Commonwealth Consolidated Acts Commonwealth Consolidated ActsPart 1—Amendment of Acts having effect on commencement of this Part
Administrative Appeals Tribunal Act 1975
1 Subparagraph 44(3)(b)(ii)
Omit “Chief Judge”, substitute “Chief Justice”.
Commonwealth Electoral Act 1918
2 Section 5 (definition of eligible Judge )
Omit “Chief Judge”, substitute “Chief Justice”.
3 Subsection 6(4)
Omit “Chief Judge”, substitute “Chief Justice of the Federal Court of Australia”.
Federal Court of Australia Act 1976
4 Section 4 (definition of Chief Judge )
Repeal the definition.
5 Section 4
Insert:
"Chief Justice" means the Chief Justice of the Court, and includes a Judge for the time being performing the duties and exercising the powers of Chief Justice.
6 Section 4 (definition of Division )
Repeal the definition.
7 Section 4 (definition of Full Court )
Omit “in a Division of the Court”.
8 Part II (heading)
Repeal the heading, substitute:
Part II—Federal Court of Australia
Division 1—Constitution of the Court
9 Subsection 5(3)
Repeal the subsection, substitute:
(3) The Court consists of a Chief Justice, and such other Judges as from time to time hold office in accordance with this Act.
10 Subsection 6(3)
Repeal the subsection.
11 Section 7
Omit “, and, while performing those duties and exercising those powers, shall, for the purposes of this Act, be deemed not to be attached to either Division of the Court”.
12 Section 13
Repeal the section.
13 Subsection 14(1)
Omit “, in either Division,”.
14 Subsection 14(2)
Repeal the subsection, substitute:
(2) A Full Court consists of 3 or more Judges sitting together or, to the extent permitted by subsection (3), of 2 Judges sitting together.
15 Subsection 15(2)
Omit “Chief Judge of the Federal Court of Australia” (wherever occurring), substitute “Chief Justice of the Federal Court of Australia”.
16 Subsection 15(3)
Omit “Chief Judge of the Federal Court of Australia”, substitute “Chief Justice of the Federal Court of Australia”.
17 Section 15A
Omit “Chief Judge” (first occurring), substitute “Chief Justice”.
Note: The heading to section 15A is altered by omitting “ Chief Judge ” (first occurring) and substituting “ Chief Justice ”.
18 Division 1 of Part IIA (heading)
Omit “ Chief Judge ”, substitute “ Chief Justice ”.
19 After section 18
Insert:
Division 2—Judicial Registrars
(1) The Governor‑General may appoint one or more Judicial Registrars.
(2) A Judicial Registrar may be appointed either on a full‑time basis or a part‑time basis.
18AB Powers of Judicial Registrars
(1) The Rules of Court may delegate to the Judicial Registrars, either generally or as otherwise provided in 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.
(2) For the purposes of paragraph (1)(a), the Rules may specify an amount of not more than:
(a) $10,000; or
(b) such greater amount as the regulations prescribe.
(3) Without limiting subsection (1), Rules of Court made in respect of that subsection:
(a) may delegate to the Judicial Registrars powers that could be delegated to the Registrar of the Court; and
(b) may so delegate powers by reference to powers that have been delegated to the Registrar of the Court under section 35A of this Act .
(4) A power delegated to the Judicial Registrars is, when exercised by a Judicial Registrar, taken to have been exercised by the Court or a Judge, as the case requires.
(5) The delegation of a power to the Judicial Registrars does not prevent the exercise of the power by the Court or a Judge.
(6) The provisions of this Act, the regulations and the Rules of Court, and of other laws of the Commonwealth, that relate to the exercise of a power by the Court apply, in relation to an exercise of the power by a Judicial Registrar under a delegation under subsection (1), as if a reference to the Court or a Judge, or to a court exercising jurisdiction under this Act, were a reference to a Judicial Registrar.
(7) As well as the powers delegated under subsection (1), the Judicial Registrars have such other powers as are conferred on them by this Act, the regulations or the Rules of Court.
18AC Review of decisions of Judicial Registrars
(1) A party to proceedings may apply to the Court to review a Judicial Registrar’s exercise in the proceedings of a power delegated under section 18AB. An application must be made within the period prescribed by the Rules of Court or such further period as is allowed in accordance with the Rules.
(2) On an application under subsection (1) or of its own motion, the Court may review a Judicial Registrar’s exercise of a power so delegated. The Court may make whatever order it considers appropriate in relation to the matter in relation to which the power was exercised.
(3) On the application of a party or of its own motion, the Court may refer to a Full Court of the Court an application under subsection (1).
