{"id":"C2012A00165","name":"Federal Circuit Court of Australia Legislation Amendment Act 2012","slug":"federal-circuit-court-of-australia-legislation-amendment-act-2012","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"165 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8469,"registerId":"commonwealth-C2012A00165-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Federal Circuit Court of Australia Legislation Amendment Act 2012.","sortOrder":0},{"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```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 November 2012

2. Schedule 1, items 1 to 186

A single day to be fixed by Proclamation.

However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

12 April 2013

(see F2013L00643)

3. Schedule 1, item 187

At the same time as the provision(s) covered by table item 2.

However, the provision(s) do not commence at all if item 6 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 commences at or before the time the provision(s) covered by table item 2 commence.

Does not commence

4. Schedule 1, items 188 to 408

At the same time as the provision(s) covered by table item 2.

12 April 2013

5. Schedule 2

At the same time as the provision(s) covered by table item 2.

12 April 2013

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted.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.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Schedule(s)","content":"#### 3 Schedule(s)\n\n Each Act 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.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Simplified outline","content":"#### 4 Simplified outline\n\n The following is a simplified outline of this Act:\n\n• The federal court known immediately before the commencement day as the Federal Magistrates Court is continued in existence as the Federal Circuit Court of Australia.\n\n• The Federal Circuit Court of Australia consists of a Chief Judge and other Judges.\n\n• Jurisdiction is conferred on the Federal Circuit Court of Australia by other laws of the Commonwealth.\n\n• Jurisdiction is to be exercised in the General Division or the Fair Work Division of the Federal Circuit Court of Australia.\n\n• The Federal Circuit Court of Australia is to promote the use of dispute resolution processes that are likely to assist people to resolve disputes away from the courts.\n\n• Proceedings in the Federal Circuit Court of Australia may be transferred to the Federal Court or the Family Court.\n\n• Provision is made for the practice and procedure of the Federal Circuit Court of Australia. The Court will be able to use streamlined procedures and operate without undue formality.\n\n• The Chief Judge is to manage the administrative affairs of the Federal Circuit Court of Australia.\n\n• There is to be a Chief Executive Officer, who is to assist the Chief Judge in managing the administrative affairs of the Federal Circuit Court of Australia.\n\n• In addition to the Chief Executive Officer, there are to be Registrars and other officers of the Federal Circuit Court of Australia.\n\n• Officers of the Federal Circuit Court of Australia may hold dual appointments as officers of the Federal Court or the Family Court.\n\n• Arrangements may be made for the Federal Circuit Court of Australia to share facilities with other courts.\n\n8 Section 5 (definition of Chief Executive Officer)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n9 Section 5\n\nInsert:\n\n> commencement day means the day on which Schedules 1 and 2 to the Federal Circuit Court of Australia Legislation Amendment Act 2012 commenced.\n\n10 Section 5 (definition of Commonwealth superannuation contribution)\n\nOmit “Federal Magistrate or retired disabled Federal Magistrate”, substitute “Judge or retired disabled Judge”.\n\n11 Section 5 (definition of Commonwealth superannuation contribution)\n\nOmit “Magistrate’s”, substitute “Judge’s”.\n\n12 Section 5 (definition of Division)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n13 Section 5 (definition of Federal Magistrate)\n\nRepeal the definition.\n\n14 Section 5\n\nInsert:\n\n> Judge:\n\n (a) means a Judge (including the Chief Judge) who holds office under this Act; and\n (b) when used in the expression the Federal Circuit Court of Australia or a Judge, means a Judge sitting in Chambers.\n\n15 Section 5 (definition of prior judicial service)\n\nOmit “Federal Magistrate, means service, prior to the Magistrate’s appointment as a Federal Magistrate”, substitute “Judge, means service, prior to the Judge’s appointment as a Judge”.\n\n16 Section 5 (paragraph (c) of the definition of prior judicial service)\n\nOmit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.\n\n17 Section 5 (note at the end of the definition of prior judicial service)\n\nOmit “Magistrate was appointed as a Federal Magistrate”, substitute “Judge was appointed as a Judge”.\n\n18 Section 5 (definition of Registrar)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n19 Section 5 (definition of retired disabled Federal Magistrate)\n\nRepeal the definition.\n\n20 Section 5\n\nInsert:\n\n> retired disabled Judge means a person certified by the Minister to be a retired disabled Judge under paragraph 9A(2)(a) of Schedule 1.\n\n21 Section 5 (definition of retires)\n\nOmit “Federal Magistrate” (wherever occurring), substitute “Judge”.\n\n22 Section 5A\n\nRepeal the section, substitute:","sortOrder":3},{"sectionNumber":"5A","sectionType":"section","heading":"Prior judicial service","content":"#### 5A Prior judicial service\n\n For the purposes of the definition of prior judicial service, if a retired disabled Judge was appointed as a Judge more than once, the reference to the Judge’s appointment as a Judge is taken to be a reference to the Judge’s most recent appointment as a Judge.\n\n23 Part 2 (heading)\n\nRepeal the heading, substitute:","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Federal Circuit Court of Australia","content":"## Part 2—Federal Circuit Court of Australia\n\n24 Section 8 (heading)\n\nRepeal the heading, substitute:","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Federal Circuit Court of Australia","content":"#### 8 Federal Circuit Court of Australia\n\n25 Subsection 8(1)\n\nRepeal the subsection, substitute:\n\n (1) The federal court known immediately before the commencement day as the Federal Magistrates Court is continued in existence as the Federal Circuit Court of Australia.\n\n26 Subsection 8(2)\n\nRepeal the subsection.\n\n27 Subsection 8(3)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n28 Subsection 8(4)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n29 Subsection 8(4)\n\nOmit “justices”.\n\n30 Paragraph 8(4)(a)\n\nOmit “Chief Federal Magistrate”, substitute “Chief Judge”.\n\n31 Paragraph 8(4)(b)\n\nOmit “Federal Magistrates”, substitute “Judges”.\n\n32 At the end of section 8 (before the note)\n\nAdd:\n\n (5) The person holding office as the Chief Federal Magistrate under this Act immediately before the commencement day continues to hold that office under the title of Chief Judge of the Federal Circuit Court of Australia.\n (6) A person holding office as a Federal Magistrate (other than Chief Federal Magistrate) under this Act immediately before the commencement day continues to hold that office under the title of Judge of the Federal Circuit Court of Australia.\n\n33 Section 9 (heading)\n\nRepeal the heading, substitute:","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Personnel provisions relating to Judges","content":"#### 9 Personnel provisions relating to Judges\n\n34 Part 3 (heading)\n\nRepeal the heading, substitute:","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Jurisdiction of the Federal Circuit Court of Australia","content":"## Part 3—Jurisdiction of the Federal Circuit Court of Australia\n\n35 Section 10\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n36 Section 10A (heading)\n\nRepeal the heading, substitute:","sortOrder":8},{"sectionNumber":"10A","sectionType":"section","heading":"General and Fair Work Divisions of the Federal Circuit Court of Australia","content":"#### 10A General and Fair Work Divisions of the Federal Circuit Court of Australia\n\n37 Subsections 10A(1), (2) and (3)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n38 Subsection 10A(3) (note)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n39 Subsection 10A(4)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n40 Subsection 10A(5)\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n41 Section 11 (heading)\n\nRepeal the heading, substitute:","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Exercise of jurisdiction by single Judge","content":"#### 11 Exercise of jurisdiction by single Judge\n\n42 Subsection 11(1)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n43 Subsection 11(1)\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n44 Subsection 11(2)\n\nRepeal the subsection, substitute:\n\n (2) The Federal Circuit Court of Australia constituted by a Judge may sit and exercise the jurisdiction of the Federal Circuit Court of Australia even if the Federal Circuit Court of Australia constituted by another Judge is at the same time sitting and exercising the jurisdiction of the Federal Circuit Court of Australia.\n\n45 Section 12 (heading)\n\nRepeal the heading, substitute:","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Arrangement of business of the Federal Circuit Court of Australia","content":"#### 12 Arrangement of business of the Federal Circuit Court of Australia\n\n46 Subsection 12(1) (heading)\n\nRepeal the heading, substitute:\n\n Responsibility of Chief Judge\n\n47 Subsection 12(1)\n\nOmit “Chief Federal Magistrate”, substitute “Chief Judge”.