FEDERAL COURT OF AUSTRALIA ACT 1976

This compilation was prepared on 15 July 2009
taking into account amendments up to Act No. 55 of 2009

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated
may be affected by application provisions that are set out in
the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General's Department, Canberra

Contents

Part I--Preliminary 1

1............ Short title [see Note 1] ....................................................................... 1

2............ Commencement [see Notes 1 and 2] .................................................. 1

3............ Extension to Territories ...................................................................... 1

4............ Interpretation ...................................................................................... 1

4A......... Application of the Criminal Code ...................................................... 2

Part II--Federal Court of Australia 3

Division 1--Constitution of the Court 3

5............ Creation of Court ................................................................................ 3

6............ Appointment, removal and resignation of Judges .............................. 3

6A......... Assignment of Judges to Divisions .................................................... 4

7............ Acting Chief Justice ............................................................................ 4

8............ Seniority ............................................................................................. 4

9............ Salary and allowances of Judges ......................................................... 5

10.......... Appropriation .................................................................................... 5

11.......... Oath or affirmation of office ............................................................... 5

12.......... Place of sitting .................................................................................... 5

13.......... General and Fair Work Divisions of the Court ................................... 5

14.......... Manner in which Court may be constituted ....................................... 6

15.......... Arrangement of business of Court ...................................................... 7

15A....... Consultation between Chief Justice and Chief Judge of Family Court 8

16.......... Court divided in opinion ..................................................................... 9

17.......... Exercise of jurisdiction in open court and in Chambers ...................... 9

18.......... Powers of Court to extend to whole of Australia ............................. 10

Part IIA--Management of the Court 11

Division 1--Management responsibilities of Chief Justice and Registrar 11

18A....... Management of administrative affairs of Court ................................ 11

18B....... Registrar ............................................................................................ 11

18BA.... Arrangements with agencies or organisations ................................... 11

Division 2--Appointment, powers etc. of Registrar 13

18C....... Appointment of Registrar ................................................................ 13

18D....... Powers of Registrar .......................................................................... 13

18E........ Remuneration of Registrar ................................................................ 13

18F........ Terms and conditions of appointment of Registrar .......................... 13

18G....... Leave of absence ............................................................................... 14

18H....... Resignation ....................................................................................... 14

18J........ Outside employment of Registrar .................................................... 14

18K....... Termination of appointment ............................................................ 14

18L........ Disclosure of interests by Registrar ................................................. 15

18M...... Acting Registrar ................................................................................ 16

Division 3--Other officers and staff of Registries 17

18N....... Personnel other than the Registrar .................................................... 17

18P........ Sheriff ............................................................................................... 17

18Q....... Statutory Agency etc. for purposes of Public Service Act .............. 18

18R....... Engagement of consultants etc. ......................................................... 18

Division 4--Miscellaneous administrative matters 19

18S........ Annual report ................................................................................... 19

18W...... Delegation of administrative powers of Chief Justice ...................... 19

18X....... Proceedings arising out of administration of Court .......................... 19

18Y....... Oath or affirmation of office ............................................................. 19

Part III--Jurisdiction of the Court 21

Division 1--Original Jurisdiction 21

19.......... Original jurisdiction .......................................................................... 21

20.......... Exercise of original jurisdiction ......................................................... 21

21.......... Declarations of right ......................................................................... 22

22.......... Determination of matter completely and finally .............................. 23

23.......... Making of orders and issue of writs ................................................. 23

Division 2--Appellate and related Jurisdiction 24

24.......... Appellate jurisdiction ....................................................................... 24

25.......... Exercise of appellate jurisdiction ...................................................... 25

26.......... Cases stated and questions reserved ................................................. 27

27.......... Evidence on appeal ........................................................................... 27

28.......... Form of judgment on appeal ............................................................. 28

29.......... Stay of proceedings and suspension of orders ................................. 29

29A....... Prison sentence not to include time on bail ...................................... 29

30.......... New trials ......................................................................................... 29

Division 3--General 31

31.......... Contempt of Court ........................................................................... 31

31A....... Summary judgment ........................................................................... 31

32.......... Jurisdiction in associated matters ..................................................... 32

32AA.... Proceedings not to be instituted in the Court if an associated matter is before the Federal Magistrates Court 32

32AB.... Discretionary transfer of proceedings to the Federal Magistrates Court 32

32A....... State Supreme Courts invested with jurisdiction in Chambers ........ 34

Part IIIA--Trans‑Tasman market proceedings 35

Division 1--Preliminary 35

32B....... Interpretation .................................................................................... 35

Division 2--Exercise in New Zealand of jurisdiction by Federal Court 37

32C....... Federal Court sittings in New Zealand etc. ...................................... 37

32D....... New Zealand counsel entitled to practise in Federal Court in New Zealand 37

32E........ Australian injunction may be made in relation to New Zealand conduct etc. 37

32F........ Service of injunction in New Zealand etc. ........................................ 38

Division 3--Exercise in Australia of jurisdiction by High Court of New Zealand 39

32M...... High Court of New Zealand sittings in Australia etc. ...................... 39

32N....... Privileges, protection and immunity of participants in New Zealand proceedings 40

32P........ High Court of New Zealand may administer oath in Australia etc. . 40

32Q....... Service of New Zealand injunctions in Australia etc. ....................... 40

Division 4--Taking of evidence by Federal Court for High Court of New Zealand 41

32T....... Taking of evidence by Federal Court ................................................ 41

32U....... Privilege of witnesses ....................................................................... 41

32V....... Division not to derogate from existing Australian laws .................... 42

Division 5--Enforcement of judgments of High Court of New Zealand 43

32W...... Registration of judgment in Federal Court ........................................ 43

32X....... Variation of registered judgment ....................................................... 45

32Y....... Cases in which registration must be set aside ................................... 45

32Z....... Stay of enforcement of registered judgment ..................................... 45

32ZA.... New Zealand judgment not enforceable otherwise than under Division 46

32ZB..... Application of rules of private international law ............................. 46

Division 6--Miscellaneous 47

32ZC..... Jurisdiction of Federal Court under Part .......................................... 47

32ZE..... Contempt of High Court of New Zealand ........................................ 47

32ZF..... Reciprocal arrangements for use of court facilities ........................... 48

Part IV--Appeals to High Court 49

33.......... Appeals to High Court ..................................................................... 49

Part IVA--Representative proceedings 50

Division 1--Preliminary 50

33A....... Interpretation .................................................................................... 50

33B....... Application ....................................................................................... 50

Division 2--Commencement of representative proceeding 51

33C....... Commencement of proceeding .......................................................... 51

33D....... Standing ............................................................................................ 51

33E........ Is consent required to be a group member? ...................................... 52

33F........ Persons under disability ................................................................... 52

33G....... Representative proceeding not to be commenced in certain circumstances 52

33H....... Originating process ........................................................................... 53

33J........ Right of group member to opt out .................................................... 53

33K....... Causes of action accruing after commencement of representative proceeding 53

33L........ Situation where fewer than 7 group members .................................. 54

33M...... Cost of distributing money etc. excessive ........................................ 54

33N....... Order that proceeding not continue as representative proceeding where costs excessive etc. 55

33P........ Consequences of order that proceeding not continue under this Part 55

33Q....... Determination of issues where not all issues are common ............... 56

33R....... Individual issues ............................................................................... 56

33S........ Directions relating to commencement of further proceedings .......... 56

33T....... Adequacy of representation ............................................................. 57

33U....... Stay of execution in certain circumstances ....................................... 57

33V....... Settlement and discontinuance--representative proceeding ............. 57

33W...... Settlement of individual claim of representative party ..................... 57

Division 3--Notices 59

33X....... Notice to be given of certain matters ................................................ 59

33Y....... Notices--ancillary provisions .......................................................... 59

Division 4--Judgment etc. 61

33Z....... Judgment--powers of the Court ...................................................... 61

33ZA.... Constitution etc. of fund .................................................................. 62

33ZB..... Effect of judgment ............................................................................ 63

Division 5--Appeals 64

33ZC..... Appeals to the Court ........................................................................ 64

33ZD.... Appeals to the High Court--extended operation of sections 33ZC and 33ZF 65

