House of Representatives

Explanatory Memorandum

(Circulated by authority of the Attorney-General, the Honourable Christian Porter MP)

Schedule 2 - Further consequential amendments

Administrative Appeals Tribunal Act 1975

Item 1 - Paragraph 7(2)(a)

592. Item 1 updates the reference to the 'Family Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 1)' in paragraph 7(2)(a) of the Administrative Appeals Tribunal Act 1975. Subsection 7(2) currently provides for qualifications for appointment as a Deputy President of the Administrative Appeals Tribunal ('Tribunal'). Paragraph 7(2)(a) provides that one of the possible criteria for a person to be eligible to be appointed Deputy President is that they are a Judge of the Federal Court of Australia or the Family Court. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not alter the eligibility requirements for appointment as a Deputy President of the Tribunal as provided by paragraph 7(2)(a).

Item 2 - Subsection 43(5C)

593. Item 2 updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 43(5C).Where the Tribunal has stayed the operation or implementation of a decision under review to allow the Tribunal to effectively consider the decision and the Tribunal makes a decision, subsection 43(5C) currently provides for the Tribunal's decision on review to be stayed until the end of the period to appeal or the appeal is determined, unless the Tribunal, the Federal Court or the Federal Circuit Court otherwise orders. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 43(5C).

Item 3 - Subsection 44(1) (note 2)

594. Item 3 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the notes to subsection 44(1). Note 2 to subsection 44(1) currently provides that a party to a child support first review may in some instances appeal instead to the Federal Circuit Court and directs to section 44AAA. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the note.

Item 4 - Section 44AAA (heading)

595. Item 4 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the heading to section 44AAA. The heading now reads 'Appeals to the Federal Circuit and Family Court of Australia (Division 2) from decisions of the Tribunal in relation to child support first reviews'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 5 - Subsections 44AAA(1) and (2)

596. Item 5 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsections 44AAA(1) and (2). Section 44AAA currently provides for appeals to the Federal Circuit Court from decisions of the Tribunal in relation to child support first reviews. Subsection 44AAA(1) provides that if the Tribunal as constituted during a child support first review did not include a presidential member, a party may appeal to the Federal Circuit Court on a question of law from any decision of the Tribunal. Subsection 44AAA(2) provides provisions that apply in relation to such an appeal and a reference in those provisions to the Federal Court apply as if they were a reference to the Federal Circuit Court. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subsections 44AAA(1) and (2).

Item 6 - Subsection 44AAA(3)

597. Item 6 updates the reference in subsection 44AAA(3) to the 'Federal Circuit Court of Australia Act 1999' to be 'Chapter 4 of the Federal Circuit and Family Court of Australia Act 2019'.

598. Section 44AAA currently provides for appeals to the Federal Circuit Court from decisions of the Tribunal in relation to child support first reviews. Subsection (3) applies paragraph 44(2A)(b) to an appeal under the section and provides that a reference to rules of court made under the Federal Court Act is a reference to Rules of Court made under the Federal Circuit Court Act. The amendment updates the legislative reference and does not affect the intent of subsection 44AAA(3).

Item 7 - Section 44AA (heading)

599. Item 7 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the heading to section 44AA. The heading now reads 'Transfer of appeals from Federal Court to Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 8 - Subsections 44AA(1), (2), (4), (5), (6), (7), (8) and (9)

600. Item 8 updates references to the ''Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)'in section 44AA. Section 44AA currently deals with transfer of appeals from the Federal Court to the Federal Circuit Court. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subsections 44AA(1), (2), (4), (5), (6), (7), (8) and (9).

Item 9 - Subsection 44AA(11) (heading)

601. Item 9 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the heading to subsection 44AA(11). The heading now reads 'Federal Circuit and Family Court of Australia (Division 2) may make findings of fact'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 10 - Subsections 44AA(11) and (12)

602. Item 10 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsections 44AA(11) and (12). Subsections 44AA(11) and (12) currently deal with the Federal Circuit Court being able to make findings of fact. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively change the operation of subsections 44AA(11) and (12).

Item 11 - Subsection 44A(2A)

603. Item 11 updates the reference to the 'Federal Circuit Court of Australia, the Federal Circuit Court of Australia or a Judge of the Federal Circuit Court of Australia' to the 'Federal Circuit and Family Court of Australia (Division 2), the Federal Circuit and Family Court of Australia (Division 2) or a Judge of that Court' in subsection 44A(2A). Subsection 44A(2A) currently provides that the Federal Circuit Court or a Judge of the Federal Circuit Court may order a stay of all or part of a Tribunal decision which is the subject of an appeal in the Court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2). The use of 'that Court' refers to the FCFC (Division 2) and saves repeating the name again in full. The amendment does not substantively alter the operation of subsection 44A(2A).

Item 12 - Subsection 44A(2A)

604. Item 12 updates the reference to the 'Federal Circuit Court of Australia or Judge of the Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Court' in subsection 44A(2A). Subsection 44A(2A) currently provides that the Federal Circuit Court or a Judge of the Federal Circuit Court may order a stay of all or part of a Tribunal decision which is the subject of an appeal in the Federal Circuit Court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2). The use of 'the Court' refers to the FCFC (Division 2) and saves repeating the name again in full. The amendment does not substantively alter the operation of subsection 44A(2A).

Item 13 - Paragraph 44A(3)(b)

605. Item 13 updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in paragraph 44A(3)(b). Section 44A currently deals with the operation and implementation of a decision that is subject to appeal. Paragraph 44A(3)(b) provides for the Federal Circuit Court to make an order varying or revoking an order made under subsection 44A(2) or (2A). The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of paragraph 44A(3)(b).

Item 14 - Section 46 (heading)

606. Item 14 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the heading to section 46. The heading now reads 'Sending of documents to, and disclosure of documents by, the Federal Court and the FCFC (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 15 - Subsections 46(1), (2) and (3)

607. Item 15 updates references to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsections 46(1), (2) and (3). Section 46 currently provides for the sending of documents to, and disclosure of documents by, the Federal Court and the Federal Circuit Court. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subsections 46(1), (2) and (3).

Administrative Decisions (Judicial Review) Act 1977

Item 16 - Subsection 3(1) (definition of Family Court Judge )

608. Item 16 repeals the definition of 'Family Court Judge' in subsection 3(1) of the Administrative Decisions (Judicial Review) Act 1977. Subsection 3(1) provides definitions to assist in interpreting the Act. The definition currently provides that 'Family Court Judge' means 'a Judge of the Family Court (including the Chief Justice, the Deputy Chief Justice or a Senior Judge)'. The definition is no longer required as the Family Court will be continued as the FCFC (Division 1). Where references in the Act are made to a Judge of the FCFC (Division 1), the reference is provided in full.

Item 17 - Subsection 3(1)

609. Item 17 inserts a definition of the FCFC (Division 2) Rules into subsection 3(1). Subsection 3(1) provides definitions to assist in interpreting the Act. The new definition provides that the 'Federal Circuit and Family Court of Australia (Division 2) Rules means the Rules of Court made under Chapter 4 of the Federal Circuit and Family Court of Australia Act 2019'. The amendment appropriately references the new enabling Act under which the FCFC (Division 2) Rules will be made.

Item 18 - Subsection 3(1)

610. Item 18 repeals the definitions of 'Federal Circuit Court', 'Federal Circuit Court Rules' and 'the Family Court' in subsection 3(1). Subsection 3(1) provides definitions to assist in interpreting the Act. These definitions are no longer required as the Federal Circuit Court will be continued as the FCFC (Division 2), the applicable Rules will be the FCFC (Division 2) Rules, and the Family Court will be continued as the FCFC (Division 1). Where references in the Act are made to either Division of the FCFC, the title of that Court is provided in full. See item 17 for the definition of the 'Federal Circuit and Family Court of Australia (Division 2) Rules'.

