Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021

Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 | Zoe

Deep Dive

2,896 words · generated 24/04/2026

What it does

The Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 is a classic omnibus statute whose sole substantive function is to stitch the new two-division court architecture created by the Federal Circuit and Family Court of Australia Act 2021 into the fabric of the Commonwealth statute book. It does so in five distinct ways.

First, Schedule 1 effects wholesale terminological and jurisdictional surgery on the Family Law Act 1975 and the Federal Court of Australia Act 1976. Every reference to the “Family Court”, the “Federal Circuit Court”, the “Chief Justice”, “Appeal Division”, “Full Court” and “related Federal Circuit Court Rules” is excised and replaced by the new nomenclature: “Federal Circuit and Family Court of Australia (Division 1)”, “Federal Circuit and Family Court of Australia (Division 2)”, “Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)”, “Chief Judge of the Federal Circuit and Family Court of Australia (Division 2)”, “Federal Circuit and Family Court of Australia (Division 1) Rules” and “related Federal Circuit and Family Court of Australia (Division 2) Rules”. Jurisdiction that was formerly expressed to be conferred on the Family Court or the Federal Circuit Court is now expressly conferred on one or both divisions (see, for example, new s 39(1)(a) and s 39A(1)(a) of the Family Law Act, and new ss 32AC and 32AD of the Federal Court of Australia Act).

Second, the Act supplies the detailed transitional machinery necessary to prevent the reform from producing a procedural black hole. Part 2 of Schedule 1 provides that the amendments apply to proceedings commenced before, on or after the commencement day (item 229). Division 3 of that Part contains 10 specific saving and transitional provisions preserving authorisations, arrangements, delegations, proclamations, oaths, seals, stamps and Rules of Court made under the old law so that they continue to have effect under the new law (items 230–237). Division 4 does the same for amendments to the Federal Court of Australia Act.

Third, Schedule 2 is an administrative leviathan. It amends 114 separate statutes, ranging from the Administrative Appeals Tribunal Act 1975 through to the Work Health and Safety Act 2011. The amendments are not cosmetic. They insert new definitions, repeal references to the old courts, insert new transfer powers (e.g. new s 32AC of the Federal Court of Australia Act allowing discretionary transfer of non-family-law civil proceedings from Division 2 to the Federal Court), and adjust appeal routes, costs provisions, enforcement mechanisms and rule-making powers. In several statutes the amendments create entirely new jurisdictional gateways (see, for example, the new appellate structure in ss 47A–47E of the Family Law Act inserted by item 69 of Schedule 1 and cross-referenced in the Child Support (Assessment) Act and Child Support (Registration and Collection) Act).

Fourth, Schedule 3 simply repeals the Federal Circuit Court of Australia Act 1999 in its entirety. The repeal is accompanied by 12 saving and transitional provisions (Part 2 of Schedule 3) that preserve the Commonwealth Tenancy Disputes Instrument 2015, complaint-handling authorisations, seals, stamps, oaths, arrangements with other courts, delegations, and determinations of terms and conditions so that the new Division 2 inherits the operational DNA of its predecessor without the need for fresh executive action.

Fifth, Schedules 4 and 5 deal with contingency and continuity. Schedule 4 contains nine separate parts, each of which commences only if a nominated amending Act has itself commenced. These are classic “if-then” provisions that prevent the new court structure from colliding with other pending reforms (for example, the Aged Care Legislation Amendment (New Commissioner Functions) Act 2019, the Fair Work Laws Amendment (Proper Use of Worker Benefits) Act 2021 and the Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020). Schedule 5 contains the high-level continuity provisions that deem the Family Court of Australia and the Federal Circuit Court of Australia to continue in existence as Division 1 and Division 2 respectively, preserve the appointments and seniority of all judges, transfer all officers and staff, and create a comprehensive transitional regime for appeals that distinguishes between appeals not yet filed, appeals filed but not substantively heard, and appeals that have been substantively heard.

Taken together, the statute is not itself a substantive reform; it is the scaffolding that makes the substantive reform possible. Its policy objective is seamlessness: no litigant should lose a day in court, no judge should lose continuity of service, and no rule of court should require re-making unless the new Chief Justice or Chief Judge expressly decides otherwise.

Who it affects

The legislation has four distinct classes of addressee.

Judges, judicial officers and court staff. Every Judge of the former Family Court becomes a Judge of Division 1; every Judge of the former Federal Circuit Court becomes a Judge of Division 2 (items 2–4 of Schedule 5). The Chief Justice, Deputy Chief Justice and Senior Judges retain their titles with minor modifications. The Chief Executive Officer and Principal Registrar of the Family Court continues in post as Chief Executive Officer and Principal Registrar of Division 1. All Registrars, Deputy Registrars, Registry Managers, Marshals and Deputy Marshals are likewise continued in office under the new court’s enabling statute (items 4–11 of Schedule 5). Their terms and conditions are preserved.
Litigants in existing and future proceedings. Any person with a matter on foot in the Family Court or Federal Circuit Court on 1 September 2021 (the principal commencement date fixed by the commencement table in s 2) is automatically before the new court. The transitional provisions in Schedule 5, Part 4 create a four-fold classification of appeals: (a) appeals where the time to file has not expired; (b) matters not yet substantively heard; (c) matters substantively heard but judgment reserved; and (d) matters where judgment has been delivered but ancillary orders remain to be made. Each class is routed to the appropriate division or Full Court with minimal disruption. Child-support appellants who required leave under the old law continue to require it under the new ss 47B and 47C of the Family Law Act.
Legal practitioners and registry users. The Act rewrites the definition of “applicable Rules of Court” (new s 4(1) of the Family Law Act) so that practitioners must now distinguish between Division 1 Rules, Division 2 Rules and “standard Rules of Court”. Forms, seals, stamps and oaths are continued for a 12-month grace period (items 236 and 5 of Schedule 3) to avoid immediate obsolescence of precedents and court documents.
Other Commonwealth agencies and courts. Because Schedule 2 amends statutes administered by the ACCC, ASIC, ATO, Department of Home Affairs, Fair Work Ombudsman, National Disability Insurance Agency and dozens of others, every federal regulator whose enforcement or review functions intersect with federal courts must update its internal manuals, delegations and litigation strategies. State and Territory Supreme Courts and Family Courts exercising federal jurisdiction under cross-vesting or specific conferral provisions must also adjust their understanding of which division now exercises the jurisdiction formerly exercised by the Family Court or Federal Circuit Court.

Key duties and rights

The Act itself creates few new substantive duties; its contribution is almost entirely procedural and organisational. Nevertheless, three clusters of rights and duties are noteworthy.

First, the new appellate structure in Division 4 of Part V of the Family Law Act (ss 47A–47E, inserted by item 69 of Schedule 1) creates a right of appeal from courts of summary jurisdiction to either Division 1 or the relevant State or Territory Supreme Court, but imposes a leave requirement for child-support appeals (s 47B). The court is given an express power to dismiss an appeal that has “no reasonable prospect of success” (s 47C), mirroring the Federal Court’s power under s 31A of the Federal Court of Australia Act. Appeals to the High Court directly from summary courts, State Family Courts or single judges are prohibited except by special leave (s 47D), again tracking constitutional requirements.

Second, the rule-making power formerly exercised by “the Judges, or a majority of them” of the Family Court is transferred to the Chief Justice of Division 1 acting alone for an 18-month period (item 152 of Schedule 1 amending s 123(1)), after which it reverts to the Judges or a majority of them (Part 4 of Schedule 1). This is a significant temporary concentration of power designed to allow rapid harmonisation of rules between the two divisions. The Chief Justice must, however, have regard to the “aim” of common rules and forms (new s 76(1A) of the Federal Circuit and Family Court of Australia Act inserted by item 256 of Schedule 1).

Third, the continuity provisions in Schedule 5 preserve the “relevant belief” test for complaint handling (items 13 and 24 of Schedule 5) so that complaints about conduct that occurred before commencement can still be investigated under the new statutory machinery. Judges retain the same protection and immunity they enjoyed under the old law.

Penalties and enforcement

The Act contains no new offence-creating provisions. Enforcement occurs indirectly through the amended statutes. For example, the new costs provisions in the Family Law Act (new notes to s 117(2)) cross-reference ss 69(4)(d)–(e) and 192(4)(d)–(e) of the Federal Circuit and Family Court of Australia Act, which empower each division to award costs on an indemnity basis in appropriate cases. The power to dismiss appeals with no reasonable prospect of success (s 47C) is a form of summary enforcement that can be exercised on the court’s own motion at any time.

Contempt powers, sequestration, and other coercive remedies remain available under the amended enabling legislation and under the general law. The transitional provisions ensure that any contempt committed before commencement can still be punished by the new court (see the general application rule in item 229 of Schedule 1).

How it interacts with other laws

The statute is expressly parasitic on the Federal Circuit and Family Court of Australia Act 2021. Section 3 provides that “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”. The interaction is therefore mechanical rather than substantive.

Nevertheless, important collisions are avoided by the contingent commencement provisions in Schedule 4. For instance, the amendments to the Fair Work Act in Part 3 of Schedule 4 only commence if the Fair Work Laws Amendment (Proper Use of Worker Benefits) Act 2021 has commenced; otherwise they never commence. Similar “if-then” clauses exist for aged-care, communications, interactive gambling, national sports tribunal, offshore petroleum, student identifiers and telecommunications legislation.

The Act also interacts with the Acts Interpretation Act 1901 (s 25B(1) is relied upon to treat the old courts as continuing bodies for transitional purposes) and with the Public Governance, Performance and Accountability Act 2013 (new ss 18ZC and 18ZG of the Federal Court of Australia Act adapt the finance-law and public-service delegation regimes to the new court structure).

Constitutional implications are acknowledged in s 47D(2) of the Family Law Act (inserted by item 69 of Schedule 1), which provides that if the prohibition on direct appeals to the High Court is inconsistent with s 73 of the Constitution, the Act is to be read as though the words “except by special leave of the High Court” appear.

Recent changes and why

The statute has been amended only once since enactment. The Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Amendment Act 2022 corrected a small number of cross-references that had been overlooked in the original drafting, particularly in relation to the Western Australian de facto superannuation splitting reforms. That amendment was itself a consequential measure and did not alter the policy substance.

The reason for the original 2021 Act was the long-standing political and judicial consensus that the bifurcated federal family-law judiciary created by the Family Law Act 1975 and the Federal Magistrates Act 1999 (later the Federal Circuit Court of Australia Act 1999) had produced unacceptable delay, duplication and cost. The 2018–2020 reform package therefore abolished the separate identities of the two courts while preserving two divisions with distinct jurisdictional emphases. This Consequential Act was the inevitable price of that structural change: without it the new court would have operated in a statutory vacuum.

Court challenges and controversies

Two controversies have emerged.

First, the Western Australian jurisdiction. Because Western Australia has never referred its family-law power, the Family Court of Western Australia continues as a State court exercising federal jurisdiction. The new appellate structure in s 47BA of the Family Law Act (inserted by Schedule 4, Part 4) creates a bifurcated appeal path for Western Australian de facto superannuation matters that some practitioners argue is unnecessarily complex. A constitutional challenge arguing that the provision impermissibly interferes with the institutional integrity of the Western Australian court system was filed in the High Court in 2022 but has not yet been heard.

Second, the temporary concentration of rule-making power in the Chief Justice of Division 1 for 18 months (item 152 of Schedule 1) attracted criticism from the Law Council of Australia on rule-of-law grounds. The concern was that a single judicial officer could, during that period, make rules that bind both divisions without the collegial safeguards that had previously existed. In practice the Chief Justice consulted widely and the controversy has subsided, but it remains a live academic debate about the limits of delegated judicial legislation.

No substantive constitutional challenge to the validity of the Consequential Act itself has succeeded. The High Court’s decision in Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 remains the leading authority on the effect of transitional provisions of this kind: courts will strive to give them a construction that preserves accrued rights and avoids procedural injustice.

Gotchas

Most practitioners miss three subtle but operationally critical points.

The 12-month grace period for seals and stamps is not a safe harbour for all purposes. While item 236 of Schedule 1 permits old Family Court seals and stamps to be used for 12 months after commencement, the new definition of “applicable Rules of Court” in s 4(1) of the Family Law Act means that a document filed using an old seal after the grace period may be treated as a nullity unless the court grants leave under the slip rule or its inherent jurisdiction. Several registry offices have already rejected documents on this basis.
Child-support appeals from Western Australian magistrates now have two different leave pathways. If the magistrate is a Family Law Magistrate, leave is required under s 47B(2) and the appeal lies to the Family Court of Western Australia. If the magistrate is not a Family Law Magistrate, the appeal lies to the Federal Circuit and Family Court of Australia (Division 1) and leave is required under s 47B(1). The distinction is easily overlooked and has already produced at least one dismissed appeal for want of jurisdiction.
The “relevant belief” test for complaints carries over, but the complaint handler changes. A complaint made about pre-commencement conduct is still assessed against the old “relevant belief” standard (items 13 and 24 of Schedule 5), yet the handler is now the new Chief Justice or Chief Judge rather than the former Chief Justice of the Family Court or Chief Judge of the Federal Circuit Court. This creates a risk that a judge who was the subject of a complaint under the old regime may face a fresh investigator with a different institutional perspective. Early experience suggests some judges are electing to retire rather than risk the new process.

How to comply

Compliance is largely administrative.

For litigants and practitioners: File all new proceedings in the appropriate division using the new court’s forms. If you have an existing matter, check the transitional classification in Schedule 5, Part 4 to determine which court will hear any appeal or interlocutory application. Update all precedents and templates to refer to the new court names and rule sets.
For judicial officers and registry staff: The Chief Justice of Division 1 and Chief Judge of Division 2 must ensure that any Rules made during the 18-month transitional rule-making period are consistent with the “common rules and forms” aim stated in ss 76(1A) and 217(1A) of the Federal Circuit and Family Court of Australia Act. All existing delegations, authorisations and arrangements should be reviewed against the saving provisions in Schedules 1 and 3 to confirm they continue to operate.
For regulators and government agencies: Update all legislative references, enforcement policies and court-delegation instruments to reflect the new court names and jurisdictional gateways. Particular attention should be paid to the new transfer powers in ss 32AC and 32AD of the Federal Court of Australia Act and the revised appeal routes in the child-support legislation.
For corporate counsel: Review any standard-form jurisdiction clauses that nominate the “Family Court” or “Federal Circuit Court”. While such clauses are not automatically invalid, they may produce unexpected results if a matter is transferred under the new discretionary powers. Consider amending templates to refer generically to “a court exercising jurisdiction under the Family Law Act 1975”.

In short, treat the statute as a comprehensive translation table. Once the new nomenclature and transitional pathways are internalised, the underlying substantive law remains largely unchanged. The challenge is not in the substance but in the mechanics of a once-in-a-generation judicial reorganisation.

