Commonwealth Numbered Acts

LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1997 No. 34 of 1997 - SCHEDULE 8

Schedule 8-Amendment of the Federal Court of Australia Act 1976 1 Before
subsection 18AB(1)
Insert:

(1A) 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 in the exercise of the Court's
original jurisdiction, except:

   (a)  proceedings in which the amount sought, or the value of the subject
        matter, is more than $100,000; and

   (b)  proceedings for a prerogative writ or an order in the nature of a
        prerogative writ; and

   (c)  proceedings that involve a claim under the Workplace Relations 
        Act 1996; and

   (d)  proceedings arising under the Human Rights and Equal Opportunity 
        Commission Act 1986; and

   (e)  proceedings arising under the Native Title Act 1993. Powers of the
        Court in relation to proceedings mentioned in any of paragraphs (a) to
        (e) may, however, be delegated to Judicial Registrars by the Rules of
        Court if this is expressly provided for by another provision of this
        or any other Act. 2 Subsection 18AB(3)
Omit "Without limiting subsection (1), Rules of Court made in respect of that
subsection", substitute "Rules of Court made for the purposes of this
section". 3 Subsection 18AB(6)
Omit "subsection (1)", substitute "this section". 4 Subsection 18AB(7)
Omit "subsection (1)", substitute "this section". 5 At the end of subsection
18N(1)
Add:
; (e) such Marshals for the purposes of the Admiralty Act 1988 as are
necessary. 6 After subsection 24(1)
Insert:

(1AA) An appeal may not be brought to the Court from a judgment of the Supreme
Court of the Australian Capital Territory given after the commencement of this
subsection when that Court is known as the Court of Disputed Elections under
subsection 252(1) of the Electoral Act 1992 of that Territory. 7 Subsection
24(2)
Omit "On or after", substitute "Subject to subsection (2A), on or after". 8
After subsection 24(2)
Insert:

(2A) An appeal may not be brought to the High Court from a judgment of the
Supreme Court of the Australian Capital Territory given after the commencement
of this subsection when that Court is known as the Court of Disputed Elections
under subsection 252(1) of the Electoral Act 1992 of that Territory. 9
Subsection 30A(1)
Omit "the Attorney-General or the Director of Public Prosecutions", substitute
"an appropriate authority". 10 Subsection 30A(5)
Omit "Attorney-General or Director of Public Prosecutions, as the case
requires,", substitute "appropriate authority who submitted the question for
determination". 11 Paragraph 30A(6)(a)
Repeal the paragraph, substitute:

   (a)  a report (other than a report of proceedings under this section) that
        refers, or draws attention, whether directly or indirectly, to an
        appropriate authority having, under subsection (1), submitted a
        question of law for the determination of a Full Court; or 12 At the
        end of section 30A
Add:

(8) In this section:
appropriate authority means:

   (a)  the Attorney-General of the Commonwealth; or

   (b)  the Attorney-General of the Australian Capital Territory; or

   (c)  the Director of Public Prosecutions of the Commonwealth; or

   (d)  the Director of Public Prosecutions of the Australian Capital
        Territory. 13 Subsection 32W(5)
Omit "If an amount", substitute "Subject to subsection (6), if an amount". 14
Paragraph 32W(5)(b)
Repeal the paragraph, substitute:

   (b)  in any other case-as if it were for an equivalent amount in Australian
        currency, based on the rate of exchange prevailing on the second
        business day (the conversion day) before the day on which the
        application for registration is made. 15 After subsection 32W(5)
Insert:

(5A) For the purposes of paragraph (5)(b), the rate of exchange prevailing on
the conversion day is the average of the rates at which Australian dollars may
be bought in New Zealand currency at:

   (a)  11 am; or

   (b)  if another time is prescribed for the purposes of this subsection-that
        other time; on that day from 3 authorised foreign exchange dealers
        selected by the judgment creditor.

(5B) The reference in paragraph (5)(b) to a business day is a reference to a
day on which the authorised foreign exchange dealers selected by the judgment
creditor as mentioned in subsection (5A) publish rates at which Australian
dollars may be bought in New Zealand currency. 16 At the end of subsection
32W(7) Add "and the costs of obtaining from foreign exchange dealers evidence
of the rates at which Australian dollars may be bought in New Zealand
currency". 17 At the end of section 32W Add:

(8) In this section:
authorised foreign exchange dealer means a person authorised by a general
authority issued by the Reserve Bank of Australia under regulation 38A of the
Banking (Foreign Exchange) Regulations to buy and sell foreign currency. 18
Subsection 53A(1)
Omit ", with the consent of the parties to proceedings in the Court, by order
refer the proceedings", substitute "by order refer the proceedings in the
Court". 19 After subsection 53A(1)
Insert:

(1A) Referrals under subsection (1) to a mediator may be made with or without
the consent of the parties to the proceedings. However, referrals to an
arbitrator may be made only with the consent of the parties.