\n\n48 Subsection 12(1)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n49 Subsection 12(2)\n\nOmit “Chief Federal Magistrate”, substitute “Chief Judge”.\n\n50 Subsection 12(3)\n\nOmit “Chief Federal Magistrate”, substitute “Chief Judge”.\n\n51 Paragraph 12(3)(a)\n\nOmit “with Federal Magistrates”, substitute “with Judges”.\n\n52 Subparagraph 12(3)(a)(i)\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n53 Subparagraph 12(3)(a)(i)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n54 Subparagraph 12(3)(a)(ii)\n\nOmit “Federal Magistrates”, substitute “Judges”.\n\n55 Subparagraph 12(3)(a)(iii)\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n56 Paragraph 12(3)(b)\n\nOmit “Federal Magistrates”, substitute “Judges”.\n\n57 Subsection 12(3A) (heading)\n\nRepeal the heading, substitute:\n\n Exercise of powers of General and Fair Work Divisions of the Federal Circuit Court of Australia\n\n58 Subsection 12(3A)\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n59 Subsection 12(3A)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n60 Subsection 12(3B)\n\nOmit “Chief Federal Magistrate” (first occurring), substitute “Chief Judge”.\n\n61 Subsection 12(3B)\n\nOmit “a Federal Magistrate”, substitute “a Judge”.\n\n62 Subsection 12(3B)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n63 Subsection 12(3B)\n\nOmit “Chief Federal Magistrate” (last occurring), substitute “Chief Judge”.\n\n64 Subsection 12(3C)\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n65 Subsection 12(3C)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n66 Subsection 12(3D)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n67 Subsection 12(4) (heading)\n\nRepeal the heading, substitute:\n\n Assignment of Judges to locations or registries\n\n68 Subsection 12(4)\n\nOmit “Chief Federal Magistrate”, substitute “Chief Judge”.\n\n69 Subsection 12(4)\n\nOmit “particular Federal Magistrate”, substitute “particular Judge”.\n\n70 Subsection 12(6)\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n71 Subsection 12(6A) (heading)\n\nRepeal the heading, substitute:\n\n Protection of the Chief Judge in the exercise of functions or powers\n\n72 Subsection 12(6A)\n\nOmit “Chief Federal Magistrate”, substitute “Chief Judge”.\n\n73 Subsection 12(6A)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n74 Subsection 12(6B)\n\nOmit “Chief Federal Magistrate”, substitute “Chief Judge”.\n\n75 Subsection 12(7) (heading)\n\nRepeal the heading, substitute:\n\n Functions and powers of the Chief Judge\n\n76 Subsection 12(7)\n\nOmit “Chief Federal Magistrate” (wherever occurring), substitute “Chief Judge”.\n\n77 Subsection 12(7)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n78 Subsection 13(2)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n79 Subsection 13(2)\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n80 Subsection 13(3) (heading)\n\nRepeal the heading, substitute:\n\n Judge sitting in Chambers\n\n81 Subsection 13(3)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n82 Subsection 13(3)\n\nOmit “Federal Magistrate” (wherever occurring), substitute “Judge”.\n\n83 Subsection 13(4)\n\nOmit “Federal Magistrates Court” (first occurring), substitute “Federal Circuit Court of Australia”.\n\n84 Subsection 13(4)\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n85 Paragraphs 13(4)(a) and (b)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n86 Subsection 13(5)\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n87 Subsection 13(6)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n88 Subsection 13(6)\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n89 Subsection 13(7)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n90 Sections 14, 15, 16, 17, 17A and 18\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n91 Section 19 (heading)\n\nRepeal the heading, substitute:","sortOrder":11},{"sectionNumber":"19","sectionType":"section","heading":"Proceedings not to be instituted in Federal Circuit Court if associated matter before Federal Court or Family Court","content":"#### 19 Proceedings not to be instituted in Federal Circuit Court if associated matter before Federal Court or Family Court\n\n92 Subsection 19(1)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n93 Paragraph 19(2)(b)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n94 Paragraph 19(3)(a)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n95 Subsection 20(1)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n96 Subsection 20(2) (note)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n97 Section 20A\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n98 Section 20A (note 1)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n99 Section 22 (heading)\n\nRepeal the heading, substitute:","sortOrder":12},{"sectionNumber":"22","sectionType":"section","heading":"Federal Circuit Court of Australia to consider whether to advise people to use dispute resolution processes","content":"#### 22 Federal Circuit Court of Australia to consider whether to advise people to use dispute resolution processes\n\n100 Section 22\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n101 Section 23 (heading)\n\nRepeal the heading, substitute:","sortOrder":13},{"sectionNumber":"23","sectionType":"section","heading":"Federal Circuit Court of Australia to advise people to use dispute resolution processes","content":"#### 23 Federal Circuit Court of Australia to advise people to use dispute resolution processes\n\n102 Subsections 23(1) and (2)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n103 Section 24\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n104 Section 25 (heading)\n\nRepeal the heading, substitute:","sortOrder":14},{"sectionNumber":"25","sectionType":"section","heading":"Duty of officers of the Federal Circuit Court of Australia to advise people about dispute resolution processes","content":"#### 25 Duty of officers of the Federal Circuit Court of Australia to advise people about dispute resolution processes\n\n105 Sections 25, 26, 27, 28, 29 and 30\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n106 Subsection 32(1)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n107 Subsection 32(1)\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n108 Section 33\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n109 Subsection 34(1)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n110 Subsection 34(5)\n\nOmit “Federal Magistrate” (wherever occurring), substitute “Judge”.\n\n111 Subsection 35(1)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n112 Subsection 35(5)\n\nOmit “Federal Magistrate” (wherever occurring), substitute “Judge”.\n\n113 Section 36 (heading)\n\nRepeal the heading, substitute:","sortOrder":15},{"sectionNumber":"36","sectionType":"section","heading":"Power of arbitrator to refer question of law to the Federal Circuit Court of Australia","content":"#### 36 Power of arbitrator to refer question of law to the Federal Circuit Court of Australia\n\n114 Paragraphs 36(1)(a) and (c)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n115 Subsection 36(1)\n\nOmit “apply to the Federal Magistrates Court or a Federal Magistrate for leave to refer the question to the Federal Magistrates Court”, substitute “apply to the Federal Circuit Court of Australia or a Judge for leave to refer the question to the Federal Circuit Court of Australia”.\n\n116 Subsection 36(2)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n117 Subsection 36(2)\n\nOmit “Federal Magistrates Court” (last occurring), substitute “Federal Circuit Court of Australia”.\n\n118 Paragraph 36(3)(a)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n119 Paragraph 36(3)(b)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n120 Subsection 36(3)\n\nOmit “Federal Magistrates Court” (last occurring), substitute “Federal Circuit Court of Australia”.\n\n121 Subsections 37(1), (2) and (3)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n122 Subsection 37(4)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n123 Subsections 38(1), (2) and (3)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n124 Section 39\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n125 Subsections 40(2) and (4)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n126 Subsection 40(5)\n\nOmit “Federal Magistrates” (first occurring), substitute “Judges”.\n\n127 Paragraph 40(5)(b)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n128 Paragraph 40(5)(d)\n\nOmit “Federal Magistrates”, substitute “Judges”.\n\n129 Subsections 40(6) and (7)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n130 Subsections 41(1) to (6)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n131 Paragraph 41(10)(b)\n\nOmit “Legislative Instruments Act 1999”, substitute “Legislative Instruments Act 2003”.\n\n132 Section 42 (heading)\n\nRepeal the heading, substitute:","sortOrder":16},{"sectionNumber":"42","sectionType":"section","heading":"Federal Circuit Court of Australia to operate informally","content":"#### 42 Federal Circuit Court of Australia to operate informally\n\n133 Section 42\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n134 Subsection 43(1)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n135 Paragraphs 43(2)(a) and (b)\n\nOmit “Federal Magistrates Court or a Federal Magistrate, to the practice and procedure of the Federal Magistrates Court in relation to the jurisdiction of the Federal Magistrates Court”, substitute “Federal Circuit Court of Australia or a Judge, to the practice and procedure of the Federal Circuit Court of Australia in relation to the jurisdiction of the Federal Circuit Court of Australia”.