Commonwealth of Australia Bills

[Index] [Search] [Download] [Related Items] [Help]

This is a Bill, not an Act. For current law, see the Acts databases.

JURISDICTION OF THE FEDERAL MAGISTRATES COURT LEGISLATION AMENDMENT BILL 2005

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repealed as set out in the applicable items in the Schedule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

 

[Index] [Search] [Download] [Related Items] [Help]