Division 6--Miscellaneous 66

33ZE..... Suspension of limitation periods ...................................................... 66

33ZF..... General power of Court to make orders ........................................... 66

33ZG.... Saving of rights, powers etc. ............................................................. 66

33ZH.... Special provision relating to claims under Part VI of the Trade Practices Act 1974 67

33ZJ...... Reimbursement of representative party's costs ............................... 67

Part V--Registries, officers and seal 68

34.......... Registries .......................................................................................... 68

35.......... Officers of Court .............................................................................. 68

35A....... Powers of Registrars ......................................................................... 68

36.......... Seal of Court ..................................................................................... 70

37.......... Writs etc. .......................................................................................... 70

Part VA--Assessors 72

37A....... Appointment of assessors ................................................................ 72

37B....... Qualifications for appointment ........................................................ 72

37C....... Remuneration and allowances ........................................................... 72

37D....... Terms and conditions of appointment ............................................. 73

37E........ Oath or affirmation of office ............................................................. 73

37F........ Leave of absence ............................................................................... 73

37G....... Resignation ....................................................................................... 73

37H....... Termination of appointment--bankruptcy etc. ............................... 74

37I......... Termination of appointment--misbehaviour or incapacity ............. 74

37J........ Suspension of assessors--misbehaviour or incapacity .................... 75

37K....... Outside employment ........................................................................ 76

37L........ Disclosure of interests ...................................................................... 76

Part VI--General 77

38.......... Practice and procedure ...................................................................... 77

39.......... Trial without jury ............................................................................. 77

40.......... Power of Court to direct trial of issues with a jury .......................... 77

41.......... Juries ................................................................................................. 77

42.......... Offences in relation to jurors ............................................................ 78

43.......... Costs ................................................................................................. 79

44.......... Oaths and affirmations ..................................................................... 80

45.......... Swearing of affidavits ....................................................................... 80

46.......... Orders and commissions for examination of witnesses .................... 81

47.......... Oral, video link, telephone and affidavit evidence ............................ 81

47A....... Testimony by video link, audio link or other appropriate means .... 82

47B....... Appearances or submissions by video link, audio link or other appropriate means 83

47C....... Conditions for use of video links, audio links or other appropriate means 84

47D....... Putting documents to a person by video link, audio link or other appropriate means 86

47E........ Administration of oaths and affirmations ......................................... 86

47F........ Expenses ........................................................................................... 87

47G....... New Zealand proceedings ................................................................. 87

48.......... Change of venue ................................................................................ 87

49.......... Reserved judgments .......................................................................... 87

50.......... Prohibition of publication of evidence etc. ....................................... 88

51.......... Formal defects not to invalidate ....................................................... 88

51A....... Interest up to judgment .................................................................... 88

52.......... Interest on judgment ......................................................................... 90

53.......... Enforcement of judgment .................................................................. 90

53A....... Mediation and arbitration ................................................................. 90

53AA.... Power of arbitrator to refer question of law to the Court ................ 91

53AB.... Application to the Court for review of award on a question of law or for costs to be taxed 91

53B....... Admissions made to mediators ......................................................... 92

53C....... Protection of mediators and arbitrators ............................................ 92

54.......... Arbitration awards ............................................................................ 93

55.......... Actions by or against Sheriff ............................................................ 93

56.......... Security ............................................................................................. 93

57.......... Receivers ........................................................................................... 94

58.......... Offences by witness ......................................................................... 94

Part VII--Rules of Court and regulations 96

5>59.......... Rules of Court .................................................................................. 96

59A....... Regulations modifying or adapting the Legislative Instruments Act 2003 99

60.......... Regulations relating to fees ............................................................... 99

