809Paragraph 273A(3)(c)

809  Paragraph 273A(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”. 810  Paragraph 273A(3)(d) 811  Paragraph 273A(3)(e) Schedule 3—Repeal of the Federal Circuit Court of Australia Act 1999 Part 1—Repeals Federal Circuit Court of Australia Act 1999 1  The whole of the Act Repeal the Act. Part 2—Saving and transitional provisions 2  Definitions In this Part: 3  Instrument about Commonwealth tenancy disputes Despite the repeal of the Federal Circuit Court of Australia Act 1999:  (a) an instrument made under section 10AA of the Federal Circuit Court of Australia Act 1999 and in force immediately before the commencement day continues in force (and may be dealt with) as if it had been made under section 133 of the Federal Circuit and Family Court of Australia Act 2021; and  (b) on and after the commencement day, the instrument is to be known as the Federal Circuit and Family Court of Australia (Division 2) (Commonwealth Tenancy Disputes) Instrument 2015; and  (c) on and after the commencement day, the instrument applies as if:  (i) the reference in section 3 of the instrument to section 10AA of the Federal Circuit Court of Australia Act 1999 were a reference to section 133 of the Federal Circuit and Family Court of Australia Act 2021; and  (ii) the reference in section 4 of the instrument to the Federal Circuit Court of Australia Act 1999 were a reference to the Federal Circuit and Family Court of Australia Act 2021; and  (iii) any reference in the instrument to the Federal Circuit Court of Australia were a reference to the Federal Circuit and Family Court of Australia (Division 2). 4  Authorisation about handling complaints A written authorisation made under subsection 12(3AB) of the Federal Circuit Court of Australia Act 1999 and in force immediately before the commencement day continues in force (and may be dealt with) as if it had been made under subsection 145(2) of the Federal Circuit and Family Court of Australia Act 2021. 5  Seals and stamps Despite the repeal of the Federal Circuit Court of Australia Act 1999:  (a) the seal of the Federal Circuit Court of Australia, existing immediately before the commencement day, may be affixed to documents (in accordance with subsection 178(3) of the Federal Circuit and Family Court of Australia Act 2021) until the end of the 12‑month period beginning on the commencement day, as if it were the seal of the Federal Circuit and Family Court of Australia (Division 2); and  (b) a Federal Circuit Court of Australia stamp, existing immediately before the commencement day, may be affixed to documents (in accordance with subsection 179(3) of the Federal Circuit and Family Court of Australia Act 2021) until the end of the 12‑month period beginning on the commencement day, as if it were a stamp of the Federal Circuit and Family Court of Australia (Division 2). 6  Oaths and affirmations A written authorisation made under subsection 58(2) of the Federal Circuit Court of Australia Act 1999 and in force immediately before the commencement day continues in force (and may be dealt with) as if it had been made under subsection 194(2) of the Federal Circuit and Family Court of Australia Act 2021. 7  Arrangements with other courts An arrangement made under subsection 90(1) of the Federal Circuit Court of Australia Act 1999 and in force immediately before the commencement day continues in force (and may be dealt with) as if it had been made under subsection 246(1) of the Federal Circuit and Family Court of Australia Act 2021. 8  Arrangements with agencies or organisations An arrangement made under subsection 91(1) of the Federal Circuit Court of Australia Act 1999 and in force immediately before the commencement day continues in force (and may be dealt with) as if it had been made under subsection 247(1) of the Federal Circuit and Family Court of Australia Act 2021. 9  Delegation An instrument made under section 117A of the Federal Circuit Court of Australia Act 1999 and in force immediately before the commencement day continues in force (and may be dealt with) as if it had been made under section 275 of the Federal Circuit and Family Court of Australia Act 2021. 10  Determination of other terms and conditions A determination by the Governor‑General under clause 8 of Schedule 1 to the Federal Circuit Court of Australia Act 1999 and in force immediately before the commencement day continues in force (and may be dealt with) as if it had been made under subsection 119(1) of the Federal Circuit and Family Court of Australia Act 2021. 11  Certification of retired disabled Judges A certification by the Minister under paragraph 9A(2)(a) of Schedule 1 to the Federal Circuit Court of Australia Act 1999 before the commencement day that a person is a retired disabled Judge has effect, on and after that day, as if it were a certification by the Minister under section 122 of the Federal Circuit and Family Court of Australia Act 2021 that the person is a retired disabled Judge. 