Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Honourable Philip Ruddock MP)Schedule 2 - Amendments relating to the management of the Federal Magistrates Court
Amendments to the Federal Magistrates Act 1999
138. This item amends the simplified outline contained in section 4 to provide that the Chief Federal Magistrate, rather than the FMC is responsible for the administrative management of the FMC. This is consequential to the amendments made to section 89 of the Federal Magistrates Act by item 3.
139. This item also amends the simplified outline in section 4 to provide that the Chief Executive Officer of the FMC is to assist the Chief Federal Magistrate in the administrative management of the FMC.
140. This item amends subsection 89(1) to provide that the Chief Federal Magistrate will be responsible for the administrative management of the FMC. This change aligns the arrangement for the management of the administrative affairs of the FMC with the arrangements for the management of the administrative affairs of the Federal Court and the Family Court of Australia. The Chief Federal Magistrate will have responsibility for managing the administrative affairs of the FMC, replacing the current system with a more practical arrangement for the management of the FMC's administrative affairs.
141. This change to management arrangements reflects the growth in size of the FMC since its establishment, which includes the appointment of eight additional magistrates in 2004 as part of the Government's package of migration litigation reforms.
142. This item repeals subsection 89(2) of the Federal Magistrates Act which is no longer necessary as the Chief Federal Magistrate will be responsible for managing all of the FMC's administrative affairs, including those matters mentioned in subsection 89(2).
143. This item amends subsection 89(3) to provide that, subject to qualifications in subsection 89(4), the Chief Federal Magistrate has power to do all things that are necessary or convenient to be done, including entering into contracts and acquiring or disposing of real and personal property on behalf of the Commonwealth. This amendment is consequential to the amendment made in item 3.
144. Item 6 inserts subsection 89(3A) to provide that the Chief Federal Magistrate's powers under subsection 89(3) are in addition to any other powers that he or she has under the Federal Magistrates Act or any another Act.
145. This item amends subsection 89(4) to expressly limit the Chief Federal Magistrate's powers under subsection 89(3). The Chief Federal Magistrate cannot enter into contracts which involve amounts exceeding $1 million, or if a higher amount is prescribed, that higher amount, without the Minister's approval. This amendment is consequential to the amendment made by item 3.
146. This item amends subsection 90(1) to provide that the Chief Federal Magistrate has overall responsibility for the FMC's administration, including arrangements with other courts. This amendment is consequential to the amendment made by item 3.
147. This item amends subsection 91(1) to provide that the Chief Federal Magistrate has overall responsibility for the FMC's administration, including arrangements with other Commonwealth or State or Territory agencies or other organisations. This amendment is consequential to the amendment made by item 3.
148. This item amends subsection 92 to provide that the Chief Federal Magistrate has overall responsibility for the FMC's administration, including arrangements with other courts to share courtrooms and other facilities. This amendment is consequential to the amendment made by item 3.
149. This amendment is necessary to take into account the insertion of subsection (2) into section 93 by item 12, Schedule 2.
Item 12 At the end of section 93
150. This item inserts subsection (2) into section 93 to enable the Chief Federal Magistrate to appoint advisory committees consisting of federal magistrates, or of federal magistrates and other persons, for the purpose of advising the Chief Federal Magistrate in relation to the management of the administrative affairs of the FMC. This amendment is consequential to the amendment made by item 3.
151. This item amends subsection 96(1) to provide that the Chief Federal Magistrate is assisted in the management of administrative affairs by the FMC's Chief Executive Officer. This amendment is consequential to the amendment made by item 3.
152. This item amends subsection 96(2) to provide that the Chief Executive Officer has the power to do all things necessary or convenient to be done for the purpose of assisting the Chief Federal Magistrate in the administration of the FMC. This amendment is consequential to the amendment made by item 3.
153. This item amends subsection 96(3) to provide that the Chief Executive Officer may act on behalf of the Chief Federal Magistrate in relation to the FMC's administration. This amendment is consequential to the amendment made by item 3.
154. This item amends subsection 96(4) to provide that the Chief Federal Magistrate may give the Chief Executive Officer directions relating to the exercise of the Chief Executive Officer's powers under the Federal Magistrates Act. This amendment is consequential to the amendment made by item 3.
155. This item amends subsection 96(4) by deleting the words 'his or her' from subsection 96(4) and inserting 'the Chief Executive Officer's', in order to make clear that the powers being referred to in the amended subsection are those of the Chief Executive Officer and not the Chief Federal Magistrate. This amendment is consequential to the amendment made by item 3.
156. This item amends subsection 96(4) to provide that the Chief Federal Magistrate may also give officers of the FMC, other than the Chief Executive Officer, such duties, powers and functions as necessary. This amendment is consequential to the amendment made by item 3.
157. This item amends section 100 to provide that the Chief Executive Officer may, on behalf of the Chief Federal Magistrate, arrange for employees of Commonwealth Agencies or authorities to be made available to the FMC. This amendment is consequential to the amendment made by item 3.
158. This item inserts new section 117A allowing the Chief Federal Magistrate to delegate all or any of his or her powers under section 89 to any one or more of the Federal Magistrates. This amendment is consequential to the amendments made by items 3 and 5 to 7.
Item 21 Transitional Provision-things done before the commencement of this Schedule
159. The effect of this item is that anything done under the Federal Magistrates Act before the commencement of Schedule 2 has the same effect, after that commencement, as it would have had if the Schedule not been enacted.