The Schedule 100

Notes 101

Notes to the Federal Court of Australia Act 1976

Note 1

The Federal Court of Australia Act 1976 as shown in this compilation comprises Act No. 156, 1976 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 25 November 1996 is not included in this compilation. For subsequent information see Table A.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Federal Court of Australia Act 1976	156, 1976	9 Dec 1976	9 Dec 1976
Jurisdiction of Courts (Miscellaneous Amendments) Act 1979	19, 1979	28 Mar 1979	Parts II-XVII (ss. 3-123): 15 May 1979 (see Gazette 1979, No. S86) Remainder: Royal Assent	S. 124
Federal Court of Australia Amendment Act 1979	87, 1979	31 Aug 1979	1 Oct 1979 (see s. 2 and Gazette 1979, No. S187, p. 17)	--
Statute Law Revision Act 1981	61, 1981	12 June 1981	S. 115: Royal Assent (a)	--
Statute Law (Miscellaneous Amendments) Act (No. 1) 1982	26, 1982	7 May 1982	Part XXIII (ss. 154, 155): 4 June 1982 (b)	--
Statute Law (Miscellaneous Provisions) Act (No. 2) 1983	91, 1983	22 Nov 1983	S. 3: 20 Dec 1983 (c)	S. 6(1)
Federal Court of Australia Amendment Act 1984	11, 1984	10 Apr 1984	1 June 1984 (see s. 2 and Gazette 1984, No. S153)	S. 3(2)
Statute Law (Miscellaneous Provisions) Act (No. 1) 1984	72, 1984	25 June 1984	S. 3: 23 July 1984 (d)	S. 5(1) and (6)
Statute Law (Miscellaneous Provisions) Act (No. 2) 1984	165, 1984	25 Oct 1984	S. 3: 22 Nov 1984 (e)	S. 6(1)
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985	65, 1985	5 June 1985	S. 3: 1 Mar 1986 (see Gazette 1986, No. S67) (f)	S. 8
Statute Law (Miscellaneous Provisions) Act (No. 2) 1985	193, 1985	16 Dec 1985	S. 3: Royal Assent (g)	S. 16
Statute Law (Miscellaneous Provisions) Act (No. 1) 1986	76, 1986	24 June 1986	S. 3: Royal Assent (h)	S. 9
Statute Law (Miscellaneous Provisions) Act 1987	141, 1987	18 Dec 1987	S. 3: Royal Assent (i)	S. 5(1)
Family Court of Australia (Additional Jurisdiction and Exercise of Powers) Act 1988	8, 1988	5 Apr 1988	Ss. 1-11, 12(b), (c), (e), (f), 13-21, 27, 29 and 30: Royal Assent S. 12(a) and (d): 1 Jan 1990 Remainder: 1 July 1988 (see Gazette 1988, No. S191)	--
as amended by
Law and Justice Legislation Amendment Act 1988	120, 1988	14 Dec 1988	Part XI (ss. 34, 35): 5 Apr 1988 (j)	--
Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988	99, 1988	2 Dec 1988	2 Dec 1988	--
Courts and Tribunals Administration Amendment Act 1989	157, 1989	5 Dec 1989	Part 1 (ss. 1, 2) and Part 6 (ss. 17, 18): Royal Assent Remainder: 1 Jan 1990 (see Gazette 1989, No. S398)	S. 24
Law and Justice Legislation Amendment Act 1989	11, 1990	17 Jan 1990	Part 12 (ss. 35-37): 14 Feb 1990 (k)	--
Trade Practices (Misuse of Trans‑Tasman Market Power) Act 1990	70, 1990	16 June 1990	1 July 1990 (see Gazette 1990, No. S172)	--
Law and Justice Legislation Amendment Act 1990	115, 1990	21 Dec 1990	S. 49: Royal Assent (l)	--
Foreign Judgments Act 1991	112, 1991	27 June 1991	S. 21: 27 Oct 1991 Remainder: Royal Assent	--
Courts (Mediation and Arbitration) Act 1991	113, 1991	27 June 1991	Ss. 3-13: 27 Dec 1991 Remainder: Royal Assent	--
Industrial Relations Legislation Amendment Act 1991	122, 1991	27 June 1991	Ss. 4(1), 10(b) and 15-20: 1 Dec 1988 Ss. 28(b)-(e), 30 and 31: 10 Dec 1991 (see Gazette 1991, No. S332) Remainder: Royal Assent	S. 31(2)
Law and Justice Legislation Amendment Act 1991	136, 1991	12 Sept 1991	Schedule: 10 Oct 1991 (m)	--
Federal Court of Australia Amendment Act 1991	181, 1991	4 Dec 1991	4 Mar 1992	--
A.C.T. Supreme Court (Transfer) Act 1992	49, 1992	17 June 1992	1 July 1992	--
Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 1992	94, 1992	30 June 1992	S. 3: 1 July 1990 Remainder: Royal Assent	--
Law and Justice Legislation Amendment Act (No. 4) 1992	143, 1992	7 Dec 1992	S. 3: Royal Assent (n)	--
Native Title Act 1993	110, 1993	24 Dec 1993	Ss. 216-219: 1 Jan 1994 (see Gazette 1993, No. S402) (o)	S. 216
Law and Justice Legislation Amendment Act 1994	84, 1994	23 June 1994	Ss. 36-44: Royal Assent (p)	Ss. 37, 39 and 43
Evidence and Procedure (New Zealand) (Transitional Provisions and Consequential Amendments) Act 1994	112, 1994	16 Sept 1994	Ss. 1 and 2: Royal Assent Remainder: 1 Apr 1995 (see s. 2(2) and Gazette 1995, GN8)	S. 3
Evidence (Transitional Provisions and Consequential Amendments) Act 1995	3, 1995	23 Feb 1995	Ss. 21 and 22: 18 Apr 1995 (q)	S. 14
Law and Justice Legislation Amendment Act (No. 1) 1995	175, 1995	16 Dec 1995	16 Dec 1995	--
Statute Law Revision Act 1996	43, 1996	25 Oct 1996	Schedule 2 (item 56): (r) Schedule 5 (items 55-58): Royal Assent (r)	--
Workplace Relations and Other Legislation Amendment Act 1996	60, 1996	25 Nov 1996	Schedule 16 (items 4-28, 62-89): 25 May 1997 (s) Schedule 16 (item 90): Royal Assent (s)	S. 2(2) and (6) (am. by 77, 1996, Sch. 3 [items 1, 2]) Sch. 16 (items 62-74, 76-90) Sch. 16 (item 75) (am. by 34, 1997, Sch. 17) [see Table A]
as amended by
Workplace Relations and Other Legislation Amendment Act (No. 2) 1996	77, 1996	19 Dec 1996	Schedule 3 (items 1, 2): (t)	--
Law and Justice Legislation Amendment Act 1997	34, 1997	17 Apr 1997	Schedule 17: (u)	--
Law and Justice Legislation Amendment Act 1999	125, 1999	13 Oct 1999	Schedule 14 (item 1): 25 May 1997 (ua)	--
Law and Justice Legislation Amendment Act 1997	34, 1997	17 Apr 1997	Schedule 8 (items 1-4): (v) Schedule 8 (items 5-19): Royal Assent (v)	--
Audit (Transitional and Miscellaneous) Amendment Act 1997	152, 1997	24 Oct 1997	Schedule 2 (item 780): 1 Jan 1998 (see Gazette 1997, No. GN49) (w)	--
Native Title Amendment Act 1998	97, 1998	27 July 1998	Schedule 2 (items 102, 103): 30 Sept 1998 (see Gazette 1998, No. S428) (x)	--
Law and Justice Legislation Amendment Act 1999	125, 1999	13 Oct 1999	Schedule 7: Royal Assent (y)	--
Human Rights Legislation Amendment Act (No. 1) 1999	133, 1999	13 Oct 1999	Ss. 1-3 and 21: Royal Assent S. 22 and Schedule 1 (items 53, 60): 10 Dec 1999 (see Gazette 1999, No. S598) Remainder: 13 Apr 2000	--
Public Employment (Consequential and Transitional) Amendment Act 1999	146, 1999	11 Nov 1999	Schedule 1 (items 462-471): 5 Dec 1999 (see Gazette 1999, No. S584) (z)	--
Federal Magistrates (Consequential Amendments) Act 1999	194, 1999	23 Dec 1999	Schedule 12: 23 Dec 1999 (za)	--
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001	24, 2001	6 Apr 2001	S. 4(1), (2) and Schedule 28: (zb)	S. 4(1) and (2) [see Table A]
Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001	159, 2001	1 Oct 2001	29 Oct 2001	Sch. 1 (item 97) [see Table A]
Jurisdiction of Courts Legislation Amendment Act 2002	70, 2002	3 Sept 2002	Schedules 1 and 2: 14 Oct 2002 (see Gazette 2002, No. GN40) Remainder: Royal Assent	Sch. 1 (items 12-15) and Sch. 2 (item 25) [see Table A]
Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003	140, 2003	17 Dec 2003	S. 4 and Schedule 1 (items 23, 24): (zc)	S. 4 [see Table A]
Law and Justice Legislation Amendment Act 2004	62, 2004	26 May 2004	Schedule 1 (items 18-20): 27 May 2004	Sch. 1 (item 20) [see Table A]
Migration Litigation Reform Act 2005	137, 2005	15 Nov 2005	Schedule 1: 1 Dec 2005 (see F2005L03684) Remainder: Royal Assent	Sch. 1 (items 40, 42-44) [see Table A]
Jurisdiction of the Federal Magistrates Court Legislation Amendment Act 2006	23, 2006	6 Apr 2006	Schedule 2 (items 3, 4) and Schedule 4 (item 4): 4 May 2006	Sch. 2 (item 4) [see Table A]
Superannuation Legislation Amendment (Trustee Board and Other Measures) (Consequential Amendments) Act 2008	26, 2008	23 June 2008	Schedule 1 (items 65-72): Royal Assent	--
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009	55, 2009	25 June 2009	Schedule 17 (items 1-9, 19): 1 July 2009 (see s. 2(1))	Sch. 17 (item 19) [see Table A]

(a) The Federal Court of Australia Act 1976 was amended by section 115 only of the Statute Law Revision Act 1981, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(b) The Federal Court of Australia Act 1976 was amended by Part XXIII (sections 154 and 155) only of the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982, subsection 2(12) of which provides as follows:

(12) The remaining provisions of this Act shall come into operation on the twenty‑eighth day after the day on which this Act receives the Royal Assent.

(c) The Federal Court of Australia Act 1976 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1983, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

(d) The Federal Court of Australia Act 1976 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

(e) The Federal Court of Australia Act 1976 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

(f) The Federal Court of Australia Act 1976 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(20) of which provides as follows:

(20) The amendment of the Federal Court of Australia Act 1976 made by this Act shall come into operation on a day to be fixed by Proclamation.

(g) The Federal Court of Australia Act 1976 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1985, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(h) The Federal Court of Australia Act 1976 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(i) The Federal Court of Australia Act 1976 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1987, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(j) The Family Court of Australia (Additional Jurisdiction and Exercise of Powers) Act 1988 was amended by Part XI (sections 34 and 35) only of the Law and Justice Legislation Amendment Act 1988, subsection 2(6) of which provides as follows:

(6) Part XI shall be taken to have commenced on 5 April 1988.

(k) The Federal Court of Australia Act 1976 was amended by Part 12 (sections 35-37) only of the Law and Justice Legislation Amendment Act 1989, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the 28th day after the day on which it receives the Royal Assent.

(l) The Federal Court of Australia Act 1976 was amended by section 49 only of the Law and Justice Legislation Amendment Act 1990, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(m) The Federal Court of Australia Act 1976 was amended by the Schedule only of the Law and Justice Legislation Amendment Act 1991, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the 28th day after the day on which it receives the Royal Assent.

(n) The Federal Court of Australia Act 1976 was amended by section 3 only of the Law and Justice Legislation Amendment Act (No. 4) 1992, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(o) The Federal Court of Australia Act 1976 was amended by sections 216-219 only of the Native Title Act 1993, subsection 2(2) of which provides as follows:

(2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

(p) The Federal Court of Australia Act 1976 was amended by sections 36-44 only of the Law and Justice Legislation Amendment Act 1994, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(q) The Federal Court of Australia Act 1976 was amended by sections 21 and 22 only of the Evidence (Transitional Provisions and Consequential Amendments) Act 1995, subsections 2(10) and (11) of which provide as follows:

(10) Sections 21, 23 and 24 of this Act commence on the day on which section 21 of the Evidence Act 1995 commences.

