal Circuit and Family Court of Australia (Division 2)”.\n\n","sortOrder":430},{"sectionNumber":"709","sectionType":"section","heading":"Subsections 87(1) and (2) and 88(2)","content":"709  Subsections 87(1) and (2) and 88(2)\n\nPublic Interest Disclosure Act 2013\n\n","sortOrder":431},{"sectionNumber":"710","sectionType":"section","heading":"Section 8 (definition of Federal Circuit Court)","content":"710  Section 8 (definition of Federal Circuit Court)\n\n","sortOrder":432},{"sectionNumber":"711","sectionType":"section","heading":"Section 9","content":"711  Section 9\n\nThe Federal Court or Federal Circuit Court may make orders for civil remedies (including compensation, injunctions and reinstatement of employment) if a reprisal is taken against a person because of a public interest disclosure (including a proposed or a suspected public interest disclosure).\n\nThe Federal Court or Federal Circuit and Family Court of Australia (Division 2) may make orders for civil remedies (including compensation, injunctions and reinstatement of employment) if a reprisal is taken against a person because of a public interest disclosure (including a proposed or a suspected public interest disclosure).\n\n","sortOrder":433},{"sectionNumber":"712","sectionType":"section","heading":"Sections 14, 15, 16 and 17","content":"712  Sections 14, 15, 16 and 17\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2).\n\n","sortOrder":434},{"sectionNumber":"713","sectionType":"section","heading":"Subsection 22A(1)","content":"713  Subsection 22A(1)\n\n","sortOrder":435},{"sectionNumber":"714","sectionType":"section","heading":"Paragraphs 73(2)(b) to (ca)","content":"714  Paragraphs 73(2)(b) to (ca)\n\n (b) the Chief Executive Officer and Principal Registrar of the Federal Court is the chief executive officer of the Federal Court; and\n\n (c) the Chief Executive Officer and Principal Registrar of the Federal Circuit and Family Court of Australia is the chief executive officer of the following courts:\n\n (i) the Federal Circuit and Family Court of Australia (Division 1);\n\n (ii) the Federal Circuit and Family Court of Australia (Division 2); and\n\nRegulatory Powers (Standard Provisions) Act 2014\n\n","sortOrder":436},{"sectionNumber":"715","sectionType":"section","heading":"Section 4 (paragraph (c) of the definition of judicial officer)","content":"715  Section 4 (paragraph (c) of the definition of judicial officer)\n\nRemuneration and Allowances Act 1990\n\n","sortOrder":437},{"sectionNumber":"716","sectionType":"section","heading":"Part 2 of Schedule 1 (cell at table item dealing with Chief Justice of the Family Court, column headed “Office”)","content":"716  Part 2 of Schedule 1 (cell at table item dealing with Chief Justice of the Family Court, column headed “Office”)\n\n| Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) |\n\n","sortOrder":438},{"sectionNumber":"717","sectionType":"section","heading":"Part 2 of Schedule 1 (cell at table item dealing with Deputy Chief Justice of the Family Court, column headed “Office”)","content":"717  Part 2 of Schedule 1 (cell at table item dealing with Deputy Chief Justice of the Family Court, column headed “Office”)\n\n| Deputy Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) |\n\n","sortOrder":439},{"sectionNumber":"718","sectionType":"section","heading":"Part 2 of Schedule 1 (table item dealing with Judge assigned to the Appeal Division of the Family Court)","content":"718  Part 2 of Schedule 1 (table item dealing with Judge assigned to the Appeal Division of the Family Court)\n\n","sortOrder":440},{"sectionNumber":"719","sectionType":"section","heading":"Part 2 of Schedule 1 (cell at table item dealing with Senior Judge of the Family Court, column headed “Office”)","content":"719  Part 2 of Schedule 1 (cell at table item dealing with Senior Judge of the Family Court, column headed “Office”)\n\n| Senior Judge of the Federal Circuit and Family Court of Australia (Division 1) |\n\n","sortOrder":441},{"sectionNumber":"720","sectionType":"section","heading":"Part 2 of Schedule 1 (cell at table item dealing with Any other Judge of the Family Court, column headed “Office”)","content":"720  Part 2 of Schedule 1 (cell at table item dealing with Any other Judge of the Family Court, column headed “Office”)\n\n| Any other Judge of the Federal Circuit and Family Court of Australia (Division 1) |\n\n","sortOrder":442},{"sectionNumber":"721","sectionType":"section","heading":"Part 4 of Schedule 1 (table item dealing with Judicial Registrar of the Family Court of Australia)","content":"721  Part 4 of Schedule 1 (table item dealing with Judicial Registrar of the Family Court of Australia)\n\nRenewable Energy (Electricity) Act 2000\n\n","sortOrder":443},{"sectionNumber":"722","sectionType":"section","heading":"Subsection 5(1) (definition of Federal Circuit Court)","content":"722  Subsection 5(1) (definition of Federal Circuit Court)\n\n","sortOrder":444},{"sectionNumber":"723","sectionType":"section","heading":"Subsection 154A(1) (paragraph (b) of the definition of Court)","content":"723  Subsection 154A(1) (paragraph (b) of the definition of Court)\n\nResale Royalty Right for Visual Artists Act 2009\n\n724  Section 3 (definition of Federal Circuit Court)\n\n725  Subsection 39(1)\n\n726  Sections 43 and 44\n\n727  Section 51 (heading)\n\n728  Section 51\n\nRoad Vehicle Standards Act 2018\n\n729  Subsection 5(1) (definition of Federal Circuit Court)\n\n730  Subsection 5(1) (paragraph (b) of the definition of relevant court)\n\n731  Subparagraphs 50(4)(c)(iii) and 52(3)(c)(iii)\n\nSecurity of Critical Infrastructure Act 2018\n\n","sortOrder":445},{"sectionNumber":"732","sectionType":"section","heading":"Paragraph 49(4)(b)","content":"732  Paragraph 49(4)(b)\n\nShipping Registration Act 1981\n\n","sortOrder":446},{"sectionNumber":"733","sectionType":"section","heading":"Subsection 3(1) (paragraph (b) of the definition of relevant court)","content":"733  Subsection 3(1) (paragraph (b) of the definition of relevant court)\n\n","sortOrder":447},{"sectionNumber":"734","sectionType":"section","heading":"Subsection 61BZD(1) (cell at table item 2, column headed “Court on which civil jurisdiction is conferred”)","content":"734  Subsection 61BZD(1) (cell at table item 2, column headed “Court on which civil jurisdiction is conferred”)\n\nSocial Security Act 1991\n\n","sortOrder":448},{"sectionNumber":"735","sectionType":"section","heading":"Paragraphs 553A(4)(d), 596(4)(d), 660XBE(4)(d), 729AA(4)(d), 759(4)(d) and 771HB(4)(d)","content":"735  Paragraphs 553A(4)(d), 596(4)(d), 660XBE(4)(d), 729AA(4)(d), 759(4)(d) and 771HB(4)(d)\n\n (d) the Federal Circuit and Family Court of Australia (Division 2);\n\n","sortOrder":449},{"sectionNumber":"736","sectionType":"section","heading":"Subsection 1243(1) (note)","content":"736  Subsection 1243(1) (note)\n\n","sortOrder":450},{"sectionNumber":"737","sectionType":"section","heading":"Subsection 1252(1)","content":"737  Subsection 1252(1)\n\nSpace (Launches and Returns) Act 2018\n\n738  Section 8 (definition of Federal Circuit Court)\n\n739  Subsection 59(8)\n\n740  Section 72 (heading)\n\n741  Section 72\n\n742  Section 75F (heading)\n\n743  Section 75F\n\n744  Paragraph 81(3)(b)\n\n745  Subsection 107(2)\n\nStronger Futures in the Northern Territory Act 2012\n\n","sortOrder":451},{"sectionNumber":"746","sectionType":"section","heading":"Section 5 (paragraph (b) of the definition of relevant court)","content":"746  Section 5 (paragraph (b) of the definition of relevant court)\n\n","sortOrder":452},{"sectionNumber":"747","sectionType":"section","heading":"Subsection 103(1) (cell at table item 2, column headed “Court on which civil jurisdiction is conferred”)","content":"747  Subsection 103(1) (cell at table item 2, column headed “Court on which civil jurisdiction is conferred”)\n\nStudent Assistance Act 1973\n\n","sortOrder":453},{"sectionNumber":"748","sectionType":"section","heading":"Subsection 43K(1) (note)","content":"748  Subsection 43K(1) (note)\n\n","sortOrder":454},{"sectionNumber":"749","sectionType":"section","heading":"Subsection 43U(1)","content":"749  Subsection 43U(1)\n\nTaxation Administration Act 1953\n\n","sortOrder":455},{"sectionNumber":"750","sectionType":"section","heading":"Section 14ZQ","content":"750  Section 14ZQ\n\n (b) definition of Family Court Judge.\n\n751  Section 14ZZS (heading)\n\n752  Subsection 14ZZS(1)\n\n753  Subsection 14ZZS(2)\n\n754  Paragraphs 14ZZS(2)(a), (b), (c), (d) and (e)\n\n755  Subparagraph 14ZZS(2)(f)(i)\n\n756  Subparagraphs 14ZZS(2)(f)(ii) and (iii)\n\n757  Subparagraph 14ZZS(2)(f)(iv)\n\n758  Subsections 14ZZS(3) and (4)\n\n759  Section 17A (heading)\n\n760  Subsection 17A(2)\n\nTelecommunications and Other Legislation Amendment (Assistance and Access) Act 2018\n\n","sortOrder":456},{"sectionNumber":"761","sectionType":"section","heading":"Subsection 2(1) (table item 3, column 2)","content":"761  Subsection 2(1) (table item 3, column 2)\n\nOmit “Federal Circuit and Family Court of Australia Act 2018”, substitute “Federal Circuit and Family Court of Australia Act 2021”.