Item 19 - Subsection 3(10)

611. Item 19 amends references to the way matters may be transferred from the FCFC (Division 2) to the Federal Court in subsection 3(10). Subsection 3(10) currently provides that a reference in the Act to an application made to the Federal Court includes a reference to an application made in the Federal Circuit Court and subsequently transferred to the Federal Court under Part 5 of the Federal Circuit Court Act. The provision will now refer to the updated transfer provisions. New section 32AC of the Federal Court Act, which is inserted by item 220 of Schedule 1 of this Bill, provides the Federal Court with the power to transfer matters, other than proceedings relating to family law matters, on its own initiative or on the application of a party from the FCFC (Division 2). See item 220 of Schedule 1 of this Explanatory Memorandum for further guidance. Clause 153 of the FCFC Bill similarly provides the FCFC (Division 2) with the power to transfer matters, other than proceedings relating to family law matters, on its own initiative or on the application of a party to the Federal Court. The Federal Court must confirm such a transfer under new section 32AD of the Federal Court of Act, which is also inserted by item 220 of Schedule 1 of this Bill. See item 220 of Schedule 1 of this Explanatory Memorandum for further guidance. This item amends subsection 3(10) to reflect the new law.

Item 20 - Subsection 3(11)

612. Item 20 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 3(11). Subsection 3(11) currently provides that a reference in the Act to an application made to the Federal Circuit Court includes a reference to an application made in the Federal Court and subsequently transferred to the Federal Circuit Court under section 32AB of the Federal Court Act, and an application that could have been made directly to the Federal Circuit Court. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subsection 3(11).

Item 21 - Subsection 3(12)

613. Item 21 repeals subsection 3(12). Subsection 3(12) currently provides for section 19 of the Federal Circuit Court Act to be disregarded. This Act will be repealed and so is no longer relevant.

Item 22 - Subsections 5(1) and 6(1)

614. Item 22 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsections 5(1) and 6(1). Section 5 currently deals with applications for review of decisions. Section 6 deals with applications for review of conduct related to making of decisions. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subsections 5(1) or 6(1).

Item 23 - Section 7

615. Item 23 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in section 7. Section 7 currently deals with applications in respect of failures to make decisions. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of section 7.

Item 24 - Section 8 (heading)

616. Item 24 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the heading to section 8. The heading now reads 'Jurisdiction of Federal Court and Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 25 - Subsection 8(2)

617. Item 25 repeals subsection 8(2) and replaces it with a new subsection. Section 8 currently provides for the jurisdiction of the Federal Court and Federal Circuit Court to hear and determine applications made to the respective courts under the Act. The main change made by the new subsection is that it refers to the 'Federal Circuit and Family Court of Australia (Division 2)', rather than the 'Federal Circuit Court'. The use of 'the Court' refers to the FCFC (Division 2) and saves repeating the name again in full. The note no longer refers to subsection 3(12), as this subsection will be repealed by item 21. The substitution appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 26 - Section 10

618. Item 26 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in section 10. Section 10 currently provides for rights conferred by the Act to be in addition to other rights. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of section 10.

Item 27 - Subsection 11(1)

619. Item 27 updates the first reference to the 'Federal Circuit Court' in subsection 11(1) to be 'Federal Circuit and Family Court of Australia (Division 2)'. Section 11 currently provides for the manner of making applications to the Federal Court or Federal Circuit Court. Subsection 11(1) provides how to make applications to the Federal Court or the Federal Circuit Court for an order of review, and what to include. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 11(1).

Item 28 - Subparagraph 11(1)(a)(ii)

620. Item 27 updates the reference to the 'Federal Circuit Court-Federal Circuit Court Rules' to be 'Federal Circuit and Family Court of Australia (Division 2)- Federal Circuit and Family Court of Australia (Division 2) Rules' in subparagraph 11(1)(a)(ii). Subparagraph 11(1)(a)(ii) currently provides that an application to the Federal Circuit Court for an order of review of a decision is to be made in a manner as prescribed by the Federal Circuit Court Rules. See item 17 of this Schedule for the definition of the 'Federal Circuit and Family Court of Australia (Division 2) Rules'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and refers to the appropriate applicable Rules for that Court. It does not substantively alter the operation of subparagraph 11(1)(a)(ii).

Item 29 - Subsection 11(2)

621. Item 29 updates the first reference to the 'Federal Circuit Court' in subsection 11(2) to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 11(2). Subsection 11(2) currently deals with the manner of making applications to the Federal Court or the Federal Circuit Court for any application other than an order of review. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 30 - Paragraph 11(2)(b)

622. Item 30 updates the reference to the 'Federal Circuit Court-Federal Circuit Court Rules' to be 'Federal Circuit and Family Court of Australia (Division 2)- Federal Circuit and Family Court of Australia (Division 2) Rules' in paragraph 11(2)(b). Paragraph 11(2)(b) currently provides that an application to the Federal Circuit Court for any application other than order of review is to be made as prescribed by the Federal Circuit Court Rules. See item 17 for the definition of the 'Federal Circuit and Family Court of Australia (Division 2) Rules'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and refers to the appropriate applicable Rules for that Court and does not substantively alter the operation of paragraph 11(2)(b).

Items 31 and 32 - Subparagraph 11(3)(b)(ii) and subsections 11(4) and (7)

623. Items 31 and 32 update references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsections 11(3), (4) and (7). Subsections 11(3) and (4) currently set out the period in which to lodge an application with the Federal Court or the Federal Circuit Court for an order of review. Subsection 11(7) provides for the Federal Court or the Federal Circuit Court to permit a document lodged with a registry of the Court in connection with an application under the Act be amended or direct such a document be amended. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subparagraph 11(3)(b)(ii), or subsections 11(4) and (7).

Item 33 - subsection 11(8A)

624. Item 33 repeals subsection 11(8A) and replaces it with a new subsection. The main change made by the new subsection is that it updates references to the 'Federal Circuit Court Rules' to be 'Federal Circuit and Family Court of Australia (Division 2) Rules' and 'Registry of the Federal Circuit Court' to be 'Registry of the Federal Circuit and Family Court of Australia (Division 2)'. Subsection 11(8A) currently provides that the Federal Circuit Court Rules may make provision in relation to service of documents. See item 17 for the definition of the 'Federal Circuit and Family Court of Australia (Division 2) Rules'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and applicable Rules for that Court and does not substantively alter the operation of subsection 11(8A).

Item 34 - Subsection 11(9)

625. Item 34 updates the reference to the 'Federal Circuit Court Rules' to be 'Federal Circuit and Family Court of Australia (Division 2) Rules' in subsection 11(9). Subsection 11(9) currently provides that substantial, rather than strict, compliance with the Federal Court Rules or the Federal Circuit Court Rules is sufficient for the purposes of section 11. See item 17 for the definition of the 'Federal Circuit and Family Court of Australia (Division 2) Rules'. The amendment appropriately reflects what will be the applicable Rules of the FCFC (Division 2) and does not substantively alter the operation of subsection 11(9).

Items 35 - Subsection 12(1)

626. Item 35 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 12(1). Subsection 12(1) currently provides that an interested person may apply to either the Federal Court or the Federal Circuit Court to be made a party to the application. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 12(1).

Item 36 - Section 13

627. Item 36 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in section 13. Section 13 currently provides that a person aggrieved by a decision to which the Act applies may request the decision-maker to provide reasons for the decision. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of section 13.

Item 37 - Subsections 13A(4) and 14(4)

628. Item 37 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsections 13A(4) and 14(4). Section 13A currently deals with certain information that is not required to be disclosed. Section 14 provides for certification by the Attorney-General concerning the disclosure of information. Subsections 13A(4) and 14(4) provide that the Federal Court or the Federal Circuit Court retain power to make an order for the discovery of documents or to require the giving of evidence or the production of documents to the Court. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subsections 13A(4) and 14(4).

Item 38 - Section 15A (heading)

629. Item 38 repeals the heading of section 15A and replaces it with '15A Stay of proceedings - Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 39 - Subsection 15A(1)

630. Item 39 updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 15A(1). Subsection 15A(1) currently provides for the Federal Circuit Court to, by order, suspend the operation of a decision and stay all or any of the proceedings under review in the Court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 15A(1).