(11) Section 22 of this Act commences on the day on which those provisions of Part VA of the Evidence Act 1905 that may be repealed under subsection 3(1) of this Act are so repealed.

Sections 21 and 22 commenced on 18 April 1995.

(r) The Federal Court of Australia Act 1976 was amended by Schedule 2 (item 56) and Schedule 5 (items 55-58) only of the Statute Law Revision Act 1996, subsections 2(1) and (2) of which provide as follows:

(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.

(2) Each item in Schedule 2 commences or is taken to have commenced (as the case requires) at the time specified in the note at the end of the item.

Item 56 is taken to have commenced immediately after the commencement of the Schedule to the Evidence and Procedure (New Zealand) (Transitional Provisions and Consequential Amendments) Act 1994.

The Schedule commenced on 1 April 1995 (see Gazette 1995, No. GN8).

(s) The Federal Court of Australia Act 1976 was amended by Schedule 16 (items 4-28 and
62-90) only of the Workplace Relations and Other Legislation Amendment Act 1996, subsections 2(1)-(3) of which provide as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) Subject to subsection (3), the items of the Schedules, other than Schedule 5, item 1 of Schedule 9, items 2 and 3 of Schedule 12, item 90 of Schedule 16 and the items of Schedule 19, commence on a day or days to be fixed by Proclamation.

(3) If an item of a Schedule does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

(t) The Workplace Relations and Other Legislation Amendment Act 1996 was amended by Schedule 3 (items 1 and 2) only of the Workplace Relations and Other Legislation Amendment Act (No. 2) 1996, subsection 2(4) of which provides as follows:

(4) The items of Schedule 3 are taken to have commenced immediately after the Workplace Relations and Other Legislation Amendment Act 1996 received the Royal Assent.

The Workplace Relations and Other Legislation Amendment Act 1996 received the Royal Assent on 25 November 1996.

(u) The Workplace Relations and Other Legislation Amendment Act 1996 was amended by Schedule 17 only of the Law and Justice Legislation Amendment Act 1997, subsection 2(5) of which provides as follows:

(5) Schedule 17 commences immediately after the commencement of item 75 of Schedule 16 to the Workplace Relations and Other Legislation Amendment Act 1996.

Item 75 of Schedule 16 commenced on the 25 May 1997.

(ua) The Workplace Relations and Other Legislation Amendment Act 1996 was amended by Schedule 14 (item 1) only of the Law and Justice Legislation Amendment Act 1999, subsection 2(7) of which provides as follows:

(7) Item 1 of Schedule 14 is taken to have commenced on 25 May 1997, immediately after the commencement of item 28 of Schedule 16 to the Workplace Relations and Other Legislation Amendment Act 1996.

(v) The Federal Court of Australia Act 1976 was amended by Schedule 8 only of the Law and Justice Legislation Amendment Act 1997, subsections 2(1) and (4) of which provide as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(4) Items 1 to 4 of Schedule 8 commence immediately after the commencement of item 19 of Schedule 16 to the Workplace Relations and Other Legislation Amendment Act 1996.

Item 19 of Schedule 16 commenced on the 25 May 1997.

(w) The Federal Court of Australia Act 1976 was amended by Schedule 2 (item 780) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:

(2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.

(x) The Federal Court of Australia Act 1976 was amended by Schedule 2 (items 102 and 103) only of the Native Title Amendment Act 1998, subsection 2(5) of which provides as follows:

(5) Subject to subsection (6), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

(y) The Federal Court of Australia Act 1976 was amended by Schedule 7 only of the Law and Justice Legislation Amendment Act 1999, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(z) The Federal Court of Australia Act 1976 was amended by Schedule 1 (items 462-471) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.

(2) Subject to this section, this Act commences at the commencing time.

(za) The Federal Court of Australia Act 1976 was amended by Schedule 12 only of the Federal Magistrates (Consequential Amendments) Act 1999, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the commencement of the Federal Magistrates Act 1999.

(zb) The Federal Court of Australia Act 1976 was amended by Schedule 28 only of the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001, subsection 2(1)(a) of which provides as follows:

(1) Subject to this section, this Act commences at the later of the following times:

(a) immediately after the commencement of item 15 of Schedule 1 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;

Item 15 commenced on 24 May 2001.

(zc) Subsection 2(1) (items 2 and 3) of the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 provides as follows:

(1) Each provision of this Act specified in column 1 of the table commences on the day or at the time specified in column 2 of the table.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
2. Sections 4 and 5	Immediately after the commencement of sections 3 to 62 of the Legislative Instruments Act 2003	1 January 2005
3. Schedule 1	Immediately after the commencement of sections 3 to 62 of the Legislative Instruments Act 2003	1 January 2005