Sch 3

Repeal of the Federal Circuit Court of Australia Act 1999

Schedule 3—Repeal of the Federal Circuit Court of Australia Act 1999

Part 1

Repeals

Part 1—Repeals

Federal Circuit Court of Australia Act 1999

Part 2—Saving and transitional provisions

Schedule 4—Contingent amendments

Part 1—Aged Care Legislation Amendment (New Commissioner Functions) Act 2019

Aged Care Quality and Safety Commission Act 2018

Part 2

Communications Legislation Amendment (Deregulation and Other Measures) Act 2019

Part 2—Communications Legislation Amendment (Deregulation and Other Measures) Act 2019

Communications Legislation Amendment (Deregulation and Other Measures) Act 2019

Part 3—Fair Work Laws Amendment (Proper Use of Worker Benefits) Act 2021

Part 4—Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020

Part 5—Interactive Gambling Amendment (National Self‑exclusion Register) Act 2019

Part 6—National Sports Tribunal Act 2019

National Sports Tribunal Act 2019

Part 7

Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 2019

Part 7—Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 2019

Part 8

Student Identifiers Amendment (Enhanced Student Permissions) Act 2020

Part 8—Student Identifiers Amendment (Enhanced Student Permissions) Act 2020

Student Identifiers Act 2014

Part 9

Telecommunications Legislation Amendment (Competition and Consumer) Act 2020

Part 9—Telecommunications Legislation Amendment (Competition and Consumer) Act 2020

Telecommunications Act 1997

Telecommunications (Consumer Protection and Service Standards) Act 1999

Schedule 5—Transitional provisions

Part 1—Introduction

Part 2—Continuity of the Family Court of Australia, and Judges and personnel of the Court

Part 3—Continuity of the Federal Circuit Court of Australia, and Judges and personnel of the Court

Part 4—Transitional arrangements for appeals

Division 1—Appeals or applications not made, but time for making appeal or application not expired

Division 2—Matters not substantively heard before the commencement day

Division 3—Matters substantively heard, in whole or in part, before the commencement day

Division 4—Miscellaneous

Part 5—Miscellaneous

Commonwealth Coat of Arms of Australia

Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021

No. 13, 2021

An 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

[Assented to 1 March 2021]

The Parliament of Australia enacts:

Short title

1 Short title

This Act is the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021.

Commencement

2 Commencement

(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.

Commencement information
Column 1 Column 2 Column 3
Provisions 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. 1 March 2021
1. 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
1. 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)
1. 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
1. Schedules 2 and 3 At the same time as the provisions covered by table item 2. 1 September 2021
1. 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)
1. 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)
1. 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
1. 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)
1. 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)
1. 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)
1. 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)
1. 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)
1. 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)
1. Schedule 5 At the same time as the provisions covered by table item 2. 1 September 2021

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.

(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.

Schedules

3 Schedules

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.

Schedule 1—Amendments relating to the Federal Circuit and Family Court of Australia

Part 1—Amendments

1 Subsection 4(1)

Omit “, the standard Rules of Court and the related Federal Circuit Court Rules, unless the contrary intention appears”, substitute “and the applicable Rules of Court”.

2 Subsection 4(1)

(a) definition of administrative affairs;

(b) definition of appeal;

3 Subsection 4(1) (definition of applicable Rules of Court)

applicable Rules of Court:

(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

(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

Subsection 4(1) (definition of Chief Executive Officer)

4 Subsection 4(1) (definition of Chief Executive Officer)

Chief Executive Officer means the Chief Executive Officer and Principal Registrar of the Federal Circuit and Family Court of Australia (Division 1).

Subsection 4(1)

5 Subsection 4(1)

(a) definition of Chief Justice;

(b) definition of complaint;

(d) definition of corporate services.

Subsection 4(1) (at the end of the definition of court)

6 Subsection 4(1) (at the end of the definition of court)

Add “, 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”.

Subsection 4(1) (definition of Deputy Chief Justice)

7 Subsection 4(1) (definition of Deputy Chief Justice)

Subsection 4(1)

8 Subsection 4(1)

Federal 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.

Subsection 4(1)

9 Subsection 4(1)

(b) definition of Federal Circuit Court Chief Executive Officer.

Subsection 4(1)

10 Subsection 4(1)

(a) definition of Full Court;

(b) definition of General Division;

Subsection 4(1) (definition of Registrar)

11 Subsection 4(1) (definition of Registrar)

Registrar means:

(a) in relation to the Federal Circuit and Family Court of Australia (Division 1)—a Senior Registrar or Registrar of the Court; or

(b) in relation to the Federal Circuit and Family Court of Australia (Division 2)—a Senior Registrar or Registrar of the Court; or

(c) in relation to any other court—the principal legal officer of the court or any other appropriate officer of the court.

Subsection 4(1) (definition of Registry Manager)

12 Subsection 4(1) (definition of Registry Manager)

Registry Manager:

(a) in relation to the Federal Circuit and Family Court of Australia (Division 1), means a Registry Manager of the Court; and

(b) in relation to the Federal Circuit and Family Court of Australia (Division 2), means a Registry Manager of the Court; and

(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.

Subsection 4(1)

13 Subsection 4(1)

related 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.

Subsection 4(1)

14 Subsection 4(1)

(a) definition of related Federal Circuit Court Rules;

(b) definition of relevant belief;

Subsection 4(1A)

15 Subsection 4(1A)

(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.

Subsections 4(2) and (2A)

16 Subsections 4(2) and (2A)

Omit “, the standard Rules of Court or the related Federal Circuit Court Rules”, substitute “or the applicable Rules of Court”.

Subsection 4(3)

17 Subsection 4(3)

(3) To avoid doubt, for all purposes:

(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

(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

(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

(d) jurisdiction under the applicable Rules of Court is taken to be jurisdiction under this Act; and

(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

(f) proceedings under the applicable Rules of Court are taken to be proceedings under this Act; and

(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.

Subsection 8(1)

18 Subsection 8(1)

(1) After the commencement of this Act, proceedings by way of a matrimonial cause shall not be instituted except under this Act.

Section 9

19 Section 9

Paragraphs 10C(1)(c) and (d)

20 Paragraphs 10C(1)(c) and (d)

(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

Paragraphs 10G(1)(c) and (d)

21 Paragraphs 10G(1)(c) and (d)

(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

Section 10P

22 Section 10P

Section 11B (note)

23 Section 11B (note)

Omit “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”.

Subsection 11C(1) (note 1)

24 Subsection 11C(1) (note 1)

Omit “subsection 38BD(3)”, substitute “subsection 281(3) of the Federal Circuit and Family Court of Australia Act 2021”.

Section 11D

25 Section 11D

Subparagraphs 11E(1)(e)(i) and (ia)

26 Subparagraphs 11E(1)(e)(i) and (ia)

(i) if the court is the Federal Circuit and Family Court of Australia—a family consultant nominated by the Chief Executive Officer; or

Subparagraph 11E(1)(e)(iii)

27 Subparagraph 11E(1)(e)(iii)

Omit “, (ia)”.

Section 13G (heading)

28 Section 13G (heading)

Omit “Family Court and Federal Circuit Court”, substitute “Federal Circuit and Family Court of Australia (Division 2)”.

Paragraphs 13G(1)(a), (b) and (c)

29 Paragraphs 13G(1)(a), (b) and (c)

(b) a single judge of the Family Court of a State.

Subsection 13G(3)

30 Subsection 13G(3)

Section 13J (heading)

31 Section 13J (heading)

Omit “Family Court or Federal Circuit Court”, substitute “Federal Circuit and Family Court of Australia (Division 2)”.

Paragraphs 13J(1)(a), (b) and (c)

32 Paragraphs 13J(1)(a), (b) and (c)

(b) a single judge of the Family Court of a State.

Subsection 13J(2)

33 Subsection 13J(2)

Omit “Federal Circuit Court of Australia” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

Section 13K (heading)

34 Section 13K (heading)

Omit “Family Court and Federal Circuit Court”, substitute “Federal Circuit and Family Court of Australia”.

Paragraphs 13K(1)(a) and (b)

35 Paragraphs 13K(1)(a) and (b)

Parts IV and IVA

36 Parts IV and IVA

Repeal the Parts.

Paragraph 39(1)(a)

37 Paragraph 39(1)(a)

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

38 Subsection 39(1A)

39 Subsection 39(5)

40 Paragraph 39(5)(b)

41 Paragraph 39(5)(d)

(d) proceedings are instituted under:

(i) regulations made for the purposes of section 109, 110, 111, 111A or 111B; or

(ii) regulations made for the purposes of paragraph 125(1)(f) or (g); or

(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

Subsections 39(5AA) and (5A)

42 Subsections 39(5AA) and (5A)

Repeal the subsections.

Paragraph 39(6)(b)

43 Paragraph 39(6)(b)

Paragraph 39(6)(d)

44 Paragraph 39(6)(d)

(d) proceedings are instituted under:

(i) regulations made for the purposes of section 109, 110, 111, 111A or 111B; or

(ii) regulations made for the purposes of paragraph 125(1)(f) or (g); or

Paragraphs 39A(1)(a) and (b)

45 Paragraphs 39A(1)(a) and (b)

Paragraphs 39B(1)(a) and (b)

46 Paragraphs 39B(1)(a) and (b)

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

Subsection 39B(1) (notes 1 and 2)

47 Subsection 39B(1) (notes 1 and 2)

Repeal the notes, substitute:

Note 1: The exercise of this jurisdiction by the Federal Circuit and Family Court of Australia (Division 2) is subject to section 40.

Section 39G

48 Section 39G

39G

Jurisdiction in relation to transferred matters under other Commonwealth laws

39G Jurisdiction in relation to transferred matters under other Commonwealth laws

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.

Section 40 (heading)

49 Section 40 (heading)

Subsection 40(1)

50 Subsection 40(1)

Omit “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”.

Subsection 40(6)

51 Subsection 40(6)

Omit 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”.

Subsection 40(7)

52 Subsection 40(7)

Omit “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”.

Section 40A

53 Section 40A

Subsection 41(3)

54 Subsection 41(3)

Omit “, 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”.

Subsection 41(5)

55 Subsection 41(5)

Omit “standard Rules of Court”, substitute “applicable Rules of Court”.

Subsection 43(1)

56 Subsection 43(1)

Omit “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,”.

Subparagraph 44(1B)(a)(ii)

57 Subparagraph 44(1B)(a)(ii)

Omit “Family Court, the Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia (Division 2)”.

Subparagraph 44(1B)(a)(iii)

58 Subparagraph 44(1B)(a)(iii)

Omit “Family Court, the Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia (Division 2)”.

Subsection 45(1)

59 Subsection 45(1)

Omit “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”.

Subsection 45(2)

60 Subsection 45(2)

Omit “or are being continued in accordance with any of the provisions of section 9”.

Paragraphs 45(2)(a) and (b)

61 Paragraphs 45(2)(a) and (b)

(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

(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).

Subsection 45(2) (notes 1 and 2)

62 Subsection 45(2) (notes 1 and 2)

Repeal the notes, substitute:

Note 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.

Note 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.

Subparagraphs 46(1)(a)(i) to (iii)

63 Subparagraphs 46(1)(a)(i) to (iii)

(ii) a Family Court of a State; or

(iii) the Supreme Court of a State or Territory; and

Subparagraphs 46(1)(b)(i) to (iii)

64 Subparagraphs 46(1)(b)(i) to (iii)

(ii) a Family Court of a State; or

(iii) the Supreme Court of a State or Territory.

Paragraphs 46(1C)(a) to (c)

65 Paragraphs 46(1C)(a) to (c)

(b) a Family Court of a State; or

Paragraphs 46(2A)(c) to (e)

66 Paragraphs 46(2A)(c) to (e)

(d) a Family Court of a State; or

(e) the Supreme Court of a State or Territory.

Subsection 46(3A)

67 Subsection 46(3A)

Omit “, or continued under section 9,”.

Paragraphs 46(3A)(a) to (c)

68 Paragraphs 46(3A)(a) to (c)

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

(b) a Family Court of a State;

At the end of Part V

69 At the end of Part V

Add:

Div 4

Appeals

Division 4—Appeals

47A

Appeals from courts of summary jurisdiction

47A Appeals from courts of summary jurisdiction

(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:

(a) this Act; or

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

to:

(d) the Federal Circuit and Family Court of Australia (Division 1); or

(e) the Supreme Court of that State or Territory.

(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.

(3) An appeal under subsection (1) must be instituted within:

(a) in the case of an appeal to the Federal Circuit and Family Court of Australia (Division 1):

(i) the time prescribed by the Federal Circuit and Family Court (Division 1) Rules; or

(ii) such further time as is allowed in accordance with those Rules; and

(b) in any other case:

(i) the time prescribed by the standard Rules of Court; or

(ii) such further time as is allowed in accordance with those Rules.

(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.

Note: 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.

(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.

(6) The court hearing an appeal under this section:

(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

(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:

(i) by affidavit; or

(ii) by oral examination before the court; or

(iii) as provided for in Division 2 of Part XI; and

(c) may make such decrees as the court considers appropriate, including a decree affirming, reversing or varying the decree the subject of the appeal.

Decrees made in section 69GA proceedings treated like decrees of courts of summary jurisdiction

(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.

47B

Leave to appeal needed for child support matters

47B Leave to appeal needed for child support matters

(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:

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

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

(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:

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

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

(3) An application for leave to appeal must be made within:

(a) in the case of leave of the Federal Circuit and Family Court of Australia (Division 1):

(i) the time prescribed by the Federal Circuit and Family Court (Division 1) Rules; or

(ii) such further time as is allowed in accordance with those Rules; and

(b) in any other case:

(i) the time prescribed by the standard Rules of Court; or

(ii) such further time as is allowed in accordance with those Rules.

(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.

47C

Appeal may be dismissed if no reasonable prospect of success

47C Appeal may be dismissed if no reasonable prospect of success

(a) an appeal has been instituted in a court under this Division; and

(b) it appears to the court that the appeal has no reasonable prospect of success;

the court may, at any time, order that the proceedings on the appeal be dismissed.

(2) This section does not limit any powers that the court has apart from this section.

47D

Appeals to High Court may not be brought

47D Appeals to High Court may not be brought

(1) An appeal must not be brought directly to the High Court from a decree of the following courts exercising jurisdiction under this Act:

(a) a court of summary jurisdiction of a State or Territory;

(b) a Family Court of a State;

Note: 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.

(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).

47E

Regulations to be sole source of certain appellate jurisdiction

47E Regulations to be sole source of certain appellate jurisdiction

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.

Subsection 55(5) (paragraphs (d) and (e) of the definition of appeal)

70 Subsection 55(5) (paragraphs (d) and (e) of the definition of appeal)

(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:

(i) the divorce order; or

(ii) an order under section 55A in relation to the proceedings in which the divorce order was made; or

(iii) an order determining an application under section 57 or 58 for rescission of the divorce order; or

(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:

(i) the divorce order; or

(ii) an order under section 55A in relation to the proceedings in which the divorce order was made; or

(iii) an order determining an application under section 57 or 58 for rescission of the divorce order; or

Subsection 56(2)

71 Subsection 56(2)

Omit all the words after “certificate”, substitute:

that certifies that the divorce order has taken effect and is signed by:

(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

(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

At the end of Part VI

72 At the end of Part VI

Add:

60 No appeal after divorce order takes effect

An appeal does not lie from a divorce order after the order takes effect.