Items 40 and 41 - Paragraphs 15A(1)(a) and (b) and subsection 15A(2)

631. Items 40 and 41 update references to the 'Federal Circuit Court of Australia or a Judge' to be 'Federal Circuit and Family Court of Australia (Division 2) or a Judge of that Court' in paragraphs 15A(1)(a) and (b), and subsection 15A(2). Paragraphs 15(1)(a) and (b) currently provide for the Federal Circuit Court to, by order, suspend the operation of a decision and stay all or any of the proceedings under review in the Federal Circuit Court. Subsection 15A(2) provides for the Federal Circuit Court to make such an order on the initiative of the Federal Circuit Court or on application. The use of 'that court' refers to the FCFC (Division 2) and saves repeating the name again in full. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of paragraphs 15A(1)(a) and (b), and subsection 15A(2).

Item 42 - Subsection 15A(3)

632. Item 42 repeals subsection 15A(3). Subsection 15A(3) currently defines the expression 'the Federal Circuit Court of Australia or a Judge' for the purposes of section 15A by reference to the definition in the Federal Circuit Court Act . An equivalent of this section is no longer required as paragraphs 15A(1)(a) and (b) and subsection 15A(2) will now refer to the 'Federal Circuit and Family Court of Australia (Division 2) or a Judge of that Court', making it clear that a Judge authorised to make these orders will be a Judge of the FCFC (Division 2).

Item 43 - Section 16 (heading)

633. Item 43 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the heading to section 16. The heading now reads 'Powers of the Federal Court and the FCFC (Division 2) in respect of applications for order of review'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 44 - Section 16

634. Item 44 updates references to the 'Federal Circuit Court' to be the 'Federal Circuit and Family Court of Australia (Division 2)' in section 16. Section 16 currently deals with the powers of the Federal Court and the Federal Circuit Court in respect of applications for order of review. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of section 16.

Item 45 - Paragraph 17(a)

635. Item 45 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in paragraph 17(a). Section 17 currently deals with the situation where a person has made a decision in performing duties of an office but is no longer performing those duties. Paragraph 17(a) deals with where a person has, in the performance of the duties of an office, made a decision in respect of which an application may be made to the Federal Court or the Federal Circuit Court under the Act. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does substantively not alter the operation of paragraph 17(a).

Item 46 - Subsection 18(1)

636. Item 46 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 18(1). Subsection 18(1) currently provides for the Attorney-General, on behalf of the Commonwealth, to intervene in a proceeding before the Federal Court or the Federal Circuit Court under the Act. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 18(1).

Item 47 - Section 18A (heading)

637. Item 47 updates reference to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in the heading to section 18A. The heading now reads 'Transfer of proceedings to Federal Circuit and Family Court of Australia (Division 1)'. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1).

Items 48 to 50 - Subsections 18A(1), (2) and (3), paragraphs 18A(3)(a), (b), (c), (d) and (e), and subparagraph 18A(3)(f)(i)

638. Items 48 to 50 update references to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in subsections 18A(1), (2) and (3). Section 18A currently deals with transfer of proceedings to the Family Court from the Federal Court. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and do not alter the operation of subsections 18A(1), (2) and (3), paragraphs 18A(3)(a), (b), (c), (d) and (e), and subparagraph 18A(3)(f)(i).

Item 51 - Subparagraphs 18A(3)(f)(ii) and (iii)

639. Item 51 updates references to 'Family Court Judge' to be 'Judge of the Federal Circuit and Family Court of Australia (Division 1)' in subparagraphs 18A(3)(f)(ii) and (iii). Subparagraphs 18A(3)(f)(ii) and (iii) currently provide that a reference to a 'Judge of the Federal Court' includes a reference to a Family Court Judge and a reference to 'the Court or a Judge' when used in relation to the Federal Court includes a reference to a Family Court Judge sitting in Chambers. The amendments appropriately reflect the continuation of Judges of the Family Court as Judges of the FCFC (Division 1).

Items 52 and 53 - Subparagraph 18A(3)(f)(iv) and subsections 18A(4) and (5)

640. Items 52 and 53 update references to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in subparagraph 18A(3)(f)(iv) and subsections 18A(4) and (5). Subparagraph 18A(3)(f)(iv) currently provides for a reference to a Registrar of the Federal Court to include a reference to a Registrar of the Family Court. Subsection 18A(4) currently provides for the Family Court to give directions and make orders to resolve difficulties arising in the granting of remedies, making orders and issuing writs. Subsection 18A(5) provides that parties cannot appeal a Federal Court decision to transfer a proceeding under the Act to the Family Court. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and do not substantively alter the operation of subparagraph 18A(3)(f)(iv) and subsections 18A(4) and (5).

Item 54 - Subsection 19(1)

641. Item 54 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 19(1). Subsection 19(1) currently provides that regulations may declare that a class or classes of decisions not be subject to judicial review by the Federal Court or the Federal Circuit Court under the Act. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 19(1).

Item 55 - Paragraph (zd) of Schedule 1

642. Item 55 repeals paragraph (zd) of Schedule 1. Schedule 1 lists classes of decisions that are not decisions to which this Act applies. Paragraph (zd) currently provides for certain decisions made under the Family Law Act. These decisions are being repealed because the equivalent decisions that will be made under the FCFC Bill are included in the new paragraph (zf) of Schedule 1. The amendment appropriately reflects the structural changes of the courts and, in combination with item 56, does not affect the intent of Schedule 1.

Item 56 - Paragraph (zf) of Schedule 1

643. Item 56 repeals the paragraph and substitutes a new paragraph (zf). Schedule 1 lists classes of decisions that are not decisions to which this Act applies. Paragraph (zf) currently provides for certain decisions made by the Chief Judge of the Federal Circuit Court under the Federal Circuit Court Act. These decisions are being repealed and the equivalent decisions that will be made under the FCFC Bill are being included in the new paragraph (zf). The amendment appropriately reflects the structural changes of the courts and, in combination with item 55, does not affect the intent of Schedule 1.

Admiralty Act 1988

Item 57 - Subsection 3(1) (definition of Federal Circuit Court )

644. Item 57 repeals the definition of 'Federal Circuit Court' in subsection 3(1) of the Admiralty Act 1988. Subsection 3(1) provides definitions to assist in interpreting the Act. The definition is no longer required as the Federal Circuit Court will be continued as the FCFC (Division 2). Where references in the Act are made to the FCFC (Division 2), the reference is provided in full.

Item 58 - Subsections 9(1) and 27(1)

645. Item 58 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsections 9(1) and 27(1). Subsection 9(1) confers jurisdiction on the Federal Court, the Federal Circuit Court and on the Courts of the Territories, and invests federal jurisdiction in the Courts of the States, for in personam actions on a maritime claim or on a claim for damage done to a ship. Subsection 27(1) currently provides for a transfer of proceedings between courts with jurisdiction to hear admiralty actions in rem. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subsections 9(1) and 27(1).

Item 59 - Paragraph 28(1)(aa)

646. Item 59 repeals paragraph 28(1)(aa) and replaces it with new paragraph (aa), which refers to 'the Federal Circuit and Family Court of Australia (Division 2)'. Section 28 deals with remittal of action in rem proceedings. Paragraph 28(1)(aa) currently provides that where an action in rem has already commenced in the Federal Court or in the Supreme Court of a State, the Court may remit the proceeding for hearing to the Federal Circuit Court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of paragraph 28(1)(aa).

Item 60 - Subsection 28(7)

647. Item 60 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 28(7). Section 28 deals with remittal of action in rem proceedings. Subsection 28(7) currently provides that the second court is invested with federal jurisdiction, or jurisdiction is conferred on the second court if the second court is the Federal Circuit Court or a court of a Territory, to hear the matter. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 28(7).

Item 61 - Subsection 41(4)

648. Item 61 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 41(4). Section 41 provides for the Governor-General to make Rules for courts exercising jurisdiction under the Act. Subsection 41(1) currently confers jurisdiction on the Federal Court, the Federal Circuit Court and on the Courts of the Territories, and the Courts of the States are invested with federal jurisdiction, in respect of matters arising under the Rules made under the Act. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 41(4).

