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FEDERAL MAGISTRATES ACT 1999 - SECT 102 Registrars' powers

FEDERAL MAGISTRATES ACT 1999 - SECT 102

Registrars' powers
(1)
The object of this section is to allow certain powers of the Federal Magistrates Court to be exercised by a Registrar.

(2)
The following powers of the Federal Magistrates Court may, if the Federal Magistrates Court or a Federal Magistrate so directs, be exercised by a Registrar:

(a)
the power to dispense with the service of any process of the Federal Magistrates Court;

(b)
the power to make orders in relation to substituted service;

(c)
the power to make orders in relation to discovery, inspection and production of documents in the possession, power or custody of a party to proceedings in the Federal Magistrates Court or of any other person;

(d)
the power to make orders in relation to interrogatories;

(e)
the power, in proceedings in the Federal Magistrates Court, to make an order adjourning the hearing of the proceedings;

(f)
the power to make an order as to costs;

(g)
the power to make an order about security for costs;

(h)
the power to make an order exempting a party to proceedings in the Federal Magistrates Court from compliance with a provision of the Rules of Court;

(i)
a power of the Federal Magistrates Court prescribed by the Rules of Court;

(j)
the power, in family law or child support proceedings, to direct a party to the proceedings to answer particular questions;

(k)
the power to direct the parties to family law or child support proceedings to attend conferences conducted by family and child counsellors or welfare officers;

(l)
the power, in family law or child support proceedings, to make:

(i)
an order under section 66Q, 67E or 77 of the Family Law Act 1975 ; or
(ii)
an order for the payment of maintenance pending the disposal of the proceedings;
(m)
the power to make an order the terms of which have been agreed upon by all the parties to the proceedings;

(n)
the power to make orders (including an order for garnishment, seizure of property or sequestration) for the enforcement of maintenance orders under the Family Law Act 1975 ;

(o)
the power to make an order exempting a party to family law or child support proceedings from compliance with a provision of regulations under the Family Law Act 1975 .

Costs

(3)
A Registrar must not exercise the powers referred to in paragraph (2)(f) except in relation to costs of, or in connection with, an application heard by a Registrar.

Limitation on exercise of certain powers under the Family Law Act 1975

(4)
Subsection 37A(2) of the Family Law Act 1975 applies to the exercise of a power by a Registrar under subsection (2) of this section in a corresponding way to the way in which it applies to a delegation under subsection 37A(1) of that Act.

(5)
Subsection 37A(5) of the Family Law Act 1975 applies to the exercise of a power referred to in paragraph (2)(l) of this section in a corresponding way to the way in which it applies to the power referred to in paragraph 37A(1)(f) of that Act.

Application of laws

(6)
The provisions of this Act, the Rules of Court and any other law of the Commonwealth that relate to the exercise by the Federal Magistrates Court of a power that is, because of subsection (2), exercisable by a Registrar, apply in relation to an exercise of the power by a Registrar under this section as if references in those provisions to the Federal Magistrates Court were references to the Registrar.