12  Right of appeal to the Administrative Appeals Tribunal (1) Despite the repeal of the Federal Circuit Court of Australia Act 1999, applications may be made to the Administrative Appeals Tribunal for review of:  (a) a refusal, before the commencement day, of the Minister to certify that a Judge is a retired disabled Judge under subclause 9A(2) of Schedule 1 to that Act; or  (b) a refusal, before the commencement day, by the Minister under paragraph 9D(9)(b) of Schedule 1 to that Act to give a direction; if, on the commencement day, the time for making an application for review of the refusal has not ended. (2) Despite the repeal of the Federal Circuit Court of Australia Act 1999, applications may be made to the Administrative Appeals Tribunal for review of any of the following decisions:  (a) a decision made, before the commencement day, by the Minister under subclause 9D(6) of Schedule 1 to that Act;  (b) a decision made, before the commencement day, by the Minister under subclause 9D(7) of Schedule 1 to that Act to give a direction;  (c) a decision made, before the commencement day, by the Minister under paragraph 9E(4)(c), subparagraph 9E(5)(b)(ii) or subclause 9E(8) of Schedule 1 to that Act;  (d) a decision made, before the commencement day, by the Minister under subparagraph 9F(1)(b)(ii) or (iii) of Schedule 1 to that Act; if, on the commencement day, the time for making an application for review of the decision has not ended. Schedule 4—Contingent amendments Part 1—Aged Care Legislation Amendment (New Commissioner Functions) Act 2019 1  Subparagraphs 92‑1(4)(e)(ii) and 92‑3(2)(e)(ii) Aged Care Quality and Safety Commission Act 2018 2  Subparagraphs 74B(4)(e)(ii) and 74D(2)(e)(ii) Part 2—Communications Legislation Amendment (Deregulation and Other Measures) Act 2019 Communications Legislation Amendment (Deregulation and Other Measures) Act 2019 3  Subparagraph 4(8)(b)(ii) of Schedule 2 Part 3—Fair Work Laws Amendment (Proper Use of Worker Benefits) Act 2021 4  Subsection 539(2) (table item 11A, column 3, paragraph (b)) (b) the Federal Circuit and Family Court of Australia (Division 2) Part 4—Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020 5  Subsections 35B(1), (2) and (3) 6  Subsections 35B(9) and (12) Omit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”. 7  Subsection 47A(2)  (2) Subsection (1) does not apply to:  (a) a decree of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia; or  (b) a decree of the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia made in proceedings in relation to matters arising under Part VIIIC. 8  After section 47B 47BA  Appeals relating to matters arising under Part VIIIC  (1) An appeal lies to the Family Court of Western Australia from:  (a) an interlocutory order of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia; or  (b) a decree of the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia; exercising original jurisdiction invested by Division 2A of Part V. Note: Division 2A of Part V invests jurisdiction with respect to matters arising under Part VIIIC (Superannuation interests relating to Western Australian de facto relationships).  (2) An appeal lies to the Court of Appeal established under the Supreme Court Act 1935 (WA) from:  (a) a decree of the Family Court of Western Australia exercising original jurisdiction invested by Division 2A of Part V of this Act or appellate jurisdiction under this Act; or  (b) a decree (other than an interlocutory order) of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia exercising original jurisdiction invested by Division 2A of Part V of this Act. Note: Division 2A of Part V invests jurisdiction with respect to matters arising under Part VIIIC (Superannuation interests relating to Western Australian de facto relationships).  (3) The Court of Appeal established under the Supreme Court Act 1935 (WA) and the Family Court of Western Australia are each invested with federal jurisdiction with respect to matters arising under Part VIIIC of this Act in respect of which appeals are instituted under this section. 9  Paragraph 90YZH(3)(c) 10  Subsection 123(1) Omit “in the Family Court and, subject to subsection 69GA(3) and section 90YJ, any other courts”, substitute “, subject to subsection 69GA(3) and section 90YJ, in a court”. 11  Subparagraph 26(1)(d)(i) After “a State”, insert “(other than Western Australia)”. 12  After paragraph 26(1)(d)  (da) a judgment of the Family Court of Western Australia exercising original or appellate jurisdiction under:  (i) the Family Law Act 1975 (other than Part VIIIC); or  (ii) the Child Support (Assessment) Act 1989; or  (iii) the Child Support (Registration and Collection) Act 1988; and 13  Subparagraph 26(1)(f)(i) After “Family Law Act 1975”, insert “(other than Part VIIIC)”. 14  Subsection 26(1) (before note 1) Note 1A: Paragraph (da) and subparagraph (f)(i)—for appeals relating to matters arising under Part VIIIC of the Family Law Act 1975: see section 47BA of that Act. Part 5—Interactive Gambling Amendment (National Self‑exclusion Register) Act 2019 15  Subparagraph 61PC(b)(ii) Part 6—National Sports Tribunal Act 2019 National Sports Tribunal Act 2019 16  Paragraph 48(5)(b) Part 7—Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 2019 17  Subparagraph 582A(2)(b)(ii) 18  Subparagraphs 596A(6)(b)(ii) and (7)(g)(ii) Part 8—Student Identifiers Amendment (Enhanced Student Permissions) Act 2020 Student Identifiers Act 2014 19  Paragraph 29D(3)(b) Part 9—Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 Telecommunications Act 1997 20  Section 7 (definition of Federal Circuit Court) Telecommunications (Consumer Protection and Service Standards) Act 1999 21  Subparagraphs 102E(b)(ii) and 102N(5)(b)(ii) Schedule 5—Transitional provisions Part 1—Introduction 1  Definitions In this Schedule: Family Court of a State means a court to which section 41 of the Family Law Act 1975, as amended by this Act, applies. Family Court of Australia means the federal court known, immediately before the commencement day, as the Family Court of Australia. Federal Circuit and Family Court of Australia has the same meaning as in the new law. Federal Circuit