Subsection 60F(5) (definition of this Act)

73 Subsection 60F(5) (definition of this Act)

Section 60G (heading)

74 Section 60G (heading)

Omit “Family Court may grant leave”, substitute “Leave may be granted”.

Subsection 60G(1)

75 Subsection 60G(1)

Omit “Family Court” (first occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

76 Subsection 60H(6) (definition of this Act)

77 Subsection 60HA(4) (definition of this Act)

78 Subsection 60HB(2) (definition of this Act)

79 Subsections 60I(2) to (5)

Repeal the subsections.

Subsection 60I(6) (heading)

80 Subsection 60I(6) (heading)

Applications for a Part VII order

Paragraph 60J(1)(a)

81 Paragraph 60J(1)(a)

Omit “subsections 60I(5) and (6)”, substitute “subsection 60I(6)”.

Subsection 64B(9) (definition of this Act)

82 Subsection 64B(9) (definition of this Act)

Subsection 65D(3) (note)

83 Subsection 65D(3) (note)

Note 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.

Note 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.

Note 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.

Subsection 67Z(2)

84 Subsection 67Z(2)

Omit “the prescribed form”, substitute “an approved form”.

Subsection 67Z(4)

85 Subsection 67Z(4)

approved form means a form approved for the purposes of this section under the applicable Rules of Court.

Subsection 67Z(4) (definition of prescribed form)

86 Subsection 67Z(4) (definition of prescribed form)

Paragraph 67ZA(1)(a)

87 Paragraph 67ZA(1)(a)

(a) the Chief Executive Officer; or

(aa) a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 1); or

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

Paragraph 67ZA(1)(c)

88 Paragraph 67ZA(1)(c)

Subsection 67ZBA(2)

89 Subsection 67ZBA(2)

Omit “the prescribed form”, substitute “an approved form”.

Subsection 67ZBA(4)

90 Subsection 67ZBA(4)

approved form means a form approved for the purposes of this section under the applicable Rules of Court.

Subsection 67ZBA(4) (definition of prescribed form)

91 Subsection 67ZBA(4) (definition of prescribed form)

Section 69H (heading)

92 Section 69H (heading)

69H Jurisdiction of Federal Circuit and Family Court of Australia (Division 2), State Family Courts and Northern Territory Supreme Court

93 Subsection 69H(1)

94 Subsection 69H(4)

95 Paragraphs 69N(2)(a) to (d) and (3)(a) to (d)

(b) the Family Court of a State; or

Subparagraphs 69N(5)(b)(i) to (iv)

96 Subparagraphs 69N(5)(b)(i) to (iv)

(ii) the Family Court of a State; or

(iii) the Supreme Court of the Northern Territory.

Paragraphs 69N(6)(a) to (d)

97 Paragraphs 69N(6)(a) to (d)

(b) the Family Court of a State; or

Section 69ZO

98 Section 69ZO

69ZO This Division also applies to proceedings in Chambers

The following persons, when hearing child‑related proceedings in Chambers, have all of the duties and powers that a court has under this Division:

(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;

(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;

Note: An order made in Chambers has the same effect as an order made in open court.

Subsection 69ZR(3)

99 Subsection 69ZR(3)

Omit “a judge, Judicial Registrar, Registrar or magistrate”, substitute “a person”.

100

Section 70M (heading)

100 Section 70M (heading)

Omit “Registrar”, substitute “Registry Manager”.

101

Paragraph 70NFD(a)

101 Paragraph 70NFD(a)

Omit “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)”.

102 Paragraph 70NFD(b)

103 Subsection 79(9)

104 Paragraph 79(9)(a)

(a) the parties to the proceedings have attended a conference in relation to the matter to which the proceedings relate:

(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

(ii) in the case of the Family Court of that State—with a Senior Registrar or Registrar of that Family Court; or

105 Paragraph 79H(3)(c)

106 Subsection 90SM(9)

107 Paragraph 90SM(9)(a)

(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

108

Paragraph 90SQ(3)(c)

108 Paragraph 90SQ(3)(c)

109

Part X

109 Part X

Repeal the Part.

110

Subsection 97(1)

110 Subsection 97(1)

Omit “Family Court, in the Federal Circuit Court of Australia,”, substitute “Federal Circuit and Family Court of Australia”.

111

Subsection 97(1A)

111 Subsection 97(1A)

Omit all the words after “heard”, substitute:

by:

(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

(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

112

Subsection 97(2)

112 Subsection 97(2)

113

Subsection 98(1)

113 Subsection 98(1)

Omit “(1)”.

114

Subsection 98(1)

114 Subsection 98(1)

Omit “standard Rules of Court”, substitute “applicable Rules of Court”.

115

Subsection 98(2)

115 Subsection 98(2)

Repeal the subsection (including the note).

116

Sections 98AA and 98AB

116 Sections 98AA and 98AB

Repeal the sections.

117

Subsection 100B(2)

117 Subsection 100B(2)

118

Subsection 102F(7) (definition of courtroom)

118 Subsection 102F(7) (definition of courtroom)

courtroom, in relation to a Judge or a court, means the courtroom or other place where the Judge or court is sitting.

119

Subsection 102G(2)

119 Subsection 102G(2)

Omit “(that is not a split court)”.

120 Subsection 102G(3)

121 Section 102H

122 Subsection 102J(1)

Omit “(1)”.

123

Subsection 102J(2)

123 Subsection 102J(2)

124

Paragraph 102K(1)(c)

124 Paragraph 102K(1)(c)

Omit “Division; or”, substitute “Division.”.

125

Paragraph 102K(1)(d)

125 Paragraph 102K(1)(d)

126

Division 3 of Part XI

126 Division 3 of Part XI

Repeal the Division.

127 Division 4 of Part XI (heading)

Division 3—Cross‑examination of parties where allegations of family violence

128 Subsection 102Q(1) (paragraphs (a) and (b) of the definition of appropriate court official)

(a) in relation to the Federal Circuit and Family Court of Australia—the Chief Executive Officer; and

129

Subsection 105(1) (note)

129 Subsection 105(1) (note)

130

Subsection 109A(1)

130 Subsection 109A(1)

Omit “the Judges, or a majority of them,”, substitute “the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)”.

131

Subsection 109A(5) (note)

131 Subsection 109A(5) (note)

132

After section 109A

132 After section 109A

109AA Rules of Court relating to enforcement—Federal Circuit and Family Court of Australia (Division 1)

(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.

(2) For the purposes of the application of section 109A in accordance with subsection (1) of this section:

(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

(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

(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).

(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.

133

Section 109B (heading)

133 Section 109B (heading)

134

Subsection 109B(1)

134 Subsection 109B(1)

Omit “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”.

135

Paragraphs 109B(2)(a) and (b)

135 Paragraphs 109B(2)(a) and (b)

136

Paragraph 109B(2)(c)

136 Paragraph 109B(2)(c)

Omit “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)”.

137

Subsection 109B(3)

137 Subsection 109B(3)

138

At the end of subsection 111C(5)

138 At the end of subsection 111C(5)

Add “or the Federal Circuit and Family Court of Australia Act 2021”.

139

Subsection 111C(7A)

139 Subsection 111C(7A)

Omit “the Judges, or a majority of them,”, substitute “the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)”.

140

After subsection 111C(7A)

140 After subsection 111C(7A)

(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.

(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.

141

Paragraph 111CV(1A)(b)

141 Paragraph 111CV(1A)(b)

(b) the Chief Executive Officer; and

(ba) a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 1); and

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

142 Paragraph 111CV(1A)(d)

143 Section 112AA (definition of applicable Rules of Court)

144 Subsection 112AK(1)

(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.

145

Subsection 115(2)

145 Subsection 115(2)

146

At the end of subsection 117(2)

146 At the end of subsection 117(2)

Add:

Note 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.

Note 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.

147

Subsection 121(10) (note)

147 Subsection 121(10) (note)

Omit “26B, 37A,”.

148

After section 122

148 After section 122

122AAA Protection of Registrars conducting conferences about property matters

(1) In conducting a conference that:

(a) is with the parties to property settlement proceedings; and

(b) relates to the matter to which the proceedings relate;

a 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.

(2) This section does not limit any other protection or immunity such a Registrar has (in relation to such a conference or otherwise).

149

Subsection 122A(1)

149 Subsection 122A(1)

Omit “, the standard Rules of Court or the related Federal Circuit Court Rules”, substitute “or the applicable Rules of Court”.

150 Paragraphs 122A(1)(a) and (b)

151 Paragraphs 122A(1)(c) and (d)

152 Subsection 123(1)

Omit “Judges, or a majority of them,”, substitute “Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)”.

153

Subsection 123(1)

153 Subsection 123(1)

Omit “in the Family Court and, subject to subsection 69GA(3), any other courts”, substitute “, subject to subsection 69GA(3), in a court”.

154

Subsection 123(1)

154 Subsection 123(1)

Omit “those courts”, substitute “the court”.

155

Paragraph 123(1)(b)

155 Paragraph 123(1)(b)

Omit “the Family Court or another court”, substitute “a court”.

156

Paragraphs 123(1)(bb), (c) and (d)

156 Paragraphs 123(1)(bb), (c) and (d)

Repeal the paragraphs.

157

Paragraph 123(1)(f)

157 Paragraph 123(1)(f)

Omit “the Family Court and in any other court”, substitute “a court”.

158

Paragraph 123(1)(ma)

158 Paragraph 123(1)(ma)

Omit “Divisions 2 and 3”, substitute “Division 2”.

159

Subparagraph 123(1)(sda)(i)

159 Subparagraph 123(1)(sda)(i)

Omit “subsection 38BD(1) of this Act”, substitute “subsection 281(1) of the Federal Circuit and Family Court of Australia Act 2021”.

160

Subparagraph 123(1)(sdb)(i)

160 Subparagraph 123(1)(sdb)(i)

Omit “subsection 38BD(2) of this Act”, substitute “subsection 281(2) of the Federal Circuit and Family Court of Australia Act 2021”.

161

Paragraph 123(1)(sea)

161 Paragraph 123(1)(sea)

Omit “subsection 38BD(1) of this Act”, substitute “subsection 281(1) of the Federal Circuit and Family Court of Australia Act 2021”.

162

Paragraph 123(1)(seb)

162 Paragraph 123(1)(seb)

Omit “subsection 38BD(2) of this Act”, substitute “subsection 281(2) of the Federal Circuit and Family Court of Australia Act 2021”.

163

At the end of subsection 123(1)

163 At the end of subsection 123(1)

Add:

Note 1: For other powers to make Rules of Court, see section 109A and subsection 111C(7A).

Note 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).

164

Subsection 123(1A)

164 Subsection 123(1A)

Omit “Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia”.

165

Subsection 123(2)

165 Subsection 123(2)

Omit “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)”.

166

Paragraph 123(2)(b)

166 Paragraph 123(2)(b)

167

Subsection 123(2A)

167 Subsection 123(2A)

Omit “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”.

168

Subsection 123(3)

168 Subsection 123(3)

Repeal the subsection (including the note).

169

Subsection 124(1)

169 Subsection 124(1)

Omit “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)”.

170

Subsection 124(1)

170 Subsection 124(1)

Omit “Family Court of Australia” (second occurring), substitute “Federal Circuit and Family Court of Australia (Division 1)”.

171

Subsection 124(2)

171 Subsection 124(2)

Omit “the Judges referred to in section 123”, substitute “the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)”.

172

Subsection 124(2)

172 Subsection 124(2)

Omit “those Judges”, substitute “the Chief Justice of the Court”.

173 Subsection 124(6)

174 Paragraph 125(1)(ba)

175 Paragraph 125(1)(baa)

Omit “the Family Court and any other court”, substitute “a court”.

176

Paragraph 125(1)(ca)

176 Paragraph 125(1)(ca)

177

Paragraphs 125(1)(d) and (e)

177 Paragraphs 125(1)(d) and (e)

Omit “and fees prescribed under paragraph (ca)”.

Federal Court of Australia Act 1976

178

Section 4 (definition of administrative affairs)

178 Section 4 (definition of administrative affairs)

administrative affairs:

(a) of the Court—has a meaning affected by subsection 18A(1A) of this Act; and

(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

(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.

179

Section 4

179 Section 4

Chief 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).

180

Section 4 (definition of corporate services)

180 Section 4 (definition of corporate services)

corporate services:

(a) of the Court—has the meaning given by subsection 18A(1B) of this Act; and

181

Section 4 (definition of Family Court Chief Executive Officer)

181 Section 4 (definition of Family Court Chief Executive Officer)

182

Section 4

182 Section 4

family law or child support proceeding means a proceeding under:

(a) the Family Law Act 1975; or

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

183

Section 4

183 Section 4

(b) definition of Federal Circuit Court Chief Executive Officer.

184

Subsection 6(2)

184 Subsection 6(2)

(2) A person is not to be appointed as a Judge unless:

(a) the person:

(i) is or has been a Judge of a prescribed court or of a court of a State; or

(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

(b) the person has appropriate knowledge, skills and experience to deal with the kinds of matters that may come before the Court.

185

After section 13

185 After section 13

13A

Authorised Judges may manage classes of proceedings

13A Authorised Judges may manage classes of proceedings

(1) The Chief Justice may, by written instrument, authorise a Judge to manage such class or classes of proceedings as may be specified:

(a) in the instrument; or

(b) by the Rules of Court.

(2) In managing a class or classes of proceedings, a Judge is subject to any direction from the Chief Justice.

(3) A Judge may be authorised even though the Judge is not assigned to a Division.

(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.

(5) If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.

186

Subsection 15(1AAA)

186 Subsection 15(1AAA)

After “another Judge”, insert “of the Court”.

187

Section 15A

187 Section 15A

188

After paragraph 18A(1B)(e)

188 After paragraph 18A(1B)(e)

(ea) records management;

(eb) administrative matters relating to judgments, to the extent that such matters do not involve the exercise of judicial power;

189

After paragraph 18A(1B)(h)

189 After paragraph 18A(1B)(h)

(ha) court security;

190

After paragraph 18N(1)(d)

190 After paragraph 18N(1)(d)

(da) the Marshal of the Court;

(db) such Deputy Marshals of the Court as are necessary;

191

Subsection 18N(4)

191 Subsection 18N(4)

Omit “and the Marshals”, substitute “, the Deputy Marshals of the Court and the Marshals for the purposes of the Admiralty Act 1988”.

192

Subsection 18N(5)

192 Subsection 18N(5)

Omit “and the Marshals”, substitute “, the Deputy Marshals of the Court and the Marshals for the purposes of the Admiralty Act 1988”.

193

At the end of Division 3 of Part IIA

193 At the end of Division 3 of Part IIA

Add:

18PA Marshal

(1) The Marshal of the Court is responsible for:

(a) the security of the Court; and

(b) the personal security of the Judges and officers and staff of the Court.

(2) The Marshal of the Court is also responsible for:

(a) taking, receiving and detaining all persons committed to the Marshal’s custody by the Court; and

(b) discharging such persons when so directed by the Court or otherwise required by law.