\n\n","sortOrder":457},{"sectionNumber":"762","sectionType":"section","heading":"Part 2 of Schedule 1 (heading)","content":"762  Part 2 of Schedule 1 (heading)\n\nOmit “Federal Circuit and Family Court of Australia Act 2018”, substitute “Federal Circuit and Family Court of Australia Act 2021”.\n\nTertiary Education Quality and Standards Agency Act 2011\n\n763  Section 5 (definition of Federal Circuit Court)\n\n764  Section 5 (paragraph (b) of the definition of issuing officer)\n\n765  Section 96 (heading)\n\nOmit “Federal Circuit Court Judges”, substitute “Judges of the Federal Circuit and Family Court of Australia (Division 2)”.\n\n766  Subsections 96(1) and (2) and 97(2)\n\n767  Paragraph 115(1)(b)\n\n768  Section 118\n\n769  Subsection 119(3)\n\n770  Section 121\n\n771  Subsections 126(1) and 127(1) and (2)\n\n772  Sections 128, 129, 130 and 131\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\nTherapeutic Goods Act 1989\n\n","sortOrder":458},{"sectionNumber":"773","sectionType":"section","heading":"Subsection 3(1) (definition of Federal Circuit Court)","content":"773  Subsection 3(1) (definition of Federal Circuit Court)\n\n","sortOrder":459},{"sectionNumber":"774","sectionType":"section","heading":"Section 42YM","content":"774  Section 42YM\n\nThe Secretary can seek injunctions from the Federal Court or Federal Circuit Court to restrain a person from contravening this Act or the regulations, or to compel compliance with this Act or the regulations.\n\nThe Secretary can seek injunctions from the Federal Court or Federal Circuit and Family Court of Australia (Division 2) to restrain a person from contravening this Act or the regulations, or to compel compliance with this Act or the regulations.\n\n","sortOrder":460},{"sectionNumber":"775","sectionType":"section","heading":"Sections 42YN, 42YO, 42YP, 42YQ and 42YR","content":"775  Sections 42YN, 42YO, 42YP, 42YQ and 42YR\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\nTobacco Plain Packaging Act 2011\n\n","sortOrder":461},{"sectionNumber":"776","sectionType":"section","heading":"Paragraphs 52(9)(b) and 85(3)(b)","content":"776  Paragraphs 52(9)(b) and 85(3)(b)\n\nTrade Marks Act 1995\n\n777  Subsection 6(1) (definition of Federal Circuit Court)\n\n778  Sections 35, 56 and 67\n\n779  Subsections 83(2) and 83A(8)\n\n780  Sections 84D and 104\n\n781  Paragraph 190(aa)\n\n (aa) the Federal Circuit and Family Court of Australia (Division 2);\n\n782  Paragraph 191(2)(a)\n\n783  Section 191A (heading)\n\n784  Section 191A\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n","sortOrder":462},{"sectionNumber":"785","sectionType":"section","heading":"Subsection 192(1)","content":"785  Subsection 192(1)\n\n","sortOrder":463},{"sectionNumber":"786","sectionType":"section","heading":"Subsection 194(3)","content":"786  Subsection 194(3)\n\nRepeal the subsection (including the note), substitute:\n\n (3) This section does not apply in relation to a transfer of proceedings between the Federal Court and the Federal Circuit and Family Court of Australia (Division 2).\n\nNote 1: For transfers of proceedings from the Federal Circuit and Family Court of Australia (Division 2) to the Federal Court, see section 153 of the Federal Circuit and Family Court of Australia Act 2021 and section 32AC of the Federal Court of Australia Act 1976.\n\nNote 2: For transfers of proceedings from the Federal Court to the Federal Circuit and Family Court of Australia (Division 2), see section 32AB of the Federal Court of Australia Act 1976.\n\n787  Subsection 195(2)\n\n788  Section 196\n\n789  Section 197 (heading)\n\n790  Section 197\n\nTrans‑Tasman Proceedings Act 2010\n\n","sortOrder":464},{"sectionNumber":"791","sectionType":"section","heading":"Section 4 (paragraph (b) of the definition of superior Australian court)","content":"791  Section 4 (paragraph (b) of the definition of superior Australian court)\n\n (b) the Federal Circuit and Family Court of Australia (Division 1); or\n\n","sortOrder":465},{"sectionNumber":"792","sectionType":"section","heading":"Paragraphs 25(b) and 63(2)(b)","content":"792  Paragraphs 25(b) and 63(2)(b)\n\n (b) the Federal Circuit and Family Court of Australia (Division 1);\n\n","sortOrder":466},{"sectionNumber":"793","sectionType":"section","heading":"Subsection 109(3)","content":"793  Subsection 109(3)\n\nOmit “Family Court of Australia or the Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia”.\n\n","sortOrder":467},{"sectionNumber":"794","sectionType":"section","heading":"At the end of section 109","content":"794  At the end of section 109\n\nAdd:\n\n (5) In this section:\n\nUnderwater Cultural Heritage Act 2018\n\n","sortOrder":468},{"sectionNumber":"795","sectionType":"section","heading":"Subparagraphs 41(3)(f)(ii), 42(2)(f)(ii), 43(2)(b)(ii), 45(2)(b)(ii) and 46(2)(b)(ii)","content":"795  Subparagraphs 41(3)(f)(ii), 42(2)(f)(ii), 43(2)(b)(ii), 45(2)(b)(ii) and 46(2)(b)(ii)\n\nVET Student Loans Act 2016\n\n","sortOrder":469},{"sectionNumber":"796","sectionType":"section","heading":"Section 6 (paragraph (c) of the definition of judicial officer)","content":"796  Section 6 (paragraph (c) of the definition of judicial officer)\n\n","sortOrder":470},{"sectionNumber":"797","sectionType":"section","heading":"Subparagraphs 82(3)(f)(ii), 83(2)(f)(ii), 84(2)(b)(ii), 86(2)(b)(ii) and 87(2)(b)(ii)","content":"797  Subparagraphs 82(3)(f)(ii), 83(2)(f)(ii), 84(2)(b)(ii), 86(2)(b)(ii) and 87(2)(b)(ii)\n\nWater Act 2007\n\n798  Section 138 (paragraph (b) of the definition of Court)\n\n799  Section 139 (heading)\n\n800  Section 139\n\nWater Efficiency Labelling and Standards Act 2005\n\n","sortOrder":471},{"sectionNumber":"801","sectionType":"section","heading":"Section 7 (definition of Federal Circuit Court)","content":"801  Section 7 (definition of Federal Circuit Court)\n\n","sortOrder":472},{"sectionNumber":"802","sectionType":"section","heading":"Section 7 (paragraph (b) of the definition of relevant court)","content":"802  Section 7 (paragraph (b) of the definition of relevant court)\n\nWork Health and Safety Act 2011\n\n","sortOrder":473},{"sectionNumber":"803","sectionType":"section","heading":"Section 4 (paragraph (b) of the definition of court)","content":"803  Section 4 (paragraph (b) of the definition of court)\n\n (b) the Federal Circuit and Family Court of Australia (Division 2); and\n\n804  Paragraph 273A(1)(b)\n\n805  Paragraphs 273A(2)(e), (f) and (g)\n\n806  Subsection 273A(3)\n\nOmit “Federal Circuit Court of Australia in subsection (1) is to be exercised in the Fair Work Division of the Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia (Division 2) in subsection (1) is to be exercised in the Fair Work Division of the Court”.\n\n","sortOrder":474},{"sectionNumber":"807","sectionType":"section","heading":"Paragraph 273A(3)(a)","content":"807  Paragraph 273A(3)(a)\n\nOmit “Federal Circuit Court of Australia”, substitute “Court”.\n\n","sortOrder":475},{"sectionNumber":"808","sectionType":"section","heading":"Paragraph 273A(3)(b)","content":"808  Paragraph 273A(3)(b)\n\nOmit “section 15 of the Federal Circuit Court of Australia Act 1999”, substitute “section 140 of the Federal Circuit and Family Court of Australia Act 2021”.\n\n","sortOrder":476},{"sectionNumber":"809","sectionType":"section","heading":"Paragraph 273A(3)(c)","content":"809  Paragraph 273A(3)(c)\n\nOmit “section 16 of the Federal Circuit Court of Australia Act 1999”, substitute “section 141 of the Federal Circuit and Family Court of Australia Act 2021”.\n\n810  Paragraph 273A(3)(d)\n\n811  Paragraph 273A(3)(e)\n\nSchedule 3—Repeal of the Federal Circuit Court of Australia Act 1999\n\nPart 1—Repeals\n\nFederal Circuit Court of Australia Act 1999\n\n1  The whole of the Act\n\nRepeal the Act.\n\nPart 2—Saving and transitional provisions\n\n2  Definitions\n\nIn this Part:\n\n3  Instrument about Commonwealth tenancy disputes\n\nDespite the repeal of the Federal Circuit Court of Australia Act 1999:\n\n (a) an instrument made under section 10AA of the Federal Circuit Court of Australia Act 1999 and in force immediately before the commencement day continues in force (and may be dealt with) as if it had been made under section 133 of the Federal Circuit and Family Court of Australia Act 2021; and\n\n (b) on and after the commencement day, the instrument is to be known as the Federal Circuit and Family Court of Australia (Division 2) (Commonwealth Tenancy Disputes) Instrument 2015; and\n\n (c) on and after the commencement day, the instrument applies as if:\n\n (i) the reference in section 3 of the instrument to section 10AA of the Federal Circuit Court of Australia Act 1999 were a reference to section 133 of the Federal Circuit and Family Court of Australia Act 2021; and\n\n (ii) the reference in section 4 of the instrument to the Federal Circuit Court of Australia Act 1999 were a reference to the Federal Circuit and Family Court of Australia Act 2021; and\n\n (iii) any reference in the instrument to the Federal Circuit Court of Australia were a reference to the Federal Circuit and Family Court of Australia (Division 2).