\n\n136 Section 44\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n137 Subsection 45(1)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n138 Subsection 45(1)\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n139 Subsection 45(2)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n140 Paragraph 45(2)(b)\n\nOmit “Federal Magistrates Court or the Federal Magistrate”, substitute “Federal Circuit Court of Australia or the Judge”.\n\n141 Division 2 of Part 6 (heading)\n\nRepeal the heading, substitute:","sortOrder":17},{"sectionNumber":"Division 2","sectionType":"division","heading":"Documents filed with the Federal Circuit Court of Australia","content":"### Division 2—Documents filed with the Federal Circuit Court of Australia\n\n142 Section 46 (heading)\n\nRepeal the heading, substitute:","sortOrder":18},{"sectionNumber":"46","sectionType":"section","heading":"Filing of documents in the Federal Circuit Court of Australia","content":"#### 46 Filing of documents in the Federal Circuit Court of Australia\n\n143 Section 46\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n144 Section 47 (heading)\n\nRepeal the heading, substitute:","sortOrder":19},{"sectionNumber":"47","sectionType":"section","heading":"Seal of the Federal Circuit Court of Australia","content":"#### 47 Seal of the Federal Circuit Court of Australia\n\n145 Subsections 47(1) and (2)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n146 Subsection 47(2)\n\nOmit “Chief Federal Magistrate”, substitute “Chief Judge”.\n\n147 Subsection 47(3)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n148 Section 48 (heading)\n\nRepeal the heading, substitute:","sortOrder":20},{"sectionNumber":"48","sectionType":"section","heading":"Federal Circuit Court of Australia stamps","content":"#### 48 Federal Circuit Court of Australia stamps\n\n149 Subsection 48(1)\n\nOmit “Federal Magistrates Court” (first occurring), substitute “Federal Circuit Court of Australia”.\n\n150 Subsection 48(1)\n\nOmit “Federal Magistrates Court stamp”, substitute “Federal Circuit Court of Australia stamp”.\n\n151 Subsection 48(1)\n\nOmit “Federal Magistrates Court” (last occurring), substitute “Federal Circuit Court of Australia”.\n\n152 Subsections 48(2) and (3)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n153 Subsection 49(1)\n\nOmit “Federal Magistrates Court” (first occurring), substitute “Federal Circuit Court of Australia”.\n\n154 Paragraph 49(1)(a)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n155 Paragraph 49(1)(b)\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n156 Subsection 49(3)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n157 Subsection 50(1)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n158 Subsection 51(1)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n159 Subsection 51(1)\n\nOmit “Federal Magistrates Court” (last occurring), substitute “Federal Circuit Court of Australia”.\n\n160 Subsection 52(1)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n161 Subsection 52(2)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n162 Subsection 52(2)\n\nOmit “Federal Magistrates Court” (second occurring), substitute “Federal Circuit Court of Australia”.\n\n163 Subsection 52(2)\n\nOmit “Federal Magistrates Court or Federal Magistrate”, substitute “Federal Circuit Court of Australia or Judge”.\n\n164 Section 53\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n165 Section 54\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n166 Subsection 55(1)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n167 Subsection 55(1)\n\nOmit “Federal Magistrates Court” (last occurring), substitute “Federal Circuit Court of Australia”.\n\n168 Subsection 56(1)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n169 Subsection 56(1)\n\nOmit “Federal Magistrates Court” (last occurring), substitute “Federal Circuit Court of Australia”.\n\n170 Subsection 56(2)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n171 Subsection 56(2)\n\nOmit “Federal Magistrates Court” (last occurring), substitute “Federal Circuit Court of Australia”.\n\n172 Subsection 57(1)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n173 Subsection 57(2)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n174 Subsection 57(2)\n\nOmit “Federal Magistrates Court or Federal Magistrate”, substitute “Federal Circuit Court of Australia or Judge”.\n\n175 Subsection 58(1)\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n176 Subsection 58(1)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n177 Subsection 58(2)\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n178 Subsections 58(2) and (3)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n179 Subsection 59(1)\n\nOmit “Federal Magistrates Court” (first occurring), substitute “Federal Circuit Court of Australia”.\n\n180 Paragraph 59(1)(a)\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n181 Subparagraph 59(1)(f)(i)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n182 Subsections 59(2) and (3)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n183 Section 60\n\nOmit “Federal Magistrates Court or a Federal Magistrate” (first occurring), substitute “Federal Circuit Court of Australia or a Judge”.\n\n184 Paragraph 60(a)\n\nOmit “Federal Magistrates Court, a Federal Magistrate, an officer of the Federal Magistrates Court”, substitute “Federal Circuit Court of Australia, a Judge, an officer of the Federal Circuit Court of Australia”.\n\n185 Section 60\n\nOmit “Federal Magistrates Court or a Federal Magistrate” (second occurring), substitute “Federal Circuit Court of Australia or a Judge”.\n\n186 Paragraph 60(d)\n\nOmit “Federal Magistrates Court or Federal Magistrate”, substitute “Federal Circuit Court of Australia or Judge”.\n\n187 Section 61\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n188 Subsection 62(1)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n189 Subsection 62(1)\n\nOmit “Federal Magistrates Court” (last occurring), substitute “Federal Circuit Court of Australia”.\n\n190 Section 63 (heading)\n\nRepeal the heading, substitute:","sortOrder":21},{"sectionNumber":"63","sectionType":"section","heading":"Federal Circuit Court of Australia may question witnesses","content":"#### 63 Federal Circuit Court of Australia may question witnesses\n\n191 Section 63\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n192 Subsection 64(1)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n193 Subsection 64(2)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n194 Subsections 64(4) and (6)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n195 Section 65\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n196 Subsection 66(1)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n197 Paragraph 66(2)(c)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n198 Subsection 66(3)\n\nOmit “Federal Magistrates Court or the Federal Magistrate” (wherever occurring), substitute “Federal Circuit Court of Australia or the Judge”.\n\n199 Subsection 66(4)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n200 Paragraph 66(4)(b)\n\nOmit “Federal Magistrates Court’s own initiative or on the Federal Magistrate’s own initiative”, substitute “Federal Circuit Court of Australia’s own initiative or on the Judge’s own initiative”.\n\n201 Subsection 67(1)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n202 Subsection 67(1)\n\nOmit “Federal Magistrates Court or the Federal Magistrate”, substitute “Federal Circuit Court of Australia or the Judge”.\n\n203 Subsection 67(2)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n204 Paragraph 67(2)(b)\n\nOmit “Federal Magistrates Court’s own initiative or on the Federal Magistrate’s own initiative”, substitute “Federal Circuit Court of Australia’s own initiative or on the Judge’s own initiative”.\n\n205 Subsection 68(1)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n206 Subsection 68(1)\n\nOmit “Federal Magistrates Court or the Federal Magistrate”, substitute “Federal Circuit Court of Australia or the Judge”.\n\n207 Subsection 68(2)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n208 Paragraph 68(2)(b)\n\nOmit “Federal Magistrates Court’s own initiative or on the Federal Magistrate’s own initiative”, substitute “Federal Circuit Court of Australia’s own initiative or on the Judge’s own initiative”.\n\n209 Subsection 69(1)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n210 Subsection 69(1)\n\nOmit “Federal Magistrates Court or the Federal Magistrate” (wherever occurring), substitute “Federal Circuit Court of Australia or the Judge”.\n\n211 Subsection 69(3)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n212 Subsection 69(3)\n\nOmit “Federal Magistrates Court or the Federal Magistrate” (wherever occurring), substitute “Federal Circuit Court of Australia or the Judge”.\n\n213 Subsection 69(5)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n214 Section 70\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n215 Section 70\n\nOmit “Federal Magistrates Court or the Federal Magistrate” (wherever occurring), substitute “Federal Circuit Court of Australia or the Judge”.\n\n216 Paragraphs 71(a) and (b)\n\nOmit “Federal Magistrates Court or the Federal Magistrate”, substitute “Federal Circuit Court of Australia or the Judge”.\n\n217 Subsection 72(1)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n218 Subsection 72(1)\n\nOmit “Federal Magistrates Court or the Federal Magistrate”, substitute “Federal Circuit Court of Australia or the Judge”.\n\n219 Subsections 74(1) and (2)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n220 Paragraph 75(1)(a)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n221 Paragraph 75(1)(b)\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n222 Subsection 75(1)\n\nOmit “Federal Magistrate on behalf of the Federal Magistrate”, substitute “Judge on behalf of the Judge”.