Court of Australia means the federal court known, immediately before the commencement day, as the Federal Circuit Court of Australia. Federal Court means the Federal Court of Australia. Full Court, in relation to the Federal Circuit and Family Court of Australia (Division 1), means 2 or more Judges of the Court. new law means the Federal Circuit and Family Court of Australia Act 2021. Part 2—Continuity of the Family Court of Australia, and Judges and personnel of the Court 2  Change in title of judicial offices Chief Justice (1) The office of Chief Justice of the Family Court of Australia under the old law is the same office as the office of Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) under the new law. Deputy Chief Justice (2) The office of Deputy Chief Justice of the Family Court of Australia under the old law is the same office as the office of Deputy Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) under the new law. Senior Judges (3) The office of Senior Judge of the Family Court of Australia under the old law is the same office as the office of Senior Judge of the Federal Circuit and Family Court of Australia (Division 1) under the new law. Judges (4) The office of Judge (other than Senior Judge) of the Family Court of Australia under the old law is the same office as the office of Judge of the Federal Circuit and Family Court of Australia (Division 1) under the new law. (5) In this item: old law means Part IV of the Family Law Act 1975, as in force immediately before the commencement day. 3  Appointments to judicial offices Chief Justice (1) The person holding office as the Chief Justice of the Family Court of Australia immediately before the commencement day continues to hold that office under the title of Chief Justice of the Federal Circuit and Family Court of Australia (Division 1). Deputy Chief Justice (2) The person holding office as the Deputy Chief Justice of the Family Court of Australia immediately before the commencement day continues to hold that office under the title of Deputy Chief Justice of the Federal Circuit and Family Court of Australia (Division 1). Senior Judges (3) A person holding office as a Senior Judge of the Family Court of Australia immediately before the commencement day continues to hold that office under the title of Senior Judge of the Federal Circuit and Family Court of Australia (Division 1). Judges (4) A person holding office as a Judge of the Family Court of Australia (other than a Senior Judge) immediately before the commencement day continues to hold that office under the title of Judge of the Federal Circuit and Family Court of Australia (Division 1). Seniority (5) Despite the repeal of Part IV of the Family Law Act 1975, section 23 of that Act continues to apply to preserve the seniority of all persons who held office as a Judge (including the Chief Justice, the Deputy Chief Justice or a Senior Judge) of the Family Court of Australia immediately before the commencement day. 4  Chief Executive Officer of the Family Court of Australia (1) A person who was, immediately before the commencement day, holding office as the Chief Executive Officer and Principal Registrar of the Family Court of Australia, continues to hold that office under the title of the Chief Executive Officer and Principal Registrar of the Federal Circuit and Family Court of Australia (Division 1). (2) The person holds office, on and after the commencement day:  (a) on the terms and conditions that were applicable to the person immediately before that day; and  (b) for the balance of the person’s term of appointment that remained immediately before that day. 5  Officers and staff of the Family Court of Australia (1) A person who, immediately before the commencement day, was an officer of the Family Court of Australia, as mentioned in paragraph 38N(1)(b), (c), (d), (e) or (f) of the old law, continues on and after that day as an officer of the Federal Circuit and Family Court of Australia (Division 1). (2) A person who, immediately before the commencement day, was a member of the staff of the Registries of the Family Court of Australia (as mentioned in subsection 38N(7) of the old law), continues on and after that day as a member of the staff of the Registries of the Federal Circuit and Family Court of Australia (Division 1). old law means Part IVA of the Family Law Act 1975, as in force immediately before the commencement day. 6  Application of subsection 25B(1) of the Acts Interpretation Act 1901 Subsection 25B(1) of the Acts Interpretation Act 1901 applies as if:  (a) the Family Court of Australia were a body; and  (b) the offices of Chief Justice, Deputy Chief Justice, Senior Judge and Judge were offices. 7  Things done by the Family Court of Australia or Judges of the Court To avoid doubt, the amendments made by this Act do not affect the validity of anything done, before the commencement day, by or in relation to:  (a) the Family Court of Australia; or  (b) a Full Court of the Family Court of Australia; or  (c) the Chief Justice, the Deputy Chief Justice, a Senior Judge or a Judge of the Family Court of Australia; or  (d) a Judge of the Family Court of Australia (including the Chief Justice, the Deputy Chief Justice or a Senior Judge) when performing functions, or exercising powers, under an Act in the Judge’s personal capacity. Note: Paragraph (d)—if a Judge may issue a warrant under an Act and does so, the Judge issues the warrant in the Judge’s personal capacity and not as a member of a court. 