\n\n4  Authorisation about handling complaints\n\nA written authorisation made under subsection 12(3AB) of the Federal Circuit Court of Australia Act 1999 and in force immediately before the commencement day continues in force (and may be dealt with) as if it had been made under subsection 145(2) of the Federal Circuit and Family Court of Australia Act 2021.\n\n5  Seals and stamps\n\nDespite the repeal of the Federal Circuit Court of Australia Act 1999:\n\n (a) the seal of the Federal Circuit Court of Australia, existing immediately before the commencement day, may be affixed to documents (in accordance with subsection 178(3) of the Federal Circuit and Family Court of Australia Act 2021) until the end of the 12‑month period beginning on the commencement day, as if it were the seal of the Federal Circuit and Family Court of Australia (Division 2); and\n\n (b) a Federal Circuit Court of Australia stamp, existing immediately before the commencement day, may be affixed to documents (in accordance with subsection 179(3) of the Federal Circuit and Family Court of Australia Act 2021) until the end of the 12‑month period beginning on the commencement day, as if it were a stamp of the Federal Circuit and Family Court of Australia (Division 2).\n\n6  Oaths and affirmations\n\nA written authorisation made under subsection 58(2) of the Federal Circuit Court of Australia Act 1999 and in force immediately before the commencement day continues in force (and may be dealt with) as if it had been made under subsection 194(2) of the Federal Circuit and Family Court of Australia Act 2021.\n\n7  Arrangements with other courts\n\nAn arrangement made under subsection 90(1) of the Federal Circuit Court of Australia Act 1999 and in force immediately before the commencement day continues in force (and may be dealt with) as if it had been made under subsection 246(1) of the Federal Circuit and Family Court of Australia Act 2021.\n\n8  Arrangements with agencies or organisations\n\nAn arrangement made under subsection 91(1) of the Federal Circuit Court of Australia Act 1999 and in force immediately before the commencement day continues in force (and may be dealt with) as if it had been made under subsection 247(1) of the Federal Circuit and Family Court of Australia Act 2021.\n\n9  Delegation\n\nAn instrument made under section 117A of the Federal Circuit Court of Australia Act 1999 and in force immediately before the commencement day continues in force (and may be dealt with) as if it had been made under section 275 of the Federal Circuit and Family Court of Australia Act 2021.\n\n10  Determination of other terms and conditions\n\nA determination by the Governor‑General under clause 8 of Schedule 1 to the Federal Circuit Court of Australia Act 1999 and in force immediately before the commencement day continues in force (and may be dealt with) as if it had been made under subsection 119(1) of the Federal Circuit and Family Court of Australia Act 2021.\n\n11  Certification of retired disabled Judges\n\nA certification by the Minister under paragraph 9A(2)(a) of Schedule 1 to the Federal Circuit Court of Australia Act 1999 before the commencement day that a person is a retired disabled Judge has effect, on and after that day, as if it were a certification by the Minister under section 122 of the Federal Circuit and Family Court of Australia Act 2021 that the person is a retired disabled Judge.\n\n12  Right of appeal to the Administrative Appeals Tribunal\n\n(1) Despite the repeal of the Federal Circuit Court of Australia Act 1999, applications may be made to the Administrative Appeals Tribunal for review of:\n\n (a) a refusal, before the commencement day, of the Minister to certify that a Judge is a retired disabled Judge under subclause 9A(2) of Schedule 1 to that Act; or\n\n (b) a refusal, before the commencement day, by the Minister under paragraph 9D(9)(b) of Schedule 1 to that Act to give a direction;\n\nif, on the commencement day, the time for making an application for review of the refusal has not ended.\n\n(2) Despite the repeal of the Federal Circuit Court of Australia Act 1999, applications may be made to the Administrative Appeals Tribunal for review of any of the following decisions:\n\n (a) a decision made, before the commencement day, by the Minister under subclause 9D(6) of Schedule 1 to that Act;\n\n (b) a decision made, before the commencement day, by the Minister under subclause 9D(7) of Schedule 1 to that Act to give a direction;\n\n (c) a decision made, before the commencement day, by the Minister under paragraph 9E(4)(c), subparagraph 9E(5)(b)(ii) or subclause 9E(8) of Schedule 1 to that Act;\n\n (d) a decision made, before the commencement day, by the Minister under subparagraph 9F(1)(b)(ii) or (iii) of Schedule 1 to that Act;\n\nif, on the commencement day, the time for making an application for review of the decision has not ended.\n\nSchedule 4—Contingent amendments\n\nPart 1—Aged Care Legislation Amendment (New Commissioner Functions) Act 2019\n\n1  Subparagraphs 92‑1(4)(e)(ii) and 92‑3(2)(e)(ii)\n\nAged Care Quality and Safety Commission Act 2018\n\n2  Subparagraphs 74B(4)(e)(ii) and 74D(2)(e)(ii)\n\nPart 2—Communications Legislation Amendment (Deregulation and Other Measures) Act 2019\n\nCommunications Legislation Amendment (Deregulation and Other Measures) Act 2019\n\n3  Subparagraph 4(8)(b)(ii) of Schedule 2\n\nPart 3—Fair Work Laws Amendment (Proper Use of Worker Benefits) Act 2021\n\n4  Subsection 539(2) (table item 11A, column 3, paragraph (b))\n\n(b) the Federal Circuit and Family Court of Australia (Division 2)\n\nPart 4—Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020\n\n5  Subsections 35B(1), (2) and (3)\n\n6  Subsections 35B(9) and (12)\n\nOmit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n7  Subsection 47A(2)\n\n (2) Subsection (1) does not apply to:\n\n (a) a decree of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia; or\n\n (b) a decree of the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia made in proceedings in relation to matters arising under Part VIIIC.\n\n8  After section 47B\n\n47BA  Appeals relating to matters arising under Part VIIIC\n\n (1) An appeal lies to the Family Court of Western Australia from:\n\n (a) an interlocutory order of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia; or\n\n (b) a decree of the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia;\n\nexercising original jurisdiction invested by Division 2A of Part V.\n\nNote: Division 2A of Part V invests jurisdiction with respect to matters arising under Part VIIIC (Superannuation interests relating to Western Australian de facto relationships).\n\n (2) An appeal lies to the Court of Appeal established under the Supreme Court Act 1935 (WA) from:\n\n (a) a decree of the Family Court of Western Australia exercising original jurisdiction invested by Division 2A of Part V of this Act or appellate jurisdiction under this Act; or\n\n (b) a decree (other than an interlocutory order) of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia exercising original jurisdiction invested by Division 2A of Part V of this Act.\n\nNote: Division 2A of Part V invests jurisdiction with respect to matters arising under Part VIIIC (Superannuation interests relating to Western Australian de facto relationships).\n\n (3) The Court of Appeal established under the Supreme Court Act 1935 (WA) and the Family Court of Western Australia are each invested with federal jurisdiction with respect to matters arising under Part VIIIC of this Act in respect of which appeals are instituted under this section.\n\n9  Paragraph 90YZH(3)(c)\n\n10  Subsection 123(1)\n\nOmit “in the Family Court and, subject to subsection 69GA(3) and section 90YJ, any other courts”, substitute “, subject to subsection 69GA(3) and section 90YJ, in a court”.\n\n11  Subparagraph 26(1)(d)(i)\n\nAfter “a State”, insert “(other than Western Australia)”.\n\n12  After paragraph 26(1)(d)\n\n (da) a judgment of the Family Court of Western Australia exercising original or appellate jurisdiction under:\n\n (i) the Family Law Act 1975 (other than Part VIIIC); or\n\n (ii) the Child Support (Assessment) Act 1989; or\n\n (iii) the Child Support (Registration and Collection) Act 1988; and\n\n13  Subparagraph 26(1)(f)(i)\n\nAfter “Family Law Act 1975”, insert “(other than Part VIIIC)”.\n\n14  Subsection 26(1) (before note 1)\n\nNote 1A: Paragraph (da) and subparagraph (f)(i)—for appeals relating to matters arising under Part VIIIC of the Family Law Act 1975: see section 47BA of that Act.