\n\n223 Paragraph 75(2)(a)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n224 Paragraph 75(2)(b)\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n225 Subsection 75(2)\n\nOmit “Federal Magistrate on behalf of the Federal Magistrate”, substitute “Judge on behalf of the Judge”.\n\n226 Paragraph 76(2)(a)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n227 Subsection 76(2)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n228 Subsection 76(3)\n\nOmit “Federal Magistrates Court or the Federal Magistrate” (wherever occurring), substitute “Federal Circuit Court of Australia or the Judge”.\n\n229 Paragraph 76(5)(b)\n\nOmit “Federal Magistrates Court in its absolute discretion, or a Federal Magistrate in that Federal Magistrate’s”, substitute “Federal Circuit Court of Australia in its absolute discretion, or a Judge in that Judge’s”.\n\n230 Paragraph 76(5)(g)\n\nOmit “Federal Magistrates Court or the Federal Magistrate”, substitute “Federal Circuit Court of Australia or the Judge”.\n\n231 Subsection 77(2)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n232 Paragraph 77(3)(b)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n233 Subsections 78(2) and (4)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n234 Subsection 79(2)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n235 Subsection 79(2)\n\nOmit “Federal Magistrates Court” (last occurring), substitute “Federal Circuit Court of Australia”.\n\n236 Subsection 79(3)\n\nOmit “Federal Magistrates Court or Federal Magistrate”, substitute “Federal Circuit Court of Australia or Judge”.\n\n237 Subsection 80(2)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n238 Subsection 80(2)\n\nOmit “Federal Magistrates Court” (last occurring), substitute “Federal Circuit Court of Australia”.\n\n239 Subsection 80(3)\n\nOmit “Federal Magistrates Court or Federal Magistrate”, substitute “Federal Circuit Court of Australia or Judge”.\n\n240 Subsections 80(4) and (5)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n241 Subsection 81(1)\n\nOmit “Federal Magistrates” (first occurring), substitute “Judges”.\n\n242 Paragraphs 81(1)(a) and (b)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n243 Paragraph 81(3)(b)\n\nOmit “Chief Federal Magistrate acting on behalf of the Federal Magistrates”, substitute “Chief Judge acting on behalf of the Judges”.\n\n244 Subsection 81(4)\n\nOmit “Chief Federal Magistrate”, substitute “Chief Judge”.\n\n245 Paragraph 82(1)(f)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n246 Section 83\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n247 Paragraphs 85(a), (b) and (d)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n248 Paragraph 85(e)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n249 Paragraphs 86(b) and (c)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n250 Section 87\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n251 Part 7 (heading)\n\nRepeal the heading, substitute:","sortOrder":22},{"sectionNumber":"Part 7","sectionType":"part","heading":"Management of the Federal Circuit Court of Australia","content":"## Part 7—Management of the Federal Circuit Court of Australia\n\n252 Division 1 of Part 7 (heading)\n\nRepeal the heading, substitute:","sortOrder":23},{"sectionNumber":"Division 1","sectionType":"division","heading":"Administration of the Federal Circuit Court of Australia","content":"### Division 1—Administration of the Federal Circuit Court of Australia\n\n253 Section 89 (heading)\n\nRepeal the heading, substitute:","sortOrder":24},{"sectionNumber":"89","sectionType":"section","heading":"Management of administrative affairs of the Federal Circuit Court of Australia","content":"#### 89 Management of administrative affairs of the Federal Circuit Court of Australia\n\n254 Subsection 89(1)\n\nOmit “Chief Federal Magistrate”, substitute “Chief Judge”.\n\n255 Subsection 89(1)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n256 Subsection 89(3)\n\nOmit “Chief Federal Magistrate”, substitute “Chief Judge”.\n\n257 Subsection 89(3A)\n\nOmit “Chief Federal Magistrate’s”, substitute “Chief Judge’s”.\n\n258 Subsections 89(3A) and (4)\n\nOmit “Chief Federal Magistrate”, substitute “Chief Judge”.\n\n259 Subsection 90(1)\n\nOmit “Chief Federal Magistrate”, substitute “Chief Judge”.\n\n260 Subsections 90(1), (2) and (3)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n261 Subsection 91(1)\n\nOmit “Chief Federal Magistrate”, substitute “Chief Judge”.\n\n262 Subsections 91(1), (2) and (3)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n263 Section 92\n\nOmit “Chief Federal Magistrate”, substitute “Chief Judge”.\n\n264 Paragraphs 92(a) and (b)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n265 Subsection 93(1)\n\nOmit “Federal Magistrates Court may appoint committees consisting of Federal Magistrates, or of Federal Magistrates and other persons, for the purpose of advising the Federal Magistrates Court”, substitute “Federal Circuit Court of Australia may appoint committees consisting of Judges, or of Judges and other persons, for the purpose of advising the Federal Circuit Court of Australia”.\n\n266 Paragraph 93(1)(a)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n267 Subsection 93(2)\n\nRepeal the subsection, substitute:\n\n (2) The Chief Judge may appoint committees consisting of Judges, or of Judges and other persons, for the purpose of advising the Chief Judge in relation to the management of the administrative affairs of the Federal Circuit Court of Australia.\n\n268 Division 1A of Part 7 (heading)\n\nRepeal the heading, substitute:","sortOrder":25},{"sectionNumber":"Division 1A","sectionType":"division","heading":"Administration of Federal Circuit Court of Australia’s family services","content":"### Division 1A—Administration of Federal Circuit Court of Australia’s family services\n\n269 Subsections 93D(1) and (2)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n270 Section 94\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n271 Subsection 96(1)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n272 Subsections 96(1), (2) and (3)\n\nOmit “Chief Federal Magistrate”, substitute “Chief Judge”.\n\n273 Subsection 96(3)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n274 Subsection 96(4)\n\nOmit “Chief Federal Magistrate”, substitute “Chief Judge”.\n\n275 Subsection 97(2)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n276 Section 98\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n277 Section 99 (heading)\n\nRepeal the heading, substitute:","sortOrder":26},{"sectionNumber":"99","sectionType":"section","heading":"Officers of the Federal Circuit Court of Australia","content":"#### 99 Officers of the Federal Circuit Court of Australia\n\n278 Subsections 99(1), (2), (4) and (6)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n279 Paragraph 99(6)(d)\n\nOmit “Chief Federal Magistrate”, substitute “Chief Judge”.\n\n280 Subsection 99(7)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n281 Section 100\n\nOmit “Chief Federal Magistrate”, substitute “Chief Judge”.\n\n282 Sections 100 and 101\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n283 Subsection 102(1)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n284 Subsection 102(2)\n\nOmit “Federal Magistrates Court may, if the Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia may, if the Federal Circuit Court of Australia or a Judge”.\n\n285 Paragraphs 102(2)(a), (c), (e), (h) and (i)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n286 Subsection 102(6)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n287 Subsection 103(1)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n288 Subsections 103(2) and (3)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n289 Subsection 103(7)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n290 Subsections 104(2) and (3)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n291 Subsection 104(4)\n\nOmit “Federal Magistrate” (wherever occurring), substitute “Judge”.\n\n292 Subsection 105(1)\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n293 Subsections 105(2) and (3)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n294 Section 106 (heading)\n\nRepeal the heading, substitute:","sortOrder":27},{"sectionNumber":"106","sectionType":"section","heading":"The Sheriff of the Federal Circuit Court of Australia","content":"#### 106 The Sheriff of the Federal Circuit Court of Australia\n\n295 Section 106\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n296 Subsection 107(1)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n297 Section 109 (heading)\n\nRepeal the heading, substitute:","sortOrder":28},{"sectionNumber":"109","sectionType":"section","heading":"The Marshal of the Federal Circuit Court of Australia","content":"#### 109 The Marshal of the Federal Circuit Court of Australia\n\n298 Subsection 109(1)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n299 Paragraph 109(2)(a)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n300 Paragraph 109(2)(b)\n\nOmit “Federal Magistrates and officers and staff of the Federal Magistrates Court”, substitute “Judges and officers and staff of the Federal Circuit Court of Australia”.