8  Things done by, or in relation to, the Chief Executive Officer (1) If a thing was done by, or in relation to, the Chief Executive Officer of the Family Court of Australia, then the thing is taken, for the purposes of the operation of any law on and after the commencement day, to have been done by, or in relation to, the Chief Executive Officer of the Federal Circuit and Family Court of Australia (Division 1). (2) The Minister may, in writing, determine that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Chief Executive Officer of the Family Court of Australia. 9  Things done by, or in relation to, a Registrar or Deputy Registrar (1) If a thing was done by, or in relation to, a Registrar of the Family Court of Australia, then the thing is taken, for the purposes of the operation of any law on and after the commencement day, to have been done by, or in relation to, a Senior Registrar of the Federal Circuit and Family Court of Australia (Division 1). (2) The Minister may, in writing, determine that subitem (1) does not apply in relation to a specified thing done by, or in relation to, a Registrar of the Family Court of Australia. (3) If a thing was done by, or in relation to, a Deputy Registrar of the Family Court of Australia, then the thing is taken, for the purposes of the operation of any law on and after the commencement day, to have been done by, or in relation to, a Registrar of the Federal Circuit and Family Court of Australia (Division 1). (4) The Minister may, in writing, determine that subitem (3) does not apply in relation to a specified thing done by, or in relation to, a Deputy Registrar of the Family Court of Australia. (5) To avoid doubt, doing a thing includes making an instrument. (6) A determination under subitem (2) or (4) is not a legislative instrument. 10  Things done by, or in relation to, a Registry Manager (1) If a thing was done by, or in relation to, the Registry Manager of a Registry of the Family Court of Australia, then the thing is taken, for the purposes of the operation of any law on and after the commencement day, to have been done by, or in relation to, the Registry Manager of a Registry of the Federal Circuit and Family Court of Australia (Division 1). (2) The Minister may, in writing, determine that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Registry Manager of a Registry of the Family Court of Australia. 11  Things done by, or in relation to, the Marshal or a Deputy Marshal (1) If a thing was done by, or in relation to, the Marshal or a Deputy Marshal of the Family Court of Australia, then the thing is taken, for the purposes of the operation of any law on and after the commencement day, to have been done by, or in relation to, the Marshal or a Deputy Marshal of the Federal Circuit and Family Court of Australia (Division 1). (2) The Minister may, in writing, determine that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Marshal or a Deputy Marshal of the Family Court of Australia. 12  Registries Despite the repeal of Part IV of the Family Law Act 1975, a Registry of the Family Court of Australia, existing immediately before the commencement day, continues in existence on and after that day as a Registry of the Federal Circuit and Family Court of Australia (Division 1). 13  Complaints If, in relation to a Judge of the Family Court of Australia:  (a) a complaint is made, on or after the commencement day, about the Judge; and  (b) the circumstances that gave rise to the complaint occurred before the commencement day; then:  (c) the Chief Justice may deal with the complaint under section 48 of the new law; and  (d) for the purposes of dealing with the complaint, the reference to the Federal Circuit and Family Court of Australia (Division 1) in subparagraph (b)(ii) of the definition of relevant belief in subsection 48(4) of the new law is taken to include a reference to the Family Court of Australia. Part 3—Continuity of the Federal Circuit Court of Australia, and Judges and personnel of the Court 14  Change in title of judicial offices (1) The office of Chief Judge of the Federal Circuit Court of Australia under the old law is the same office as the office of Chief Judge of the Federal Circuit and Family Court of Australia (Division 2) under the new law. (2) The office of Judge (other than Chief Judge) of the Federal Circuit Court of Australia under the old law is the same office as the office of Judge of the Federal Circuit and Family Court of Australia (Division 2) under the new law. old law means the Federal Circuit Court of Australia Act 1999, as in force immediately before the commencement day. 15  Appointments to judicial offices Chief Judge (1) The person holding office as the Chief Judge of the Federal Circuit Court of Australia immediately before the commencement day continues to hold that office under the title of Chief Judge of the Federal Circuit and Family Court of Australia (Division 2). Judge (2) A person holding office as a Judge of the Federal Circuit Court of Australia (other than the Chief Judge) immediately before the commencement day continues to hold that office under the title of Judge of the Federal Circuit and Family Court of Australia (Division 2). Assignment of Judges to locations or registries (3) Despite the repeal of the Federal Circuit Court of Australia Act 1999, an instrument made under subsection 12(4) of that Act and in force immediately before the commencement day continues in force (and may be dealt with) as if it had been made under subsection 147(1) of the new law. (4) An approval given under subsection 12(5) of the Federal Circuit Court of Australia Act 1999 in relation to an