\n\nPart 5—Interactive Gambling Amendment (National Self‑exclusion Register) Act 2019\n\n15  Subparagraph 61PC(b)(ii)\n\nPart 6—National Sports Tribunal Act 2019\n\nNational Sports Tribunal Act 2019\n\n16  Paragraph 48(5)(b)\n\nPart 7—Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 2019\n\n17  Subparagraph 582A(2)(b)(ii)\n\n18  Subparagraphs 596A(6)(b)(ii) and (7)(g)(ii)\n\nPart 8—Student Identifiers Amendment (Enhanced Student Permissions) Act 2020\n\nStudent Identifiers Act 2014\n\n19  Paragraph 29D(3)(b)\n\nPart 9—Telecommunications Legislation Amendment (Competition and Consumer) Act 2020\n\nTelecommunications Act 1997\n\n20  Section 7 (definition of Federal Circuit Court)\n\nTelecommunications (Consumer Protection and Service Standards) Act 1999\n\n21  Subparagraphs 102E(b)(ii) and 102N(5)(b)(ii)\n\nSchedule 5—Transitional provisions\n\nPart 1—Introduction\n\n1  Definitions\n\nIn this Schedule:\n\nFamily Court of a State means a court to which section 41 of the Family Law Act 1975, as amended by this Act, applies.\n\nFamily Court of Australia means the federal court known, immediately before the commencement day, as the Family Court of Australia.\n\nFederal Circuit and Family Court of Australia has the same meaning as in the new law.\n\nFederal Circuit Court of Australia means the federal court known, immediately before the commencement day, as the Federal Circuit Court of Australia.\n\nFederal Court means the Federal Court of Australia.\n\nFull Court, in relation to the Federal Circuit and Family Court of Australia (Division 1), means 2 or more Judges of the Court.\n\nnew law means the Federal Circuit and Family Court of Australia Act 2021.\n\nPart 2—Continuity of the Family Court of Australia, and Judges and personnel of the Court\n\n2  Change in title of judicial offices\n\nChief Justice\n\n(1) The office of Chief Justice of the Family Court of Australia under the old law is the same office as the office of Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) under the new law.\n\nDeputy Chief Justice\n\n(2) The office of Deputy Chief Justice of the Family Court of Australia under the old law is the same office as the office of Deputy Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) under the new law.\n\nSenior Judges\n\n(3) The office of Senior Judge of the Family Court of Australia under the old law is the same office as the office of Senior Judge of the Federal Circuit and Family Court of Australia (Division 1) under the new law.\n\nJudges\n\n(4) The office of Judge (other than Senior Judge) of the Family Court of Australia under the old law is the same office as the office of Judge of the Federal Circuit and Family Court of Australia (Division 1) under the new law.\n\n(5) In this item:\n\nold law means Part IV of the Family Law Act 1975, as in force immediately before the commencement day.\n\n3  Appointments to judicial offices\n\nChief Justice\n\n(1) The person holding office as the Chief Justice of the Family Court of Australia immediately before the commencement day continues to hold that office under the title of Chief Justice of the Federal Circuit and Family Court of Australia (Division 1).\n\nDeputy Chief Justice\n\n(2) The person holding office as the Deputy Chief Justice of the Family Court of Australia immediately before the commencement day continues to hold that office under the title of Deputy Chief Justice of the Federal Circuit and Family Court of Australia (Division 1).\n\nSenior Judges\n\n(3) A person holding office as a Senior Judge of the Family Court of Australia immediately before the commencement day continues to hold that office under the title of Senior Judge of the Federal Circuit and Family Court of Australia (Division 1).\n\nJudges\n\n(4) A person holding office as a Judge of the Family Court of Australia (other than a Senior Judge) immediately before the commencement day continues to hold that office under the title of Judge of the Federal Circuit and Family Court of Australia (Division 1).\n\nSeniority\n\n(5) Despite the repeal of Part IV of the Family Law Act 1975, section 23 of that Act continues to apply to preserve the seniority of all persons who held office as a Judge (including the Chief Justice, the Deputy Chief Justice or a Senior Judge) of the Family Court of Australia immediately before the commencement day.\n\n4  Chief Executive Officer of the Family Court of Australia\n\n(1) A person who was, immediately before the commencement day, holding office as the Chief Executive Officer and Principal Registrar of the Family Court of Australia, continues to hold that office under the title of the Chief Executive Officer and Principal Registrar of the Federal Circuit and Family Court of Australia (Division 1).\n\n(2) The person holds office, on and after the commencement day:\n\n (a) on the terms and conditions that were applicable to the person immediately before that day; and\n\n (b) for the balance of the person’s term of appointment that remained immediately before that day.\n\n5  Officers and staff of the Family Court of Australia\n\n(1) A person who, immediately before the commencement day, was an officer of the Family Court of Australia, as mentioned in paragraph 38N(1)(b), (c), (d), (e) or (f) of the old law, continues on and after that day as an officer of the Federal Circuit and Family Court of Australia (Division 1).\n\n(2) A person who, immediately before the commencement day, was a member of the staff of the Registries of the Family Court of Australia (as mentioned in subsection 38N(7) of the old law), continues on and after that day as a member of the staff of the Registries of the Federal Circuit and Family Court of Australia (Division 1).\n\nold law means Part IVA of the Family Law Act 1975, as in force immediately before the commencement day.\n\n6  Application of subsection 25B(1) of the Acts Interpretation Act 1901\n\nSubsection 25B(1) of the Acts Interpretation Act 1901 applies as if:\n\n (a) the Family Court of Australia were a body; and\n\n (b) the offices of Chief Justice, Deputy Chief Justice, Senior Judge and Judge were offices.\n\n7  Things done by the Family Court of Australia or Judges of the Court\n\nTo avoid doubt, the amendments made by this Act do not affect the validity of anything done, before the commencement day, by or in relation to:\n\n (a) the Family Court of Australia; or\n\n (b) a Full Court of the Family Court of Australia; or\n\n (c) the Chief Justice, the Deputy Chief Justice, a Senior Judge or a Judge of the Family Court of Australia; or\n\n (d) a Judge of the Family Court of Australia (including the Chief Justice, the Deputy Chief Justice or a Senior Judge) when performing functions, or exercising powers, under an Act in the Judge’s personal capacity.\n\nNote: Paragraph (d)—if a Judge may issue a warrant under an Act and does so, the Judge issues the warrant in the Judge’s personal capacity and not as a member of a court.\n\n8  Things done by, or in relation to, the Chief Executive Officer\n\n(1) If a thing was done by, or in relation to, the Chief Executive Officer of the Family Court of Australia, then the thing is taken, for the purposes of the operation of any law on and after the commencement day, to have been done by, or in relation to, the Chief Executive Officer of the Federal Circuit and Family Court of Australia (Division 1).\n\n(2) The Minister may, in writing, determine that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Chief Executive Officer of the Family Court of Australia.\n\n9  Things done by, or in relation to, a Registrar or Deputy Registrar\n\n(1) If a thing was done by, or in relation to, a Registrar of the Family Court of Australia, then the thing is taken, for the purposes of the operation of any law on and after the commencement day, to have been done by, or in relation to, a Senior Registrar of the Federal Circuit and Family Court of Australia (Division 1).\n\n(2) The Minister may, in writing, determine that subitem (1) does not apply in relation to a specified thing done by, or in relation to, a Registrar of the Family Court of Australia.\n\n(3) If a thing was done by, or in relation to, a Deputy Registrar of the Family Court of Australia, then the thing is taken, for the purposes of the operation of any law on and after the commencement day, to have been done by, or in relation to, a Registrar of the Federal Circuit and Family Court of Australia (Division 1).\n\n(4) The Minister may, in writing, determine that subitem (3) does not apply in relation to a specified thing done by, or in relation to, a Deputy Registrar of the Family Court of Australia.\n\n(5) To avoid doubt, doing a thing includes making an instrument.\n\n(6) A determination under subitem (2) or (4) is not a legislative instrument.\n\n10  Things done by, or in relation to, a Registry Manager\n\n(1) If a thing was done by, or in relation to, the Registry Manager of a Registry of the Family Court of Australia, then the thing is taken, for the purposes of the operation of any law on and after the commencement day, to have been done by, or in relation to, the Registry Manager of a Registry of the Federal Circuit and Family Court of Australia (Division 1).