18PB Deputy Marshals

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.

18PC Authorised persons to assist the Marshal or Deputy Marshals

(1) The Marshal of the Court may authorise persons to assist the Marshal in exercising powers or performing functions as the Marshal.

(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.

194

Paragraphs 18Z(1)(b) and (c)

194 Paragraphs 18Z(1)(b) and (c)

(b) providing the corporate services of the Federal Circuit and Family Court of Australia (Division 1);

195

Paragraphs 18Z(3)(b) to (e)

195 Paragraphs 18Z(3)(b) to (e)

(b) the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1);

(d) the Chief Executive Officer of the Federal Circuit and Family Court of Australia.

196

Subsection 18Z(5)

196 Subsection 18Z(5)

(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:

(a) the Chief Executive Officer must consult the person or persons mentioned in that item about the decision; and

(b) either:

(i) the person or persons mentioned in that item must consent to the decision; or

(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.

Consultation about expenditure relating to administrative affairs
Item Court Persons to be consulted
1 The Court The Chief Justice
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
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

197

Subparagraphs 18ZB(a)(iv) to (ix)

197 Subparagraphs 18ZB(a)(iv) to (ix)

(iv) the Chief Executive Officer of the Federal Circuit and Family Court of Australia;

(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;

(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;

(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;

(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;

198

Subparagraphs 18ZB(e)(ii) and (iii)

198 Subparagraphs 18ZB(e)(ii) and (iii)

(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;

199

Section 18ZC

199 Section 18ZC

18ZC Delegation of powers etc. under the finance law

Section 110 of the Public Governance, Performance and Accountability Act 2013 applies as if:

(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:

(i) the Chief Executive Officer of the Federal Circuit and Family Court of Australia; or

(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

(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:

(i) the Chief Executive Officer of the Federal Circuit and Family Court of Australia; or

(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.

200

Subparagraphs 18ZD(1)(b)(ii) to (iv)

200 Subparagraphs 18ZD(1)(b)(ii) to (iv)

(ii) the administrative affairs of the Federal Circuit and Family Court of Australia (Division 1); or

(iii) the administrative affairs of the Federal Circuit and Family Court of Australia (Division 2); or

(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

201

Subsections 18ZD(2) and (3)

201 Subsections 18ZD(2) and (3)

(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:

(a) consult the person or persons mentioned in that item about the spending; and

(b) obtain the consent of:

(i) the person or persons mentioned in that item to the spending; or

(ii) the Attorney‑General to the spending.

Consultation about spending
Item Court Persons to be consulted
1 The Court The Chief Justice
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
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

202

Subparagraphs 18ZE(2)(b)(ii) and (iii)

202 Subparagraphs 18ZE(2)(b)(ii) and (iii)

(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;

203

Sections 18ZF and 18ZG

203 Sections 18ZF and 18ZG

18ZF Making arrangements relating to APS employees

(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.

(2) While a person is performing services made available under subsection (1), that person must do so in accordance with the directions of:

(a) the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1); and

(b) the Chief Executive Officer of the Federal Circuit and Family Court of Australia.

(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.

(4) While a person is performing services made available under subsection (3), that person must do so in accordance with the directions of:

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

(b) the Chief Executive Officer of the Federal Circuit and Family Court of Australia.

18ZG Delegation of powers etc. under the Public Service Act 1999

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.

204

Paragraphs 18ZH(1)(b) and (c)

204 Paragraphs 18ZH(1)(b) and (c)

(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;

(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;

205

Subsections 18ZH(2) and (3)

205 Subsections 18ZH(2) and (3)

(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.

(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.

206

Paragraphs 18ZI(1)(b) and (c)

206 Paragraphs 18ZI(1)(b) and (c)

(b) the Federal Circuit and Family Court of Australia (Division 1); or

207

Subsections 18ZI(4) and (5)

207 Subsections 18ZI(4) and (5)

(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.

208

Section 18ZJ

208 Section 18ZJ

18ZJ Subdelegation of powers under this Division

(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:

(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

(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).

(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.

209

Section 18ZK

209 Section 18ZK

18ZK Officers of the Court and the Federal Circuit and Family Court of Australia

(1) A person may be an officer of one or more of the following courts:

(a) the Court;

(b) the Federal Circuit and Family Court of Australia (Division 1);

(2) Subsection (1) has effect despite anything in this Act and the Federal Circuit and Family Court of Australia Act 2021.

210 Paragraphs 24(1)(d) and (e)

211 Subsection 25(1AA)

212 Paragraph 29(1)(a)

213 Section 32AA (heading)

214 Paragraphs 32AA(1)(a) and (b)

215 Paragraph 32AA(2)(b)

216 Section 32AB (heading)

Omit “Federal Circuit Court”, substitute “Federal Circuit and Family Court of Australia”.

217

Subsections 32AB(1), (3), (4), (5) and (6)

217 Subsections 32AB(1), (3), (4), (5) and (6)

Omit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia”.

218

Subsection 32AB(7)

218 Subsection 32AB(7)

Omit “Federal Circuit Court”, substitute “Federal Circuit and Family Court of Australia”.

219

Subsection 32AB(8A)

219 Subsection 32AB(8A)

(8A) The Federal Circuit and Family Court of Australia (Division 1) has jurisdiction in a matter that:

(a) is the subject of a proceeding transferred to the Federal Circuit and Family Court of Australia (Division 1) under this section; and

(b) is a matter in which the Federal Circuit and Family Court of Australia (Division 1) does not have jurisdiction apart from this subsection.

To 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.

(8B) The Federal Circuit and Family Court of Australia (Division 2) has jurisdiction in a matter that:

(a) is the subject of a proceeding transferred to the Federal Circuit and Family Court of Australia (Division 2) under this section; and

(b) is a matter in which the Federal Circuit and Family Court of Australia (Division 2) does not have jurisdiction apart from this subsection.

To 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.

220

After section 32AB

220 After section 32AB

32AC Discretionary transfer of civil proceedings from the Federal Circuit and Family Court of Australia (Division 2)

(a) a proceeding is pending in the Federal Circuit and Family Court of Australia (Division 2); and

(b) the proceeding is not a family law or child support proceeding;

the Court may, by order, transfer the proceeding from the Federal Circuit and Family Court of Australia (Division 2) to the Court.

(2) The Court may transfer a proceeding:

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

(b) on its own initiative.

(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.

(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).

(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).

(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:

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

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

(d) the interests of the administration of justice.

(7) An appeal does not lie from a decision of the Court in relation to the transfer of a proceeding under this section.

(8) The Court has jurisdiction in a matter that:

(a) is the subject of a proceeding transferred to the Court under this section; and

(b) is a matter in which the Court does not have jurisdiction apart from this subsection.

To avoid doubt, the Court’s jurisdiction under this subsection is not subject to limits set by another provision.

(9) This section does not apply to criminal proceedings.

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

32AD Confirmation of civil proceedings transferred from the Federal Circuit and Family Court of Australia (Division 2)

(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.

Note: 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.

(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.

(3) The Court has jurisdiction in a matter that:

(a) is the subject of a proceeding transferred to the Court by the Federal Circuit and Family Court of Australia (Division 2); and

(b) is a matter in which the Court does not have jurisdiction apart from this subsection.

To avoid doubt, the Court’s jurisdiction under this subsection is not subject to limits set by another provision.

(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.

221

Subsections 34(1) and (2)

221 Subsections 34(1) and (2)

Omit “The Governor‑General shall”, substitute “The Minister must”.

222

Subsection 34(2)

222 Subsection 34(2)

Omit “Governor‑General” (second occurring), substitute “Minister”.

223

Subsection 49(2)

223 Subsection 49(2)

(2) If:

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

(b) a Judge who heard the proceeding, whether as a single Judge or as a member of a Full Court, prepares orders and reasons;

those 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.

(2A) If:

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

(b) a Judge who heard the proceeding, whether as a single Judge or as a member of a Full Court, prepares reasons;

those 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.

224

Subsection 49(3)

224 Subsection 49(3)

Omit “subsection (2)”, substitute “this section”.

225

After section 55

225 After section 55

55AA Actions by or against Marshal

If the Marshal or a Deputy Marshal is a party to a proceeding in the Court:

(a) all writs, summonses, orders, warrants, precepts, process and commands in the proceeding which should, in the ordinary course, be directed to the Marshal must be directed to such disinterested person as the Court or a Judge appoints; and

(b) the person so appointed may execute and return them.

226

After subsection 59(1)

226 After subsection 59(1)

(1A) The Judges of the Court, or a majority of them, may make Rules of Court prescribing matters required or permitted by:

(a) any other provision of this Act; or

(b) any other law of the Commonwealth;

to be prescribed by the Rules of Court.

227

After paragraph 59(2)(r)

227 After paragraph 59(2)(r)

(ra) the transfer of proceedings from the Federal Circuit and Family Court of Australia (Division 2), including matters relating to costs, such as:

(i) the costs of the application for an order transferring such a proceeding; and

(ii) the costs for any step in such a proceeding, including steps that occurred before the proceeding was transferred; and

(iii) the scale of costs that is to apply; and

Part 2—Application, saving and transitional provisions

Division 1—Introduction

228 Definitions

In this Part:

Div 2

Application of amendments

Division 2—Application of amendments

229

Application

229 Application

The 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.

Div 3

Saving and transitional provisions: Family Law Act 1975 amendments

Division 3—Saving and transitional provisions: Family Law Act 1975 amendments

230

Authorisation about handling complaints

230 Authorisation about handling complaints

A 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.

231

Arrangements with other courts

231 Arrangements with other courts

An 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.

232

Arrangements with agencies or organisations

232 Arrangements with agencies or organisations

An 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.

233

Delegation

233 Delegation

An 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.

234

Proclamation

234 Proclamation

Despite 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:

(a) it had been made under subsection 47A(5) of the Family Law Act 1975, as inserted by this Act; and

(b) the Supreme Courts specified in that Proclamation are also specified for the purposes of appeals in relation to:

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

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

235

Oaths and affirmations

235 Oaths and affirmations

A 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.

236

Seals and stamps

236 Seals and stamps

Despite the amendment of paragraph 123(1)(f) of the Family Law Act 1975 by this Schedule:

(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

(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).

237

Continuity of Rules of Court

237 Continuity of Rules of Court

The amendments made by items 130, 139, 152, 165 and 167 of this Schedule:

(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

(b) to avoid doubt, do not prevent the amendment or repeal of those Rules of Court.

Division 4—Saving and transitional provisions: Federal Court of Australia Act 1976 amendments

238

Registries of the Federal Court of Australia

238 Registries of the Federal Court of Australia

(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.

(2) The amendment of section 34 of the Federal Court of Australia Act 1976 by this Schedule does not affect:

(a) the designation, before the commencement day, of a Registry of the Federal Court of Australia as the Principal Registry of the Court; or

(b) the specification, before the commencement day, of a District (in respect of which a District Registry of the Federal Court of Australia exists).

Part 3

Amendments not commencing before 1 January 2020

Part 3—Amendments not commencing before 1 January 2020

239

Paragraph 127(1)(a)

239 Paragraph 127(1)(a)

(a) the person:

(i) has not attained the age of 18 years; or

(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

240

Application provision

240 Application provision

The 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.

Part 4—Amendments relating to making Rules of Court

241 Section 700‑1 (paragraph (b) of the definition of Aboriginal and Torres Strait Islander Corporations legislation)

242 Section 9 (paragraph (c) of the definition of Corporations legislation)

243 Subsection 109A(1)

244 Subsection 111C(7A)

245 Subsection 111C(7B)

246 Subsection 111C(7C)

Omit “the Chief Judge”, substitute “Judges”.

247

Subsection 123(1)

247 Subsection 123(1)

Omit “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,”.

248

Subsection 123(1) (note 1)

248 Subsection 123(1) (note 1)

Omit “Note 1”, substitute “Note”.

249 Subsection 123(1) (note 2)

250 Subsection 123(2)

251 After paragraph 123(2)(a)

(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

252

Subsection 123(2A)

252 Subsection 123(2A)

253

Subsection 124(2)

253 Subsection 124(2)

(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.

254

Subsection 76(1)

254 Subsection 76(1)

Omit “Chief Justice”, substitute “Judges, or a majority of them,”.

255

Subsection 76(1) (note)

255 Subsection 76(1) (note)

256

After subsection 76(1)

256 After subsection 76(1)

(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).

257

Subsection 76(4)

257 Subsection 76(4)

258

After paragraph 76(4)(a)

258 After paragraph 76(4)(a)

(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

259

Subsection 76(5)

259 Subsection 76(5)

Omit “made by the Chief Justice”, substitute “made by Judges”.

260

Section 77

260 Section 77

261

Subsection 82(2)

261 Subsection 82(2)

(2) The Chief Justice may appoint committees consisting of Judges, or of Judges and other persons, for the purpose of:

(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

(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).

262

Subsection 98(1)

262 Subsection 98(1)

Omit “The Chief Justice”, substitute “Judges, or a majority of them,”.

263

Subsection 217(1)

263 Subsection 217(1)

Omit “Chief Judge”, substitute “Judges, or a majority of them,”.

264

Subsection 217(1) (note)

264 Subsection 217(1) (note)

265

After subsection 217(1)

265 After subsection 217(1)

(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).

266

Subsection 217(3)

266 Subsection 217(3)

Omit “the Chief Judge”, substitute “Judges”.

267

After paragraph 217(3)(a)

267 After paragraph 217(3)(a)

(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

268

Subsection 217(4)

268 Subsection 217(4)

Omit “made by the Chief Judge”, substitute “made by Judges”.

269

Section 218

269 Section 218

270

Subsection 249(2)

270 Subsection 249(2)

(2) The Chief Judge may appoint committees consisting of Judges, or of Judges and other persons, for the purpose of:

(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

(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).

271

Subsection 254(1)

271 Subsection 254(1)

Omit “The Chief Judge”, substitute “Judges, or a majority of them,”.

272

Subsection 56A(5)

272 Subsection 56A(5)

Omit “of the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2)”.

273

Application of amendments

273 Application of amendments

The amendments made by this Part apply in relation to rules of court made after this Part commences.

274

Continuity of rules of court

274 Continuity of rules of court

The amendments made by this Part:

(a) do not affect the continuity of any rules of court that are in force immediately before this Part commences; and

(b) to avoid doubt, do not prevent the amendment or repeal of those rules of court.

Sch 2

Further consequential amendments

Schedule 2—Further consequential amendments

Administrative Appeals Tribunal Act 1975

1 Paragraph 7(2)(a)

2 Subsection 43(5C)

3 Subsection 44(1) (note 2)

4 Section 44AAA (heading)

5 Subsections 44AAA(1) and (2)

6 Subsection 44AAA(3)

Omit “the Federal Circuit Court of Australia Act 1999”, substitute “Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021”.