instrument mentioned in subitem (3), and in force immediately before the commencement day, continues in force (and may be dealt with) as if it had been given under subsection 147(2) of the new law. 16  Officers and staff of the Federal Circuit Court of Australia (1) A person who, immediately before the commencement day, was an officer of the Federal Circuit Court of Australia, as mentioned in paragraph 99(1)(a), (b), (c), (d), (e) or (f) of the old law, continues on and after that day as an officer of the Federal Circuit and Family Court of Australia (Division 2). (2) A person who, immediately before the commencement day, was a member of the staff of the Federal Circuit Court of Australia (as mentioned in section 112 of the old law), continues on and after that day as a member of the staff of the Federal Circuit and Family Court of Australia (Division 2). old law means the Federal Circuit Court of Australia Act 1999, as in force immediately before the commencement day. 17  Application of subsection 25B(1) of the Acts Interpretation Act 1901 Subsection 25B(1) of the Acts Interpretation Act 1901 applies as if:  (a) the Federal Circuit Court of Australia were a body; and  (b) the offices of Chief Judge and Judge were offices. 18  Things done by, or in relation to, the Federal Circuit Court of Australia or Judges of the Court To avoid doubt, the repeal of the Federal Circuit Court of Australia Act 1999, and any other amendment made by this Act, does not affect the validity of anything done, before the commencement day, by or in relation to:  (a) the Federal Circuit Court of Australia; or  (b) the Chief Judge or a Judge of the Federal Circuit Court of Australia; or  (c) a Judge of the Federal Circuit Court of Australia as a Federal Magistrate; or  (d) a Judge of the Federal Circuit Court of Australia (including the Chief Judge) when performing functions, or exercising powers, under an Act in the Judge’s personal capacity. Note: Paragraph (d)—if a Judge may issue a warrant under an Act and does so, the Judge issues the warrant in the Judge’s personal capacity and not as a member of a court. 19  Things done by, or in relation to, the Chief Executive Officer (1) If a thing was done by, or in relation to, the Chief Executive Officer of the Federal Circuit Court of Australia, then, despite the repeal of the Federal Circuit Court of Australia Act 1999, the thing is taken, for the purposes of the operation of any law on and after the commencement day, to have been done by, or in relation to, the Chief Executive Officer of the Federal Circuit and Family Court of Australia (Division 1). (2) The Minister may, in writing, determine that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Chief Executive Officer of the Federal Circuit Court of Australia. 20  Things done by, or in relation to, a Registrar (1) If a thing was done by, or in relation to, a Registrar of the Federal Circuit Court of Australia, then, despite the repeal of the Federal Circuit Court of Australia Act 1999, the thing is taken, for the purposes of the operation of any law on and after the commencement day, to have been done by, or in relation to, a Registrar of the Federal Circuit and Family Court of Australia (Division 2). (2) The Minister may, in writing, determine that subitem (1) does not apply in relation to a specified thing done by, or in relation to, a Registrar of the Federal Circuit Court of Australia. 21  Things done by, or in relation to, the Sheriff or a Deputy Sheriff (1) If a thing was done by, or in relation to, the Sheriff or a Deputy Sheriff of the Federal Circuit Court of Australia, then, despite the repeal of the Federal Circuit Court of Australia Act 1999, the thing is taken, for the purposes of the operation of any law on and after the commencement day, to have been done by, or in relation to, the Sheriff or a Deputy Sheriff of the Federal Circuit and Family Court of Australia (Division 2). (2) The Minister may, in writing, determine that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Sheriff or a Deputy Sheriff of the Federal Circuit Court of Australia. 22  Things done by, or in relation to, the Marshal or a Deputy Marshal (1) If a thing was done by, or in relation to, the Marshal or a Deputy Marshal of the Federal Circuit Court of Australia, then, despite the repeal of the Federal Circuit Court of Australia Act 1999, the thing is taken, for the purposes of the operation of any law on and after the commencement day, to have been done by, or in relation to, the Marshal or a Deputy Marshal of the Federal Circuit and Family Court of Australia (Division 2). (2) The Minister may, in writing, determine that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Marshal or a Deputy Marshal of the Federal Circuit Court of Australia. 23  Registries Despite the repeal of the Federal Circuit Court of Australia Act 1999, a Registry of the Federal Circuit Court of Australia, existing immediately before the commencement day, continues in existence on and after that day as a Registry of the Federal Circuit and Family Court of Australia (Division 2). 