Aged Care Act 1997

Item 62 - Paragraph 95C-1(3)(b)

649. Item 62 repeals paragraph 95C-1(3)(b) in the Aged Care Act 1997 and replaces it with new paragraph (b), which refers to 'the Federal Circuit and Family Court of Australia (Division 2)'. Paragraph 95C-1(3)(b) currently gives jurisdiction to the Federal Circuit Court to enforce civil penalty provisions of the Act. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 95C-1(3).

Age Discrimination Act 2004

Item 63 - Schedule 1 (table item 26)

650. Item 63 repeals table item 26 in Schedule 1 of the Age Discrimination Act 2004 and replaces it with 'Federal Circuit and Family Court of Australia Act 2019'. Schedule 1 provides a list of legislation for which an exemption is provided by section 39(1). Section 39(1) provides that Part 4 of the Act does not make unlawful anything done in direct compliance with the Acts listed in Schedule 1. The amendment updates the legislative reference to replace the reference to the Federal Circuit Court of Australia Act 1999 to reflect the change in law and does not affect the intent of Schedule 1.

A New Tax System (Family Assistance) (Administration) Act 1999

Item 64 - Subsection 102D(1) (note)

651. Item 64 updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the note to subsection 102D(1) of the A New Tax System (Family Assistance) (Administration) Act 1999. The note to subsection 102D(1) currently refers to Subdivision E as it deals with appeals to the Federal Court or the Federal Circuit Court against the making of departure prohibition orders. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the effect of the note to subsection 102D(1).

Item 65 - Subsection 102N(1)

652. Item 65 updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 102N(1). Subsection 102N(1) currently deals with appeals to the Federal Court or the Federal Circuit Court against the making of a departure prohibition order. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 102N(1).

Item 66 - Subparagraph 219UA(4)(c)(i)

653. Item 66 repeals subparagraph 219UA(4)(c)(i) and replaces it with new subparagraph (i), which refers to 'a Judge of the Federal Circuit and Family Court of Australia (Division 2)'. Subparagraph 219UA(4)(c)(i) currently provides that a Judge of the Federal Circuit Court is an issuing officer for the purposes of Part 2 of the Regulatory Powers (Standard Provisions) Act 2014. The amendment appropriately reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2).

Item 67 - Subparagraph 219UA(4)(e)(ii)

654. Item 67 repeals subparagraph 219UA(4)(e)(ii) and replaces it with new subparagraph (ii), which refers to 'the Federal Circuit and Family Court of Australia (Division 2)'. Subparagraph 219UA(4)(e)(ii) currently provides that the Federal Circuit Court is a relevant court for the purposes of Part 2 of the Regulatory Powers (Standard Provisions) Act 2014. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of paragraph 219UA(4)(e).

Item 68 - Paragraph 219VA(3)(b)

655. Item 68 repeals paragraph 219VA(3)(b) and replaces it with new paragraph (b), which refers to 'the Federal Circuit and Family Court of Australia (Division 2)'. Paragraph 219VA(3)(b) currently provides for the Federal Circuit Court to be a relevant court for the purposes enforcing civil penalty provisions of the Act under Part 4 of the Regulatory Powers (Standard Provisions) Act 2014. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 219VA(3).

Item 69 - Subsection 219VB(5)

656. Item 69 updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 219VB(5). Subsection 219VB(5) currently provides that the Secretary may apply to the Federal Court or the Federal Circuit Court to order that a person comply with a requirement to give all reasonable assistance in connection with an application for a civil penalty order. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 219VB(5).

Antarctic Treaty (Environment Protection) Act 1980

Item 70 - Subsection 3(1) (paragraph (b) of the definition of Court )

657. Item 70 repeals paragraph (b) of the definition of 'Court' in subsection 3(1) of the Antarctic Treaty (Environment Protection) Act 1980 and replaces it with new paragraph (b), which refers to 'the Federal Circuit and Family Court of Australia (Division 2)'. Currently, paragraph (b) of the definition of Court defines 'Court' as being 'the Federal Circuit Court of Australia'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the meaning of 'Court' in subsection 3(1).

Archives Act 1983

Item 71 - Subsections 53(6) and (7) and 55A(4) and (5)

658. Item 71 updates references to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsections 53(6) and (7) and 55A(4) and (5) of the Archives Act 1983. Section 53 deals with the production of exempt records. Section 55A deals with the automatic stay of certain decisions on appeal. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subsections 53(6) and (7) and 55A(4) and (5).

Australian Charities and Not-for-profits Commission Act 2012

Item 72 - Section 300-5 (definition of issuing officer )

659. Item 72 updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in section 300-5 of the Australian Charities and Not-for-profits Commission Act 2012. Currently, 'issuing officer' is defined as 'a magistrate or a Judge of the Federal Circuit Court of Australia. The amendment appropriately reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not substantively alter the meaning of 'issuing officer' in section 300-5.

Australian Crime Commission Act 2002

Item 73 - Subsection 4(1) (definition of Federal Circuit Court )

660. Item 73 repeals the definition of 'Federal Circuit Court' in subsection 4(1) of the Australian Crime Commission Act 2002. Subsection 4(1) provides definitions to assist in interpreting the Act. The definition is no longer required as the Federal Circuit Court will be continued as the FCFC (Division 2). Where references in the Act are made to the FCFC (Division 2), the reference is provided in full.

Item 74 - Subsection 4(1) (paragraph (aa) of the definition of issuing officer )

661. Item 74 updates the reference to the 'Federal Circuit Court' to be the 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 4(1). Paragraph (aa) of the definition of 'issuing officer' in subsection 4(1) currently provides that it means 'a Judge of the Federal Circuit Court'. The amendment appropriately reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not substantively alter the meaning of 'issuing officer' in subsection 4(1).

Item 75 - Paragraph 25E(2)(b)

662. Item 75 updates the reference to the 'Family Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 1)' in paragraph 25E(2)(b). Paragraph 25E(2)(b) currently excludes the Family Court from ordering that material may be disclosed. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of paragraph 25E(2)(b).

Item 76 - Subsection 27(2A)

663. Item 76 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 27(2A). Subsection 27(2A) currently permits applicants or potential applicants to the Federal Circuit Court to apply to the Attorney-General requesting assistance in respect of the application. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subsection 27(2A).

Item 77 - Paragraph 55A(1)(c)

664. Item 77 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in paragraph 55A(1)(c). Paragraph 55A(1)(c) currently provides a Judge of the Federal Court or a Judge of the Federal Circuit Court with legislative consent as to the conferral of certain duties, functions and powers under State laws. The amendment appropriately reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not substantively alter the operation of paragraph 55A(1)(c).

Item 78 - Subsection 55A(5B) (heading)

665. Item 78 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the heading to subsection 55A(5B). The heading now reads 'Judge of the Federal Court or Judge of the Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 79- Subsections 55A(5B) and (5C)

666. Item 79 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsections 55A(5B) and (5C). Section 55A deals with the operation of State laws. Subsections 55A(5B) and (5C) currently provide for the duty, function or power that may be conferred on a Judge of the Federal Court or a Judge of the Federal Circuit Court by a law of a State. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subsections 55A(5B) and (5C).

Item 80 - Paragraphs 55A(8)(c) and (9)(c)

667. Item 80 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in paragraphs 55A(8)(c) and (9)(c). Subsections 55A(8) and (9) provide for concurrent operation of State laws. Paragraph 55A(8)(c) currently provides that the Act does not intend to exclude or limit the operation of a State law that confers any duties, functions or powers on a Judge of the Federal Court or a Judge of the Federal Circuit Court. Paragraph 55A(9)(c) provides that the Act is not intended to prevent a Judge of the Federal Court or a Judge of the Federal Circuit Court from having concurrent duties, functions or powers under a law of a State. The amendments appropriately reflect the continuation of the Judges of the Federal Circuit Court as Judges of the FCFC (Division 2).