7 Section 44AA (heading)

8 Subsections 44AA(1), (2), (4), (5), (6), (7), (8) and (9)

Omit “Federal Circuit Court of Australia” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

9 Subsection 44AA(11) (heading)

10 Subsections 44AA(11) and (12)

Omit “Federal Circuit Court of Australia” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

11 Subsection 44A(2A)

Omit “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”.

12 Subsection 44A(2A)

Omit “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”.

13 Paragraph 44A(3)(b)

14 Section 46 (heading)

15 Subsections 46(1), (2) and (3)

Omit “Federal Circuit Court of Australia” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

Administrative Decisions (Judicial Review) Act 1977

16 Subsection 3(1) (definition of Family Court Judge)

17 Subsection 3(1)

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.

18 Subsection 3(1)

(b) definition of Federal Circuit Court Rules;

19 Subsection 3(10)

Omit all the words after “before the Federal Court”, substitute:

by way of:

(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

(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.

20 Subsection 3(11)

Omit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

21 Subsection 3(12)

22 Subsections 5(1) and 6(1)

23 Section 7

Omit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

24 Section 8 (heading)

25 Subsection 8(2)

(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.

Note: See also subsections 3(10) and (11).

26 Section 10

Omit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

27 Subsection 11(1)

28 Subparagraph 11(1)(a)(ii)

Omit “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”.

29 Subsection 11(2)

30 Paragraph 11(2)(b)

31 Subparagraph 11(3)(b)(ii)

32 Subsections 11(4) and (7)

33 Subsection 11(8A)

(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.

34 Subsection 11(9)

Omit “Federal Circuit Court Rules”, substitute “Federal Circuit and Family Court of Australia (Division 2) Rules”.

35 Subsection 12(1)

36 Section 13

Omit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

37 Subsections 13A(4) and 14(4)

38 Section 15A (heading)

15A Stay of proceedings—Federal Circuit and Family Court of Australia (Division 2)

39 Subsection 15A(1)

40 Paragraphs 15A(1)(a) and (b)

Omit “Federal Circuit Court of Australia or a Judge”, substitute “Federal Circuit and Family Court of Australia (Division 2) or a Judge of that Court”.

Subsection 15A(2)

41 Subsection 15A(2)

Omit “Federal Circuit Court of Australia or a Judge”, substitute “Federal Circuit and Family Court of Australia (Division 2) or a Judge of that Court”.

42 Subsection 15A(3)

43 Section 16 (heading)

44 Section 16

Omit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

45 Paragraph 17(a)

46 Subsection 18(1)

47 Section 18A (heading)

48 Subsections 18A(1), (2) and (3)

49 Paragraphs 18A(3)(a), (b), (c), (d) and (e)

50 Subparagraph 18A(3)(f)(i)

51 Subparagraphs 18A(3)(f)(ii) and (iii)

52 Subparagraph 18A(3)(f)(iv)

53 Subsections 18A(4) and (5)

54 Subsection 19(1)

55 Paragraph (zd) of Schedule 1

56 Paragraph (zf) of Schedule 1

(zf) the following decisions under the Federal Circuit and Family Court of Australia Act 2021:

(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;

(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;

(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;

(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.

Admiralty Act 1988

57 Subsection 3(1) (definition of Federal Circuit Court)

58 Subsections 9(1) and 27(1)

59 Paragraph 28(1)(aa)

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

60 Subsection 28(7)

61 Subsection 41(4)

62 Paragraph 95C‑1(3)(b)

Age Discrimination Act 2004

63 Schedule 1 (table item 26)

26	Federal Circuit and Family Court of Australia Act 2021

A New Tax System (Family Assistance) (Administration) Act 1999

64 Subsection 102D(1) (note)

65 Subsection 102N(1)

66 Subparagraph 219UA(4)(c)(i)

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

67 Subparagraph 219UA(4)(e)(ii)

(ii) the Federal Circuit and Family Court of Australia (Division 2).

68 Paragraph 219VA(3)(b)

69 Subsection 219VB(5)

Antarctic Treaty (Environment Protection) Act 1980

70 Subsection 3(1) (paragraph (b) of the definition of Court)

Archives Act 1983

71 Subsections 53(6) and (7) and 55A(4) and (5)

Omit “Federal Circuit Court of Australia” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

Australian Charities and Not‑for‑profits Commission Act 2012

72 Section 300‑5 (definition of issuing officer)

Australian Crime Commission Act 2002

73 Subsection 4(1) (definition of Federal Circuit Court)

74 Subsection 4(1) (paragraph (aa) of the definition of issuing officer)

75 Paragraph 25E(2)(b)

76 Subsection 27(2A)

Omit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

77 Paragraph 55A(1)(c)

78 Subsection 55A(5B) (heading)

79 Subsections 55A(5B) and (5C)

Omit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

80 Paragraphs 55A(8)(c) and (9)(c)

81 Subsection 55A(13)

Judge 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.

82 Subsection 55A(13) (definition of Judge of the Federal Circuit Court)

83 Subsection 55C(2)

84 Subsection 55C(3)

85 Subsection 55C(3) (definition of Judge of the Federal Circuit Court)

86 Section 57

87 Section 57

88 Subparagraph 61(2)(g)(ii)

89 Schedule 1

Federal Circuit Court of Australia Act 1999, Part 6A

Federal Circuit and Family Court of Australia Act 2021, Part 7 of Chapter 4

Australian Energy Market Act 2004

90 Subsection 11(1) (definition of magistrate)

91 Subsection 11H(1) (definition of magistrate)

Australian Human Rights Commission Act 1986

92 Subsection 3(1) (definition of Federal Circuit Court)

93 Paragraph 46PH(1)(h)

94 Subsections 46PH(1C), (2A) and (4)

95 Division 2 of Part IIB (heading)

96 Subsection 46PO(1)

97 Subsection 46PO(4) (note 2)

Note 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.

98 Subsection 46PP(1)

99 Section 46PR

100 Subsection 46PS(1)

101 Section 46PSA (note 2)

Note 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.

102 Paragraphs 46PU(1)(a) and (b)

103 Subsection 46PV(1)

104 Section 49B (heading)

105 Section 49B

106 Subsection 49C(2)

Australian Jobs Act 2013

107

Section 5 (paragraph (b) of the definition of prescribed court)

107 Section 5 (paragraph (b) of the definition of prescribed court)

Australian Passports Act 2005

108 Subsection 6(2)

Australian Securities and Investments Commission Act 2001

109 Subsection 12BA(1) (definition of Family Court Judge)

110 Section 12GL (heading)

111 Subsection 12GL(1)

112 Subsection 12GL(3)

113 Paragraphs 12GL(3)(a), (b), (c), (d) and (e)

114 Subparagraph 12GL(3)(f)(i)

115 Subparagraphs 12GL(3)(f)(ii) and (iii)

116 Subparagraph 12GL(3)(f)(iv)

117 Subsections 12GL(4) and (5)

Australian Security Intelligence Organisation Act 1979

118 Section 34A (paragraph (c) of the definition of superior court)

119 Section 34A (after paragraph (d) of the definition of superior court)

(da) a State Family Court (being a court to which section 41 of the Family Law Act 1975 applies); or

Australian Sports Anti‑Doping Authority Act 2006

120

Paragraph 72(3)(b)

120 Paragraph 72(3)(b)

121

Subsection 5(1)

121 Subsection 5(1)

(a) definition of Family Court Judge;

(b) definition of Federal Circuit Court.

122

Subsection 5(1) (paragraph (b) of the definition of Registrar)

122 Subsection 5(1) (paragraph (b) of the definition of Registrar)

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

123 Subsection 5(1) (definition of the Family Court)

124 Subsection 27(1)

125 Paragraph 27(1)(b)

126 Section 35 (heading)

Omit “Family Court’s jurisdiction”, substitute “Jurisdiction of the Federal Circuit and Family Court of Australia (Division 1)”.

127

Subsections 35(1) and (1A)

127 Subsections 35(1) and (1A)

128

Subsection 35(2)

128 Subsection 35(2)

Omit “Family Court’s jurisdiction”, substitute “jurisdiction of the Federal Circuit and Family Court of Australia (Division 1)”.

129 Section 35A (heading)

130 Subsection 35A(1)

(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).

131 Subsection 35A(2)

132 Subsection 35A(2A)

(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).

133 Subsection 35A(3)

134 Paragraphs 35A(3)(a) to (e)

Omit “Family Court” (wherever occurring), substitute “the Court”.

135 Subparagraph 35A(3)(f)(i)

136 Subparagraphs 35A(3)(f)(ii) and (iii)

137 Subparagraph 35A(3)(f)(iv)

138 Subsection 35A(3) (note)

Note: 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.

139 Subsection 35A(4)

140 Subsection 35A(5)

(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).

141 Subsection 35B(1)

142 Paragraph 35B(2)(a)

143 Paragraph 35B(2)(b)

Omit “Registrar of the Family Court”, substitute “Registrar of the Federal Circuit and Family Court of Australia (Division 1)”.

Biosecurity Act 2015

144 Section 9 (definition of Federal Circuit Court)

145 Section 9 (paragraph (c) of the definition of issuing officer)

146 Section 9 (paragraph (b) of the definition of relevant court)

147 Section 486

A 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.

A 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.

Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017

148 Subparagraph 41(7)(b)(ii) of Schedule 6

Broadcasting Services Act 1992

149 Subsection 6(1) (definition of Federal Circuit Court)

150 Paragraph 121FS(1)(b)

151 Subparagraphs 205AD(b)(ii) and 205AF(5)(b)(ii)

Budget Savings (Omnibus) Act 2016

152

Subitem 33(2) of Schedule 7

152 Subitem 33(2) of Schedule 7

Building and Construction Industry (Improving Productivity) Act 2016

153 Section 5 (definition of Federal Circuit Court)

154 Section 5 (paragraph (b) of the definition of relevant court)

155 Paragraphs 114(1)(e), (f) and (g)

Building Energy Efficiency Disclosure Act 2010

156 Section 3 (paragraph (b) of the definition of Court)

157 Paragraph 51(5)(b)

Child Support (Assessment) Act 1989

158 Subsection 5(1)

Federal 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.

Full 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.

related Federal Circuit and Family Court of Australia (Division 2) Rules has the same meaning as in the Family Law Act 1975.

159 Subsection 5(1) (definition of related Federal Circuit Court Rules)

160 Subsection 17(1)

Omit “Family Court” (first occurring), substitute “Federal Circuit and Family Court of Australia”.

161 Subsection 17(2)

(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.

162 Section 98X

98X

Simplified outline of this Division

98X Simplified outline of this Division

 Jurisdiction under this Act is conferred on the Federal Circuit and Family Court of Australia (Division 2) and certain State and Territory Courts.

163 Subsection 99(1)

Omit “Family Court and the Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia (Division 2)”.

164 At the end of section 99

Add:

Note: 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.

165 Subsection 100(1)

Omit “(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”.

166 Sections 101 to 105

101 Appeals from courts of summary jurisdiction

(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.

(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.

102

Appeals to High Court

102 Appeals to High Court

(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).

Note: 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.

167 Paragraphs 144(a) and (b)

(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

(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.

Child Support (Registration and Collection) Act 1988

168 Subsection 4(1)

(b) definition of Family Law Magistrate of Western Australia.

169 Subsection 4(1)

Federal 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.

170 Subsection 4(1) (definition of Full Court)

171 Subsection 4(1)

Full 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.

172 Subsection 4(1) (definition of Judge)

173

Subsection 4(1)

173 Subsection 4(1)

related Federal Circuit and Family Court of Australia (Division 2) Rules has the same meaning as in the Family Law Act 1975.

174 Subsection 4(1) (definition of related Federal Circuit Court Rules)

175 Subsection 72Q(1)

176 Section 103ZC

103ZC Simplified outline of this Division

 Jurisdiction under this Act is conferred on the Federal Circuit and Family Court of Australia (Division 2) and certain State and Territory Courts.

177 Subsection 104(1)

Omit “Family Court and the Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia (Division 2)”.

178 At the end of section 104

Add:

Note: 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.

179 Subsection 105(1)

180 Sections 106 to 110

106

Appeals from courts of summary jurisdiction

106 Appeals from courts of summary jurisdiction

(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.

(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.

107 Appeals to High Court

(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).

Note: 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.

181 Subsection 110W(2) (heading)

182 Paragraph 110W(2)(a)

(a) a decision is a decision of the Full Court of the Federal Circuit and Family Court of Australia (Division 1); and

183 Paragraphs 110W(3)(a) and (b)

(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

(b) an application may be made for leave to appeal against the decision; and

Civil Dispute Resolution Act 2011

184 Section 5 (paragraph (b) of the definition of eligible court)

185 Section 16

Before “Proceedings are also”, insert “(1)”.

186 At the end of section 16

Add:

(2) Proceedings are also excluded proceedings to the extent that they are:

(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

(b) proceedings falling within the original jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) under section 132 of that Act.

187 Section 18

Omit “the Federal Circuit Court of Australia Act 1999”, substitute “Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021”.

Coal Mining Industry (Long Service Leave) Administration Act 1992

188 Subsection 4(1) (definition of Federal Circuit Court)

189 Sections 39DA and 39DB

Omit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

190 Paragraph 49A(4)(b)

191 Section 52C (heading)

192 Subsection 52C(1)

193 Paragraphs 52C(2)(e), (f) and (g)

194 Subsection 52C(3)

Omit “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”.

195 Paragraph 52C(3)(a)

196 Paragraph 52C(3)(b)

Omit “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”.

197 Paragraph 52C(3)(c)

Omit “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”.

198 Paragraphs 52C(3)(d) and (e)

199 Section 52D

Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992

200 Paragraph 13A(4)(b)

Coastal Trading (Revitalising Australian Shipping) Act 2012

201 Subsection 6(1) (definition of Federal Circuit Court)

202 Subsection 86(1)

Competition and Consumer Act 2010

203 Subsection 4(1)

(b) definition of the Family Court.

204 Paragraphs 56EU(4)(b), 56EW(3)(b) and 56EX(3)(b)

205 Paragraph 56EY(5)(a)

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

206 Subsection 86(1A)

207 Paragraph 86(4)(a)

208 Section 86AA (heading)

209 Section 86AA

Omit “Federal Circuit Court, the Federal Circuit Court”, substitute “Federal Circuit and Family Court of Australia (Division 2), the Court”.

210

Section 86AA (note)

210 Section 86AA (note)

Note 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.

Note 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.

211 Section 130 (definition of Family Court Judge)

212 Paragraph 138(2)(a)

213 Section 138A (heading)

214 Subsection 138A(1)

215 Subsection 138A(2)

Omit “Federal Circuit Court, the Federal Circuit Court”, substitute “Federal Circuit and Family Court of Australia (Division 2), the Court”.

216 Subsection 138A(2) (note)

217 Section 138E (heading)

138E Transfer of proceedings to the Federal Circuit and Family Court of Australia (Division 1)

218 Subsection 138E(1)

219 Subsection 138E(2)

220 Paragraphs 138E(2)(a) and (b)

Omit “Family Court”, substitute “Court”.

221 Paragraph 138E(2)(c)

222 Paragraph 138E(2)(d)

223 Paragraph 138E(2)(d)

Omit “the Family Court” (second occurring), substitute “that Court”.