\n\n(2) The Minister may, in writing, determine that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Registry Manager of a Registry of the Family Court of Australia.\n\n11  Things done by, or in relation to, the Marshal or a Deputy Marshal\n\n(1) If a thing was done by, or in relation to, the Marshal or a Deputy Marshal of the Family Court of Australia, then the thing is taken, for the purposes of the operation of any law on and after the commencement day, to have been done by, or in relation to, the Marshal or a Deputy Marshal of the Federal Circuit and Family Court of Australia (Division 1).\n\n(2) The Minister may, in writing, determine that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Marshal or a Deputy Marshal of the Family Court of Australia.\n\n12  Registries\n\nDespite the repeal of Part IV of the Family Law Act 1975, a Registry of the Family Court of Australia, existing immediately before the commencement day, continues in existence on and after that day as a Registry of the Federal Circuit and Family Court of Australia (Division 1).\n\n13  Complaints\n\nIf, in relation to a Judge of the Family Court of Australia:\n\n (a) a complaint is made, on or after the commencement day, about the Judge; and\n\n (b) the circumstances that gave rise to the complaint occurred before the commencement day;\n\nthen:\n\n (c) the Chief Justice may deal with the complaint under section 48 of the new law; and\n\n (d) for the purposes of dealing with the complaint, the reference to the Federal Circuit and Family Court of Australia (Division 1) in subparagraph (b)(ii) of the definition of relevant belief in subsection 48(4) of the new law is taken to include a reference to the Family Court of Australia.\n\nPart 3—Continuity of the Federal Circuit Court of Australia, and Judges and personnel of the Court\n\n14  Change in title of judicial offices\n\n(1) The office of Chief Judge of the Federal Circuit Court of Australia under the old law is the same office as the office of Chief Judge of the Federal Circuit and Family Court of Australia (Division 2) under the new law.\n\n(2) The office of Judge (other than Chief Judge) of the Federal Circuit Court of Australia under the old law is the same office as the office of Judge of the Federal Circuit and Family Court of Australia (Division 2) under the new law.\n\nold law means the Federal Circuit Court of Australia Act 1999, as in force immediately before the commencement day.\n\n15  Appointments to judicial offices\n\nChief Judge\n\n(1) The person holding office as the Chief Judge of the Federal Circuit Court of Australia immediately before the commencement day continues to hold that office under the title of Chief Judge of the Federal Circuit and Family Court of Australia (Division 2).\n\nJudge\n\n(2) A person holding office as a Judge of the Federal Circuit Court of Australia (other than the Chief Judge) immediately before the commencement day continues to hold that office under the title of Judge of the Federal Circuit and Family Court of Australia (Division 2).\n\nAssignment of Judges to locations or registries\n\n(3) Despite the repeal of the Federal Circuit Court of Australia Act 1999, an instrument made under subsection 12(4) of that Act and in force immediately before the commencement day continues in force (and may be dealt with) as if it had been made under subsection 147(1) of the new law.\n\n(4) An approval given under subsection 12(5) of the Federal Circuit Court of Australia Act 1999 in relation to an instrument mentioned in subitem (3), and in force immediately before the commencement day, continues in force (and may be dealt with) as if it had been given under subsection 147(2) of the new law.\n\n16  Officers and staff of the Federal Circuit Court of Australia\n\n(1) A person who, immediately before the commencement day, was an officer of the Federal Circuit Court of Australia, as mentioned in paragraph 99(1)(a), (b), (c), (d), (e) or (f) of the old law, continues on and after that day as an officer of the Federal Circuit and Family Court of Australia (Division 2).\n\n(2) A person who, immediately before the commencement day, was a member of the staff of the Federal Circuit Court of Australia (as mentioned in section 112 of the old law), continues on and after that day as a member of the staff of the Federal Circuit and Family Court of Australia (Division 2).\n\nold law means the Federal Circuit Court of Australia Act 1999, as in force immediately before the commencement day.\n\n17  Application of subsection 25B(1) of the Acts Interpretation Act 1901\n\nSubsection 25B(1) of the Acts Interpretation Act 1901 applies as if:\n\n (a) the Federal Circuit Court of Australia were a body; and\n\n (b) the offices of Chief Judge and Judge were offices.\n\n18  Things done by, or in relation to, the Federal Circuit Court of Australia or Judges of the Court\n\nTo avoid doubt, the repeal of the Federal Circuit Court of Australia Act 1999, and any other amendment made by this Act, does not affect the validity of anything done, before the commencement day, by or in relation to:\n\n (a) the Federal Circuit Court of Australia; or\n\n (b) the Chief Judge or a Judge of the Federal Circuit Court of Australia; or\n\n (c) a Judge of the Federal Circuit Court of Australia as a Federal Magistrate; or\n\n (d) a Judge of the Federal Circuit Court of Australia (including the Chief Judge) when performing functions, or exercising powers, under an Act in the Judge’s personal capacity.\n\nNote: Paragraph (d)—if a Judge may issue a warrant under an Act and does so, the Judge issues the warrant in the Judge’s personal capacity and not as a member of a court.\n\n19  Things done by, or in relation to, the Chief Executive Officer\n\n(1) If a thing was done by, or in relation to, the Chief Executive Officer of the Federal Circuit Court of Australia, then, despite the repeal of the Federal Circuit Court of Australia Act 1999, the thing is taken, for the purposes of the operation of any law on and after the commencement day, to have been done by, or in relation to, the Chief Executive Officer of the Federal Circuit and Family Court of Australia (Division 1).\n\n(2) The Minister may, in writing, determine that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Chief Executive Officer of the Federal Circuit Court of Australia.\n\n20  Things done by, or in relation to, a Registrar\n\n(1) If a thing was done by, or in relation to, a Registrar of the Federal Circuit Court of Australia, then, despite the repeal of the Federal Circuit Court of Australia Act 1999, the thing is taken, for the purposes of the operation of any law on and after the commencement day, to have been done by, or in relation to, a Registrar of the Federal Circuit and Family Court of Australia (Division 2).\n\n(2) The Minister may, in writing, determine that subitem (1) does not apply in relation to a specified thing done by, or in relation to, a Registrar of the Federal Circuit Court of Australia.\n\n21  Things done by, or in relation to, the Sheriff or a Deputy Sheriff\n\n(1) If a thing was done by, or in relation to, the Sheriff or a Deputy Sheriff of the Federal Circuit Court of Australia, then, despite the repeal of the Federal Circuit Court of Australia Act 1999, the thing is taken, for the purposes of the operation of any law on and after the commencement day, to have been done by, or in relation to, the Sheriff or a Deputy Sheriff of the Federal Circuit and Family Court of Australia (Division 2).\n\n(2) The Minister may, in writing, determine that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Sheriff or a Deputy Sheriff of the Federal Circuit Court of Australia.\n\n22  Things done by, or in relation to, the Marshal or a Deputy Marshal\n\n(1) If a thing was done by, or in relation to, the Marshal or a Deputy Marshal of the Federal Circuit Court of Australia, then, despite the repeal of the Federal Circuit Court of Australia Act 1999, the thing is taken, for the purposes of the operation of any law on and after the commencement day, to have been done by, or in relation to, the Marshal or a Deputy Marshal of the Federal Circuit and Family Court of Australia (Division 2).\n\n(2) The Minister may, in writing, determine that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Marshal or a Deputy Marshal of the Federal Circuit Court of Australia.\n\n23  Registries\n\nDespite the repeal of the Federal Circuit Court of Australia Act 1999, a Registry of the Federal Circuit Court of Australia, existing immediately before the commencement day, continues in existence on and after that day as a Registry of the Federal Circuit and Family Court of Australia (Division 2).\n\n24  Complaints\n\nIf, in relation to a Judge of the Federal Circuit Court of Australia:\n\n (a) a complaint is made, on or after the commencement day, about the Judge; and\n\n (b) the circumstances that gave rise to the complaint occurred before the commencement day;\n\nthen:\n\n (c) the Chief Judge may deal with the complaint under section 145 of the new law; and\n\n (d) for the purposes of dealing with the complaint, the reference to the Federal Circuit and Family Court of Australia (Division 2) in subparagraph (b)(ii) of the definition of relevant belief in subsection 145(4) of the new law is taken to include a reference to the Federal Circuit Court of Australia.