Item 81 - Subsection 55A(13)

668. Item 81 inserts a definition of 'Judge of the Federal Circuit and Family Court of Australia (Division 2)' into subsection 55A(13). Subsection 55A(13) provides definitions for the purposes of section 55A. The new definition provides that 'Judge of the Federal Circuit and Family Court of Australia (Division 2) means a Judge of the Federal Circuit and Family Court of Australia (Division 2) in a personal capacity and not as a court or a member of a court'. The amendment appropriately reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2). Item 82 repeals the definition of 'Judge of the Federal Circuit Court'.

Item 82 - Subsection 55A(13) (definition of Judge of the Federal Circuit Court )

669. Item 82 repeals the definition of 'Judge of the Federal Circuit Court' in subsection 55A(13). Subsection 55A(13) provides definitions for the purposes of section 55A. The definition currently provides that 'Judge of the Federal Circuit Court means a Judge of the Federal Circuit Court in a personal capacity and not as a court or a member of a court'. The definition is no longer required as Judges of the Federal Circuit Court will continue as Judges of the 'Federal Circuit and Family Court of Australia (Division 2)'. Item 81 inserts a definition of 'Judge of the Federal Circuit and Family Court of Australia (Division 2)'.

Item 83 - Subsection 55C(2)

670. Item 83 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 55C(2). Subsection 55C(2) currently provides that neither the Act or any other law of the Commonwealth imposes an obligation on a Judge of the Federal Court or a Judge of the Federal Circuit Court to perform duties relating to a relevant criminal activity if it is not a federal criminal activity or the imposition of the obligation is in contravention of a constitutional doctrine. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 55C(2).

Item 84 - Subsection 55C(3)

671. Item 84 inserts a new definition of 'Judge of the Federal Circuit and Family Court of Australia (Division 2)' in subsection 55C(3). Subsection 55C(3) provides definitions for the purposes of section 55C. The new definition provides that 'Judge of the Federal Circuit and Family Court of Australia (Division 2) means a Judge of the FCFC (Division 2) in a personal capacity and not as a court or member of a court'. The amendment appropriately reflects the continuation of Judges of the Federal Circuit Court as the Judges of FCFC (Division 2). Item 85 repeals the definition of 'Judge of the Federal Circuit Court'.

Item 85 - Subsection 55C(3) (definition of Judge of the Federal Circuit Court )

672. Item 85 repeals the definition of 'Judge of the Federal Circuit Court' in subsection 55C(3). Subsection 55C(3) provides definitions for the purposes of section 55C. The definition currently provides that 'Judge of the Federal Circuit Court means a Judge of the Federal Circuit Court in a personal capacity and not as a court or a member of a court'. The definition is no longer required as Judges of the Federal Circuit Court will continue as Judges of the 'Federal Circuit and Family Court of Australia (Division 2)'. Item 84 inserts a definition of 'Judge of the Federal Circuit and Family Court of Australia (Division 2)'.

Item 86 - Section 57

673. Item 86 updates the reference to the first occurring 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in section 57. Section 57 applies section 11 of the Administrative Decisions (Judicial Review) Act 1977 as if subsections 11(1) to (5) of that Act were replaced with the text provided in section 57 of the Australian Crime Commission Act 2002. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of section 57.

Item 87 - Section 57

674. Item 87 updates the reference to 'Federal Circuit Court-Federal Circuit Court Rules' to be 'Federal Circuit and Family Court of Australia (Division 2) -Federal Circuit and Family Court of Australia (Division 2) Rules' in section 57. Section 57 applies section 11 of the Administrative Decisions (Judicial Review) Act 1977 as if subsections 11(1) to (5) of that Act were replaced with the text provided in section 57 of the Australian Crime Commission Act 2002. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and the applicable Rules for that Court.

Item 88 - Subparagraph 61(2)(g)(ii)

675. Item 88 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subparagraph 61(2)(g)(ii). Subparagraph 61(2)(g)(ii) currently provides that the annual report by the Chair of the Board shall include particulars of the number and results of applications made to the Federal Court or the Federal Circuit Court under the Administrative Decisions (Judicial Review) Act 1977 for orders of review in respect of matters arising under the Act. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subparagraph 61(2)(g)(ii).

Item 89 - Schedule 1

676. Item 89 updates the reference to the 'Federal Circuit Court of Australia Act 1999, Part 6A' to be 'Federal Circuit and Family Court of Australia Act 2019, Part 7 of Chapter 4' in Schedule 1. Schedule 1 lists prescribed provisions for the purpose of section 20. This amendment updates the legislative reference to reflect the change in law and does not affect the intent of Schedule 1.

Australian Energy Market Act 2004

Item 90 - Subsection 11(1) (definition of magistrate )

677. Item 90 updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 11(1) of the Australian Energy Market Act 2004. Section 11 exists to assist with the interpretation of some expressions in the National Electricity (Commonwealth) Law and Regulations. Subsection 11(1) currently defines 'magistrate' to mean 'a Judge of the Federal Circuit Court of Australia'. The amendment appropriately reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not substantively alter the meaning of 'magistrate' in subsection 11(1).

Item 91 - Subsection 11H(1) (definition of magistrate )

678. Item 91 updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 11H(1). Section 11H exists to assist with interpretation of some expressions in the National Gas (Commonwealth) Law and Regulations. Subsection 11H(1) currently defines 'magistrate' to mean 'a Judge of the Federal Circuit Court of Australia'. The amendment appropriately reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not substantively alter the meaning of 'magistrate' in subsection 11H(1).

Australian Human Rights Commission Act 1986

Item 92 - Subsection 3(1) (definition of Federal Circuit Court )

679. Item 92 repeals the definition of 'Federal Circuit Court' in subsection 3(1) of the Australian Human Rights Commission Act 1986. Subsection 3 provides definitions for the purposes of the Act. The definition currently provides that 'Federal Circuit Court means the Federal Circuit Court of Australia'. The definition is no longer required as the Federal Circuit Court will be continued as the FCFC (Division 2). Where references in the Act are made to the FCFC (Division 2), the reference is provided in full.

Items 93 and 94 - Paragraph 46PH(1)(h) and subsections 46PH(1C), (2A) and (4)

680. Items 93 and 94 update references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in paragraph 46PH(1)(h) and subsections 46PH (1C), (2A) and (4). Section 46PH enables the President of the AHRC to terminate a complaint. Paragraph 46PH(1)(h) currently provides that the President may terminate a complaint if satisfied that the subject matter of the complaint involves an issue of public importance that should be considered by the Federal Court or the Federal Circuit Court. Subsection 46PH(1C) provides that the President must terminate a complaint if satisfied that there would be no reasonable prospect that the Federal Court or the Federal Circuit Court would find unlawful discrimination. If the President terminates a complaint, subsection 46PH(2A) provides that a notice notifying the complainants must explain that the Federal Court and the Federal Circuit Court can award costs in proceedings. Subsection 46PH(4) provides that the President may revoke the termination of a complaint but not after an application is made to the Federal Court or the Federal Circuit Court. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of paragraph 46PH(1)(h), and subsections 46PH(1C), (2A) and (4).

Item 95 - Division 2 of Part IIB (heading)

681. Item 95 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the heading to Division 2 of Part IIB. The heading now reads 'Proceedings in the Federal Court and the Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 96 - Subsection 46PO(1)

682. Item 96 updates the reference to the 'Federal Circuit Court' to be the 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 46PO(1). Subsection 46PO(1) currently provides that if a complaint is terminated by the President, an affected person may make an application to the Federal Court or the Federal Circuit Court in relation to the complaint alleging unlawful discrimination. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 46PO(1).

Item 97 - Subsection 46PO(4) (note 2)

683. Item 97 repeals note 2 to subsection 46PO(4) and replaces it with the words provided. Note 2 currently refers to the Federal Circuit Court's ability to award costs in proceedings under section 79 of the Federal Circuit Court Act. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and updates the legislative reference to reflect the change in law. This item does not affect the intent of note 2 to subsection 46PO(4).

