Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Federal Magistrates, or a majority of them, may make Rules of Court:
(a) making provision for or in relation to the practice and procedure to be followed in the Federal Magistrates Court (including the practice and procedure to be followed in registries of the Federal Magistrates Court); or
(b) making provision for or in relation to all matters and things incidental to any such practice or procedure, or necessary or convenient to be prescribed for the conduct of any business of the Federal Magistrates Court; or
(c) prescribing matters required or permitted by:
(i) any other provision of this Act; or
(ii) any other law of the Commonwealth;
to be prescribed by the Rules of Court.
(2) Rules of Court have effect subject to any provision made by another Act, or by rules or regulations under another Act, with respect to the practice and procedure in particular matters.
(3) The Legislative Instruments Act 2003 (other than sections 5, 6, 7, 10, 11 and 16 of that Act) applies in relation to rules of court made by the Court under this Act or another Act:
(a) as if a reference to a legislative instrument were a reference to a rule of court; and
(b) as if a reference to a rule‑maker were a reference to the Chief Federal Magistrate acting on behalf of the Federal Magistrates; and
(c) subject to such further modifications or adaptations as are provided for in regulations made under section 120 of this Act.
(4) Despite the fact that section 16 of the Legislative Instruments Act 2003 does not apply to rules of court made by the Court under this Act or another Act, the Department may provide assistance in the drafting of any of those Rules if the Chief Federal Magistrate so desires.
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