\n\nPart 4—Transitional arrangements for appeals\n\nDivision 1—Appeals or applications not made, but time for making appeal or application not expired\n\n25  Appeals to the High Court\n\nIf:\n\n (a) on the day before the commencement day, an application for special leave to appeal could be made under section 95 of the Family Law Act 1975; and\n\n (b) despite the amendments to the Family Law Act 1975 made by this Act, on the commencement day the time for making the application has not ended;\n\nthen, on or after the commencement day, the application may be made to the High Court.\n\n26  Appeals to Federal Circuit and Family Court of Australia (Division 1)\n\n (a) on the day before the commencement day, either:\n\n (i) an appeal could be instituted under Part X of the Family Law Act 1975; or\n\n (ii) an application for leave to appeal could be made under section 94AA of that Act; and\n\n (b) despite the amendments to the Family Law Act 1975 made by this Act, on the commencement day the time for instituting the appeal or making the application has not ended;\n\nthen, on or after the commencement day, the appeal or application may be made to the Federal Circuit and Family Court of Australia (Division 1).\n\n(2) For the purposes of subitem (1), an appeal or application for leave to appeal must be made in accordance with the Rules of Court made under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021.\n\n(3) To avoid doubt, the Federal Circuit and Family Court of Australia (Division 1) is to hear and determine the appeal or application according to:\n\n27  Extensions of time to appeal or seek leave to appeal\n\n(1) Despite the amendments to the Family Law Act 1975 made by this Act, if, on the commencement day, a person could seek an extension of time:\n\n (a) to institute an appeal under the Family Law Act 1975; or\n\n (b) to apply for leave to appeal under that Act;\n\nthen, on or after the commencement day, the person may apply to the Federal Circuit and Family Court of Australia (Division 1) to seek such an extension of time.\n\n(2) To avoid doubt, the Federal Circuit and Family Court of Australia (Division 1) is to hear and determine the application according to:\n\nDivision 2—Matters not substantively heard before the commencement day\n\n28  Matters before a Judge or Full Court of the Family Court of Australia\n\nMatters to be substantively heard by the Federal Circuit and Family Court of Australia (Division 1)\n\n(1) Subject to subitems (3) and (4), if:\n\n (a) before the commencement day, any of the following occur:\n\n (i) an application is made under section 94AA of the Family Law Act 1975 for leave to appeal under Part X of that Act;\n\n (ii) an appeal is instituted, as allowed by Part X of that Act;\n\n (iii) facts and a question of law are stated in the form of a special case for the opinion of a Full Court of the Family Court of Australia; and\n\n (i) there has not been a substantive hearing of the application, appeal or special case by the Full Court of the Family Court of Australia; or\n\n (ii) in the case of an application referred to in subparagraph (a)(i) that could be determined by a single Judge of the Family Court of Australia, there has not been a substantive hearing of the application by a single Judge of the Court;\n\nthen, on or after the commencement day, the Federal Circuit and Family Court of Australia (Division 1) is to hear and determine the application, appeal or special case, as if the application were made to, the appeal instituted in, or the special case stated for, the Federal Circuit and Family Court of Australia (Division 1).\n\n(2) To avoid doubt, the Federal Circuit and Family Court of Australia (Division 1) is to hear and determine the application, appeal or special case according to:\n\nFederal Circuit and Family Court of Australia (Division 1) to deal with certain applications of a procedural nature first\n\n(3) If, on the day before the commencement day, a Full Court of the Family Court of Australia has reserved judgment on an application of a procedural nature (as mentioned in subsection 94(2D) or 94AAA(10) of the Family Law Act 1975) in relation to an application or appeal mentioned in paragraph (1)(a), then, on or after the commencement day, a Full Court of the Federal Circuit and Family Court of Australia (Division 1) must deliver the judgment on the procedural application.\n\nNote: For provisions relating to the constitution of a Full Court, see item 32.\n\n(4) If, on the day before the commencement day, a single Judge of the Family Court of Australia has reserved judgment on an application of a procedural nature (as mentioned in subsection 94(2D) or 94AAA(10) of the Family Law Act 1975) in relation to an application or appeal mentioned in paragraph (1)(a), then, on or after the commencement day, a single Judge of the Federal Circuit and Family Court of Australia (Division 1) must deliver the judgment on the procedural application.\n\nNote: For provisions relating to the unavailability of a Judge, see item 33.\n\n(5) Once judgment has been delivered on the procedural application, as mentioned in subitem (3) or (4), the application or appeal mentioned in paragraph (1)(a) is to be dealt with by the Federal Circuit and Family Court of Australia (Division 1) as required by subitem (1).\n\nFederal Circuit and Family Court of Australia (Division 1) to deal with other applications of a procedural nature\n\n(6) If, on the day before the commencement day:\n\n (a) an application of a procedural nature (as mentioned in subsection 94(2D) or 94AAA(10) of the Family Law Act 1975) exists in relation to an application or appeal mentioned in paragraph (1)(a); and\n\n (b) subitems (3) and (4) do not apply;\n\nthe Federal Circuit and Family Court of Australia (Division 1) must deal with the procedural application before dealing with the application or appeal mentioned in paragraph (1)(a) as required by subitem (1), and for this purpose, subitem (2) applies.\n\nFull Court divided in opinion\n\n(7) If the Judges constituting the Full Court of the Federal Circuit and Family Court of Australia (Division 1) are divided in opinion as to the judgment to be pronounced on an application of a procedural nature:\n\n (a) if there is a majority—judgment is be pronounced according to the opinion of the majority; and\n\n (b) if the Judges are equally divided in opinion:\n\n (i) in the case of an appeal from a judgment of the Family Court of Australia constituted by a single Judge, or of a Family Court of a State or the Supreme Court of a State or Territory—the judgment appealed from is to be affirmed; and\n\n (ii) in any other case—the opinion of the Chief Justice or, if the Chief Justice is not one of the Judges constituting the Full Court, the opinion of the most senior of the Judges constituting the Full Court is to prevail.\n\nJurisdiction to hear applications of a procedural nature\n\n(8) To avoid doubt:\n\n (a) a Full Court of the Federal Circuit and Family Court of Australia (Division 1) has jurisdiction to deal with an application of a procedural nature for the purposes of subitem (3); and\n\n (b) a single Judge of the Federal Circuit and Family Court of Australia (Division 1) has jurisdiction to deal with an application of a procedural nature for the purposes of subitem (4).\n\n29  Appeals from courts of summary jurisdiction\n\nAppeals before a single Judge of the Family Court of Australia\n\n (a) before the commencement day, an appeal is instituted, as allowed by section 96 of the Family Law Act 1975; and\n\n (b) on the day before the commencement day, both:\n\n (i) there has not been a substantive hearing of the appeal by a single Judge of the Family Court of Australia; and\n\n (ii) the appeal has not been referred to the Full Court of the Family Court of Australia under subsection 96(5) of that Act;\n\nthen, on or after the commencement day, a single Judge of the Federal Circuit and Family Court of Australia (Division 1) is to hear and determine the appeal.\n\n(2) To avoid doubt, the Judge of the Federal Circuit and Family Court of Australia (Division 1) is to hear and determine the appeal or application according to:\n\nAppeals before a Full Court of the Family Court of Australia\n\n(3) If:\n\n (a) before the commencement day:\n\n (i) an appeal is instituted, as allowed by section 96 of the Family Law Act 1975; and\n\n (ii) the appeal has been referred to, or an application has been made for referral to, a Full Court of the Family Court of Australia under subsection 96(5) of that Act; and\n\n (b) on the day before the commencement day, there has not been a substantive hearing of the appeal or application by a Full Court of the Family Court of Australia;\n\nthen, despite the referral or application for referral to a Full Court of the Family Court of Australia, on or after the commencement day, a Full Court of the Federal Circuit and Family Court of Australia (Division 1) is to hear and determine the appeal or application.