Item 98 - Subsection 46PP(1)

684. Item 98 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 46PP(1). Subsection 46PP(1) currently provides the Federal Court and the Federal Circuit Court with the power, at any time after a complaint is lodged with the AHRC, to grant an interim injunction to maintain the status quo or to maintain the rights or any complainant, respondent or affected person. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 46PP(1).

Item 99 - Section 46PR

685. Item 99 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)'. Section 46PR provides that the Federal Court and the Federal Circuit Court are not bound by technicalities in proceedings under Division 2 of Part IIB of the Act. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of section 46PR.

Item 100 - Subsection 46PS(1)

686. Item 100 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 46PS(1). Subsection 46PS(1) currently provides that the President may provide the Federal Court or the Federal Circuit Court with a written report on a complaint that has been terminated. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 46PS(1).

Item 101 - Section 46PSA (note 2)

687. Item 101 repeals note 2 to section 46PSA and replaces it with the words provided. Note 2 currently refers to the Federal Circuit Court's ability to award costs in proceedings under section 79 of the Federal Circuit Court Act. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2). It updates the legislative reference to reflect the change in law and does not affect the intent of note 2 to section 46PSA.

Items 102 and 103 - Paragraphs 46PU(1)(a) and (b), and subsection 46PV(1)

688. Items 102 and 103 update references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsections 46PU(1) and 46PV(1). Section 46PU currently provides that a person may make an application to the Attorney-General for the provision of assistance in respect of proceedings in the Federal Court or the Federal Circuit Court under Division 2 of Part IIB of the Act. Paragraph 46PU(1)(a) provides that a person who has commenced or proposes to commence proceedings in the Federal Court or the Federal Circuit Court under Division 2 of Part IIB of the Act may apply for assistance. Paragraph 46PU(1)(b) currently provides that a respondent may apply for assistance. Subsection 46PV(1) currently provides that a special-purpose Commissioner may be amicus curiae to assist the Federal Court and the Federal Circuit Court in certain proceedings. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of paragraphs 46PU(1)(a) and (b), and subsection 46PV(1).

Item 104 - Section 49B (heading)

689. Item 104 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the heading to section 49B. The heading now reads 'Jurisdiction of Federal Court and Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 105 - Section 49B

690. Item 105 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in section 49B. Section 49B currently provides for the Federal Court and the Federal Circuit Court to have concurrent jurisdiction with respect to civil matters arising under Part IIB or IIC of the Act. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of section 49B.

Item 106 - Subsection 49C(2)

691. Item 106 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 49C(2). Section 49C provides for Commonwealth compensation for acquisition of property from a person otherwise than on just terms. Subsection 49C(2) currently provides that the Federal Court and the Federal Circuit Court have concurrent jurisdiction to deal with these matters. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 49C(2).

Australian Jobs Act 2013

Item 107 - Section 5 (paragraph (b) of the definition of prescribed court )

692. Item 107 repeals paragraph (b) of the definition of 'prescribed court' and replaces it with new paragraph (b), which refers to 'the Federal Circuit and Family Court of Australia (Division 2)' in section 5 of the Australian Jobs Act 2013. Section 5 provides definitions to assist in interpreting the Act. Paragraph (b) of the definition of 'prescribed court' currently provides for the Federal Circuit Court to be a prescribed court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the meaning of 'prescribed court' in section 5.

Australian Passports Act 2005

Item 108 - Subsection 6(2)

693. Item 108 updates the reference to the 'Family Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 1)' in subsection 6(2) of the Australian Passports Act 2005. Subsection 6(2) currently provides that for the purposes of the Act, if an overseas child order within the meaning of the Family Law Act is registered, the order has the same force and effect as if it were an order of the Family Court of Australia made in accordance with that Act. The amendment appropriately reflects the continuation of the Family Court of Australia as the FCFC (Division 1) and does not substantively alter the operation of subsection 6(2).

Australian Securities and Investments Commission Act 2001

Item 109 - Subsection 12BA(1) (definition of Family Court Judge )

694. Item 109 repeals the definition of a Family Court Judge. Subsection 12BA(1) provides definitions that apply in Division 2 of Part 2 of the Australian Securities and Investments Commission Act 2001. The definition of Family Court Judge is no longer appropriate, and the references to a Family Court Judge are replaced by item 115 with references to a Judge of the FCFC (Division 1) to reflect the continuation of the Judges of the Family Court as Judges of the FCFC (Division 1).

Item 110 - Section 12GL (heading)

695. Item 110 updates the reference to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in the heading to section 12GL. The heading now reads 'Transfer of certain proceedings to Federal Circuit and Family Court of Australia (Division 1)'. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1).

Items 111 to 114 - Subsections 12GL(1) and (3), Paragraphs 12GL(3)(a), (b), (c), (d) and (e), and Subparagraph 12GL(3)(f)(i)

696. Items 111 to 114 update the references to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in subsections 12GL(1) and (3), paragraphs 12GL(3)(a), (b), (c), (d), (e), and subparagraph 12GL(3)(f)(i). Section 12GL provides for proceedings that are on foot in the Federal Court to be transferred to the Family Court. The amendments appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and do not substantively alter the operation of section 12GL.

Item 115 - Subparagraphs 12GL(3)(f)(ii) and (iii)

697. Item 115 updates the reference to 'Family Court Judge' to be a 'Judge of the Federal Circuit and Family Court of Australia (Division 1)' in subparagraphs 12GL(3)(f)(ii) and (iii). Subparagraph 12GL(f)(ii) currently provides that, for the purposes of paragraph (f), a reference to a Judge of the Federal Court includes a reference to a Family Court Judge. Subparagraph 12GL(f) (iii) provides that a reference to the expression 'the Court or a Judge' when used in relation to the Federal Court includes a reference to a Family Court Judge sitting in Chambers. The amendments appropriately reflect the continuation of Judges of the Family Court as Judges of the FCFC (Division 1) and do not substantively alter the operation of subparagraphs 12GL(3)(f)(ii) and (iii).

Items 116 and 117 - Subparagraph 12GL(3)(f)(iv) and Subsections 12GL(4) and (5)

698. Items 116 and 117 update the references to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in subparagraph 12GL(3)(f)(iv) and subsections 12GL(4) and (5). Section 12GL provides for proceedings that are on foot in the Federal Court to be transferred to the Family Court. The amendments appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and do not substantively alter the operation of section 12GL.

Australian Security Intelligence Organisation Act 1979

Item 118 - Section 34A (paragraph (c) of the definition of superior court )

699. Item 118 repeals paragraph (c) of the definition of 'superior court' and replaces it with new paragraph (c), which refers to 'the Federal Circuit and Family Court of Australia (Division 1)' in section 34A of the Australian Security Intelligence Organisation Act 1979. Section 34A provides definitions to assist in interpreting Division 3 of Part III of the Act. Paragraph (c) of the definition of 'superior court' currently provides that the Family Court of Australia or of a State is a superior court. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and, combined with item 119, does not affect the meaning of 'superior court' in section 34A.

Item 119 - Section 34A (after paragraph (d) of the definition of superior court )

700. Item 119 inserts new paragraph (da) in the definition of 'superior court' in section 34A. Section 34A provides definitions to assist in interpreting Division 3 of Part III of the Act. New paragraph (da) reads '(da) a State Family Court (being a court to which section 41 of the Family Law Act applies)'. The amendment clarifies that a State Family Court is one established under section 41 of the Family Law Act. The amendment does not substantively affect the meaning of 'superior court' in section 34A.

Australian Sports Anti-Doping Authority Act 2006

Item 120 - Paragraph 72(3)(b)

701. Item 120 repeals paragraph 72(3)(b) of the Australian Sports Anti-Doping Authority Act 2006 and replaces it with new paragraph (b), which refers to 'the Federal Circuit and Family Court of Australia (Division 2)'. Paragraph 72(3)(b) was inserted by Schedule 2 to the Regulatory Powers (Standardisation Reform) Act 2017, and currently lists the Federal Circuit Court as a relevant court in relation to the civil penalty provisions of the Australian Sports Anti-Doping Authority Act 2006. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of paragraph 72(3)(b).