24  Complaints If, in relation to a Judge of the Federal Circuit Court of Australia:  (a) a complaint is made, on or after the commencement day, about the Judge; and  (b) the circumstances that gave rise to the complaint occurred before the commencement day; then:  (c) the Chief Judge may deal with the complaint under section 145 of the new law; and  (d) for the purposes of dealing with the complaint, the reference to the Federal Circuit and Family Court of Australia (Division 2) in subparagraph (b)(ii) of the definition of relevant belief in subsection 145(4) of the new law is taken to include a reference to the Federal Circuit Court of Australia. Part 4—Transitional arrangements for appeals Division 1—Appeals or applications not made, but time for making appeal or application not expired 25  Appeals to the High Court If:  (a) on the day before the commencement day, an application for special leave to appeal could be made under section 95 of the Family Law Act 1975; and  (b) despite the amendments to the Family Law Act 1975 made by this Act, on the commencement day the time for making the application has not ended; then, on or after the commencement day, the application may be made to the High Court. 26  Appeals to Federal Circuit and Family Court of Australia (Division 1)  (a) on the day before the commencement day, either:  (i) an appeal could be instituted under Part X of the Family Law Act 1975; or  (ii) an application for leave to appeal could be made under section 94AA of that Act; and  (b) despite the amendments to the Family Law Act 1975 made by this Act, on the commencement day the time for instituting the appeal or making the application has not ended; then, on or after the commencement day, the appeal or application may be made to the Federal Circuit and Family Court of Australia (Division 1). (2) For the purposes of subitem (1), an appeal or application for leave to appeal must be made in accordance with the Rules of Court made under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021. (3) To avoid doubt, the Federal Circuit and Family Court of Australia (Division 1) is to hear and determine the appeal or application according to: 27  Extensions of time to appeal or seek leave to appeal (1) Despite the amendments to the Family Law Act 1975 made by this Act, if, on the commencement day, a person could seek an extension of time:  (a) to institute an appeal under the Family Law Act 1975; or  (b) to apply for leave to appeal under that Act; then, on or after the commencement day, the person may apply to the Federal Circuit and Family Court of Australia (Division 1) to seek such an extension of time. (2) To avoid doubt, the Federal Circuit and Family Court of Australia (Division 1) is to hear and determine the application according to: Division 2—Matters not substantively heard before the commencement day 28  Matters before a Judge or Full Court of the Family Court of Australia Matters to be substantively heard by the Federal Circuit and Family Court of Australia (Division 1) (1) Subject to subitems (3) and (4), if:  (a) before the commencement day, any of the following occur:  (i) an application is made under section 94AA of the Family Law Act 1975 for leave to appeal under Part X of that Act;  (ii) an appeal is instituted, as allowed by Part X of that Act;  (iii) facts and a question of law are stated in the form of a special case for the opinion of a Full Court of the Family Court of Australia; and  (i) there has not been a substantive hearing of the application, appeal or special case by the Full Court of the Family Court of Australia; or  (ii) in the case of an application referred to in subparagraph (a)(i) that could be determined by a single Judge of the Family Court of Australia, there has not been a substantive hearing of the application by a single Judge of the Court; then, on or after the commencement day, the Federal Circuit and Family Court of Australia (Division 1) is to hear and determine the application, appeal or special case, as if the application were made to, the appeal instituted in, or the special case stated for, the Federal Circuit and Family Court of Australia (Division 1). (2) To avoid doubt, the Federal Circuit and Family Court of Australia (Division 1) is to hear and determine the application, appeal or special case according to: Federal Circuit and Family Court of Australia (Division 1) to deal with certain applications of a procedural nature first (3) If, on the day before the commencement day, a Full Court of the Family Court of Australia has reserved judgment on an application of a procedural nature (as mentioned in subsection 94(2D) or 94AAA(10) of the Family Law Act 1975) in relation to an application or appeal mentioned in paragraph (1)(a), then, on or after the commencement day, a Full Court of the Federal Circuit and Family Court of Australia (Division 1) must deliver the judgment on the procedural application. Note: For provisions relating to the constitution of a Full Court, see item 32. (4) If, on the day before the commencement day, a single Judge of the Family Court of Australia has reserved judgment on an application of a procedural nature (as mentioned in subsection 94(2D) or 94AAA(10) of the Family Law Act 1975) in relation to an application or appeal mentioned in paragraph (1)(a), then, on or after the commencement day, a single Judge of the Federal Circuit and Family Court of Australia (Division 1) must deliver the judgment on the procedural application. Note: For provisions relating to the unavailability of a Judge, see item 33. (5) Once judgment has been delivered on the procedural application, as mentioned in subitem (3) or (4), the application or appeal mentioned in paragraph (1)(a) is to be dealt with by the Federal Circuit and Family Court of Australia (Division 1) as required by subitem (1). Federal Circuit and Family Court of Australia (Division 1) to deal with other applications of a procedural nature (6) If, on the day before the commencement day:  (a) an application of a procedural nature (as mentioned in subsection 