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Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021
Sch 2Further consequential amendments
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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;
(c) definition of the Family Court.
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)
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”.
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”.