Bankruptcy Act 1966

Item 121 - Subsection 5(1)

702. Item 121 repeals the definitions of 'Family Court Judge' and 'Federal Circuit Court' in subsection 5(1) of the Bankruptcy Act 1966. Subsection 5(1) provides definitions to assist in interpreting the Act. These definitions are no longer required as Family Court Judges will be continued as Judges of the FCFC (Division 1), and the Federal Circuit Court will be continued as the FCFC (Division 2). Where references in the Act are made to the Judges of the FCFC (Division 1) or to the FCFC (Division 2), the reference is provided in full.

Item 122 - Subsection 5(1) (paragraph (b) of the definition of Registrar )

703. Item 122 repeals paragraph (b) of the definition of 'Registrar' in subsection 5(1) and replaces it with new paragraph (b), which refers to 'a Registrar of the Federal Circuit and Family Court of Australia (Division 2)'. Subsection 5(1) provides for definitions to assist in interpreting the Act. Under the reforms, the Chief Executive Officer and Principal Registrar position of the Federal Circuit Court will be removed, but Registrars of the Federal Circuit Court will be retained. New paragraph (b) provides for this change and reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 123 - Subsection 5(1) (definition of the Family Court )

704. Item 123 repeals the definition of 'the Family Court' in subsection 5(1). Subsection 5(1) provides for definitions for the purposes of the Act. The definition is no longer required as the Family Court will be continued as the FCFC (Division 1). Where references in the Act are made to the FCFC (Division 1), the reference is provided in full.

Item 124 - Subsection 27(1)

705. Item 124 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 27(1). Subsection 27(1) currently provides for the Federal Court and the Federal Circuit Court to have concurrent jurisdiction in bankruptcy. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 27(1).

Item 125 - Paragraph 27(1)(b)

706. Item 125 updates the reference to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' of paragraph 27(1)(b). Paragraph 27(1)(b) currently provides that the Family Court has jurisdiction to hear bankruptcy matters under section 35 or 35A of the Act. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of paragraph 27(1)(b).

Item 126 - Section 35 (heading)

707. Item 126 updates the reference to the 'Family Court's jurisdiction' to be 'Jurisdiction of the Federal Circuit and Family Court of Australia (Division 1)' in the heading to section 35. The heading now reads 'Jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) in bankruptcy where trustee is a party to property settlement or spousal maintenance proceedings etc.' The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1).

Item 127 - Subsections 35(1) and (1A)

708. Item 127 updates references to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in subsections 35(1) and (1A). Subsections 35(1) and (1A) currently give the Family Court jurisdiction to hear bankruptcy matters in the listed circumstances. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and do not substantively alter the operation of subsections 35(1) and (1A).

Item 128 - Subsection 35(2)

709. Item 128 updates the reference to 'Family Court's jurisdiction' to be 'jurisdiction of the Federal Circuit and Family Court of Australia (Division 1)' in subsection 35(2). Subsection 35(2) currently provides that the Family Court's jurisdiction to hear bankruptcy matters under section 35A of the Act is not limited by subsections 35(1) and (1A). The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of subsection 35(2).

Item 129 - Section 35A (heading)

710. Item 129 updates the reference to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in the heading to section 35A. The heading now reads 'Transfer of proceedings to Federal Circuit and Family Court of Australia (Division 1)'. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1).

Item 130 - Subsection 35A(1)

711. Item 130 repeals subsection 35A(1) and replaces it with a new subsection. Section 35A currently provides for transfer of proceedings to the Family Court. The amendment provides that the Federal Court may transfer proceedings to the FCFC (Division 1) on the application of a party or of its own motion. The new subsection appropriately reflects the continuation of the Family Court as the FCFC (Division 1).

Item 131 - Subsection 35A(2)

712. Item 131 repeals subsection 35A(2). Section 35A(2) currently provides that where a proceeding is pending in the Federal Court at the commencement of the section shall not be transferred to the Family Court unless the parties to the proceeding consent to the transfer. The section commenced operation in 1988, and there should be no proceedings still pending in the Federal Court from that time. As such, the provision is no longer required.

Item 132 - Subsection 35A(2A)

713. Item 132 repeals subsection 35A(2A) and replaces it with a new subsection. Subsection 35A(2A) currently provides for the Federal Circuit Court to transfer a proceedings to the Family Court. The main change made by the new subsection is that it updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' and the reference to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and the Family Court as the FCFC (Division 1) and does not substantively alter the operation of subsection 35A(2A).

Item 133 - Subsection 35A(3)

714. Item 133 updates the first reference to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in subsection 35A(3). See item 134 for updates to following references to the Family Court. Subsection 35A(3) currently deals with the Family Court's jurisdiction and powers in relation to proceedings transferred to it. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of subsection 35A(3).

Item 134 - Paragraphs 35A(3)(a) to (e)

715. Item 134 updates references to the 'Family Court' to be 'the Court' (which means the FCFC (Division 1)) in paragraphs 35A(3)(a) to (e). See item 133 for further guidance on the initial reference to the FCFC (Division 1). Subsequent references have been shortened to 'the Court' to save repeating the full title of the Court. Subsection 35A(3) currently deals with the Family Court's jurisdiction and powers in relation to proceedings transferred to it. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and do not substantively alter the operation of paragraphs 35A(3)(a) to (e).

Item 135 - Subparagraph 35A(3)(f)(i)

716. Item 135 updates the reference to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in subparagraph 35A(3)(f)(i). Subparagraph 35A(3)(f)(i) currently provides that, for the purposes of paragraph (f), a reference to the Federal Court includes a reference to the Family Court. The name of the Court is provided in full to ensure there is no confusion with the Federal Court. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of subparagraph 35A(3)(f)(i).

Item 136 - Subparagraphs 35A(3)(f)(ii) and (iii)

717. Item 136 updates reference to 'Family Court Judge' to be 'Judge of the Federal Circuit and Family Court of Australia (Division 1)' in subparagraphs 35A(3)(f)(ii) and (iii). Subparagraph 35A(3)(f)(ii) currently provides that, for the purposes of paragraph (f), a reference to a Judge of the Federal Court includes a reference to a Family Court Judge. Subparagraph 35A(3)(f)(iii) provides that a reference to the expression 'the Court or a Judge' when used in relation to the Federal Court includes a reference to a Family Court Judge sitting in Chambers. The amendments appropriately reflect the continuation of Judges of the Family Court as Judges of the FCFC (Division 1) and do not substantively alter the operation of subparagraphs 35A(3)(f)(ii) and (iii).

Item 137 - Subparagraph 35A(3)(f)(iv)

718. Item 137 updates reference to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in subparagraph 35A(3)(f)(iv). Subparagraph 35A(3)(f)(iv) currently provides that a reference to a Registrar includes a reference to a Registrar of the Family Court. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of subparagraph 35A(3)(f)(iv).

Item 138 - Subsection 35A(3) (note)

719. Item 138 repeals the note to subsection 35A(3) and replaces it with a new note to subsection 35A(3). The note currently outlines the Rules of Court made under the Family Law Act apply in relation to proceedings transferred to the Family Court under section 35A. The new note provides that the Rules of Court that apply are those made under Chapter 3 of the FCFC Bill. The new note refers to the appropriate Rules of Court that will apply in the FCFC (Division 1) and does not affect the intent of the note to subsection 35A(3).

Item 139 - Subsection 35A(4)

720. Item 139 updates the reference to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in subsection 35A(4). Subsection 35A(4) currently provides for the Family Court to give directions and make orders to resolve difficulties. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of the subsection 35A(4).

Item 140 - Subsection 35A(5)

721. Item 140 repeals subsection 35A(5) and replaces it with a new subsection. Subsection 35A(5) currently provides that an appeal does not lie from a decision of the Federal Court or Federal Circuit Court to transfer a proceeding to the Family Court. The substitution updates reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' and reference to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)', appropriately reflecting the continuation of the Courts. This amendment will not substantively alter the operation of subsection 35A(5).

