10Acting Chief Judge

#### 10 Acting Chief Judge 393 Subclauses 10(1) and (3) of Schedule 1 Omit “Federal Magistrate” (wherever occurring), substitute “Judge”. 394 Subclause 10(3) of Schedule 1 Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”. 395 Subclause 10(3) of Schedule 1 (note) Omit “Federal Magistrate”, substitute “Judge”. 396 Subclause 10(3) of Schedule 1 (note) Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”. 397 Schedule 2 (heading) Repeal the heading, substitute: Schedule 2—Personnel provisions relating to Chief Executive Officer 398 Clause 2 of Schedule 2 Omit “Federal Magistrate”, substitute “Judge”. 399 Clause 3 of Schedule 2 Omit “Federal Magistrate’s”, substitute “Judge’s”. 400 Subclause 5(2) of Schedule 2 Omit “Federal Magistrate” (wherever occurring), substitute “Judge”. 401 Paragraph 7(2)(c) of Schedule 2 Omit “Federal Magistrate’s”, substitute “Judge’s”. 402 Clauses 8 and 9 of Schedule 2 Omit “Federal Magistrate”, substitute “Judge”. Judges (Long Leave Payments) Act 1979 403 Title Omit “Federal Magistrates”, substitute “Judges of the Federal Circuit Court of Australia”. 404 Section 3 (paragraph (a) of the definition of Judge) Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”. Judges’ Pensions Act 1968 405 Subsection 4(1) (paragraph (a) of the definition of Judge) Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”. Maternity Leave (Commonwealth Employees) Act 1973 406 Paragraph 5(3)(ba) Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”. Parliamentary Contributory Superannuation Act 1948 407 Subsection 21B(1) (paragraph (b) of the definition of holder of an office of profit under the Commonwealth) Omit “(other than the Federal Magistrates Court)”. 408 Subsection 21B(1) (paragraph (ba) of the definition of holder of an office of profit under the Commonwealth) Repeal the paragraph. Schedule 2—Transitional and saving provisions Part 1—Definitions 1 Definitions In this Schedule: commencement time means the time when this Schedule commences. new Act means the Federal Circuit Court of Australia Act 1999 as in force after the commencement time. old Act means the Federal Magistrates Act 1999 as in force immediately before the commencement time. Part 2—Continuity of the Federal Magistrates Court, Federal Magistrates and personnel 2 Transitional—change of title of offices of Chief Federal Magistrate and Federal Magistrate (1) The office of Chief Federal Magistrate of the Federal Magistrates Court under the old Act is the same office as the office of Chief Judge of the Federal Circuit Court of Australia under the new Act. (2) The office of a Federal Magistrate (other than Chief Federal Magistrate) of the Federal Magistrates Court under the old Act is the same office as the office of Judge (other than Chief Judge) of the Federal Circuit Court of Australia under the new Act. 3 Transitional—subsection 25B(1) of the Acts Interpretation Act 1901 Subsection 25B(1) of the Acts Interpretation Act 1901 applies as if: (a) the Federal Magistrates Court were a body; and (b) the office of Chief Federal Magistrate and the office of Federal Magistrate were offices. 4 Transitional—officers and staff of the Federal Magistrates Court Chief Executive Officer (1) The person who, immediately before the commencement time, was the Chief Executive Officer of the Federal Magistrates Court continues, after that time, as the Chief Executive Officer of the Federal Circuit Court of Australia. Other officers (2) A person who, immediately before the commencement time, was an officer of the Federal Magistrates Court as mentioned in paragraph 99(1)(a), (b), (c), (d), (e) or (f) of the old Act continues, after that time, as an officer of the Federal Circuit Court of Australia. Staff (3) A person who, immediately before the commencement time, was a member of the staff of the Federal Magistrates Court as mentioned in section 112 of the old Act continues, after that time, as a member of the staff of the Federal Circuit Court of Australia. 5 Saving—things done by Federal Magistrates Court or Federal Magistrate before commencement time To avoid doubt, the amendments made by Schedule 1 do not affect the validity of anything done by the Federal Magistrates Court or a Federal Magistrate before the commencement time. 6 Transitional—Rules of Court (1) To avoid doubt, Rules of Court that were in force under the old Act immediately before the commencement time are taken, after that time, to be Rules of Court covered by section 81 of the new Act. (2) Subitem (1) does not prevent the amendment or repeal of Rules of Court covered by that subitem. Part 3—Retired disabled Federal Magistrates 7 Certification of retired disabled Federal Magistrates (1) This item applies if, before the commencement time, the Minister certified, under paragraph 9A(2)(a) of Schedule 1 to the Federal Magistrates Act 1999, that a person is a retired disabled Federal Magistrate. (2) The certification has effect, after that time, as if it were a certification, under paragraph 9A(2)(a) of Schedule 1 to the new Act, that the person is a retired disabled Judge. 8 Prior judicial service (1) If, before the commencement time, a person was appointed as a Federal Magistrate under the Federal Magistrates Act 1999, then, after that time, section 5A of the new Act has effect as if that appointment were an appointment of the person as a Judge. (2) After the commencement time, paragraph 9B(3)(b) of Schedule 1 to the new Act has effect as if paragraph (c) of the definition of prior judicial service in section 5 of the new Act included a reference to a Federal Magistrate. Part 4—Other matters 9 Transitional regulations The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedule 1. 10 Schedule does not limit operation of section 7 or subsection 25B(1) of the Acts Interpretation Act 1901 This Schedule does not limit the operation of section 7 or subsection 25B(1) of the Acts Interpretation Act 1901.