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Part I
S. 4 .....................................	am. No. 60, 1996; No. 70, 2002; No. 55, 2009
S. 4A ..................................	ad. No. 24, 2001
Part II
Heading to Part II ................	rs. No. 60, 1996
Division 1
Heading to Div. 1 of Part II...	ad. No. 60, 1996
S. 5 .....................................	am. No. 141, 1987; No. 60, 1996
S. 6 .....................................	am. No. 87, 1979; No. 49, 1992; Nos. 43 and 60, 1996
S. 6A ..................................	ad. No. 55, 2009
Heading to s. 7 ...................	am. No. 60, 1996
S. 7......................................	am. No. 60, 1996; No. 55, 2009
S. 8 .....................................	am. No. 60, 1996
S. 9 .....................................	am. Nos. 43 and 60, 1996
S. 11 ...................................	am. No. 43, 1996
S. 13 ...................................	am. No. 61, 1981; No. 43, 1996
	rep. No. 60, 1996
	ad. No. 55, 2009
S. 14 ...................................	am. No. 61, 1981; Nos. 43 and 60, 1996
Subheads. to s. 15(1), (2)..	ad. No. 55, 2009
S. 15 ...................................	am. No. 87, 1979; Nos. 43 and 60, 1996 (as am. by No. 125, 1999); No. 55, 2009
Heading to s. 15A ..............	am. No. 60, 1996
S. 15A ................................	ad. No. 8, 1988
	am. No. 60, 1996
S. 16 ...................................	am. Nos. 43 and 60, 1996
Div. 2 of Part II ....................	ad. No. 60, 1996
	rep. No. 70, 2002
S. 18AA .............................	ad. No. 60, 1996
	rep. No. 70, 2002
S. 18AB...............................	ad. No. 60, 1996
	am. No. 34, 1997; No. 97, 1998; No. 133, 1999
	rep. No. 70, 2002
Ss. 18AC-18AH..................	ad. No. 60, 1996
	rep. No. 70, 2002
S. 18AI................................	ad. No. 60, 1996
	am. No. 146, 1999
	rep. No. 70, 2002
Ss. 18AJ-18AM..................	ad. No. 60, 1996
	rep. No. 70, 2002
Part IIA
Part IIA ................................	ad. No. 157, 1989
Division 1
Heading to Div. 1 of............. Part IIA	am. No. 60, 1996
Ss. 18A, 18B ......................	ad. No. 157, 1989
	am. No. 60, 1996
S. 18BA ..............................	ad. No. 55, 2009
Division 2
Ss. 18C, 18D ......................	ad. No. 157, 1989
	am. No. 60, 1996
S. 18E .................................	ad. No. 157, 1989
S. 18F .................................	ad. No. 157, 1989
	am. No. 60, 1996; No. 159, 2001
S. 18G ................................	ad. No. 157, 1989
	rs. No. 122, 1991
	am. No. 60, 1996; No. 146, 1999
S. 18H ................................	ad. No. 157, 1989
S. 18J .................................	ad. No. 157, 1989
	am. No. 60, 1996
S. 18K ................................	ad. No. 157, 1989
	am. No. 122, 1991; No. 94, 1992; No. 26, 2008
Ss. 18L, 18M ......................	ad. No. 157, 1989
	am. No. 60, 1996
Division 3
S. 18N ................................	ad. No. 157, 1989
	am. No. 60, 1996; No. 34, 1997; No. 146, 1999; No. 70, 2002
S. 18P .................................	ad. No. 157, 1989
S. 18Q ................................	ad. No. 157, 1989
	rs. No. 146, 1999
S. 18R ................................	ad. No. 157, 1989
Division 4
S. 18S.................................	ad. No. 157, 1989
	am. No. 60, 1996
	rs. No. 152, 1997
Ss. 18T, 18U.......................	ad. No. 157, 1989
	am. No. 60, 1996
	rep. No. 152, 1997
S. 18V ................................	ad. No. 157, 1989
	rep. No. 136, 1991
Heading to s. 18W ..............	am. No. 60, 1996
S. 18W ...............................	ad. No. 157, 1989
	am. No. 60, 1996
S. 18X ................................	ad. No. 157, 1989
S. 18Y ................................	ad. No. 143, 1992
	am. No. 60, 1996
Part III
Division 1
S. 19 ...................................	am. No. 91, 1983
S. 20 ...................................	am. No. 19, 1979; No. 76, 1986; No. 60, 1996; No. 70, 2002; No. 62, 2004
S. 22 ...................................	am. No. 43, 1996
Division 2
S. 24 ...................................	am. No. 72, 1984; No. 65, 1985; No. 34, 1997; No. 194, 1999; No. 70, 2002; No. 23, 2006
S. 25 ...................................	am. No. 72, 1984; No. 115, 1990; No. 84, 1994; No. 60, 1996; Nos. 125 and 194, 1999; No. 70, 2002; No. 62, 2004; No. 137, 2005
S. 26 ...................................	am. No. 60, 1996
S. 27 ...................................	am. No. 84, 1994; No. 70, 2002
S. 29 ...................................	am. No. 43, 1996; No. 194, 1999
S. 29A ................................	ad. No. 115, 1990
S. 30A ................................	ad. No. 11, 1990
	am. No. 34, 1997
	rep. No. 70, 2002
Division 3
S. 31 ...................................	am. No. 60, 1996
S. 31A ................................	ad. No. 137, 2005
S. 32AA .............................	ad. No. 194, 1999
S. 32AB ..............................	ad. No. 194, 1999
	am. No. 23, 2006
S. 32A ................................	ad. No. 19, 1979
	am. No. 193, 1985; No. 70, 1990; No. 60, 1996; No. 70, 2002
Part IIIA
Part IIIA ...............................	ad. No. 70, 1990
Division 1
S. 32B ................................	ad. No. 70, 1990
	am. No. 112, 1994
Division 2
S. 32C ................................	ad. No. 70, 1990
	am. No. 112, 1994
S. 32D ................................	ad. No. 70, 1990
	rs. No. 112, 1994
Ss. 32E, 32F .......................	ad. No. 70, 1990
	am. No. 112, 1994
Ss. 32G, 32H ......................	ad. No. 70, 1990
	rep. No. 112, 1994
Ss. 32J-32L .......................	ad. No. 70, 1990
	rep. No. 112, 1994
Division 3
S. 32M ................................	ad. No. 70, 1990
	am. No. 112, 1994
S. 32N ................................	ad. No. 70, 1990
	rs. No. 112, 1994
Ss. 32P, 32Q ......................	ad. No. 70, 1990
	am. No. 112, 1994
Ss. 32R, 32S ......................	ad. No. 70, 1990
	rep. No. 112, 1994
Division 4
Ss. 32T-32V ......................	ad. No. 70, 1990
Division 5
S. 32W ...............................	ad. No. 70, 1990
	am. No. 112, 1991; No. 34, 1997
Ss. 32X-32Z ......................	ad. No. 70, 1990
Ss. 32ZA, 32ZB .................	ad. No. 70, 1990
Division 6
S. 32ZC ..............................	ad. No. 70, 1990
S. 32ZD ..............................	ad. No. 70, 1990
	rep. No. 112, 1994
S. 32ZE ..............................	ad. No. 70, 1990
	am. No. 24, 2001
S. 32ZF ..............................	ad. No. 70, 1990
	am. No. 112, 1994; Nos. 43 and 60, 1996
Part IV
S. 33 ...................................	am. No. 11, 1984; No. 194, 1999
Part IVA
Part IVA ..............................	ad. No. 181, 1991
Division 1
Ss. 33A, 33B ......................	ad. No. 181, 1991
Division 2
Ss. 33C-33H ......................	ad. No. 181, 1991
Ss. 33J-33N .......................	ad. No. 181, 1991
Ss. 33P-33W .....................	ad. No. 181, 1991
Division 3
Ss. 33X, 33Y ......................	ad. No. 181, 1991
Division 4
S. 33Z ................................	ad. No. 181, 1991
Ss. 33ZA, 33ZB .................	ad. No. 181, 1991
Division 5
Ss. 33ZC, 33ZD .................	ad. No. 181, 1991
Division 6
Ss. 33ZE-33ZH ..................	ad. No. 181, 1991
S. 33ZJ ...............................	ad. No. 181, 1991
Part V
S. 34 ...................................	am. Nos. 43 and 60, 1996
S. 35 ...................................	rs. No. 157, 1989
	am. No. 60, 1996
S. 35A ................................	ad. No. 72, 1984
	am. No. 43, 1996; No. 146, 1999
S. 36 ...................................	am. Nos. 43 and 60, 1996
S. 37 ...................................	rs. No. 19, 1979
	am. No. 70, 2002
Part VA
Part VA ..............................	ad. No. 110, 1993
Ss. 37A-37C ......................	ad. No. 110, 1993
S. 37D ................................	ad. No. 110, 1993
	am. No. 159, 2001
S. 37E .................................	ad. No. 110, 1993
	am. No. 60, 1996
S. 37F .................................	ad. No. 110, 1993
	am. No. 146, 1999
Ss. 37G, 37H.......................	ad. No. 110, 1993
S. 37I...................................	ad. No. 110, 1993
	am. No. 26, 2008
Ss. 37J, 37K........................	ad. No. 110, 1993
S. 37L .................................	ad. No. 110, 1993
	am. No. 60, 1996
Part VI
S. 42 ...................................	am. No. 43, 1996; No. 24, 2001
S. 43 ...................................	am. No. 143, 1992; No. 55, 2009
S. 44 ...................................	am. No. 3, 1995; No. 125, 1999
S. 45 ...................................	am. No. 61, 1981; No. 43, 1996; No. 125, 1999; No. 70, 2002
S. 46 ...................................	am. No. 43, 1996
S. 47 ...................................	am. No. 19, 1979; No. 84, 1994; No. 43, 1996; No. 70, 2002
Note to s. 47(1) ..................	ad. No. 70, 2002
Note to s. 47(6) ..................	ad. No. 70, 2002
Ss. 47A-47G .....................	ad. No. 70, 2002
S. 49 ...................................	am. No. 19, 1979; No. 61, 1981; No. 43, 1996
S. 51 ...................................	am. No. 43, 1996
S. 51A ................................	ad. No. 165, 1984
	am. No. 115, 1990
S. 52 ...................................	am. No. 115, 1990
S. 53A ................................	ad. No. 113, 1991
	am. No. 175, 1995; No. 34, 1997
Ss. 53AA, 53AB ................	ad. No. 175, 1995
	am. No. 60, 1996
Ss. 53B, 53C ......................	ad. No. 113, 1991
S. 54 ...................................	am. No. 113, 1991; No. 175, 1995
S. 56 ...................................	am. No. 115, 1990; No. 43, 1996
S. 57 ...................................	am. No. 43, 1996
S. 58 ...................................	am. No. 43, 1996; No. 194, 1999; No. 24, 2001
Part VII
S. 59 ...................................	am. No. 26, 1982; No. 99, 1988; Nos. 11 and 70, 1990; No. 113, 1991; No. 110, 1993; Nos. 84 and 112, 1994; No. 3, 1995; No. 60, 1996; No. 70, 2002; No. 140, 2003
S. 59A ................................	ad. No. 140, 2003
S. 60 ...................................	am. No. 125, 1999
The Schedule
The Schedule .....................	am. No. 60, 1996

Table A

Application, saving or transitional provisions

Workplace Relations and Other Legislation Amendment Act 1996
(No. 60, 1996)

Schedule 16

Part 3--Transitional and saving provisions

62 Definitions

In this Part:

completion day means the day, on or after which the Industrial Relations Court has disposed of all the proceedings in that Court, that is fixed by Proclamation to be the day on which Part 2 of this Schedule commences.

