House of Representatives

Explanatory Memorandum

(Circulated by the authority of the Attorney-General, the Honourable Daryl Williams AM QC MP)

Schedule 7 - Amendment of Bankruptcy Act 1966

Items 1-4 and 6-7

These amendments ensure that the Federal Magistrates Court has the same jurisdiction and powers as the Federal Court under this Act.

Item 5

This item amends subsection 30(3), to ensure that it is only in the Federal Court that the Court can direct that a question of fact be tried by jury in proceedings under this Act. This amendment is required since the Federal Magistrates Court will not have any juries in civil proceedings.