\n\n301 Paragraphs 109(3)(a) and (b)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n302 Subsection 110(1)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n303 Section 111A\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n304 Section 111A (note)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n305 Section 112 (heading)\n\nRepeal the heading, substitute:","sortOrder":29},{"sectionNumber":"112","sectionType":"section","heading":"Staff of the Federal Circuit Court of Australia","content":"#### 112 Staff of the Federal Circuit Court of Australia\n\n306 Subsections 112(1) and (2)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n307 Subsection 113(1)\n\nOmit “Federal Magistrates Court” (first occurring), substitute “Federal Circuit Court of Australia”.\n\n308 Paragraph 113(1)(a)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n309 Subsection 113(2)\n\nOmit “Federal Magistrates Court” (first occurring), substitute “Federal Circuit Court of Australia”.\n\n310 Paragraph 113(2)(a)\n\nOmit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.\n\n311 Section 114\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n312 Subsection 115(1)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n313 Section 116\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n314 Subsection 117(1)\n\nOmit “Chief Federal Magistrate”, substitute “Chief Judge”.\n\n315 Subsection 117(1)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n316 Section 117A (heading)\n\nRepeal the heading, substitute:","sortOrder":30},{"sectionNumber":"117A","sectionType":"section","heading":"Delegation of the administrative powers of the Chief Judge","content":"#### 117A Delegation of the administrative powers of the Chief Judge\n\n317 Section 117A\n\nOmit “Chief Federal Magistrate”, substitute “Chief Judge”.\n\n318 Section 117A\n\nOmit “Federal Magistrates”, substitute “Judges”.\n\n319 Section 118 (heading)\n\nRepeal the heading, substitute:","sortOrder":31},{"sectionNumber":"118","sectionType":"section","heading":"Proceedings arising out of administration of the Federal Circuit Court of Australia","content":"#### 118 Proceedings arising out of administration of the Federal Circuit Court of Australia\n\n320 Section 118\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n321 Section 119\n\nRepeal the section, substitute:","sortOrder":32},{"sectionNumber":"119","sectionType":"section","heading":"References in other laws to a Judge of the Federal Circuit Court of Australia","content":"#### 119 References in other laws to a Judge of the Federal Circuit Court of Australia\n\n A reference in a law of the Commonwealth other than this Act to a Judge of the Federal Circuit Court of Australia includes a reference to the Chief Judge of that Court.\n\n> Note: For the interpretation of this Act, see section 5.\n\n322 Subsections 120(3) and (4)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n323 Schedule 1 (heading)\n\nRepeal the heading, substitute:\n\nSchedule 1—Personnel provisions relating to Judges\n\n324 Part 1 of Schedule 1 (heading)\n\nRepeal the heading, substitute:","sortOrder":33},{"sectionNumber":"Part 1","sectionType":"part","heading":"Appointment of Judges","content":"## Part 1—Appointment of Judges\n\n325 Clause 1 of Schedule 1 (heading)\n\nRepeal the heading, substitute:","sortOrder":34},{"sectionNumber":"1A","sectionType":"section","heading":"Assignment of Judges to Divisions","content":"#### 1A Assignment of Judges to Divisions\n\n333 Clause 1A of Schedule 1\n\nOmit “Federal Magistrate” (wherever occurring), substitute “Judge”.\n\n334 Clause 1A of Schedule 1 (note)\n\nOmit “Federal Magistrate” (wherever occurring), substitute “Judge”.\n\n335 Clause 1A of Schedule 1 (note)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n336 Clause 2 of Schedule 1\n\nRepeal the clause, substitute:","sortOrder":36},{"sectionNumber":"9A","sectionType":"section","heading":"Certification of retired disabled Judges","content":"#### 9A Certification of retired disabled Judges\n\n352 Paragraph 9A(1)(a) of Schedule 1\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n353 Paragraph 9A(1)(b) of Schedule 1\n\nOmit “Magistrate”, substitute “Judge”.\n\n354 Subclause 9A(1) of Schedule 1\n\nOmit “Magistrate is a retired disabled Federal Magistrate”, substitute “Judge is a retired disabled Judge”.\n\n355 Paragraph 9A(2)(a) of Schedule 1\n\nOmit “Magistrate is a retired disabled Federal Magistrate”, substitute “Judge is a retired disabled Judge”.\n\n356 Clause 9B of Schedule 1 (heading)\n\nRepeal the heading, substitute:","sortOrder":40},{"sectionNumber":"9B","sectionType":"section","heading":"Pensions for retired disabled Judges","content":"#### 9B Pensions for retired disabled Judges\n\n357 Subclause 9B(1) of Schedule 1\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n358 Subclause 9B(2) of Schedule 1\n\nOmit “Magistrate”, substitute “Judge”.\n\n359 Paragraphs 9B(3)(a) and (b) of Schedule 1\n\nOmit “Magistrate” (wherever occurring), substitute “Judge”.\n\n360 Subclause 9B(5) of Schedule 1\n\nOmit “Federal Magistrates”, substitute “Judges”.\n\n361 Paragraphs 9B(6)(a) and (b) of Schedule 1\n\nOmit “Magistrate”, substitute “Judge”.\n\n362 Clause 9C of Schedule 1 (heading)\n\nRepeal the heading, substitute:","sortOrder":41},{"sectionNumber":"9C","sectionType":"section","heading":"Superannuation for retired disabled Judges","content":"#### 9C Superannuation for retired disabled Judges\n\n363 Subclause 9C(1) of Schedule 1\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n364 Subclause 9C(2) of Schedule 1\n\nOmit “Magistrate”, substitute “Judge”.\n\n365 Subclause 9C(3) of Schedule 1\n\nOmit “Federal Magistrates”, substitute “Judges”.\n\n366 Paragraph 9D(1)(a) of Schedule 1\n\nOmit “Federal Magistrate” (wherever occurring), substitute “Judge”.\n\n367 Paragraph 9D(1)(b) of Schedule 1\n\nOmit “Magistrate”, substitute “Judge”.\n\n368 Subclauses 9D(2), (3) and (4) of Schedule 1\n\nOmit “Magistrate” (wherever occurring), substitute “Judge”.\n\n369 Subclause 9E(1) of Schedule 1\n\nOmit “Federal Magistrate” (wherever occurring), substitute “Judge”.\n\n370 Subclause 9E(2) of Schedule 1\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n371 Subclause 9E(2) of Schedule 1\n\nOmit “Magistrate” (second and third occurring), substitute “Judge”.\n\n372 Subclause 9E(3) of Schedule 1\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n373 Paragraph 9E(3)(a) of Schedule 1\n\nOmit “Magistrate”, substitute “Judge”.\n\n374 Paragraph 9E(3)(a) of Schedule 1\n\nOmit “Magistrate’s”, substitute “Judge’s”.\n\n375 Subparagraphs 9E(3)(b)(i) and (ii) of Schedule 1\n\nOmit “Magistrate”, substitute “Judge”.\n\n376 Subclause 9E(4) of Schedule 1\n\nOmit “Federal Magistrate” (wherever occurring), substitute “Judge”.\n\n377 Paragraph 9E(4)(a) of Schedule 1\n\nOmit “Magistrate”, substitute “Judge”.\n\n378 Paragraph 9E(4)(b) of Schedule 1\n\nOmit “Magistrate’s”, substitute “Judge’s”.\n\n379 Paragraph 9E(4)(b) of Schedule 1\n\nOmit “Magistrate”, substitute “Judge”.\n\n380 Paragraph 9E(4)(c) of Schedule 1\n\nOmit “Magistrate”, substitute “Judge”.\n\n381 Paragraph 9E(4)(c) of Schedule 1\n\nOmit “Magistrate’s”, substitute “Judge’s”.\n\n382 Paragraph 9E(4)(d) of Schedule 1\n\nOmit “Magistrate” (wherever occurring), substitute “Judge”.\n\n383 Subclause 9F(1) of Schedule 1\n\nOmit “Federal Magistrate” (wherever occurring), substitute “Judge”.\n\n384 Subparagraphs 9F(1)(b)(i), (ia) and (ii) of Schedule 1\n\nOmit “Magistrate”, substitute “Judge”.\n\n385 Subparagraph 9F(1)(b)(ii) of Schedule 1\n\nOmit “Magistrate’s”, substitute “Judge’s”.\n\n386 Subparagraph 9F(1)(b)(iii) of Schedule 1\n\nOmit “Magistrate”, substitute “Judge”.\n\n387 Subparagraph 9F(1)(b)(iii) of Schedule 1\n\nOmit “Magistrate’s”, substitute “Judge’s”.\n\n388 Division 3 of Part 2 of Schedule 1 (heading)\n\nRepeal the heading, substitute:","sortOrder":42},{"sectionNumber":"Division 3","sectionType":"division","heading":"Remuneration of a Judge not to be diminished","content":"### Division 3—Remuneration of a Judge not to be diminished\n\n389 Clause 9H of Schedule 1 (heading)\n\nRepeal the heading, substitute:","sortOrder":43},{"sectionNumber":"9H","sectionType":"section","heading":"Remuneration of a Judge not to be diminished","content":"#### 9H Remuneration of a Judge not to be diminished\n\n390 Subclause 9H(1) of Schedule 1\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n391 Part 3 of Schedule 1 (heading)\n\nRepeal the heading, substitute:","sortOrder":44},{"sectionNumber":"10","sectionType":"section","heading":"Acting Chief Judge","content":"#### 10 Acting Chief Judge\n\n393 Subclauses 10(1) and (3) of Schedule 1\n\nOmit “Federal Magistrate” (wherever occurring), substitute “Judge”.\n\n394 Subclause 10(3) of Schedule 1\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\n395 Subclause 10(3) of Schedule 1 (note)\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n396 Subclause 10(3) of Schedule 1 (note)\n\nOmit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.\n\n397 Schedule 2 (heading)\n\nRepeal the heading, substitute:\n\nSchedule 2—Personnel provisions relating to Chief Executive Officer\n\n398 Clause 2 of Schedule 2\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\n399 Clause 3 of Schedule 2\n\nOmit “Federal Magistrate’s”, substitute “Judge’s”.\n\n400 Subclause 5(2) of Schedule 2\n\nOmit “Federal Magistrate” (wherever occurring), substitute “Judge”.\n\n401 Paragraph 7(2)(c) of Schedule 2\n\nOmit “Federal Magistrate’s”, substitute “Judge’s”.\n\n402 Clauses 8 and 9 of Schedule 2\n\nOmit “Federal Magistrate”, substitute “Judge”.\n\nJudges (Long Leave Payments) Act 1979\n\n403 Title\n\nOmit “Federal Magistrates”, substitute “Judges of the Federal Circuit Court of Australia”.\n\n404 Section 3 (paragraph (a) of the definition of Judge)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\nJudges’ Pensions Act 1968\n\n405 Subsection 4(1) (paragraph (a) of the definition of Judge)\n\nOmit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.