18AD Exercise by Court of delegated powers
(1) If:
(a) an application for the exercise of a power delegated under section 18AB is to be, or is being, heard by a Judicial Registrar; and
(b) the Judicial Registrar considers that it is not appropriate for him or her to determine the application;
he or she must not hear, or continue to hear, the application, and must instead notify the Registrar of that fact so that the Registrar may make appropriate arrangements for the Court to hear the application.
(2) If a Judicial Registrar proposes to exercise in a particular case a power delegated under section 18AB but has not begun to exercise the power in that case, a Judge may order that the power be exercised in that case by a Judge.
(3) An order under subsection (2) may only be made on application by a person who would be a party to the proceedings before the Judicial Registrar in relation to the proposed exercise of the power.
(4) If an application is made under subsection (3), the Judicial Registrar must not exercise the power in that case until the application has been determined.
18AE Independence of Judicial Registrars
Despite anything else in this Act or in any other law, a Judicial Registrar is not subject to the direction or control of any person or body in the exercise of a power delegated under section 18AB.
18AF Qualification for appointment etc.
A person may be appointed as a Judicial Registrar only if the person has been enrolled for at least 5 years as a legal practitioner of the High Court or of the Supreme Court of a State or Territory.
(1) The instrument appointing a Judicial Registrar must specify as the date of effect of the appointment a day that is not earlier than the day when the instrument is signed.
(2) Subject to this Act, a Judicial Registrar holds office for the term (not exceeding 5 years) specified in the instrument of appointment.
(3) Subject to this Act, a Judicial Registrar is eligible for re‑appointment.
18AH Remuneration and allowances
(1) A Judicial Registrar is to be paid such remuneration as the Remuneration Tribunal determines.
(2) A Judicial Registrar is to be paid such allowances as the regulations prescribe.
(3) This section has effect subject to the Remuneration Tribunal Act 1973 .
(4) Remuneration and allowances payable to the Judicial Registrars are to be paid out of money appropriated by the Parliament for the purposes of the Court.
(1) Subject to section 87E of the Public Service Act 1922 , a person appointed as a full‑time Judicial Registrar has such recreation leave entitlements as the Remuneration Tribunal determines.
(2) The Chief Justice may grant a person appointed as a full‑time Judicial Registrar leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Chief Justice, with the Attorney‑General’s approval, determines.
A Judicial Registrar may resign by delivering to the Governor‑General a signed resignation. A resignation takes effect on the day when the Governor‑General receives it, or on such later day as it specifies.
18AK Termination of appointment
(1) The Governor‑General may terminate a Judicial Registrar’s appointment for misbehaviour or physical or mental incapacity.
(2) The Governor‑General must terminate a Judicial Registrar’s appointment if the Judicial Registrar becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit.
(3) The Governor‑General may, with the consent of a Judicial Registrar who is:
(a) an eligible employee for the purposes of the Superannuation Act 1976 ; or
(b) a member of the superannuation scheme established by deed under the Superannuation Act 1990 ;
retire the Judicial Registrar from office on the ground of incapacity.
(4) In spite of anything contained in this section, if the Judicial Registrar:
(a) is an eligible employee for the purposes of the Superannuation Act 1976 ; and
(b) has not reached his or her maximum retiring age within the meaning of that Act;
he or she is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act.
(5) In spite of anything contained in this section, if the Judicial Registrar:
(a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; and
(b) is under 60 years of age;
he or she is not capable of being retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.
18AL Oath or affirmation of office
Before proceeding to discharge the duties of his or her office, a Judicial Registrar must take an oath, or make an affirmation, before a Judge of the Court in the following form:
“I, .............., do swear that I will well and truly serve in the office of Judicial Registrar of the Federal Court of Australia and that I will do right to all manner of people according to law, without fear or favour, affection or ill will, So help me God!”
or
“I, ............, do solemnly and sincerely promise and declare that (as above, omitting the words “So help me God”). ”
18AM Other terms and conditions of appointment
A Judicial Registrar holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as the Governor‑General determines in writing.
20 Subsection 20(1)
Omit “in either Division”.
21 Subsection 25(6)
Omit “sitting in either Division”.
22 Subsection 25(6)
Omit “of the Court in that Division”.
23 Subsection 26(2)
Repeal the subsection, substitute:
(2) Subject to any other Act, the jurisdiction of the Court under subsection (1):
(a) if the court stating the case or reserving the question is a court of summary jurisdiction—may be exercised by one Judge or by a Full Court; or
(b) if the court stating the case or reserving the question is not a court of summary jurisdiction—must be exercised by a Full Court.
