2004-2005 The Parliament of the Commonwealth of Australia THE SENATE Presented and read a first time Jurisdiction of the Federal Magistrates Court Legislation Amendment Bill 2005 No. , 2005 (Attorney-General) A Bill for an Act to amend the law relating to the jurisdiction of the Federal Magistrates Court, and for related purposes [Page Break] 1 Short title ...........................................................................................1 2 Commencement.................................................................................1 3 Schedule(s) ........................................................................................2 Schedule 1--Jurisdiction over trade practices 3 Trade Practices Act 1974 3 Schedule 2--Jurisdiction in proceedings transferred from Family Court or Federal Court 4 Family Law Act 1975 4 Federal Court of Australia Act 1976 4 Schedule 3--Jurisdiction over certain admiralty actions 6 Admiralty Act 1988 6 Schedule 4--Jurisdiction over appeals against departure prohibition orders 7 Child Support (Registration and Collection) Act 1988 7 Federal Court of Australia Act 1976 7 Jurisdiction of the Federal Magistrates Court Legislation Amendment Bill 2005 No. , 2005 ii [Page Break] 2 jurisdiction of the Federal Magistrates Court, and 3 for related purposes 4 The Parliament of Australia enacts: 5 1 Short title 6 This Act may be cited as the Jurisdiction of the Federal 7 Magistrates Court Legislation Amendment Act 2005. 8 2 Commencement 9 (1) Each provision of this Act specified in column 1 of the table 10 commences, or is taken to have commenced, in accordance with 11 column 2 of the table. Any other statement in column 2 has effect 12 according to its terms. 13 Jurisdiction of the Federal Magistrates Court Legislation Amendment Bill 2005 No. , 2005 1 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedules 1 to The 28th day after the day on which this Act 4 receives the Royal Assent. 1 Note: This table relates only to the provisions of this Act as originally 2 passed by the Parliament and assented to. It will not be expanded to 3 deal with provisions inserted in this Act after assent. 4 (2) Column 3 of the table contains additional information that is not 5 part of this Act. Information in this column may be added to or 6 edited in any published version of this Act. 7 3 Schedule(s) 8 Each Act that is specified in a Schedule to this Act is amended or 9 repealed as set out in the applicable items in the Schedule 10 concerned, and any other item in a Schedule to this Act has effect 11 according to its terms. 2 Jurisdiction of the Federal Magistrates Court Legislation Amendment Bill 2005 No. , 2005 [Page Break] 1 2 Schedule 1--Jurisdiction over trade practices 3 4 Trade Practices Act 1974 5 1 Subsection 86(1A) 6 Omit "Division 1 or 1A of Part V", substitute "Part IVA, Part IVB, 7 Division 1, 1AAA, 1A or 2A of Part V or Part VA". 8 2 Application of amendment of subsection 86(1A) 9 The amendment of subsection 86(1A) of the Trade Practices Act 1974 10 made by this Schedule applies in relation to matters arising before, on 11 or after the commencement of this Schedule. 12 3 Section 86AA 13 After "under", insert "Part VA or". 14 Note: The heading to section 86AA is altered by omitting "in proceedings under 15 section 82". 16 4 Paragraph 86AA(a) 17 Omit "$200,000", substitute "$750,000". 18 5 Application of amendments of section 86AA 19 The amendments of section 86AA of the Trade Practices Act 1974 20 made by this Schedule apply to: 21 (a) proceedings instituted in the Federal Magistrates Court after 22 the commencement of this Schedule; and 23 (b) proceedings instituted in another court before, on or after the 24 commencement of this Schedule and transferred to the 25 Federal Magistrates Court after the commencement of this 26 Schedule. Jurisdiction of the Federal Magistrates Court Legislation Amendment Bill 2005 No. , 2005 3 [Page Break] 1 2 Schedule 2--Jurisdiction in proceedings 3 transferred from Family Court or 4 Federal Court 5 6 Family Law Act 1975 7 1 After subsection 33B(8) 8 Insert: 9 (8A) The Federal Magistrates Court has jurisdiction in a matter that: 10 (a) is the subject of a proceeding transferred to the court under 11 this section; and 12 (b) is a matter in which the court does not have jurisdiction apart 13 from this subsection. 