Federal Court means the Federal Court of Australia.

Industrial Relations Court means the Industrial Relations Court of Australia.

proceeding means a proceeding in a court, whether or not between parties, and includes:

(a) an incidental proceeding in the course of, or in connection with, a proceeding; and

(b) an appeal.

transfer day means the day on which the Federal Court is invested with jurisdiction under Division 2 of this Part, being the day on which Part 1 of this Schedule commences.

63 Transfer of jurisdiction

(1) This item applies to jurisdiction and powers vested in or exercisable by the Industrial Relations Court or a Judge of that Court immediately before the transfer day in relation to an act or omission occurring before the transfer day, except in relation to matters for which:

(a) the Industrial Relations Court had begun the substantive hearing in proceedings in that Court; or

(b) proceedings had been completed in the Industrial Relations Court before that day.

(2) On and after the transfer day, the jurisdiction and powers to which this item applies:

(a) cease to be vested in or exercisable by the Industrial Relations Court or a Judge of that Court; and

(b) are, subject to subitem (3), vested in the Federal Court.

(3) In spite of subitem (2), the Federal Court has jurisdiction in relation to a matter that was remitted by the High Court to the Industrial Relations Court before the transfer day only if a Judge of the High Court has further remitted the matter to the Federal Court under item 65.

64 Transfer of proceedings

(1) Subject to subitem (4), this item applies to proceedings commenced in the Industrial Relations Court but in respect of which the Industrial Relations Court had not begun the substantive hearing before the transfer day.

(2) On the transfer day, proceedings to which this item applies are transferred to the Federal Court.

(3) If proceedings to which this item applies are transferred under subitem (2):

(a) all documents filed in the Industrial Relations Court in relation to the proceedings are to be transmitted to the Federal Court; and

(b) any money lodged with the Industrial Relations Court in relation to the proceedings is to be transferred to the Federal Court and is taken to be money lodged with the Federal Court in relation to the proceedings; and

(c) everything done in or in relation to the proceedings in the Industrial Relations Court is taken to have been done in the Federal Court.

(4) This item does not affect a matter that was remitted by the High Court to the Industrial Relations Court before the transfer day under section 44 of the Judiciary Act 1903.

65 Matters remitted under the Judiciary Act 1903

If:

(a) a matter had been remitted by the High Court to the Industrial Relations Court under section 44 of the Judiciary Act 1903 before the transfer day; and

(b) the Industrial Relations Court had not begun the substantive hearing in respect of the matter;

then:

(c) a party may apply to a Judge of the High Court sitting in Chambers for a direction that the matter be remitted instead to the Federal Court; or

(d) in any case, a Judge of the High Court may direct that the matter be remitted instead to the Federal Court.

66 New trials ordered by Federal Court

For the avoidance of doubt, if, in an appeal from a decision of the Industrial Relations Court to the Federal Court (whether that decision is made before or after the transfer day), the Federal Court grants a new trial, that new trial is to be a new trial in the Federal Court.

67 Rules of Court

(1) The Rules of the Industrial Relations Court as in force under section 486 of the Workplace Relations Act in force immediately before the transfer day are to be taken, on and after that day, also to be Rules of the Federal Court made under section 59 of the Federal Court of Australia Act 1976, and, as so included, may be amended or revoked under the last‑mentioned section.

(2) This item does not affect the operation of item 71.

68 Industrial Relations Court remains in existence

(1) In spite of the amendment of the Workplace Relations Act by this Schedule, the Industrial Relations Court continues in existence as if Part XIV of that Act as in force immediately before the commencement of this Schedule continued to be in force on and after that commencement.

(2) Subitem (1) has effect subject to the other provisions in this Part.

69 Limited jurisdiction of the Industrial Relations Court

(1) This item applies to proceedings commenced in the Industrial Relations Court in respect of which the Industrial Relations Court had begun the substantive hearing before the transfer day.

(2) On and after the transfer day:

(a) the Industrial Relations Court continues to have jurisdiction to deal with the proceedings to which this item applies as if this Act had not been enacted; and

(b) subject to subitem (3), the Workplace Relations Act as in force immediately before the transfer day continues to have effect in relation to the Industrial Relations Court's exercise of its jurisdiction in relation to the proceedings.

(3) For the purposes of this item, section 428 of the Workplace Relations Act as in force under paragraph (2)(b) of this item has effect as if the following subsections were added at the end of that section:

(3) In an appeal from a court of a State or Territory to the Court, the Court may grant a new trial under this section only in the Federal Court of Australia or a court of that State or Territory.

(4) In an appeal from a single Judge of the Court, the Court may grant a new trial under this section only in the Federal Court of Australia.

70 Orders of the Industrial Relations Court

(1) The Federal Court has the same powers in respect of an order of the Industrial Relations Court (whether made before or after the transfer day) as if it were an order of the Federal Court.

(2) Subitem (1) does not apply to an order while the order is the subject of proceedings to which item 69 applies.

71 Rules of Court

In spite of the repeal of section 486 of the Workplace Relations Act by this Schedule, Rules of Court under that section as in force immediately before the transfer day continue to be in force on and after that day as if that section had not been repealed.

72 Terms and conditions of appointment of Judges of the Industrial Relations Court

(1) The Chief Justice and other Judges of the Industrial Relations Court continue to hold office as Judges of that Court, on and after the transfer day, as if sections 361, 362, 363, 364, 365, 366, 367 and 408 of the Workplace Relations Act as in force immediately before that day had not been repealed.

(2) Section 363 of the Workplace Relations Act as continued in force under subitem (1) ceases to be so in force on and after the completion day.

73 Judicial Registrars of Industrial Relations Court taken to be appointed to Federal Court

A person appointed as a Judicial Registrar of the Industrial Relations Court is taken, by force of this item, to have been appointed by the Governor‑General under section 18AA of the Federal Court of Australia Act 1976 as a Judicial Registrar of the Federal Court:

(a) for the balance of the term of that person's appointment as a Judicial Registrar of the Industrial Relations Court; and

(b) on the same terms and conditions as attached to that last‑mentioned appointment.

74 Judicial Registrars of the Industrial Relations Court to continue to hold that office

(1) Despite the repeal of Division 3 of Part XIV of the Workplace Relations Act:

(a) a Judicial Registrar of the Industrial Relations Court immediately before that repeal continues to hold that office for the balance of the term of his or her appointment or until the completion day, whichever first occurs, on the terms and conditions (other than terms and conditions relating to remuneration and allowances) originally attaching to that appointment; and

(b) the provisions of that Division continue to apply in relation to the performance by that person of his or her functions as a Judicial Registrar of the Industrial Relations Court for so long as he or she continues to hold that office;

as if that Division had not been repealed.

(2) In calculating the remuneration and allowances payable to a Judicial Registrar of the Industrial Relations Court, all duties of the Judicial Registrar performed on or after the transfer day by the Judicial Registrar in his or her capacity as Judicial Registrar of the Industrial Relations Court are to be treated as if they were duties performed by the Judicial Registrar in his or her capacity as Judicial Registrar of the Federal Court.

75 Registrar of Industrial Relations Court taken to be appointed to Federal Court

(1) The person holding the office of Registrar of the Industrial Relations Court immediately before the transfer day is taken, by force of this item, to have been duly appointed under section 18N of the Federal Court of Australia Act 1976 as a Deputy Registrar of the Federal Court:

(a) for the balance of that person's appointment as the Registrar of the Industrial Relations Court; and

(b) on:

(i) the same terms and conditions (other than terms and conditions relating to remuneration and allowances) as attached to the last‑mentioned appointment and as varied by the Chief Judge of the Federal Court with the agreement of that person from time to time; and

(ii) the same terms and conditions relating to remuneration and allowances applicable to the Industrial Registrar of the Australian Industrial Relations Commission from time to time.

(2) Despite subsection 18N(4) of the Federal Court of Australia Act 1976, the person taken to have been appointed as a Deputy Registrar under subitem (1) is not taken to have been so appointed under the Public Service Act 1922.

(3) The Registrar of the Federal Court may issue any necessary directions concerning the performance by that person of functions of a Deputy Registrar of the Federal Court.