\n\nMaternity Leave (Commonwealth Employees) Act 1973\n\n406 Paragraph 5(3)(ba)\n\nOmit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.\n\nParliamentary Contributory Superannuation Act 1948\n\n407 Subsection 21B(1) (paragraph (b) of the definition of holder of an office of profit under the Commonwealth)\n\nOmit “(other than the Federal Magistrates Court)”.\n\n408 Subsection 21B(1) (paragraph (ba) of the definition of holder of an office of profit under the Commonwealth)\n\nRepeal the paragraph.\n\nSchedule 2—Transitional and saving provisions\n\nPart 1—Definitions\n\n1 Definitions\n\nIn this Schedule:\n\ncommencement time means the time when this Schedule commences.\n\nnew Act means the Federal Circuit Court of Australia Act 1999 as in force after the commencement time.\n\nold Act means the Federal Magistrates Act 1999 as in force immediately before the commencement time.\n\nPart 2—Continuity of the Federal Magistrates Court, Federal Magistrates and personnel\n\n2 Transitional—change of title of offices of Chief Federal Magistrate and Federal Magistrate\n\n(1) The office of Chief Federal Magistrate of the Federal Magistrates Court under the old Act is the same office as the office of Chief Judge of the Federal Circuit Court of Australia under the new Act.\n\n(2) The office of a Federal Magistrate (other than Chief Federal Magistrate) of the Federal Magistrates Court under the old Act is the same office as the office of Judge (other than Chief Judge) of the Federal Circuit Court of Australia under the new Act.\n\n3 Transitional—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 Magistrates Court were a body; and\n (b) the office of Chief Federal Magistrate and the office of Federal Magistrate were offices.\n\n4 Transitional—officers and staff of the Federal Magistrates Court\n\nChief Executive Officer\n\n(1) The person who, immediately before the commencement time, was the Chief Executive Officer of the Federal Magistrates Court continues, after that time, as the Chief Executive Officer of the Federal Circuit Court of Australia.\n\nOther officers\n\n(2) A person who, immediately before the commencement time, was an officer of the Federal Magistrates Court as mentioned in paragraph 99(1)(a), (b), (c), (d), (e) or (f) of the old Act continues, after that time, as an officer of the Federal Circuit Court of Australia.\n\nStaff\n\n(3) A person who, immediately before the commencement time, was a member of the staff of the Federal Magistrates Court as mentioned in section 112 of the old Act continues, after that time, as a member of the staff of the Federal Circuit Court of Australia.\n\n5 Saving—things done by Federal Magistrates Court or Federal Magistrate before commencement time\n\nTo avoid doubt, the amendments made by Schedule 1 do not affect the validity of anything done by the Federal Magistrates Court or a Federal Magistrate before the commencement time.\n\n6 Transitional—Rules of Court\n\n(1) To avoid doubt, Rules of Court that were in force under the old Act immediately before the commencement time are taken, after that time, to be Rules of Court covered by section 81 of the new Act.\n\n(2) Subitem (1) does not prevent the amendment or repeal of Rules of Court covered by that subitem.\n\nPart 3—Retired disabled Federal Magistrates\n\n7 Certification of retired disabled Federal Magistrates\n\n(1) This item applies if, before the commencement time, the Minister certified, under paragraph 9A(2)(a) of Schedule 1 to the Federal Magistrates Act 1999, that a person is a retired disabled Federal Magistrate.\n\n(2) The certification has effect, after that time, as if it were a certification, under paragraph 9A(2)(a) of Schedule 1 to the new Act, that the person is a retired disabled Judge.\n\n8 Prior judicial service\n\n(1) If, before the commencement time, a person was appointed as a Federal Magistrate under the Federal Magistrates Act 1999, then, after that time, section 5A of the new Act has effect as if that appointment were an appointment of the person as a Judge.\n\n(2) After the commencement time, paragraph 9B(3)(b) of Schedule 1 to the new Act has effect as if paragraph (c) of the definition of prior judicial service in section 5 of the new Act included a reference to a Federal Magistrate.\n\nPart 4—Other matters\n\n9 Transitional regulations\n\nThe Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedule 1.\n\n10 Schedule does not limit operation of section 7 or subsection 25B(1) 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.","sortOrder":46}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Section 2, Commencement Table, Item 3 (Schedule 1, item 187)","severity":"low","reasoning":"This is a conditional non-commencement mechanism commonly used in Australian drafting to avoid duplication where another Act covers the same ground. It is not strictly absurd but is logically peculiar: Parliament enacted a provision (item 187) whose sole purpose was to be superseded by another Act, effectively enacting dead letter law from the outset. The column 3 entry confirms it never commenced, meaning the provision existed in the Act but had zero legal effect.","confidence":0.72,"description":"Schedule 1, item 187 is defined as commencing 'at the same time as the provision(s) covered by table item 2' but simultaneously 'does not commence at all' if item 6 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 commences at or before that time. Column 3 records 'Does not commence' as a fait accompli, meaning the provision was drafted to potentially never have legal existence. A provision of an Act that is designed never to commence raises the question of why it was enacted at all."},{"type":"circular_definition","section":"Section 4 (Simplified Outline) read with Schedule 1, item 25 (new subsection 8(1))","severity":"low","reasoning":"The term 'commencement day' is defined in item 9 as the day Schedules 1 and 2 to this Act commenced. Section 8(1) then uses 'commencement day' to describe the continuity of the court. While functional in practice (the date is fixed at 12 April 2013 per column 3), the definition is logically self-referential within the Act itself.","confidence":0.55,"description":"The simplified outline states 'The federal court known immediately before the commencement day as the Federal Magistrates Court is continued in existence as the Federal Circuit Court of Australia.' The new subsection 8(1) uses identical language. The definition of 'commencement day' inserted by item 9 is 'the day on which Schedules 1 and 2 to the Federal Circuit Court of Australia Legislation Amendment Act 2012 commenced.' This creates a mild circularity: the Act defines the court's new name by reference to what the court was called 'immediately before the commencement day,' and 'commencement day' is itself defined by reference to the commencement of this Act. The definition of commencement day is therefore self-referential."},{"type":"other","section":"Schedule 2, item 3 (Transitional—subsection 25B(1) of the Acts Interpretation Act 1901)","severity":"low","reasoning":"Section 25B(1) of the Acts Interpretation Act 1901 applies to the abolition of bodies and offices. The Federal Magistrates Court was indisputably a 'body' and the magistrates held 'offices' in law. The deeming provision appears drafted out of excessive caution but creates a logical oddity: Parliament deems something to be what it already is, suggesting either the draftsperson doubted the court's status as a 'body' under the Acts Interpretation Act or was applying a belt-and-suspenders approach that inadvertently implies uncertainty about settled legal status.","confidence":0.63,"description":"Item 3 directs that subsection 25B(1) of the Acts Interpretation Act 1901 applies 'as if the Federal Magistrates Court were a body' and 'as if the office of Chief Federal Magistrate and the office of Federal Magistrate were offices.' The Federal Magistrates Court was a federal court established by statute—it was unambiguously a legal body. The offices of Chief Federal Magistrate and Federal Magistrate were statutory offices. Using a deeming provision to treat actually-existing legal entities 'as if' they were what they already are is logically redundant and arguably incoherent."},{"type":"other","section":"Schedule 1, item 336 (new clause 2 of Schedule 1 — Style)","severity":"low","reasoning":"While this reflects a deliberate drafting choice to ensure the Chief Judge is captured by references to 'Judge' in other Acts, it creates a logical inconsistency between the styling provisions (which carefully differentiate Chief Judge from Judge) and the interpretive provision (which collapses that distinction). This is a low-severity tension rather than a true absurdity.","confidence":0.5,"description":"The new style clause prescribes that the Chief Judge is to be styled 'Chief Judge (name)' and other Judges 'Judge (name)'. However, section 119 (as substituted by item 321) provides that references in other Commonwealth laws to 'a Judge of the Federal Circuit Court of Australia' includes the Chief Judge. This means the Chief Judge holds the title 'Chief Judge' but is simultaneously treated as a 'Judge' for the purposes of references in other laws, creating an asymmetry: the Chief Judge is styled differently but legally subsumed into the 'Judge' category in external legislation."