\n\n(4) To avoid doubt, the Full Court of the Federal Circuit and Family Court of Australia (Division 1) is to hear and determine the appeal or application according to:\n\nDivision 3—Matters substantively heard, in whole or in part, before the commencement day\n\n30  Matters before the Full Court of the Family Court of Australia\n\nJudgment to be delivered by the Federal Circuit and Family Court of Australia (Division 1)\n\n (a) before the commencement day, a Full Court of the Family Court of Australia has heard, in whole or in part, any of the following:\n\n (i) an application made under section 94AA of the Family Law Act 1975 for leave to appeal under Part X of that Act;\n\n (ii) an appeal allowed by Part X of that Act;\n\n (iii) an appeal referred under subsection 96(5) of that Act;\n\n (iv) a special case for the opinion of the Full Court; and\n\n (i) a substantive hearing of the application, appeal or special case has not concluded; or\n\n (ii) a substantive hearing of the application, appeal or special case has concluded, but judgment has not been delivered in relation to the application, appeal or special case;\n\nthen, on or after the commencement day, despite the amendments to the Family Law Act 1975 made by this Act, the Federal Circuit and Family Court of Australia (Division 1), constituted as a Full Court, must:\n\n (c) if required, conclude the substantive hearing of the application, appeal or special case; and\n\n (d) deliver the judgment in relation to the application, appeal or special case.\n\nRegard may be had to prior evidence\n\n(2) A Full Court of the Federal Circuit and Family Court of Australia (Division 1) may have regard to any evidence given or received, and arguments adduced, by or before the Full Court of the Family Court of Australia, as constituted before the commencement day.\n\nReasons for decision may be given in short form in certain cases\n\n(3) Except in the case of an appeal referred under subsection 96(5) of the Family Law Act 1975, if, in dismissing an appeal, a Full Court of the Federal Circuit and Family Court of Australia (Division 1) is of the opinion that the appeal does not raise any question of general principle, it may give reasons for its decision in short form.\n\nFull Court divided in opinion\n\n(4) If the Judges constituting a Full Court of the Federal Circuit and Family Court of Australia (Division 1) are divided in opinion as to the judgment to be pronounced:\n\n (a) if there is a majority—judgment is to be pronounced according to the opinion of the majority; and\n\n (b) if the Judges are equally divided in opinion:\n\n (i) in the case of an appeal from a judgment of the Family Court of Australia constituted by a single Judge, or of a Family Court of a State or the Supreme Court of a State or Territory—the judgment appealed from is to be affirmed; and\n\n (ii) in any other case—the opinion of the Chief Justice or, if the Chief Justice is not one of the Judges constituting the Full Court, the opinion of the most senior of the Judges constituting the Full Court is to prevail.\n\nAppellate jurisdiction\n\n(5) To avoid doubt, a Full Court of the Federal Circuit and Family Court of Australia (Division 1) has appellate jurisdiction for the purposes of this item.\n\n31  Matters before a Judge of the Family Court of Australia\n\nJudgment to be delivered by Judge of the Federal Circuit and Family Court of Australia (Division 1)\n\n (a) before the commencement day, a single Judge of the Family Court of Australia has heard, in whole or in part, either of the following:\n\n (i) an application made under section 94AA of the Family Law Act 1975 for leave to appeal under Part X of that Act;\n\n (ii) an appeal allowed by Part X of that Act; and\n\n (i) a substantive hearing of the application or appeal has not concluded; or\n\n (ii) a substantive hearing of the application or appeal has concluded, but judgment has not been delivered in relation to the application or appeal;\n\nthen, on or after the commencement day, despite the amendments to the Family Law Act 1975 made by this Act, the Judge, as a Judge of the Federal Circuit and Family Court of Australia (Division 1), must deliver the judgment in relation to the application or appeal.\n\nNote: For provisions relating to the unavailability of a Judge, see item 33.\n\nReasons for decision may be given in short form in certain cases\n\n(2) Except in the case of an appeal under section 96 of the Family Law Act 1975, if, in dismissing an appeal, a single Judge of the Federal Circuit and Family Court of Australia (Division 1) is of the opinion that the appeal does not raise any question of general principle, the Judge may give reasons for the Judge’s decision in short form.\n\nAppellate jurisdiction\n\n(3) To avoid doubt, a single Judge of the Federal Circuit and Family Court of Australia (Division 1) has appellate jurisdiction for the purposes of this item.\n\nDivision 4—Miscellaneous\n\n32  Constituting a Full Court of the Federal Circuit and Family Court of Australia (Division 1)\n\n(1) For the purposes of subitems 28(3) and 30(1), if:\n\n (a) one or more of the Judges involved in hearing and determining the application, appeal or special case are not available to constitute a Full Court of the Federal Circuit and Family Court of Australia (Division 1); and\n\n (b) the allocation of another Judge is necessary to constitute a Full Court;\n\nthe Chief Justice must allocate another Judge of the Federal Circuit and Family Court of Australia (Division 1) to be a member of the Full Court.\n\n(2) For the purposes of subitems 28(3) and 30(1), if:\n\n (a) one or more of the Judges involved in hearing and determining the application, appeal or special case are not available to constitute a Full Court of the Federal Circuit and Family Court of Australia (Division 1); and\n\n (b) the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) otherwise considers it necessary;\n\nthe Chief Justice may allocate another Judge of the Federal Circuit and Family Court of Australia (Division 1) to be a member of the Full Court.\n\n33  Unavailability of a Judge of the Federal Circuit and Family Court of Australia (Division 1)\n\n(1) For the purposes of subitems 28(4) and 31(1), if the single Judge of the Federal Circuit and Family Court of Australia (Division 1) involved in hearing and determining the application or appeal is not available to deliver judgment in relation to the application or appeal, the Chief Justice must allocate another Judge of the Court to do so.\n\n(2) The Judge of the Federal Circuit and Family Court of Australia (Division 1) so allocated:\n\n (a) may have regard to any evidence given or received, and arguments adduced, by or before the Judge of the Family Court of Australia before the commencement day; and\n\n (b) may receive further evidence or submissions, or hear further argument, if required.\n\n34  Other matters\n\n(1) If an application is made before, on or after the commencement day that relates, or is incidental, to a proceeding mentioned in a preceding item of this Part, then the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) may give any direction necessary to ensure that the application is heard and determined, and judgment is delivered, pending the disposal of the proceeding.\n\n(2) When giving a direction, as allowed by subitem (1), the Chief Justice must consider the workload and resources of the Federal Circuit and Family Court of Australia.\n\n35  Application of case management provisions\n\nDivision 4 of Part 5 of Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021 (Case management) applies in relation to:\n\n (a) a proceeding commenced before the commencement day that will come before the Federal Circuit and Family Court of Australia (Division 1) because of an item of this Part; and\n\n (b) a proceeding commencing on or after the commencement day that comes before the Federal Circuit and Family Court of Australia (Division 1) because of an item of this Part.\n\n","sortOrder":477},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"Part 5—Miscellaneous\n\n36  Prior judicial service\n\nParagraph 123(3)(b) of the Federal Circuit and Family Court of Australia Act 2021 has effect, on and after the commencement day, as if paragraph (c) of the definition of prior judicial service in subsection 7(1) of that Act included a reference to a Federal Magistrate.\n\nNote: The appointment of a Federal Magistrate under the former Federal Magistrates Act 1999 continued as an appointment of a Judge of the Federal Circuit Court of Australia: see subitem 8(1) of Schedule 2 to the Federal Circuit Court of Australia Legislation Amendment Act 2012. See also item 15 of this Schedule.