(4) Nothing in this item enables the Registrar of the Federal Court to terminate the appointment of that person as a Deputy Registrar of the Federal Court under section 18N of the Federal Court of Australia Act 1976.

76 Registrar of Industrial Relations Court to continue to hold that office

(1) Despite the repeal of sections 390 to 392 and sections 394 to 399 of the Workplace Relations Act:

(a) the person holding office as Registrar of the Industrial Relations Court immediately before the repeal of those sections continues to hold that office for the balance of the term of his or her appointment or until the completion day, whichever first occurs, on the terms and conditions (other than terms and conditions relating to remuneration and allowances) originally attaching to his or her appointment; and

(b) those sections continue to apply in relation to the performance by that person of his or her functions as Registrar of the Industrial Relations Court for so long as he or she continue to hold that office;

as if those sections had not been repealed.

(2) In calculating the remuneration and allowances payable to the Registrar of the Industrial Relations Court, all duties performed on or after the transfer day by the Registrar in his or her capacity as Registrar of the Industrial Relations Court are to be treated as if they were duties performed by the Registrar in his or her capacity as Deputy Registrar of the Federal Court.

77 Transfer of personnel from the Industrial Relations Court to the Federal Court

(1) Subject to this item, persons appointed or employed under the Public Service Act 1922 whether as officers of the Industrial Relations Court or as other registry staff are, by force of this item, transferred, on the transfer day, to the Federal Court to perform such duties as the Registrar of the Federal Court directs.

(2) Persons appointed as Deputy Sheriffs of the Industrial Relations Court are taken to hold office (until the Registrar of the Federal Court otherwise directs) as Deputy Sheriffs of the Federal Court and, for that purpose, in addition to any other powers and functions, continue to have, in relation to the exercise of the industrial relations jurisdiction of the Federal Court, the powers and functions conferred on them, or exercisable by them, in their capacity as officers of the Industrial Relations Court.

(3) In this item:

industrial relations jurisdiction, in relation to the Federal Court, means the jurisdiction vested in the Court under item 63 of this Schedule or under Part XIV of the Workplace Relations Act.

78 Chief Justice of Industrial Relations Court to continue to be responsible for management of that Court

Despite the repeal of sections 363 and 389 of the Workplace Relations Act, the Chief Justice, or in the circumstances identified in section 363, the acting Chief Justice of the Industrial Relations Court, continues to have, until the completion day, the responsibility imposed, and the powers conferred, by those sections in relation to the management of the administrative affairs of the Industrial Relations Court as if those sections had not been repealed.

79 Places of sitting, constitution and conduct of business of the Industrial Relations Court

Despite the repeal of sections 369 to 374 of the Workplace Relations Act, those sections continue to apply, until the completion day, in relation to the places of sitting of the Industrial Relations Court, the manner of its constitution for the purpose of exercising its jurisdiction in respect of matters still to be dealt with by the Court and the conduct of its business, as if those sections had not be repealed.

80 Powers of other officers and staff may be performed by officers and staff of Federal Court

Despite the repeal of sections 401 and 402 of the Workplace Relations Act, the functions of the Industrial Relations Court ordinarily performed by District Registrars, Deputy Registrars and Deputy District Registrars, Sheriffs, Deputy Sheriffs and other staff of the Industrial Relations Court may be performed by officers and staff of the Federal Court made available for the purpose.

81 Provision of resources by the Federal Court

On and after the transfer day, the Chief Judge of the Federal Court may arrange with the Chief Justice of the Industrial Relations Court for staff, facilities and any other necessary support to be made available to the Industrial Relations Court for the purposes of the Industrial Relations Court.

82 Sections 405 and 406 to continue in force in respect of part year to completion day

Despite the repeal of sections 405, 406 and 407 of the Workplace Relations Act, those sections continue to be in force in respect of the part of the financial year in which the completion day occurs that precedes that day as if that part of the year had been a whole financial year and those sections had not been repealed.

83 Delegations of administrative powers of Chief Justice

The Chief Justice of the Industrial Relations Court may, in writing, delegate to any one or more of the Judges of that Court all or any of his or her powers under section 389 of the Workplace Relations Act as continued in force under this Act, and any delegation made under section 408 of that Act has effect, on and after the repeal of that section, as if it were a delegation under this item.

84 Abolition of the Industrial Relations Court

On the day fixed by Proclamation, being a day on which no person holds office as a Judge of the Industrial Relations Court, that Court is abolished by force of this item.

85 Instrument of appointment

The instrument appointing the present Chief Judge of the Federal Court of Australia to that office has effect on and after the day on which Part 1 of this Schedule commences, as if it were an instrument duly appointing that person to the office of Chief Justice of that Court.

86 Acts or things done

Any act or thing done by the Chief Judge of the Federal Court of Australia before the day on which Part 1 of this Schedule commences has effect, on and after that day, as if it were an act or thing done by the Chief Justice of that Court.

87 Instruments made or issued

(1) Any order, determination or other instrument (however described) made or issued by the Chief Judge of the Federal Court of Australia before the day on which Part 1 of this Schedule commences has effect, on and after that day, as if it were an order, determination or other instrument made or issued by the Chief Justice of that Court.

(2) Any reference in a determination or other instrument made in relation to the Chief Judge of the Federal Court of Australia before the day on which Part 1 of this Schedule commences has effect, on and after that day, as if it were a reference to the Chief Justice of that Court.

88 Applications and proceedings

Any application (however described) made to, or any proceedings begun against, the Chief Judge of the Federal Court of Australia before the day on which Part 1 of this Schedule commences has effect, on and after that day, as if it were an application made to, or proceedings begun against the Chief Justice of that Court.

89 Reference to Chief Judge in other Acts

Any reference in an Act:

(a) that refers to the Chief Judge of the Federal Court of Australia; and

(b) that is not expressly amended by this Act;

is to be taken, on and after the day on which Part 1 of this Schedule commences, to be a reference to the Chief Justice of that Court.

Part 4--Contingent amendments of the Federal Court of Australia Act 1976 concerning Judicial Registrars

90 Consequences of certain prior amendments of Federal Court of Australia Act 1976

If, on any day before item 19 of this Schedule commences, the Federal Court of Australia Act 1976 is amended by any Act inserting a new section 18AA providing for the appointment of Judicial Registrars of the Federal Court of Australia and a new section 18AB allowing those Judicial Registrars to exercise specified powers, then, with effect from that day or the day this Act receives the Royal Assent, whichever last occurs, items 19 and 27 are omitted from this Schedule and the following items are substituted for item 19:

19 After subsection 18AB(1)

Insert:

(1A) The Rules of Court may also delegate to the Judicial Registrars, either generally or as otherwise provided by the Rules, all or any of the Court's powers in relation to proceedings in the Court that involve:

(a) a claim under the Workplace Relations Act 1996 for an amount of not more than the amount specified in the Rules; or

(b) a claim under the Workplace Relations Act 1996 that the termination of an employee's employment was unlawful, or that the proposed termination of an employee's employment would be unlawful, under any law (including an unwritten law) of the Commonwealth or of a State or Territory; or

(c) an application under section 170JC of the Workplace Relations Act 1996 for enforcement of an order of the Australian Industrial Relations Commission.

(1B) For the purposes of paragraph (1A)(a), the Rules may specify an amount of not more than:

(a) $10,000; or

(b) such greater amount as the regulations prescribe.

19A Subsections 18AB(2), (5) and (6)

After "subsection (1)" (wherever occurring), insert "or (1A)".

19B Subsection 18AI(2)

Omit "Judge" (wherever occurring), substitute "Justice".

Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 (No. 24, 2001)

4 Application of amendments

(1) Subject to subsection (3), each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.

Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001 (No. 159, 2001)

Schedule 1

97 Application of amendments

The amendments made by this Schedule do not apply to an appointment if the term of the appointment began before the commencement of this item.

Jurisdiction of Courts Legislation Amendment Act 2002 (No. 70, 2002)

Schedule 1

12 Definitions

In this Part:

ACT Supreme Court means the Supreme Court of the Australian Capital Territory.

Federal Court means the Federal Court of Australia.