14 To avoid doubt, the court's jurisdiction under this subsection is not 15 subject to limits set by another provision. 16 2 After subsection 33C(3) 17 Insert: 18 (3A) The Federal Magistrates Court has jurisdiction in a matter that: 19 (a) is the subject of a proceeding transferred to the court under 20 this section; and 21 (b) is a matter in which the court does not have jurisdiction apart 22 from this subsection. 23 To avoid doubt, the court's jurisdiction under this subsection is not 24 subject to limits set by another provision. 25 Federal Court of Australia Act 1976 26 3 After subsection 32AB(8) 27 Insert: 28 (8A) The Federal Magistrates Court has jurisdiction in a matter that: 29 (a) is the subject of a proceeding transferred to the court under 30 this section; and 4 Jurisdiction of the Federal Magistrates Court Legislation Amendment Bill 2005 No. , 2005 [Page Break] 1 (b) is a matter in which the court does not have jurisdiction apart 2 from this subsection. 3 To avoid doubt, the court's jurisdiction under this subsection is not 4 subject to limits set by another provision. 5 4 Application of amendments 6 The amendments of the Family Law Act 1975 and the Federal Court of 7 Australia Act 1976 made by this Schedule apply in relation to 8 proceedings started before, on or after the commencement of this 9 Schedule. Jurisdiction of the Federal Magistrates Court Legislation Amendment Bill 2005 No. , 2005 5 [Page Break] 1 2 Schedule 3--Jurisdiction over certain 3 admiralty actions 4 5 Admiralty Act 1988 6 1 Subsection 9(1) 7 After "Federal Court", insert ", the Federal Magistrates Court". 8 2 Application of amendment of section 9 9 The amendment of section 9 of the Admiralty Act 1988 made by this 10 Schedule applies in relation to matters arising before, on or after the 11 commencement of this Schedule. 12 3 Subsection 27(1) 13 After "Federal Court,", insert "in the Federal Magistrates Court,". 14 4 Before paragraph 28(1)(a) 15 Insert: 16 (aa) the Federal Magistrates Court; or 17 5 Subsection 28(7) 18 After "if that court is", insert "the Federal Magistrates Court or". 19 6 Application of amendments of sections 27 and 28 20 The amendments of sections 27 and 28 of the Admiralty Act 1988 made 21 by this Schedule apply in relation to proceedings started before, on or 22 after the commencement of this Schedule. 23 7 Subsection 41(4) 24 After "Federal Court", insert ", the Federal Magistrates Court". 25 8 Application of amendment of section 41 26 The amendment of section 41 of the Admiralty Act 1988 made by this 27 Schedule applies in relation to matters arising before, on or after the 28 commencement of this Schedule. 6 Jurisdiction of the Federal Magistrates Court Legislation Amendment Bill 2005 No. , 2005 [Page Break] 1 2 Schedule 4--Jurisdiction over appeals against 3 departure prohibition orders 4 5 Child Support (Registration and Collection) Act 1988 6 1 Subsection 72Q(1) 7 After "Federal Court of Australia", insert "or the Federal Magistrates 8 Court". 9 2 Application of amendment of section 72Q 10 The amendment of section 72Q of the Child Support (Registration and 11 Collection) Act 1988 made by this Schedule applies in relation to 12 departure prohibition orders made before, on or after the 13 commencement of this Schedule. 14 3 At the end of subsection 107A(1) 15 Add: 16 However, an appeal does not lie to the Family Court from a decree 17 of the Federal Magistrates Court exercising jurisdiction under 18 section 72Q. 19 Note: An appeal from a decree of the Federal Magistrates Court exercising 20 jurisdiction under section 72Q lies to the Federal Court of Australia. 21 Federal Court of Australia Act 1976 22 4 At the end of subsection 24(1) 23 Add: 24 ; and (e) appeals from judgments of the Federal Magistrates Court 25 exercising jurisdiction under section 72Q of the Child 26 Support (Registration and Collection) Act 1988. 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