}],"contradictions":[{"severity":"low","section_a":"Schedule 2, item 2(1) and (2) (Transitional—change of title of offices)","section_b":"Schedule 1, item 32 (new subsections 8(5) and (6))","confidence":0.65,"description":"Item 32 of Schedule 1 inserts subsections 8(5) and 8(6) into the principal Act, providing that the Chief Federal Magistrate and Federal Magistrates 'continue to hold that office under the title of' Chief Judge and Judge respectively. Schedule 2, item 2 declares the old office 'is the same office' as the new office. These two provisions take subtly different legal approaches to the same transition: item 32 frames it as holding the same office under a new title, while Schedule 2 item 2 frames it as identity of offices. If the offices are legally identical (item 2), the 'continuation' language in item 32 is surplusage; if there is a continuation (item 32), the identity claim in item 2 may be legally over-broad. In practice this causes no harm, but the two mechanisms are logically redundant and potentially inconsistent in their legal theory."},{"severity":"low","section_a":"Schedule 2, item 5 (Saving—things done by Federal Magistrates Court before commencement time)","section_b":"Schedule 2, item 10 (Schedule does not limit operation of section 7 or subsection 25B(1) of the Acts Interpretation Act 1901)","confidence":0.58,"description":"Item 5 provides a saving for acts done by the Federal Magistrates Court before commencement, stating amendments in Schedule 1 do not affect their validity. Item 10 preserves the operation of section 7 and subsection 25B(1) of the Acts Interpretation Act 1901, which themselves provide broad savings for things done under repealed/amended Acts. The two provisions overlap significantly and potentially contradict each other in scope: item 5 is limited to Schedule 1 amendments, while section 7 of the Acts Interpretation Act is broader. Item 10's preservation of those provisions alongside item 5 creates interpretive uncertainty about whether item 5 was intended to be the exclusive saving for Schedule 1 matters or merely supplementary, and whether item 10 implies item 5 is insufficient on its own."},{"severity":"medium","section_a":"Schedule 1, item 131 (paragraph 41(10)(b) — Legislative Instruments Act reference)","section_b":"General legislative context","confidence":0.78,"description":"Item 131 amends paragraph 41(10)(b) of the principal Act to substitute 'Legislative Instruments Act 2003' for 'Legislative Instruments Act 1999'. The Legislative Instruments Act 1999 was never enacted as such — the correct short title of the operative Act was always the 'Legislative Instruments Act 2003'. This amendment corrects what appears to be an erroneous reference in the original principal Act (which cited a non-existent 1999 version). While not a contradiction within this Act, it reveals that the principal Act contained a reference to legislation that did not exist, and this amendment implicitly acknowledges that the prior provision was legally inoperative or at best ambiguous for the period between the principal Act's commencement and this amendment."}]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act does exactly what its title and simplified outline say: it renames the Federal Magistrates Court and changes judicial titles. Schedule 2 includes standard transitional provisions to ensure continuity. There is no evidence of scope creep beyond the core renaming purpose."},"complexity_factors":["Extremely high volume of individual amendments (408+ items in Schedule 1 alone) — almost entirely find-and-replace name changes across multiple Acts","Conditional commencement provisions (item 187 only commences if another unrelated Act does not commence first)","Interaction with other concurrent legislation (Access to Justice (Federal Jurisdiction) Amendment Act 2012) requiring careful sequencing","Transitional and saving provisions in Schedule 2 require careful reading to confirm continuity of existing proceedings, appointments, and legal instruments","Amendments span multiple Acts beyond the primary Act (e.g., Judges' Pensions Act 1968, Maternity Leave Act 1973, Parliamentary Contributory Superannuation Act 1948)","Despite high volume, substantive complexity is low — the legal effect is straightforward renaming with no change to jurisdiction or powers"],"plain_english_summary":"## What This Law Does\n\nThis Act is essentially a **rebranding exercise** for a federal court. It renames the **Federal Magistrates Court** to the **Federal Circuit Court of Australia**, and changes the title of the judges who sit on it — what were called \"Federal Magistrates\" become \"Judges,\" and the \"Chief Federal Magistrate\" becomes the \"Chief Judge.\"\n\n## Who Does This Affect?\n\n- **People with existing court cases** in the Federal Magistrates Court — your case continues unaffected; only the name of the court changes\n- **Federal Magistrates (now called Judges)** — their jobs, pay, and conditions remain the same; only their title changes\n- **Court staff and officers** — they continue in their roles under the new court name\n- **Anyone dealing with legal documents** referencing the old court name — references to the \"Federal Magistrates Court\" in Commonwealth laws are updated to \"Federal Circuit Court of Australia\"\n\n## Why Does It Matter?\n\nThe name change was intended to signal that this court handles serious federal legal matters (family law, migration, bankruptcy, workplace disputes, etc.) with full judicial authority — not lesser \"magistrate-level\" work. The new title of \"Judge\" was meant to better reflect the status and complexity of the work done by the court.\n\n**Practically speaking**, nothing changes about how the court operates. The same court, same people, same powers — just a new name and new titles.\n\n## Key Protections\n- Anything done by the old court **before** the name change remains **fully valid**\n- Existing court rules (called \"Rules of Court\") continue to apply\n- Existing certifications (e.g., for disabled retired magistrates/judges) carry over automatically\n- The government can make regulations to handle any unexpected transition issues"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act does not change the substantive jurisdictional scope of the court; it continues the existing federal court under a new name and preserves jurisdiction as conferred by other Commonwealth laws (see section 4). The principal changes are institutional and textual: renaming the court and office titles, aligning references across statutes, and setting out administrative management and transitional arrangements (see Schedule 1 and Schedule 2). Transitional and saving provisions preserve prior appointments, certifications and Rules of Court to maintain continuity (see Schedule 2 items 2, 4, 5 and 6)."},"complexity_factors":["Large volume of wholesale textual substitutions across the principal Act and related statutes (many items in Schedule 1 and Schedule 2) which raises mechanical editing and cross‑reference risk (see Schedule 1 and Schedule 2).","Staged and conditional commencement arrangements that create sequencing and dependency risk (see section 2 commencement table, especially the proclamation timing and the conditional non‑commencement in table item 3).","Extensive transitional and saving provisions to preserve prior acts, appointments and Rules of Court — these reduce legal disruption but add layers of transitional interpretation (see Schedule 2, parts 2 and 3, items 2–8).","Multiple administrative and personnel provisions altered (titles, duties, committees, CEO role, judicial style and pensions), requiring coordinated administrative implementation across court offices and Commonwealth agencies (see Schedule 1 clauses and substitutions).","Changes to cross‑references in other Commonwealth laws (explicitly amends several other Acts and references), requiring updates in the statute book and subordinate instruments (see items 403–408 and numerous substitution items)."],"plain_english_summary":"What this Act does, in simple terms\n\n- Mechanically, the Act changes the Federal Magistrates Court into a court called the Federal Circuit Court of Australia. It changes the titles of office‑holders (for example, \"Chief Federal Magistrate\" becomes \"Chief Judge\" and \"Federal Magistrate\" becomes \"Judge\") and updates many cross‑references in Commonwealth laws and court rules to reflect those new names and titles (see sections 1, 8, Schedule 1 and Schedule 2). \n\n- The Act keeps the court’s existing legal powers and jurisdiction intact: jurisdiction is still conferred by other Commonwealth laws and is to be exercised in a General Division or a Fair Work Division of the renamed court (see section 4, and section 10A as amended). It also keeps the existing personnel, officers and staff in place and treats pre‑existing appointments, certifications and acts as continuing and valid (see Schedule 2, items 2–6 and item 7). \n\n- The Act sets out administrative arrangements: the Court will be led by a Chief Judge assisted by a Chief Executive Officer; Registrars and other officers remain; the Chief Judge has responsibility for arranging the Court’s business and managing its administrative affairs; and the Court is to use informal and streamlined procedures where appropriate (see section 4 and passages amending sections 12, 89 and related provisions). \n\n- The Act contains commencement rules and transitional and saving provisions to preserve continuity. Some amendments took effect on Royal Assent; a large block of items in Schedule 1 and Schedule 2 commenced on a day fixed by proclamation or, failing that, automatically within six months. The Schedule contains a conditional non‑commencement clause for one item dependent on a separate Act (see section 2 table and Schedule 2 Part 1 and Part 2 transitional items). \n\nOfficial purpose claims (and how they operate mechanically)\n\n- The instrument’s stated purpose is to continue the