13 Application of amendments

(1) The amendment made by item 1 applies in relation to:

(a) appeals instituted on or after the commencement of that item; and

(b) appeals instituted before the commencement of that item but in respect of which the Federal Court has not begun a substantive hearing before that commencement; and

(c) cases stated or questions reserved under section 26 of the Federal Court of Australia Act 1976 on or after the commencement of that item.

(2) The amendment made by item 2 applies in relation to:

(a) appeals from judgments of a court given on or after the commencement of that item; and

(b) cases stated or questions reserved under section 26 of the Federal Court of Australia Act 1976 on or after the commencement of that item.

(3) The amendment made by item 7 applies in relation to matters pending in the Federal Court on or after the commencement of that item.

14 Transfer of certain matters to the ACT Supreme Court

(1) If an appeal was instituted in the Federal Court and the Federal Court had not begun the substantive hearing of the appeal before the day on which item 1 commences, then the appeal is transferred to the ACT Supreme Court on that day.

(2) If a case was stated or a question was reserved for the consideration of the Federal Court under section 26 of the Federal Court of Australia Act 1976 and the Federal Court had not begun the substantive hearing of the case or question before the day on which item 1 commences, then the case or question is transferred to the ACT Supreme Court on that day.

(3) If a question was submitted for determination of a Full Court of the Federal Court under section 30A of the Federal Court of Australia Act 1976 and the Federal Court had not begun the substantive hearing of the question before the day on which item 6 commences, then the question is transferred to the ACT Supreme Court on that day.

(4) If an appeal, case or question is transferred to the ACT Supreme Court under this item, then:

(a) all documents filed in the Federal Court in relation to the appeal, case or question are to be transferred to the ACT Supreme Court; and

(b) any money lodged with the Federal Court in relation to the appeal, case or question is to be transferred to the ACT Supreme Court and is taken to be money lodged with the ACT Supreme Court in relation to the appeal, case or question; and

(c) everything done in or in relation to the appeal, case or question in the Federal Court is taken to have been done in the ACT Supreme Court.

15 Regulations

(1) The Governor‑General may make regulations prescribing matters:

(a) required or permitted by this Schedule to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Schedule.

(2) In particular, regulations may be made for matters of a transitional or saving nature arising from the amendments made by this Schedule.

Schedule 2

25 Application of amendments

(1) The amendment made by item 6 applies in relation to matters coming before the Court before, on or after the commencement of this item.

(2) The amendments made by items 7, 8 and 9 apply in relation to matters coming before the Court after the commencement of this item.

(4) The amendment made by item 11 applies in relation to appeals to the Court brought after the commencement of this item.

(5) The amendments made by items 13 and 14 apply in relation to documents issued from the Court after the commencement of this item.

(6) The amendments made by items 1, 2, 12, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 apply in relation to proceedings instituted in the Court before, on or after the commencement of this item.

Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 (No. 140, 2003)

4 Transitional provisions

(1) If legislation introduced into the Parliament before the commencing day but commencing on or after that day:

(a) authorises an instrument to be made in the exercise of a power delegated by the Parliament; and

(b) is expressed to require that instrument to be published as a statutory rule under the Statutory Rules Publication Act 1903;

any instrument so made is taken to be an instrument referred to in paragraph 6(b) of the Legislative Instruments Act 2003 despite the repeal by this Act of the Statutory Rules Publication Act 1903.

(2) If legislation introduced into the Parliament before the commencing day but commencing on or after that day:

(a) authorises an instrument to be made in the exercise of a power delegated by the Parliament; and

(b) is expressed to declare that instrument to be a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901;

any instrument so made is taken to be an instrument referred to in subparagraph 6(d)(i) of the Legislative Instruments Act 2003 despite the repeal by this Act of section 46A of the Acts Interpretation Act 1901.

(3) If legislation that is in force immediately before the commencing day or that is introduced into the Parliament before that day but that commences on or after that day:

(a) authorised or authorises an instrument to be made in the exercise of a power delegated by the Parliament that adversely affects the rights of a person, or results in the imposition of liabilities on a person; and

(b) provided or provides that the instrument has effect, to the extent that it adversely affects those rights or results in the imposition of those liabilities, despite subsection 48(2) of the Acts Interpretation Act 1901, before the date of its notification in the Gazette;

that legislation is to be construed, on and after the commencing day or the day of its commencement, whichever last occurs, as if it had provided instead that the instrument, to the extent that it adversely affects those rights or results in the imposition of those liabilities, has effect, despite subsection 12(2) of the Legislative Instruments Act 2003, before its registration under that Act.

(4) If:

(a) legislation (the enabling legislation) in force immediately before the commencing day:

(i) authorises the making of an instrument; and

(ii) does not declare such an instrument to be a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 but nonetheless makes provision for its disallowance by the application, with or without modification, of the provisions of Part XII of that Act; and

(b) an instrument is made in the exercise of that authority on or after the commencing day; and

(c) the instrument is not a legislative instrument for the purposes of the Legislative Instruments Act 2003 or otherwise;

the enabling legislation has effect, on and after the commencing day, as if:

(d) it had declared such instruments to be disallowable instruments for the purposes of section 46B of the Acts Interpretation Act 1901; and

(e) it had provided for such modifications of the operation of that section as are necessary to ensure that the effect of the applied provisions of Part XII of the Acts Interpretation Act 1901 is preserved.

(5) In this section:

commencing day means the commencing day within the meaning of the Legislative Instruments Act 2003.

Law and Justice Legislation Amendment Act 2004 (No. 62, 2004)

Schedule 1

20 Application of items 18 and 19

(1) The amendment made by item 18 applies to matters commenced on or after the day on which that item commences.

(2) The amendment made by item 19 applies to appeals commenced on or after the day on which that item commences.

Migration Litigation Reform Act 2005 (No. 137, 2005)

Schedule 1

40 Definitions

In this Part:

commencement day means the day on which this Schedule commences.

migration decision has the same meaning as in the Migration Act 1958, as amended by Part 1 of this Schedule.

migration litigation has the same meaning as in Part 8B of the Migration Act 1958, as amended by Part 1 of this Schedule.

substantive proceedings has the same meaning as in paragraph 503B(1)(b) of the Migration Act 1958.

42 Transitional provision--migration decision made before commencement day

Where proceedings are commenced on or after the commencement day in relation to a migration decision made before the commencement day, and actual notification of the decision is given before the commencement day:

(a) section 477 of the Migration Act 1958 applies as if the actual notification of the decision took place on the commencement day; and

(b) section 477A of that Act applies as if the actual notification of the decision took place on the commencement day; and

43 Application of items 2, 3, 4 and 6

The amendments made by items 2, 3, 4 and 6 of this Schedule apply in relation to migration judgments made on or after the commencement day.

44 Application of items 5, 7, 8 and 9

The amendments made by items 5, 7, 8 and 9 of this Schedule apply in relation to proceedings commenced on or after the commencement day.

Jurisdiction of the Federal Magistrates Court Legislation Amendment Act 2006 (No. 23, 2006)

Schedule 2

4 Application of amendments

The amendments of the Family Law Act 1975 and the Federal Court of Australia Act 1976 made by this Schedule apply in relation to proceedings started before, on or after the commencement of this Schedule.

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (No. 55, 2009)

Schedule 17

19 Application of Part 1

(1) The amendments made by Part 1 of this Schedule (other than item 8) apply:

(a) in relation to proceedings commenced after that Part commences; and

(b) in relation to proceedings that are pending in the Federal Court immediately before that Part commences, as if the reference in subsection 13(2) of the Federal Court of Australia Act 1976 (as inserted by item 6 of this Schedule) to "be instituted, heard and determined" were a reference to ", after item 6 of Schedule 17 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 commences, be heard and determined".

(2) A person who is a Judge (other than the Chief Justice) of the Federal Court immediately before Part 1 of this Schedule commences, is taken, for all purposes, not to have been assigned under section 6A of the Federal Court of Australia Act 1976 (as inserted by item 3 of this Schedule) to either Division of the Federal Court.

Note: A Judge (including the Chief Justice) who is not assigned to either Division of the Court may exercise the powers of the Court in either Division (see subsection 15(1C) of the Federal Court of Australia Act 1976, as inserted by item 7 of this Schedule).

Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - NOTES