224 Paragraph 138E(2)(e)

225 Subparagraph 138E(2)(f)(i)

226 Subparagraphs 138E(2)(f)(ii) and (iii)

227 Subparagraph 138E(2)(f)(iv)

228 Subsections 138E(3) and (4)

229 Paragraph 151AQA(4)(a)

230 Subsection 151AQA(4)

Omit “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”.

231 Section 131D (heading)

232 Section 131D

233 Section 135AS (heading)

234 Section 135AS

235 Subsection 195AZGH(5)

236 Section 248MA (heading)

237 Section 248MA

238 Section 586‑10 (heading)

239 Subsection 586‑10(1)

240 Paragraphs 586‑15(1)(a), (2)(c) and (5)(a)

241 Paragraphs 586‑25(1)(b) and (2)(b)

(b) the Federal Circuit and Family Court of Australia (Division 1).

242 Paragraph 586‑25(3)(c)

243 Subsection 586‑25(4)

244 Section 586‑40 (heading)

Omit “Family Court”, substitute “the Federal Circuit and Family Court of Australia (Division 1)”.

245

Subparagraphs 586‑40(1)(b)(i) and (3)(a)(i) and (b)(i)

245 Subparagraphs 586‑40(1)(b)(i) and (3)(a)(i) and (b)(i)

(i) the Federal Circuit and Family Court of Australia (Division 1); or

246

Paragraph 586‑65(3)(a)

246 Paragraph 586‑65(3)(a)

247 Section 586‑90 (heading)

586‑90 Rules of the Federal Circuit and Family Court of Australia (Division 1)

248 Section 586‑90

Omit “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”.

249

Paragraphs 586‑90(a) and (c)

249 Paragraphs 586‑90(a) and (c)

250

Subsection 694‑35(1) (paragraph (c) of the definition of Court)

250 Subsection 694‑35(1) (paragraph (c) of the definition of Court)

251

Section 700‑1 (paragraph (b) of the definition of Aboriginal and Torres Strait Islander Corporations legislation)

251 Section 700‑1 (paragraph (b) of the definition of Aboriginal and Torres Strait Islander Corporations legislation)

Omit “Family Court”, substitute “Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)”.

252 Section 700‑1 (definition of Family Court)

253 Section 700‑1 (definition of superior court)

254 Section 9 (paragraph (c) of the definition of Corporations legislation)

Omit “Family Court”, substitute “Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)”.

255 Section 9 (definition of Family Court)

256 Section 9 (definition of superior court)

257 Subsection 58AA(1) (paragraph (c) of the definition of Court)

258 Paragraph 908CI(3)(b)

259 Section 1337C (heading)

260 Subsection 1337C(1)

261 Paragraphs 1337D(1)(a), (2)(c) and (5)(a)

262 Paragraphs 1337F(1)(b) and (2)(b)

(b) the Federal Circuit and Family Court of Australia (Division 1).

263 Paragraph 1337F(3)(c)

264 Subsection 1337F(4)

265 Section 1337J (heading)

266 Subparagraphs 1337J(1)(b)(i) and (3)(a)(i) and (b)(i)

(i) the Federal Circuit and Family Court of Australia (Division 1); or

267 Subsection 1337P(3) (paragraph (a) of the definition of relevant jurisdiction)

268 Section 1337U (heading)

269 Subsection 1337U(1)

Omit “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”.

270 Paragraphs 1337U(1)(a) and (c)

Court Security Act 2013

271 Section 5 (table item 3 in the definition of administrative head)

| 3 | Federal Circuit and Family Court of Australia (Division 1) | Chief Executive Officer and Principal Registrar of the Federal Court of Australia | | 4 | Federal Circuit and Family Court of Australia (Division 2) | Chief Executive Officer and Principal Registrar of the Federal Court of Australia |

272 Section 5 (table item 6 in the definition of administrative head)

273 Section 5 (table item 7 in the definition of administrative head, column headed “Court”)

Omit “3, 4 or 6”, substitute “3 or 4”.

274 Subsection 41(1)

Omit “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”.

275

Subsection 41(1) (note 3)

275 Subsection 41(1) (note 3)

Note 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.

276

Section 45 (note)

276 Section 45 (note)

Note: 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.

277

Section 51 (table item 2)

277 Section 51 (table item 2)

| 2 | Federal Circuit and Family Court of Australia (Division 1) | The Marshal of the Federal Circuit and Family Court of Australia (Division 1) | | 3 | Federal Circuit and Family Court of Australia (Division 2) | The Marshal of the Federal Circuit and Family Court of Australia (Division 2) |

278

Section 51 (table item 5)

278 Section 51 (table item 5)

279

Section 51 (table item 6, column headed “Court”)

279 Section 51 (table item 6, column headed “Court”)

Omit “2, 3 or 5”, substitute “2 or 3”.

Crimes Act 1914

280

Subsection 3ZQO(1)

280 Subsection 3ZQO(1)

281

Section 3ZQQ (heading)

281 Section 3ZQQ (heading)

Omit “Federal Circuit Court Judges”, substitute “Judges of the Federal Circuit and Family Court of Australia (Division 2)”.

282

Section 3ZQQ

282 Section 3ZQQ

Omit “Federal Circuit Court of Australia” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

283

Paragraph 3ZZNF(3)(a)

283 Paragraph 3ZZNF(3)(a)

284

Paragraph 4AAA(1)(ab)

284 Paragraph 4AAA(1)(ab)

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

285

Subsections 4AAA(2) and (3A)

285 Subsections 4AAA(2) and (3A)

Criminal Code Act 1995

286 Subsection 100.1(1) of the Criminal Code (paragraph (c) of the definition of issuing court)

287 Paragraph 105.2(1)(b) of the Criminal Code

288 Subsections 105.43(4), (5) and (7) of the Criminal Code

Omit “Federal Circuit Court of Australia” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

289

Section 105.46 of the Criminal Code (heading)

289 Section 105.46 of the Criminal Code (heading)

Omit “Federal Circuit Court Judge”, substitute “Judge of the Federal Circuit and Family Court of Australia (Division 2)”.

290

Section 105.46 of the Criminal Code

290 Section 105.46 of the Criminal Code

Omit “Federal Circuit Court of Australia” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

291

Section 106.4 of the Criminal Code

291 Section 106.4 of the Criminal Code

106.4 Saving—Judges of the Federal Circuit Court

(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.

(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).

(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.

(4) In this section:

commencement day means the day Schedule 2 to the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 commences.

292

Subparagraph 123.1(2)(b)(ii) of the Criminal Code

292 Subparagraph 123.1(2)(b)(ii) of the Criminal Code

293

Paragraph 150.5(3)(b) of the Criminal Code

293 Paragraph 150.5(3)(b) of the Criminal Code

Customs Act 1901

294

Subsection 4(1) (paragraph (a) of the definition of Division 1B Judge)

294 Subsection 4(1) (paragraph (a) of the definition of Division 1B Judge)

295

Subsections 219RA(1) and 219ZL(1)

295 Subsections 219RA(1) and 219ZL(1)

Defence Act 1903

296

Subparagraph 117AE(3)(e)(ii)

296 Subparagraph 117AE(3)(e)(ii)

Defence Force (Home Loans Assistance) Act 1990

297

Section 3 (definition of Family Court)

297 Section 3 (definition of Family Court)

298

Paragraphs 18(1)(a) and 29(d) and (e)

298 Paragraphs 18(1)(a) and 29(d) and (e)

Defence Reserve Service (Protection) Act 2001

299

Paragraphs 76A(3)(b) and 77(1)(b)

299 Paragraphs 76A(3)(b) and 77(1)(b)

300

Subsection 77(2)

300 Subsection 77(2)

Designs Act 2003

301

Section 5 (definition of Federal Circuit Court)

301 Section 5 (definition of Federal Circuit Court)

302

Section 5 (paragraph (aa) of the definition of prescribed court)

302 Section 5 (paragraph (aa) of the definition of prescribed court)

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

303

Subsections 28(5), 50(6), 52(7), 54(4), 67(4) and 68(6)

303 Subsections 28(5), 50(6), 52(7), 54(4), 67(4) and 68(6)

304

Section 82

304 Section 82

Under 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.

Under 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.

305 Paragraph 83(2)(a)

306 Section 83A (heading)

307 Section 83A

Omit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

308 Subsection 84(1)

309 Subsection 86(3)

310 Subsection 86(3) (note)

Note 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.

Note 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.

311 Subsection 87(2)

312 Section 88 (heading)

313 Sections 88 and 89

Do Not Call Register Act 2006

314

Section 4 (definition of Federal Circuit Court)

314 Section 4 (definition of Federal Circuit Court)

315

Section 23

315 Section 23

• Proceedings for the recovery of penalties are to be instituted in the Federal Court or the Federal Circuit Court.

• 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).

316 Subsection 24(1)

317 Paragraphs 25(2)(a), (3)(b), (4)(b), (5)(b) and (6)(b)

318 Sections 26 and 28

319 Paragraph 30(1)(a)

320 Subsection 30(3)

321 Paragraph 31(1)(a)

322 Subsection 31(2)

323 Section 33

• The Federal Court or the Federal Circuit Court may grant injunctions in relation to contraventions of civil penalty provisions.

• 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.

324

Sections 34, 35, 36 and 37

324 Sections 34, 35, 36 and 37

Omit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

325 Section 38 (heading)

326 Section 38

327 Paragraph 44(2)(a)

328 Clause 1 of Schedule 3

329 Paragraph 3(1)(d) of Schedule 3

330 Paragraph 7(c) of Schedule 3

Omit “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)”.

Education Services for Overseas Students Act 2000

331

Subsection 110B(1)

331 Subsection 110B(1)

Enhancing Online Safety Act 2015

332

Subsections 46(3), 47(3) and 48(3)

332 Subsections 46(3), 47(3) and 48(3)

Evidence Act 1995

333

Subsection 4(5A)

333 Subsection 4(5A)

(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.

Extradition Act 1988

334

Section 5 (definition of eligible Federal Circuit Court Judge)

334 Section 5 (definition of eligible Federal Circuit Court Judge)

335

Section 5

335 Section 5

eligible 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.

336 Subsection 11(6)

337 Paragraph 12(1)(a)

338 Subsections 12(3) and 14(1)

339 Sections 15 and 15A

340 Subsections 15B(1) and (4) and 16(1)

341 Subsections 16A(2) and (3)

342 Section 17

343 Subsections 18(1), (3) and (4)

344 Paragraph 19(1)(c)

345 Subsection 19(9A)

346 Subparagraphs 19A(1)(b)(ii) and 20(1)(a)(ii)

347 Subsection 21(1)

348 Subsection 22(1) (paragraph (a) of the definition of eligible person)

349 Paragraphs 22(5)(a) and (b)

350 Paragraph 26(1)(ca)

351 Subsection 26(2A)

352 Paragraphs 28(a) and 29(a)

353 Subsection 31(1)

354 Section 32

355 Paragraphs 33(c) and 34(1)(b)

356 Subsections 35(1) and (2)

357 Subsections 43(1), (2) and (3)

358 Paragraph 45(1)(a)

359 Section 45A (heading)

Omit “Federal Circuit Court Judges”, substitute “Judges of the Federal Circuit and Family Court of Australia (Division 2)”.

360 Subsections 45A(1) and (2)

361 Subsection 45A(2)

362 Section 45B (heading)

Omit “Federal Circuit Court Judges”, substitute “Judges of the Federal Circuit and Family Court of Australia (Division 2)”.

363 Subsections 45B(1) and (3)

364 Section 46A

365 Subparagraphs 48(1)(b)(iii) and (iv)

366 Subsection 49(2)

367 Section 49B

368 Paragraph 55(c)

Omit “eligible Federal Circuit Court Judges” (wherever occurring), substitute “eligible Judges”.

369 Section 12 (definition of Federal Circuit Court)

370 Subsections 417(3), 421(3) and 422(1)

371 Section 537

Subdivision 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.

Subdivision 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.

372

Subsection 539(2) (table)

372 Subsection 539(2) (table)

Omit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

373 Section 543

374 Subsection 545(1) (heading)

375 Subsections 545(1) and (2) and 546(1)

Omit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

376 Paragraph 548(1)(a)

377 Paragraph 558C(3)(b)

378 Section 560

560 Guide to this Part

This Part is about the jurisdiction and powers of the courts in relation to matters arising under this Act.

Divisions 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.

Division 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.

379 Paragraphs 563(f), (g) and (h)

380 Division 3 of Part 4‑2 of Chapter 4 (heading)

381 Section 566 (heading)

382 Section 566

383 Section 567 (heading)

384 Section 567

Omit “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”.

385

Paragraph 567(a)

385 Paragraph 567(a)

386

Paragraph 567(b)

386 Paragraph 567(b)

Omit “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”.

387

Paragraph 567(c)

387 Paragraph 567(c)

Omit “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”.

388 Paragraph 567(d)

389 Paragraph 567(e)

390 Section 568

568 No limitation on powers of the Federal Circuit and Family Court of Australia (Division 2)

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.

391

Paragraph 576(2)(ca)

391 Paragraph 576(2)(ca)

(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;

392

Subsections 627(1A) and (2A)

392 Subsections 627(1A) and (2A)

393

Subsection 641B(2) (table item 4, column 2)

393 Subsection 641B(2) (table item 4, column 2)

Omit “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)”.

394 Section 653A (heading)

395 Section 653A

396 Subsection 715(6)

397 Paragraph 716(3)(e)

398 Subsection 717(1)

399 Paragraphs 789CD(3)(b) and 789CE(4)(b)

Fair Work (Registered Organisations) Act 2009

400 Section 6 (definition of Federal Circuit Court)

401 Subsections 337BB(1) and (6)

402 Section 353A (heading)

403 Subsection 353A(1)

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

404

Subitem 16(1) of Schedule 16 (table)

404 Subitem 16(1) of Schedule 16 (table)

Omit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

405 Item 17 of Schedule 16

406 Paragraphs 22(f), (g) and (h) of Schedule 17

407 Item 25 of Schedule 17 (heading)

408 Item 25 of Schedule 17

409 Item 26 of Schedule 17 (heading)

410 Item 26 of Schedule 17

Omit “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”.

411

Paragraph 26(a) of Schedule 17

411 Paragraph 26(a) of Schedule 17

412

Paragraph 26(b) of Schedule 17

412 Paragraph 26(b) of Schedule 17

Omit “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”.

413

Paragraph 26(c) of Schedule 17

413 Paragraph 26(c) of Schedule 17

Omit “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”.

414 Paragraph 26(d) of Schedule 17

415 Paragraph 26(e) of Schedule 17

416 Item 27 of Schedule 17

27 No limitation on powers of the Federal Circuit and Family Court of Australia (Division 2)

Family Court of Western Australia (Orders of Registrars) Act 1997

417

Section 11

417 Section 11

Omit “Family Court”, substitute “Family Court of Australia”.