existing federal court under a new name, organise it into two divisions (General and Fair Work), promote dispute resolution, allow transfers of proceedings to the Federal Court or Family Court, streamline practice and procedure, and set out management and staffing arrangements (see section 4 \"Simplified outline\"). Those claims are implemented by renaming references throughout the statute book, creating the Chief Judge and Judge titles, preserving prior appointments and certifications, and preserving existing Rules of Court as Rules of the renamed court (see Schedule 1, Schedule 2 and Schedule 2 item 6). \n\nCosts, incentives, trade‑offs and practical implementation matters (source‑grounded)\n\n- Who pays / who bears implementation costs: the Commonwealth will bear the direct administrative cost of changing statutory language, updating court forms and internal administrative arrangements because the Act itself makes the textual changes and transfers existing officers and staff to the renamed court (see Schedule 1 and Schedule 2 transitional items 2 and 4). Legal practitioners and litigants will bear the indirect compliance costs of updating references, forms and filings to the new court title (the Act expressly carries over existing Rules of Court and allows them to continue under the new Act to reduce disruption) (see Schedule 2 item 6). \n\n- Compliance burden and transitional ease: the Act includes broad transitional and saving provisions to avoid invalidating prior acts, appointments, certifications and rules (Schedule 2 items 2, 4, 5 and 6; item 7 deals with prior certifications of retired disabled magistrates). That reduces immediate legal risk from the name and title changes but requires administrative work to align legislation, instruments and records. \n\n- Implementation risk and sequencing: the commencement table (section 2) stages commencement: some provisions commenced on Royal Assent, while most items in Schedule 1 and Schedule 2 were fixed to commence on a proclamation day (or within six months automatically). One Schedule item (item 187) is tied conditionally to a provision in a separate Act and may not commence at all depending on that other Act (see section 2 table, table item 3). This staging and conditionality means partial commencement or dependency on other Acts can affect when particular textual changes take legal effect. \n\n- Bureaucratic discretion and decision‑making: the Act centralises administrative responsibility in the Chief Judge (replacing the Chief Federal Magistrate) and provides for a Chief Executive Officer and committees to advise on management (see substituted and new headings and clauses in Part 7 and Schedule 1 clauses related to management and committees). These provisions change titles and clarify who decides internal arrangements, but do not, on their face, expand or reduce the Court’s statutory jurisdiction (section 4 and amended sections in Part 7). \n\nEffects on private enterprise, competition, prices and individual choice (source‑grounded observations)\n\n- The Act does not itself change the exercise of jurisdictional power conferred by other laws: it preserves the Court’s role and the ability to transfer proceedings to other federal courts (see section 4). Because jurisdiction is left to other Commonwealth laws, the Act primarily modifies institutional design (names and administrative arrangements) rather than creating new regulatory obligations for businesses or consumers. \n\n- By promoting dispute resolution and streamlined, less formal procedures (as described in the simplified outline and the amendments to practice and procedure provisions), the Act is framed to encourage out‑of‑court resolution and lower‑formality processes; mechanically, this is implemented by amending provisions that govern practice and procedure and by preserving existing Rules of Court under the new court name (see section 4 and Schedule 2 item 6). Whether that changes private parties’ litigation choices depends on how the Court and its Rules apply those procedural features in practice (the Act provides the mechanism but not the practice outcomes). \n\nConcrete trade‑offs and opportunity costs (source‑grounded)\n\n- Trade‑off between continuity and administrative change: the Act aims to preserve continuity (saving prior acts, appointments and rules) while changing institutional labels and internal administrative authority. The benefit is continuity of cases and personnel; the cost is the administrative effort to align statutes, instruments and records across many provisions (see Schedule 1, Schedule 2 and section 2). \n\n- Concentrated benefits and diffuse costs: the immediate beneficiaries of the textual changes are the Court’s personnel (who keep their offices and receive new titles without reappointment) and the judiciary’s administrative leadership (Chief Judge, CEO) who get clarified authority (see Schedule 2 items 2 and 4, and numerous substitutions in Schedule 1). The costs—paperwork, updates to rules and public materials—are dispersed across the Commonwealth, the courts system and legal practitioners.\n\nKey implementation points to watch (source‑grounded)\n\n- Check commencement timing and dependencies in the commencement table (section 2) to know when each set of substitutions became operative. \n- The transitional Schedule preserves prior Rules of Court as Rules under the new Act (Schedule 2 item 6), so practitioners should review those Rules for any drafting updates required by the new names and titles. \n- Certifications and prior appointments (including retired disabled magistrate certifications) continue to have effect under the new titles (Schedule 2 items 7 and 8). \n\nShort final summary sentence\n\nThe Act is primarily a comprehensive renaming and continuity package: it renames the Federal Magistrates Court to the Federal Circuit Court of Australia, renames judicial offices and adjusts many statutory references, preserves existing jurisdiction and personnel, and includes staged commencement and transitional provisions to maintain legal continuity while the administrative and textual changes are implemented (see section 4 and Schedule 1 and Schedule 2)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of renaming the court and its judicial officers. While it touches many sections across multiple Acts, this is purely mechanical substitution to implement the name change. There is no expansion of substantive jurisdiction, powers, or functions beyond what was already conferred on the Federal Magistrates Court."},"complexity_factors":["Extensive but mechanical amendments — over 400 items replacing 'Federal Magistrates Court' with 'Federal Circuit Court of Australia' and 'Federal Magistrate' with 'Judge'","Cross-references to multiple other Acts including Judges (Long Leave Payments) Act 1979, Judges' Pensions Act 1968, and Parliamentary Contributory Superannuation Act 1948","Transitional provisions ensuring continuity of offices, appointments, and prior decisions","Conditional commencement — item 187 in Schedule 1 has a complex commencement condition tied to another Act (does not commence if item 6 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 commences first)","Staged commencement dates — different provisions commence at different times (Royal Assent vs proclamation vs 6-month fallback)"],"plain_english_summary":"This legislation renames the **Federal Magistrates Court** to the **Federal Circuit Court of Australia** and changes the title of judicial officers from **Federal Magistrates** to **Judges**.\n\n**What it does:**\n- **Continues the existing court** under a new name — the Federal Magistrates Court doesn't disappear; it simply becomes the Federal Circuit Court of Australia.\n- **Changes titles** — the Chief Federal Magistrate becomes the Chief Judge, and Federal Magistrates become Judges.\n- **Maintains structure** — the court keeps its two divisions: the General Division and the Fair Work Division.\n- **Preserves existing arrangements** — all current judicial officers, staff, and officers continue in their roles under the new titles without needing reappointment.\n- **Updates references** — hundreds of amendments across multiple Acts replace old terminology with new names to ensure consistency.\n- **Protects past decisions** — anything done by the old court or its magistrates remains valid.\n\n**Who it affects:**\n- Current and future judicial officers of the court\n- Litigants (people bringing cases) in the Federal Circuit Court\n- Court staff and administrative officers\n- Lawyers practising in federal jurisdictions\n\n**Why it matters:**\nThe renaming reflects an expansion of the court's role and status. The title \"Judge\" carries greater prestige than \"Magistrate\" and better reflects the court's significant jurisdiction (power to hear cases) in areas like family law, migration, and workplace relations. The change also aligns with the court's position as a federal court of record with powers similar to the Federal Court and Family Court."}},"importantCases":[],"_links":{"self":"/api/acts/federal-circuit-court-of-australia-legislation-amendment-act-2012","history":"/api/acts/federal-circuit-court-of-australia-legislation-amendment-act-2012/history","analysis":"/api/acts/federal-circuit-court-of-australia-legislation-amendment-act-2012/analysis","conflicts":"/api/acts/federal-circuit-court-of-australia-legislation-amendment-act-2012/conflicts","importantCases":"/api/acts/federal-circuit-court-of-australia-legislation-amendment-act-2012/important-cases","documents":"/api/acts/federal-circuit-court-of-australia-legislation-amendment-act-2012/documents"}}