94(2D) or 94AAA(10) of the Family Law Act 1975) exists in relation to an application or appeal mentioned in paragraph (1)(a); and  (b) subitems (3) and (4) do not apply; the Federal Circuit and Family Court of Australia (Division 1) must deal with the procedural application before dealing with the application or appeal mentioned in paragraph (1)(a) as required by subitem (1), and for this purpose, subitem (2) applies. Full Court divided in opinion (7) If the Judges constituting the Full Court of the Federal Circuit and Family Court of Australia (Division 1) are divided in opinion as to the judgment to be pronounced on an application of a procedural nature:  (a) if there is a majority—judgment is be pronounced according to the opinion of the majority; and  (b) if the Judges are equally divided in opinion:  (i) in the case of an appeal from a judgment of the Family Court of Australia constituted by a single Judge, or of a Family Court of a State or the Supreme Court of a State or Territory—the judgment appealed from is to be affirmed; and  (ii) in any other case—the opinion of the Chief Justice or, if the Chief Justice is not one of the Judges constituting the Full Court, the opinion of the most senior of the Judges constituting the Full Court is to prevail. Jurisdiction to hear applications of a procedural nature (8) To avoid doubt:  (a) a Full Court of the Federal Circuit and Family Court of Australia (Division 1) has jurisdiction to deal with an application of a procedural nature for the purposes of subitem (3); and  (b) a single Judge of the Federal Circuit and Family Court of Australia (Division 1) has jurisdiction to deal with an application of a procedural nature for the purposes of subitem (4). 29  Appeals from courts of summary jurisdiction Appeals before a single Judge of the Family Court of Australia  (a) before the commencement day, an appeal is instituted, as allowed by section 96 of the Family Law Act 1975; and  (b) on the day before the commencement day, both:  (i) there has not been a substantive hearing of the appeal by a single Judge of the Family Court of Australia; and  (ii) the appeal has not been referred to the Full Court of the Family Court of Australia under subsection 96(5) of that Act; then, on or after the commencement day, a single Judge of the Federal Circuit and Family Court of Australia (Division 1) is to hear and determine the appeal. (2) To avoid doubt, the Judge of the Federal Circuit and Family Court of Australia (Division 1) is to hear and determine the appeal or application according to: Appeals before a Full Court of the Family Court of Australia (3) If:  (a) before the commencement day:  (i) an appeal is instituted, as allowed by section 96 of the Family Law Act 1975; and  (ii) the appeal has been referred to, or an application has been made for referral to, a Full Court of the Family Court of Australia under subsection 96(5) of that Act; and  (b) on the day before the commencement day, there has not been a substantive hearing of the appeal or application by a Full Court of the Family Court of Australia; then, despite the referral or application for referral to a Full Court of the Family Court of Australia, on or after the commencement day, a Full Court of the Federal Circuit and Family Court of Australia (Division 1) is to hear and determine the appeal or application. (4) To avoid doubt, the Full Court of the Federal Circuit and Family Court of Australia (Division 1) is to hear and determine the appeal or application according to: Division 3—Matters substantively heard, in whole or in part, before the commencement day 30  Matters before the Full Court of the Family Court of Australia Judgment to be delivered by the Federal Circuit and Family Court of Australia (Division 1)  (a) before the commencement day, a Full Court of the Family Court of Australia has heard, in whole or in part, any of the following:  (i) an application made under section 94AA of the Family Law Act 1975 for leave to appeal under Part X of that Act;  (ii) an appeal allowed by Part X of that Act;  (iii) an appeal referred under subsection 96(5) of that Act;  (iv) a special case for the opinion of the Full Court; and  (i) a substantive hearing of the application, appeal or special case has not concluded; or  (ii) a substantive hearing of the application, appeal or special case has concluded, but judgment has not been delivered in relation to the application, appeal or special case; then, on or after the commencement day, despite the amendments to the Family Law Act 1975 made by this Act, the Federal Circuit and Family Court of Australia (Division 1), constituted as a Full Court, must:  (c) if required, conclude the substantive hearing of the application, appeal or special case; and  (d) deliver the judgment in relation to the application, appeal or special case. Regard may be had to prior evidence (2) A Full Court of the Federal Circuit and Family Court of Australia (Division 1) may have regard to any evidence given or received, and arguments adduced, by or before the Full Court of the Family Court of Australia, as constituted before the commencement day. Reasons for decision may be given in short form in certain cases (3) Except in the case of an appeal referred under subsection 96(5) of the Family Law Act 1975, if, in dismissing an appeal, a Full Court of the Federal Circuit and Family Court of Australia (Division 1) is of the opinion that the appeal does not raise any question of general principle, it may give reasons for its decision in short form. Full Court divided in opinion (4) If the