Commonwealth Consolidated Acts

FEDERAL MAGISTRATES ACT 1999 - SECT 5

                   In this Act, unless the contrary intention appears:

"Accreditation Rules" means regulations made under section 10A of the Family Law Act 1975 .

"audio link" means facilities (for example, telephone facilities) that enable audio communication between persons in different places.

"Australia" , when used in a geographical sense, includes the external Territories.

"Australian court" means a federal court or a court of a State or Territory.

"beneficiary" , in respect of a payment under clause 9D of Schedule 1, has the meaning given by subclause 9D(4) of that Schedule.

"Chief Executive Officer" means the Chief Executive Officer of the Federal Magistrates Court.

Child Support (Assessment) Act 1989 includes regulations under that Act.

Child Support (Registration and Collection Act) 1988 includes regulations under that Act.

"Commonwealth superannuation contribution" , in respect of a Federal Magistrate or retired disabled Federal Magistrate, means a Commonwealth contribution to the Magistrate's choice of:

                     (a)  a complying superannuation fund (within the meaning of section 45 of the Superannuation Industry (Supervision) Act 1993 ); or

                     (b)  a retirement savings account (within the meaning of section 8 of the Retirement Savings Accounts Act 1997 ).

"Division" means the General Division or the Fair Work Division of the Federal Magistrates Court.

"eligible child" has the meaning given by clause 9F of Schedule 1.

"eligible spouse" has the meaning given by clause 9E of Schedule 1.

"family consultant" means a family consultant within the meaning of the Family Law Act 1975 .

"Family Court" means the Family Court of Australia.

Family Law Act 1975 includes regulations under that Act.

"Family law or child support proceedings" means proceedings under:

                     (a)  the Family Law Act 1975 ; or

                     (b)  the Child Support (Assessment) Act 1989 ; or

                     (c)  the Child Support (Registration and Collection) Act 1988 .

"Federal Court" means the Federal Court of Australia.

"Federal Magistrate" :

                     (a)  means a Federal Magistrate (including the Chief Federal Magistrate) who holds office under this Act; and

                     (b)  when used in the expression the Federal Magistrates Court or a Federal Magistrate , means a Federal Magistrate sitting in Chambers.

"Judgment" means a judgment, decree or order, whether final or interlocutory, or a sentence, and includes a decree within the meaning of the Family Law Act 1975 .

"living with" a person has the meaning given by subclause 9E(8) of Schedule 1.

"marital or couple relationship" has the meaning given by subclause 9E(5) of Schedule 1.

"partner" : a person is the partner of another person if the 2 persons have a relationship as a couple (whether the persons are the same sex or different sexes).

"prior judicial service" , in relation to a retired disabled Federal Magistrate, means service, prior to the Magistrate's appointment as a Federal Magistrate, as one of the following:

                     (a)  a Justice or Judge of a federal court;

                     (b)  the holder of an office, being an office the holder of which has, by virtue of an Act, the same status as a Justice or Judge of a federal court;

                     (c)  a Federal Magistrate;

                     (d)  a Judge or acting Judge of a court of a State or Territory;

                     (e)  a magistrate of a State or Territory;

                      (f)  in the case of a State or Territory office that qualifies the holder of the office for a pension or retiring allowance under a law of the State or Territory relating to pensions or retiring allowances payable to retired Judges--a holder of the office (including an acting holder).

Note:          If the Magistrate was appointed as a Federal Magistrate more than once, see section 5A.

"proceeding" means a proceeding in a court, whether between parties or not, and includes an incidental proceeding in the course of, or in connection with, a proceeding, and also includes an appeal.

"Registrar" means a Registrar of the Federal Magistrates Court.

"retired disabled Federal Magistrate" means a person certified by the Minister to be a retired disabled Federal Magistrate under paragraph 9A(2)(a) of Schedule 1.

"retires" , in relation to a Federal Magistrate, means ceases, otherwise than by death, to hold any office as a Federal Magistrate.

"Rules of Court" means Rules of Court made under this Act.

"video link" means facilities (for example, closed-circuit television facilities) that enable audio and visual communication between persons in different places.