\n\n37  Application\n\nThe Federal Circuit and Family Court of Australia Act 2021, including the following provisions of that Act:\n\n (a) Division 4 of Part 5 of Chapter 3 (Case management);\n\n (b) Division 4 of Part 6 of Chapter 4 (Case management);\n\napplies in relation to a proceeding commenced before, on or after the commencement day.\n\n","sortOrder":478},{"sectionNumber":"38","sectionType":"section","heading":"Transitional rules","content":"38  Transitional rules\n\n(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to:\n\n (a) the amendments or repeals made by this Act; or\n\n (b) the enactment of the Federal Circuit and Family Court of Australia Act 2021.\n\n(2) To avoid doubt, the rules may not do the following:\n\n (a) create an offence or civil penalty;\n\n (b) provide powers of:\n\n (i) arrest or detention; or\n\n (ii) entry, search or seizure;\n\n (c) impose a tax;\n\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act or the Federal Circuit and Family Court of Australia Act 2021;\n\n (e) directly amend the text of this Act or the Federal Circuit and Family Court of Australia Act 2021.\n\n","sortOrder":479},{"sectionNumber":"39","sectionType":"section","heading":"Schedule does not limit certain provisions of the Acts Interpretation Act 1901","content":"39  Schedule does not limit certain provisions of the Acts Interpretation Act 1901\n\nThis Schedule does not limit the operation of section 7 or subsection 25B(1) of the Acts Interpretation Act 1901.\n\n \n\n \n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 5 December 2019\n\nSenate on 2 December 2020]\n\n \n\n(249/19)\n\n \n","sortOrder":480}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.6","source":"moonshot-batch-reanalyse","citationCount":10,"completionTokens":3026},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its stated purpose of dealing with consequential and transitional matters arising from the merger of the Family Court and Federal Circuit Court. Although it amends a vast number of other statutes, every amendment is directly consequential to the creation of the new court structure."},"complexity_factors":["Mechanical amendments to over 100 Commonwealth Acts, substituting references to the Family Court and Federal Circuit Court with Division 1 and Division 2 of the new Federal Circuit and Family Court of Australia","Schedule 4 contains 9 separate Parts with commencement contingent on other legislation, creating interdependent start dates (one Part never commenced)","Schedule 5 includes granular transitional provisions for pending proceedings, appeals, and procedural applications from the former Family Court and Federal Circuit Court","Transitional preservation of judicial appointments, registries, seals, stamps, oaths, authorisations, and delegations under repealed legislation","Modifications to the rule-making powers for Division 1 and Division 2, including a temporary shift from Chief Justice to majority of Judges"],"plain_english_summary":"This Act is the practical “clean-up” law that makes the merger of Australia’s Family Court and Federal Circuit Court legally effective across the entire Commonwealth statute book.\n\n**What it does**\n- **Renames the courts in other laws:** It amends more than 100 other Acts—including the *Family Law Act 1975*, *Federal Court of Australia Act 1976*, *Migration Act 1958*, *Criminal Code*, and *Fair Work Act 2009*—to replace every reference to the old “Family Court of Australia” and “Federal Circuit Court of Australia” with the new **Federal Circuit and Family Court of Australia**. The former Family Court becomes **Division 1** (which mainly hears family law and child support appeals), while the former Federal Circuit Court becomes **Division 2** (which handles original family law, child support, migration, bankruptcy, and general federal law matters).\n- **Repeals the old Federal Circuit Court Act:** It abolishes the *Federal Circuit Court of Australia Act 1999* and transfers its functions into the new court structure.\n- **Keeps things running smoothly:** Detailed transitional rules ensure that existing judges, registrars, court staff, and pending cases move to the new courts automatically. Judges keep their jobs but receive new titles; pending proceedings and appeals continue in the appropriate Division; and existing court arrangements (such as delegations, seals, and registries) remain valid for a transitional period.\n- **Sets up rule-making:** It temporarily changes how Rules of Court are made for Division 1, shifting the power from the Chief Justice acting alone to the Judges collectively (or a majority), before later reverting that arrangement.\n\n**Who it affects**\nAnyone involved in federal litigation—particularly family law, child support, migration, bankruptcy, industrial law, and intellectual property—because it determines which Division of the new court hears their matter and which rules apply."},"flash_summary":{"complexity_score":10,"scope_assessment":{"changed":false,"description":"This Act did not expand the scope of the legislation beyond its original intent. It is purely a consequential and transitional measure to give effect to the merger of the Family Court and the Federal Circuit Court into the Federal Circuit and Family Court of Australia. The Act does not create new rights, obligations, or jurisdiction; it only updates references and ensures continuity of judicial offices, proceedings, and rules. The original purpose was to deal with the administrative and procedural aftermath of the court merger, and this Act remains limited to that."},"complexity_factors":["Massive volume: over 800 individual amendment items across 5 schedules.","Amends or references over 150 different Commonwealth Acts.","Highly conditional commencement provisions (many items commence on 1 September 2021, but some depend on other Acts commencing first; one part never commenced).","Extensive cross-references between this Act, the Federal Circuit and Family Court of Australia Act 2021, and amended Acts.","Contains complex transitional provisions (e.g., Schedule 5 parts dealing with appeals that were partially heard before the commencement date).","Includes contingent amendments (Schedule 4) that only apply if other bills become law.","Defined terms are scattered across multiple divisions and schedules.","Nested saving and application provisions: e.g., Part 2 of Schedule 1 has sub-divisions for different Acts."],"plain_english_summary":"This Act is a large technical bill that changes the names and structure of Australia's federal family law courts. It formally merges the **Family Court of Australia** and the **Federal Circuit Court of Australia** into a single new court called the **Federal Circuit and Family Court of Australia**, which has two divisions:\n\n- **Division 1** (replaces the old Family Court) – handles complex family law matters and appeals.\n- **Division 2** (replaces the old Federal Circuit Court) – handles most general family law and some other federal matters.\n\nThe Act does **not** change the underlying legal rights or obligations of individuals under family law, child support, or other federal laws. Instead, it updates hundreds of references in other Acts (like the *Family Law Act 1975*, *Migration Act 1958*, and *Fair Work Act 2009*) to reflect the new court names and structure. It also includes transition rules to ensure that:\n- Current judges become judges of the new divisions.\n- Ongoing court cases continue without interruption.\n- Existing rules and forms remain valid until new ones are made.\n\n**Who it affects**: The main impact is on the judiciary, court staff, and legal practitioners who need to use the correct new names and understand which division handles which matters. For most people going through family court, the change is largely administrative—they will still have their case heard by a judge, but the court's name will be different.\n\n**Why it matters**: This is a machinery-of-government reform aimed at reducing duplication and improving efficiency by having one unified court structure for federal family law. However, it does not alter the substantive law or change how cases are decided."}},"importantCases":[],"_links":{"self":"/api/acts/federal-circuit-and-family-court-of-australia-consequential-amendments-and-transitional-provisions-a","history":"/api/acts/federal-circuit-and-family-court-of-australia-consequential-amendments-and-transitional-provisions-a/history","analysis":"/api/acts/federal-circuit-and-family-court-of-australia-consequential-amendments-and-transitional-provisions-a/analysis","conflicts":"/api/acts/federal-circuit-and-family-court-of-australia-consequential-amendments-and-transitional-provisions-a/conflicts","importantCases":"/api/acts/federal-circuit-and-family-court-of-australia-consequential-amendments-and-transitional-provisions-a/important-cases","documents":"/api/acts/federal-circuit-and-family-court-of-australia-consequential-amendments-and-transitional-provisions-a/documents"}}