Judges constituting a Full Court of the Federal Circuit and Family Court of Australia (Division 1) are divided in opinion as to the judgment to be pronounced:  (a) if there is a majority—judgment is to be pronounced according to the opinion of the majority; and  (b) if the Judges are equally divided in opinion:  (i) in the case of an appeal from a judgment of the Family Court of Australia constituted by a single Judge, or of a Family Court of a State or the Supreme Court of a State or Territory—the judgment appealed from is to be affirmed; and  (ii) in any other case—the opinion of the Chief Justice or, if the Chief Justice is not one of the Judges constituting the Full Court, the opinion of the most senior of the Judges constituting the Full Court is to prevail. Appellate jurisdiction (5) To avoid doubt, a Full Court of the Federal Circuit and Family Court of Australia (Division 1) has appellate jurisdiction for the purposes of this item. 31  Matters before a Judge of the Family Court of Australia Judgment to be delivered by Judge of the Federal Circuit and Family Court of Australia (Division 1)  (a) before the commencement day, a single Judge of the Family Court of Australia has heard, in whole or in part, either of the following:  (i) an application made under section 94AA of the Family Law Act 1975 for leave to appeal under Part X of that Act;  (ii) an appeal allowed by Part X of that Act; and  (i) a substantive hearing of the application or appeal has not concluded; or  (ii) a substantive hearing of the application or appeal has concluded, but judgment has not been delivered in relation to the application or appeal; then, on or after the commencement day, despite the amendments to the Family Law Act 1975 made by this Act, the Judge, as a Judge of the Federal Circuit and Family Court of Australia (Division 1), must deliver the judgment in relation to the application or appeal. Note: For provisions relating to the unavailability of a Judge, see item 33. Reasons for decision may be given in short form in certain cases (2) Except in the case of an appeal under section 96 of the Family Law Act 1975, if, in dismissing an appeal, a single Judge of the Federal Circuit and Family Court of Australia (Division 1) is of the opinion that the appeal does not raise any question of general principle, the Judge may give reasons for the Judge’s decision in short form. Appellate jurisdiction (3) To avoid doubt, a single Judge of the Federal Circuit and Family Court of Australia (Division 1) has appellate jurisdiction for the purposes of this item. Division 4—Miscellaneous 32  Constituting a Full Court of the Federal Circuit and Family Court of Australia (Division 1) (1) For the purposes of subitems 28(3) and 30(1), if:  (a) one or more of the Judges involved in hearing and determining the application, appeal or special case are not available to constitute a Full Court of the Federal Circuit and Family Court of Australia (Division 1); and  (b) the allocation of another Judge is necessary to constitute a Full Court; the Chief Justice must allocate another Judge of the Federal Circuit and Family Court of Australia (Division 1) to be a member of the Full Court. (2) For the purposes of subitems 28(3) and 30(1), if:  (a) one or more of the Judges involved in hearing and determining the application, appeal or special case are not available to constitute a Full Court of the Federal Circuit and Family Court of Australia (Division 1); and  (b) the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) otherwise considers it necessary; the Chief Justice may allocate another Judge of the Federal Circuit and Family Court of Australia (Division 1) to be a member of the Full Court. 33  Unavailability of a Judge of the Federal Circuit and Family Court of Australia (Division 1) (1) For the purposes of subitems 28(4) and 31(1), if the single Judge of the Federal Circuit and Family Court of Australia (Division 1) involved in hearing and determining the application or appeal is not available to deliver judgment in relation to the application or appeal, the Chief Justice must allocate another Judge of the Court to do so. (2) The Judge of the Federal Circuit and Family Court of Australia (Division 1) so allocated:  (a) may have regard to any evidence given or received, and arguments adduced, by or before the Judge of the Family Court of Australia before the commencement day; and  (b) may receive further evidence or submissions, or hear further argument, if required. 34  Other matters (1) If an application is made before, on or after the commencement day that relates, or is incidental, to a proceeding mentioned in a preceding item of this Part, then the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) may give any direction necessary to ensure that the application is heard and determined, and judgment is delivered, pending the disposal of the proceeding. (2) When giving a direction, as allowed by subitem (1), the Chief Justice must consider the workload and resources of the Federal Circuit and Family Court of Australia. 35  Application of case management provisions Division 4 of Part 5 of Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021 (Case management) applies in relation to:  (a) a proceeding commenced before the commencement day that will come before the Federal Circuit and Family Court of Australia (Division 1) because of an item of this Part; and  (b) a proceeding commencing on or after the commencement day that comes before the Federal Circuit and Family Court of Australia (Division 1) because of an item of this Part.