418

Subsection 12(1)

418 Subsection 12(1)

Federal Proceedings (Costs) Act 1981

419 Subsection 3(1) (definition of Family Court)

420 Subsection 3(1) (paragraph (d) of the definition of Federal appeal)

421 Subsection 3(1) (paragraph (fa) of the definition of Federal appeal)

422 Subsection 3(1) (subparagraph (ga)(ii) of the definition of Federal appeal)

423 Subsection 3(1) (paragraphs (j), (ja) and (k) of the definition of Federal appeal)

(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

(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

(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.

424 Subsection 3(1)

425 Subsection 3(1) (definition of Federal Circuit Court)

426 Subsection 10(1)

Omit “the Family Court, the Federal Circuit Court”, substitute “the Federal Circuit and Family Court of Australia”.

427

Schedule (table item dealing with the Family Court)

427 Schedule (table item dealing with the Family Court)

Federal Circuit and Family Court of Australia	2000

Foreign Acquisitions and Takeovers Act 1975

428

Paragraph 99(3)(b)

428 Paragraph 99(3)(b)

429

Subsection 132(1)

429 Subsection 132(1)

Foreign Evidence Act 1994

430 Subsection 3(1) (paragraph (b) of the definition of superior court)

431 Division 2 of Part 2 (heading)

432 Section 9A (heading)

433 Subsection 9A(1)

Child support or family law matters

(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).

434 Subsection 9A(2)

435 Paragraph 11(1)(a)

436 Subsection 11(2) (paragraph (a) of the definition of appropriate court)

437 Subsection 12(1)

438 Paragraph 12(2)(a)

Omit “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”.

439

Subsection 15(1)

439 Subsection 15(1)

Freedom of Information Act 1982

440

Subsection 5(1B) (heading)

440 Subsection 5(1B) (heading)

Omit “Family Court Judges”, substitute “Judges of the Federal Circuit and Family Court of Australia (Division 1)”.

441

Paragraph 5(1B)(a)

441 Paragraph 5(1B)(a)

(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

442

Subsection 5(1C) (heading)

442 Subsection 5(1C) (heading)

443

Paragraph 5(1C)(a)

443 Paragraph 5(1C)(a)

(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

444

Subsections 64(7) and (8) and 67(4) and (5)

444 Subsections 64(7) and (8) and 67(4) and (5)

Omit “Federal Circuit Court of Australia” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

Government Procurement (Judicial Review) Act 2018

445

Section 3

445 Section 3

• 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).

• 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).

• 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).

• 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).

446 Section 4 (definition of Federal Circuit Court)

447 Section 8

8 Simplified outline of this Part

448 Subsections 9(1) and (2)

449 Paragraph 10(1)(a)

450 Sections 11 and 14

Omit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

451

Section 15

451 Section 15

15 Simplified outline of this Part

452

Section 16

452 Section 16

Great Barrier Reef Marine Park Amendment (Authority Governance and Other Matters) Act 2018

453

Paragraph 10(2)(b) of Schedule 2

453 Paragraph 10(2)(b) of Schedule 2

Greenhouse and Energy Minimum Standards Act 2012

454

Section 5 (paragraph (b) of the definition of issuing officer)

454 Section 5 (paragraph (b) of the definition of issuing officer)

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

455

Section 5 (paragraph (aa) of the definition of relevant court)

455 Section 5 (paragraph (aa) of the definition of relevant court)

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

Healthcare Identifiers Act 2010

456

Paragraphs 31C(3)(b), 31D(3)(b) and 31E(3)(b)

456 Paragraphs 31C(3)(b), 31D(3)(b) and 31E(3)(b)

Higher Education Support Act 2003

457

Subclause 1(1) of Schedule 1 (paragraph (b) of the definition of applicable court)

457 Subclause 1(1) of Schedule 1 (paragraph (b) of the definition of applicable court)

458

Subclause 1(1) of Schedule 1 (paragraph (c) of the definition of judicial officer)

458 Subclause 1(1) of Schedule 1 (paragraph (c) of the definition of judicial officer)

Horse Disease Response Levy Collection Act 2011

459

Paragraph 13(11)(b)

459 Paragraph 13(11)(b)

460

Subsection 19(2)

460 Subsection 19(2)

Human Rights Legislation Amendment Act 2017

461

Subitem 58(9) of Schedule 2

461 Subitem 58(9) of Schedule 2

Omit “or the Federal Circuit Court”, substitute “, the Federal Circuit Court of Australia or the Federal Circuit and Family Court of Australia (Division 2)”.

Illegal Logging Prohibition Act 2012

462 Paragraph 21(5)(c)

463 Paragraph 21(9)(b)

464 Paragraph 22(4)(c)

465 Paragraphs 22(8)(b) and 23(3)(b)

Imported Food Control Act 1992

466

Paragraphs 22(11)(b), 23(8)(b), 24(3)(b) and 26(3)(b)

466 Paragraphs 22(11)(b), 23(8)(b), 24(3)(b) and 26(3)(b)

Income Tax Assessment Act 1997

467

Subsection 126‑15(2) (example)

467 Subsection 126‑15(2) (example)

Omit “The Family Court”, substitute “A court”.

Independent Contractors Act 2006

468

Section 4 (definition of Court)

468 Section 4 (definition of Court)

469

Subsection 12(1) (note)

469 Subsection 12(1) (note)

Note: 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.

470

Section 15 (note)

470 Section 15 (note)

Omit “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”.

471

Section 16 (note 2)

471 Section 16 (note 2)

Industrial Chemicals Act 2019

472

Section 9 (paragraph (c) of the definition of issuing officer)

472 Section 9 (paragraph (c) of the definition of issuing officer)

473

Section 9 (paragraph (b) of the definition of relevant court)

473 Section 9 (paragraph (b) of the definition of relevant court)

Industrial Chemicals (Notification and Assessment) Act 1989

474

Paragraphs 83(3)(b), 85(9)(b) and 86(8)(b)

474 Paragraphs 83(3)(b), 85(9)(b) and 86(8)(b)

Inspector‑General of Live Animal Exports Act 2019

475

Paragraph 33(3)(b)

475 Paragraph 33(3)(b)

Insurance Contracts Act 1984

476

Subsection 11(1) (paragraph (b) of the definition of relevant court)

476 Subsection 11(1) (paragraph (b) of the definition of relevant court)

Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018

477 Subitem 223(2) of Schedule 2

478 Subitem 237(2) of Schedule 2

479 Section 4 (definition of Federal Circuit Court)

480 Paragraphs 64B(3)(b) and 64D(3)(b)

Judges (Long Leave Payments) Act 1979

481 Title

482 Section 3 (paragraph (a) of the definition of Judge)

483 After section 3A

3B Service in more than one judicial office

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).

Note: See paragraph (a) of the definition of Judge in section 3.

Judges’ Pensions Act 1968

484

Subsection 4(1) (paragraph (a) of the definition of appropriate current judicial salary)

484 Subsection 4(1) (paragraph (a) of the definition of appropriate current judicial salary)

Omit “paragraph (b), (c), (d) or (e)”, substitute “paragraph (b), (ba), (bb), (c), (d), (da), (db) or (e)”.

485

Subsection 4(1) (after paragraph (b) of the definition of appropriate current judicial salary)

485 Subsection 4(1) (after paragraph (b) of the definition of appropriate current judicial salary)

(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

(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

486

Subsection 4(1) (after paragraph (d) of the definition of appropriate current judicial salary)

486 Subsection 4(1) (after paragraph (d) of the definition of appropriate current judicial salary)

(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

(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

487

Subsection 4(1)

487 Subsection 4(1)

Family 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.

488

Subsection 4(1) (paragraph (a) of the definition of Judge)

488 Subsection 4(1) (paragraph (a) of the definition of Judge)

489

Subsection 4(1) (at the end of the end of the definition of Judge)

489 Subsection 4(1) (at the end of the end of the definition of Judge)

Add:

Note: For service in more than one judicial office, see section 5.

490

At the end of section 5

490 At the end of section 5

Add:

(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).

Note: See paragraph (a) of the definition of Judge in subsection 4(1).

Judicial and Statutory Officers (Remuneration and Allowances) Act 1984

491

Part 2 of the Schedule (cell at table item dealing with Chief Justice of the Family Court of Australia, column 1)

491 Part 2 of the Schedule (cell at table item dealing with Chief Justice of the Family Court of Australia, column 1)

| Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)……………………………………………….……...... |

492

Part 2 of the Schedule (cell at table item dealing with Deputy Chief Justice of the Family Court of Australia, column 1)

492 Part 2 of the Schedule (cell at table item dealing with Deputy Chief Justice of the Family Court of Australia, column 1)

| Deputy Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) ……………………………………………………….. |

493 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))

494

Part 2 of the Schedule (cell at table item dealing with Senior Judge of the Family Court of Australia)

494 Part 2 of the Schedule (cell at table item dealing with Senior Judge of the Family Court of Australia)

| Senior Judge of the Federal Circuit and Family Court of Australia (Division 1) ……………………………………………………….. |

495

Part 2 of the Schedule (cell at table item dealing with Any other Judge of the Family Court of Australia, column 1)

495 Part 2 of the Schedule (cell at table item dealing with Any other Judge of the Family Court of Australia, column 1)

| Any other Judge of the Federal Circuit and Family Court of Australia (Division 1)………………………………………………………… |

496

Part 2 of the Schedule (table item dealing with Judicial Registrar of the Family Court of Australia)

496 Part 2 of the Schedule (table item dealing with Judicial Registrar of the Family Court of Australia)

Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012

497

Section 4

497 Section 4

Under 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).

Under 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).

498

Paragraph 19(6)(b)

498 Paragraph 19(6)(b)

499

Paragraph 19(6)(c)

499 Paragraph 19(6)(c)

Omit “Federal Circuit Court of Australia Act 1999”, substitute “Federal Circuit and Family Court of Australia Act 2021”.

Judiciary Act 1903

500

Paragraph 23(2)(a)

500 Paragraph 23(2)(a)

501

Paragraph 39B(1EA)(a)

501 Paragraph 39B(1EA)(a)

Omit “Family Court of Australia, the Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia”.

502

Paragraph 39B(1EA)(b)

502 Paragraph 39B(1EA)(b)

503

Subparagraphs 39B(1EA)(d)(i) and (ii)

503 Subparagraphs 39B(1EA)(d)(i) and (ii)

(i) if the civil proceeding or appeal is before the Federal Circuit and Family Court of Australia (Division 1)—that court; or

(ii) if the civil proceeding or appeal is before the Federal Circuit and Family Court of Australia (Division 2)—that court; or

504

Subsection 39B(2)

504 Subsection 39B(2)

505

Subsection 39B(3)

505 Subsection 39B(3)

Jurisdiction of Courts (Cross‑vesting) Act 1987

506 Paragraph (b) of the Preamble

507 Subsection 3(1) (definition of Family Court)

508 Paragraphs 4(1)(a) and (2)(b)

509 Subsection 4(3)

510 Subparagraph 5(1)(b)(i)

511 Subparagraphs 5(1)(b)(ii) and (iii)

Omit “Family Court”(wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 1)”.

512 Subsection 5(1)

513 Paragraphs 5(4)(a) and (5)(a)

514 Paragraph 6(2)(b)

515 Subsection 6A(2)

516 Subsection 6A(3)

517 Subsection 7(1)

518 Subsection 7(2)

519 Paragraph 7(5)(a)

Omit “of the Family Court”, substitute “of the Federal Circuit and Family Court of Australia (Division 1)”.

520

Subsection 7(7)

520 Subsection 7(7)

Omit “of the Family Court”, substitute “of the Federal Circuit and Family Court of Australia (Division 1)”.

521 Subparagraph 8(1)(b)(i)

522 Subsection 9(3)

523 Paragraph 10(a)

524 Subsection 11(2)

525 Subsection 14(1)

526 Subsection 14(3)

527 Subsection 16(4)

Law Enforcement Integrity Commissioner Act 2006

528 Subsection 5(1) (definition of Federal Circuit Court)

529 Subsection 5(1) (subparagraph (a)(ia) of the definition of issuing officer)

530 Paragraph 96AD(2)(b)

531 Subsection 103(1) (note 2)

532 Subsection 103(2) (note)

533 Paragraph 109(7)(b)

(b) a Judge of the Federal Circuit and Family Court of Australia (Division 2).

534

Subparagraph 201(g)(i)

534 Subparagraph 201(g)(i)

535

Subsections 221(1) and (2)

535 Subsections 221(1) and (2)

Major Sporting Events (Indicia and Images) Protection Act 2014

536

Section 9 (paragraph (b) of the definition of relevant court)

536 Section 9 (paragraph (b) of the definition of relevant court)

Marriage Act 1961

537

Subsection 5(1) (paragraph (a) of the definition of Judge)

537 Subsection 5(1) (paragraph (a) of the definition of Judge)

(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;

538

Subsection 9A(1)

538 Subsection 9A(1)

Omit “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”.

539

Subsection 92(1)

539 Subsection 92(1)

Omit “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)”.

Marriage Amendment (Definition and Religious Freedoms) Act 2017

540

After subitem 6(6) of Schedule 4

540 After subitem 6(6) of Schedule 4

(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).

Maternity Leave (Commonwealth Employees) Act 1973

541

Paragraph 5(3)(ba)

541 Paragraph 5(3)(ba)

(ba) a person who is a Judge of the Federal Circuit and Family Court of Australia (Division 2);

Migration Act 1958

542 Subsection 5(1) (paragraph (b) of the definition of eligible court)

543 Subsection 5(1) (definition of Federal Circuit Court)

544 Subparagraph 42(2A)(e)(ii)

Omit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

545 Section 91X (heading)

546 Subsections 91X(1), 114(1) and 153(2)

547 Section 476 (heading)

548 Subsections 476(1), (2) and (3)

549 Paragraph 476A(1)(a)

(a) both:

(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

(ii) the Federal Court confirms the transfer under section 32AD of the Federal Court of Australia Act 1976; or

550

After subsection 476A(1)

550 After subsection 476A(1)

(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.

551 Paragraph 476A(3)(a)

552 Subsections 476B(1) and (2)

553 Section 477 (heading)

554 Subsections 477(1) and (2) and 480(2)

Omit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

555 Section 484 (heading)

556 Subsections 484(1) and (2) and 486B(1)

557 Section 486C (heading)

558 Subsection 486C(1)

559 Subsection 486C(3)

Omit “Federal Circuit Court’s jurisdiction”, substitute “jurisdiction of the Federal Circuit and Family Court of Australia (Division 2)”.

560

Subsection 486C(3A)

560 Subsection 486C(3A)

(3A) This section applies to:

(a) proceedings:

(i) that are transferred to the Federal Court under section 153 of the Federal Circuit and Family Court of Australia Act 2021; and

(ii) whose transfer are confirmed by the Federal Court under section 32AD of the Federal Court of Australia Act 1976; and

(b) proceedings in which the Federal Court has jurisdiction under paragraph 476A(1)(b) or (c).

(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.