24 Subsection 31(1)
Omit “and, where the contempt relates to the exercise of jurisdiction in a Division of the Court, the jurisdiction to punish that contempt shall be exercised in that Division of the Court”.
25 Subsection 32A(1)
Omit “the General Division of”.
26 Subsection 34(3)
Repeal the subsection.
27 Subsections 59(3) and (4)
Omit “under this section”, substitute “under this Act”.
28 Section 4 (definition of judge ), subsection 6(5), sections 7, 8 and 9, subsection 15(1), sections 16, 18A, 18B, 18C, 18D, 18F, 18G, 18J, 18L, 18M, 18N, 18S, 18T, 18U, 18W, 18Y, 20, 25, 32ZF, 35, 36, 37E, 37L, 53AA and 53AB and the Schedule
Omit “Chief Judge” (wherever occurring), substitute “Chief Justice”.
Note: The headings to sections 7 and 18W are altered by omitting “ Chief Judge ” and substituting “ Chief Justice ”.
High Court of Australia Act 1979
29 Subsection 30(5)
Omit “Chief Judge”, substitute “Chief Justice”.
30 Subsection 4(1) (definition of Court )
Repeal the definition, substitute:
"Court" means the Federal Court of Australia.
31 Subsection 4(1) (definition of Federal Court )
Repeal the definition.
32 Part XIV (heading)
Repeal the heading.
33 Divisions 1, 2, 3 and 4 of Part XIV
Repeal the Divisions.
34 Division 5 of Part XIV (heading)
Repeal the heading, substitute:
Part XIV—Jurisdiction of the Federal Court of Australia
35 Subdivision A of Division 5 of Part XIV (heading)
Repeal the heading, substitute:
Division 1—Original jurisdiction
36 Paragraph 412(1)(f)
Omit “, other than a prosecution under section 407 or 485”.
37 Subsection 412(4)
Repeal the subsection.
38 Subsection 415(1)
Repeal the subsection.
39 Paragraphs 415(2)(a) and (b)
Repeal the paragraphs.
40 Subsection 415(2)
After “jurisdiction of the Court”, insert “under this Act”.
41 Subsection 415(2)
Renumber the subsection as subsection (1).
42 Subsection 415(3)
Renumber the subsection as subsection (2).
43 Subsection 415(3)
Omit “(2)”, substitute “(1)”.
44 Paragraph 416(1)(b)
Omit “; and”.
45 Paragraph 416(1)(c)
Repeal the paragraph.
46 Sections 417, 418 and 419
Repeal the sections.
47 Subdivision B of Division 5 of Part XIV (heading)
Repeal the heading, substitute:
Division 2—Appellate jurisdiction
48 Section 420
Repeal the section.
49 Section 421
Repeal the section, substitute:
421 Appeal to the Court from certain judgments
In spite of section 24 of the Federal Court Act 1976 , an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 219 or 253M except in accordance with leave given by the Court.
50 Sections 423, 424, 425, 426, 427 and 428
Repeal the sections.
51 Subdivisions C and D of Division 5 of Part XIV
Repeal the Subdivisions.
52 Divisions 6 and 7 of Part XIV
Repeal the Divisions.
53 Division 8 of Part XIV (heading)
Repeal the heading, substitute:
Division 3—Representation and intervention
54 Subsection 469(10) (definition of relevant proceeding)
Repeal the definition, substitute:
"relevant proceeding" means proceedings under section 46, 82, 153, 413 or 413A.
55 Divisions 9 and 10 of Part XIV
Repeal the Divisions.
56 Subsection 83(1) and section 222
Omit “Chief Judge”, substitute “Chief Justice”.
57 Section 253 (definition of Chief Judge )
Repeal the definition.
58 Section 253
Insert:
"Chief Justice" means the Chief Justice of the Federal Court of Australia.
Part 2—Amendment of Acts having effect on commencement of this Part
59 Paragraph 15A(1A)(a)
Omit “, or by the Industrial Relations Court of Australia,”.
60 Paragraph 23(2)(a)
Omit “, a decision of the Industrial Relations Court of Australia or a Judge of that Court”.
61 Paragraph 39B(2)(aa)
Repeal the paragraph.
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.
Division 2—Transfer of jurisdiction and proceedings to the Federal Court
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.
Division 3—Jurisdiction of the Industrial Relations Court
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.
Division 5—The appointment and duties of the Registrar of the Industrial Relations 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.
Division 6—The transfer of officers of the Industrial Relations Court to 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.
Division 7—The management of the Industrial Relations Court
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.
Division 8—Abolition of the Industrial Relations Court
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.
Division 9—Restyling the office of Chief Judge of the Federal Court of Australia
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”.
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