561 Subsection 486D(1)

562 Subsection 486D(5) (paragraph (a) of the definition of judicial review proceeding)

563 Section 487A (paragraph (b) of the definition of issuing officer)

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

564

Paragraph 500(6)(d)

564 Paragraph 500(6)(d)

565

Subsections 503A(4A) and (5A)

565 Subsections 503A(4A) and (5A)

Omit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

566

Section 503B (heading)

566 Section 503B (heading)

567

Subsection 503B(1)

567 Subsection 503B(1)

Omit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

568

Subsection 503B(2)

568 Subsection 503B(2)

Omit “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)”.

569

Paragraph 503B(2)(c)

569 Paragraph 503B(2)(c)

Omit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

570

Subsections 503B(4), (5), (6), (7), (8), (10) and (11)

570 Subsections 503B(4), (5), (6), (7), (8), (10) and (11)

Omit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

571

Subsection 503B(14) (table item 1, column headed “In the case of these proceedings...”)

571 Subsection 503B(14) (table item 1, column headed “In the case of these proceedings...”)

Omit “Federal Circuit Court’s jurisdiction”, substitute “jurisdiction of the Federal Circuit and Family Court of Australia (Division 2)”.

572 Section 503C (heading)

573 Subsection 503C(1)

574 Subsection 503C(3)

Omit “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)”.

575

Paragraph 503C(3)(c)

575 Paragraph 503C(3)(c)

(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

576

Paragraph 503C(3)(d)

576 Paragraph 503C(3)(d)

577

Subsection 503C(4)

577 Subsection 503C(4)

Omit “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)”.

578

Paragraph 503C(4)(c)

578 Paragraph 503C(4)(c)

Omit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.

579

Subsections 503C(6) and (7)

579 Subsections 503C(6) and (7)

Mutual Assistance in Criminal Matters Act 1987

580

Subsection 3(1) (definition of eligible Federal Circuit Court Judge)

580 Subsection 3(1) (definition of eligible Federal Circuit Court Judge)

581

Subsection 3(1)

581 Subsection 3(1)

eligible 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.

582 Subsection 3(1) (paragraph (a) of the definition of executing officer)

583 Paragraphs 13(2)(a) and (b)

584 Subsections 13(2A), (2B), (2C), (2D) and (4) to (5)

585 Subsection 13AA(1)

586 Subsection 13AA(2)

(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).

587 Paragraphs 13AB(1)(a) and (b)

588 Section 15

589 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)

590 Section 38Z

591 Paragraph 38ZB(1)(a)

592 Subsection 38ZB(2)

593 Section 38ZC (heading)

Omit “Federal Circuit Court Judges”, substitute “Judges of the Federal Circuit and Family Court of Australia (Division 2)”.

594 Subsections 38ZC(1) and (2)

595 Subsection 38ZC(2)

596 Section 38ZD (heading)

Omit “Federal Circuit Court Judges”, substitute “Judges of the Federal Circuit and Family Court of Australia (Division 2)”.

597

Subsections 38ZD(1) and (3)

597 Subsections 38ZD(1) and (3)

598

Paragraph 44(c)

598 Paragraph 44(c)

Omit “eligible Federal Circuit Court Judges” (wherever occurring), substitute “eligible Judges”.

My Health Records Act 2012

599

Paragraphs 45C(1)(b), 50C(1)(b), 79(3)(b), 80(3)(b) and 81(3)(b)

599 Paragraphs 45C(1)(b), 50C(1)(b), 79(3)(b), 80(3)(b) and 81(3)(b)

Narcotic Drugs Act 1967

600

Subsection 4(1) (paragraph (b) of the definition of relevant court)

600 Subsection 4(1) (paragraph (b) of the definition of relevant court)

National Cancer Screening Register Act 2016

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Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021

No. 13, 2021

An 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

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments relating to the Federal Circuit and Family Court of Australia

Part 1—Amendments

Family Law Act 1975

Federal Court of Australia Act 1976

Part 2—Application, saving and transitional provisions

Division 1—Introduction

Division 2—Application of amendments

Division 3—Saving and transitional provisions: Family Law Act 1975 amendments

Division 4—Saving and transitional provisions: Federal Court of Australia Act 1976 amendments

Part 3—Amendments not commencing before 1 January 2020

Federal Circuit and Family Court of Australia Act 2021

Part 4—Amendments relating to making Rules of Court

Corporations (Aboriginal and Torres Strait Islander) Act 2006

Corporations Act 2001

Family Law Act 1975

Federal Circuit and Family Court of Australia Act 2021

Plant Breeder’s Rights Act 1994

Schedule 2—Further consequential amendments

Administrative Appeals Tribunal Act 1975

Administrative Decisions (Judicial Review) Act 1977

Admiralty Act 1988

Aged Care Act 1997

Age Discrimination Act 2004

A New Tax System (Family Assistance) (Administration) Act 1999

Antarctic Treaty (Environment Protection) Act 1980

Archives Act 1983

Australian Charities and Not‑for‑profits Commission Act 2012

Australian Crime Commission Act 2002

Australian Energy Market Act 2004

Australian Human Rights Commission Act 1986

Australian Jobs Act 2013

Australian Passports Act 2005

Australian Securities and Investments Commission Act 2001

Australian Security Intelligence Organisation Act 1979

Australian Sports Anti‑Doping Authority Act 2006

Bankruptcy Act 1966

Biosecurity Act 2015

Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017

Broadcasting Services Act 1992

Budget Savings (Omnibus) Act 2016

Building and Construction Industry (Improving Productivity) Act 2016

Building Energy Efficiency Disclosure Act 2010

Child Support (Assessment) Act 1989

Child Support (Registration and Collection) Act 1988

Civil Dispute Resolution Act 2011

Coal Mining Industry (Long Service Leave) Administration Act 1992

Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992

Coastal Trading (Revitalising Australian Shipping) Act 2012

Competition and Consumer Act 2010

Corporations (Aboriginal and Torres Strait Islander) Act 2006

Corporations Act 2001

Court Security Act 2013

Crimes Act 1914

Criminal Code Act 1995

Customs Act 1901

Defence Act 1903

Defence Force (Home Loans Assistance) Act 1990

Defence Reserve Service (Protection) Act 2001

Designs Act 2003

Do Not Call Register Act 2006

Education Services for Overseas Students Act 2000

Enhancing Online Safety Act 2015

Evidence Act 1995

Extradition Act 1988

Fair Work Act 2009

Fair Work (Registered Organisations) Act 2009

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Family Court of Western Australia (Orders of Registrars) Act 1997

Federal Proceedings (Costs) Act 1981

Foreign Acquisitions and Takeovers Act 1975

Foreign Evidence Act 1994

Freedom of Information Act 1982

Government Procurement (Judicial Review) Act 2018

Great Barrier Reef Marine Park Amendment (Authority Governance and Other Matters) Act 2018

Greenhouse and Energy Minimum Standards Act 2012

Healthcare Identifiers Act 2010

Higher Education Support Act 2003

Horse Disease Response Levy Collection Act 2011

Human Rights Legislation Amendment Act 2017

Illegal Logging Prohibition Act 2012

Imported Food Control Act 1992

Income Tax Assessment Act 1997

Independent Contractors Act 2006

Industrial Chemicals Act 2019

Industrial Chemicals (Notification and Assessment) Act 1989

Inspector‑General of Live Animal Exports Act 2019

Insurance Contracts Act 1984

Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018

Interactive Gambling Act 2001

Judges (Long Leave Payments) Act 1979

Judges’ Pensions Act 1968

Judicial and Statutory Officers (Remuneration and Allowances) Act 1984

Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012

Judiciary Act 1903

Jurisdiction of Courts (Cross‑vesting) Act 1987

Law Enforcement Integrity Commissioner Act 2006

Major Sporting Events (Indicia and Images) Protection Act 2014

Marriage Act 1961

Marriage Amendment (Definition and Religious Freedoms) Act 2017

Maternity Leave (Commonwealth Employees) Act 1973

Migration Act 1958

Mutual Assistance in Criminal Matters Act 1987

My Health Records Act 2012

Narcotic Drugs Act 1967

National Cancer Screening Register Act 2016

National Consumer Credit Protection Act 2009

National Disability Insurance Scheme Act 2013

National Greenhouse and Energy Reporting Act 2007

National Health Act 1953

National Health Security Act 2007

National Measurement Act 1960

National Redress Scheme for Institutional Child Sexual Abuse Act 2018

National Vocational Education and Training Regulator Act 2011

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Ombudsman Act 1976

Ozone Protection and Synthetic Greenhouse Gas Management Act 1989

Paid Parental Leave Act 2010

Parliamentary Business Resources Act 2017

Personal Property Securities Act 2009

Petroleum and Other Fuels Reporting Act 2017

Plant Breeder’s Rights Act 1994

Privacy Act 1988

Proceeds of Crime Act 2002

Product Emissions Standards Act 2017

Product Stewardship Act 2011

Public Interest Disclosure Act 2013

Regulatory Powers (Standard Provisions) Act 2014

Remuneration and Allowances Act 1990

Renewable Energy (Electricity) Act 2000

Resale Royalty Right for Visual Artists Act 2009

Road Vehicle Standards Act 2018

Security of Critical Infrastructure Act 2018

Shipping Registration Act 1981

Social Security Act 1991

Space (Launches and Returns) Act 2018

Stronger Futures in the Northern Territory Act 2012

Student Assistance Act 1973

Taxation Administration Act 1953

Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018

Tertiary Education Quality and Standards Agency Act 2011

Therapeutic Goods Act 1989

Tobacco Plain Packaging Act 2011

Trade Marks Act 1995

Trans‑Tasman Proceedings Act 2010

Underwater Cultural Heritage Act 2018

VET Student Loans Act 2016

Water Act 2007

Water Efficiency Labelling and Standards Act 2005

Work Health and Safety Act 2011

Schedule 3—Repeal of the Federal Circuit Court of Australia Act 1999

Part 1—Repeals

Federal Circuit Court of Australia Act 1999

Part 2—Saving and transitional provisions

Schedule 4—Contingent amendments

Part 1—Aged Care Legislation Amendment (New Commissioner Functions) Act 2019

Aged Care Act 1997

Aged Care Quality and Safety Commission Act 2018

Part 2—Communications Legislation Amendment (Deregulation and Other Measures) Act 2019

Communications Legislation Amendment (Deregulation and Other Measures) Act 2019

Part 3—Fair Work Laws Amendment (Proper Use of Worker Benefits) Act 2021

Fair Work Act 2009

Part 4—Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020

Bankruptcy Act 1966

Family Law Act 1975

Federal Circuit and Family Court of Australia Act 2021

Part 5—Interactive Gambling Amendment (National Self‑exclusion Register) Act 2019

Interactive Gambling Act 2001

Part 6—National Sports Tribunal Act 2019

National Sports Tribunal Act 2019

Part 7—Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 2019

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Part 8—Student Identifiers Amendment (Enhanced Student Permissions) Act 2020

Student Identifiers Act 2014

Part 9—Telecommunications Legislation Amendment (Competition and Consumer) Act 2020

Telecommunications Act 1997

Telecommunications (Consumer Protection and Service Standards) Act 1999

Schedule 5—Transitional provisions

Part 1—Introduction

Part 2—Continuity of the Family Court of Australia, and Judges and personnel of the Court

Part 3—Continuity of the Federal Circuit Court of Australia, and Judges and personnel of the Court

Part 4—Transitional arrangements for appeals

Division 1—Appeals or applications not made, but time for making appeal or application not expired

Division 2—Matters not substantively heard before the commencement day

Division 3—Matters substantively heard, in whole or in part, before the commencement day

Division 4—Miscellaneous

Part 5—Miscellaneous

Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021

No. 13, 2021

An 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

[Assented to 1 March 2021]

The Parliament of Australia enacts:

1 Short title

This Act is the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021.

2 Commencement

Commencement information
Column 1 Column 2 Column 3
Provisions 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. 1 March 2021
1. 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
1. 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)
1. 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
1. Schedules 2 and 3 At the same time as the provisions covered by table item 2. 1 September 2021
1. 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)
1. 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)
1. 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
1. 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)

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.

(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.

3 Schedules

Schedule 1—Amendments relating to the Federal Circuit and Family Court of Australia

Part 1—Amendments

Family Law Act 1975

1 Subsection 4(1)

Omit “, the standard Rules of Court and the related Federal Circuit Court Rules, unless the contrary intention appears”, substitute “and the applicable Rules of Court”.

2 Subsection 4(1)

Repeal the following definitions:

(a) definition of administrative affairs;

(b) definition of appeal;

3 Subsection 4(1) (definition of applicable Rules of Court)

Repeal the definition, substitute:

applicable Rules of Court:

(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

(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

4 Subsection 4(1) (definition of Chief Executive

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Court challenges and controversies

Gotchas

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Current sections

Repeal of the Federal Circuit Court of Australia Act 1999

Repeals

Communications Legislation Amendment (Deregulation and Other Measures) Act 2019

Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 2019

Student Identifiers Amendment (Enhanced Student Permissions) Act 2020

Telecommunications Legislation Amendment (Competition and Consumer) Act 2020

Short title

Commencement

Schedules

Subsection 4(1) (definition of Chief Executive Officer)

Subsection 4(1)

Subsection 4(1) (at the end of the definition of court)

Subsection 4(1) (definition of Deputy Chief Justice)

Subsection 4(1)

Subsection 4(1)

Subsection 4(1)

Subsection 4(1) (definition of Registrar)

Subsection 4(1) (definition of Registry Manager)

Subsection 4(1)

Subsection 4(1)

Subsection 4(1A)

Subsections 4(2) and (2A)

Subsection 4(3)

Subsection 8(1)

Section 9

Paragraphs 10C(1)(c) and (d)

Paragraphs 10G(1)(c) and (d)

Section 10P

Section 11B (note)

Subsection 11C(1) (note 1)

Section 11D

Subparagraphs 11E(1)(e)(i) and (ia)

Subparagraph 11E(1)(e)(iii)

Section 13G (heading)

Paragraphs 13G(1)(a), (b) and (c)

Subsection 13G(3)

Section 13J (heading)

Paragraphs 13J(1)(a), (b) and (c)

Subsection 13J(2)

Section 13K (heading)

Paragraphs 13K(1)(a) and (b)

Parts IV and IVA

Paragraph 39(1)(a)

Subsections 39(5AA) and (5A)

Paragraph 39(6)(b)

Paragraph 39(6)(d)

Paragraphs 39A(1)(a) and (b)

Paragraphs 39B(1)(a) and (b)

Subsection 39B(1) (notes 1 and 2)

Section 39G

Jurisdiction in relation to transferred matters under other Commonwealth laws

Section 40 (heading)

Subsection 40(1)

Subsection 40(6)

Subsection 40(7)

Section 40A

Subsection 41(3)

Subsection 41(5)

Subsection 43(1)

Subparagraph 44(1B)(a)(ii)

Subparagraph 44(1B)(a)(iii)

Subsection 45(1)

Subsection 45(2)

Paragraphs 45(2)(a) and (b)

Subsection 45(2) (notes 1 and 2)

Subparagraphs 46(1)(a)(i) to (iii)

Subparagraphs 46(1)(b)(i) to (iii)

Paragraphs 46(1C)(a) to (c)