Item 141 - Subsection 35B(1)

722. Item 141 updates the reference to the 'Family Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 1)' in subsection 35B(1). The updated reference appropriately reflects the continuation of the Family Court as the FCFC (Division 1).

Item 142 - Paragraph 35B(2)(a)

723. Item 142 updates the reference to 'Family Court Judge' to be 'Judge of the Federal Circuit and Family Court of Australia (Division 1)' in paragraph 35B(2)(a). Paragraph 35B(2)(a) currently provides that references to 'a Family Court judge' in subparagraphs 35A(3)(f)(ii) or (iii) be read as reference to 'a judge of the Family Court of Western Australia'. The amendment appropriately reflects the continuation of Judges of the Family Court as Judges of the FCFC (Division 1) and does not substantively alter the operation of paragraph 35B(2)(a).

Item 143 - Paragraph 35B(2)(b)

724. Item 143 updates the reference to 'Registrar of the Family Court' to be 'Registrar of the Federal Circuit and Family Court of Australia (Division 1)' in paragraph 35B(2)(b). Paragraph 35B(2)(b) currently provides that references to 'a Registrar of the Family Court' in subparagraphs 35A(3)(f)(iv) be read as reference to 'a registrar of the Family Court of Western Australia'. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of paragraph 35B(2)(b).

Biosecurity Act 2015

Item 144 - Section 9 (definition of Federal Circuit Court )

725. Item 144 repeals the definition of 'Federal Circuit Court' in section 9 of the Biosecurity Act 2015. Section 9 provides for definitions to assist in interpreting the Act. The definition is no longer required as the Federal Circuit Court will be continued as the FCFC (Division 2). Where references in the Act are made to the FCFC (Division 2), the reference is provided in full.

Item 145 - Section 9 (paragraph (c) of the definition of issuing officer )

726. Item 145 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in section 9. Paragraph (c) of the definition of 'issuing officer' in section 9 currently provides that a Judge of the Federal Court or the Federal Circuit Court is an issuing officer. The amendment appropriately reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not substantively alter the meaning of 'issuing officer' in section 9.

Item 146 - Section 9 (paragraph (b) of the definition of relevant court )

727. Item 146 repeals paragraph (b) of the definition of 'relevant court' in section 9 and replaces it with new paragraph (b), which refers to 'the Federal Circuit and Family Court of Australia (Division 2)'. Paragraph (b) of the definition of 'relevant court' currently provides that the Federal Circuit Court is a relevant court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the meaning of 'relevant court' in section 9.

Item 147 - Section 486

728. Item 147 omits the first paragraph of section 486 and replaces it with a new paragraph. Section 486 provides a simplified outline of Part 3 of Chapter 9 of the Act. It explains who may issue a warrant to authorise entry to premises, taking possession of premises or a conveyance, how they may be issued and how to execute them in relation to an aircraft or vessel. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not alter the intent of section 486.

Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017

Item 148 - Subparagraph 41(7)(b)(ii) of Schedule 6

729. Item 148 repeals subparagraph 41(7)(b)(ii) of Schedule 6 of the Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017 and replaces it with new subparagraph (ii), which refers to 'the Federal Circuit and Family Court of Australia (Division 2)'. Subparagraph 41(7)(b)(ii) of Schedule 6 currently provides that the Federal Circuit Court is a court in which the Secretary, on behalf of the Commonwealth, may recover an amount payable by a company to the Commonwealth. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subparagraph 41(7)(b)(ii).

Broadcasting Services Act 1992

Item 149 - Subsection 6(1) (definition of Federal Circuit Court )

730. Item 149 repeals the definition of 'Federal Circuit Court' in subsection 6(1) of the Broadcasting Services Act 1992. Subsection 6(1) provides for definitions to assist in interpreting the Act. The definition is no longer required as the Federal Circuit Court will be continued as the FCFC (Division 2). Where references in the Act are made to the FCFC (Division 2), the reference is provided in full.

Item 150 - Paragraph 121FS(1)(b)

731. Item 150 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in paragraph 121FS(1)(b). Paragraph 121FS(1)(b) currently provides that a person who is entitled to make an application to the Federal Court or the Federal Circuit Court under section 5 of the Administrative Decisions (Judicial Review) Act 1977 in relation to a decision made under subsection 121FD(1) or 121FL(3) or (5), that person may request a written statement from the Minister for Foreign Affairs setting out the reasons for the decision. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of paragraph 121FS(1)(b).

Item 151 - Subparagraphs 205AD(b)(ii) and 205AF(5)(b)(ii)

732. Item 151 repeals subparagraphs 205AD(b)(ii) and 205AF(5)(b)(ii) and replaces them with new subparagraphs (ii), which refer to 'the Federal Circuit and Family Court of Australia (Division 2)'. Subparagraph 205AD(b)(ii) currently provides that the Australian Communications and Media Authority (ACMA), on behalf of the Commonwealth, may recover interim tax in the Federal Circuit Court. Subparagraph 205AF(5)(b)(ii) provides that the ACMA, on behalf of the Commonwealth, may recover a late payment penalty in the Federal Circuit Court. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subparagraphs 205AD(b)(ii) and 205AF(5)(b)(ii).

Budget Savings (Omnibus) Act 2016

Item 152 - Subitem 33(2) of Schedule 7

733. Item 152 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)'in subitem 33(2) of Schedule 7 of the Budget Savings (Omnibus) Act 2016. Schedule 7 provides for the abolishment of the National Health Performance Authority. Item 33 provides for Commonwealth compensation for acquisition of property from a person otherwise than on just terms. Subitem 33(2) currently provides that if the person and the Commonwealth do not agree on the amount of compensation, the person may institute proceedings in the Federal Court and the Federal Circuit Court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subitem 33(2) of Schedule 7.

Building and Construction Industry (Improving Productivity) Act 2016

Item 153 - Section 5 (definition of Federal Circuit Court )

734. Item 153 repeals the definition of 'Federal Circuit Court' in section 5 of the Building and Construction Industry (Improving Productivity) Act 2016. Section 5 provides definitions to assist in interpreting the Act. The definition is no longer required as the Federal Circuit Court will be continued as the FCFC (Division 2). Where references in the Act are made to the FCFC (Division 2), the reference is provided in full.

Item 154 - Section 5 (paragraph (b) of the definition of relevant court )

735. Item 154 repeals paragraph (b) of the definition of 'relevant court' in section 5 and replaces it with new paragraph (b), which refers to 'the Federal Circuit and Family Court of Australia (Division 2)'. Paragraph (b) of the definition of 'relevant court' currently provides that the Federal Circuit Court is a relevant court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the meaning of 'relevant court' in section 5.

Item 155 - Paragraphs 114(1)(e), (f) and (g)

736. Item 155 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 114(1). Subsection 114(1) outlines situations in which the jurisdiction of the Federal Court is to be exercised in the Fair Work Division of the Federal Court. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of paragraphs 114(1)(e), (f) and (g).

Building Energy Efficiency Disclosure Act 2010

Item 156 - Section 3 (paragraph (b) of the definition of Court )

737. Item 156 repeals paragraph (b) of the definition of 'Court' and replaces it with new paragraph (b), which refers to 'the Federal Circuit and Family Court of Australia (Division 2)' in section 3 of the Building Energy Efficiency Disclosure Act 2010. Paragraph (b) of the definition of 'Court' currently provides that the Federal Circuit Court is a Court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the meaning of 'Court' in section 3.

Item 157 - Paragraph 51(5)(b)

738. Item 157 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in paragraph 51(5)(b). Paragraph 51(5)(b) of the Building Energy Efficiency Disclosure Act 2010 currently provides that the Federal Circuit Court is a relevant court in relation to the civil penalty provisions of the Act. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of paragraph 51(5)(b).

Child Support (Assessment) Act 1989

Items 158 and 159 - Subsection 5(1), Subsection 5(1) (definition of related Federal Circuit Court Rules)

739. Items 158 amends subsection 5(1) of the Child Support (Assessment) Act 1989 by inserting new definitions of:

•

'Federal Circuit and Family Court of Australia'

•

'Federal Circuit and Family Court of Australia (Division 1) Rules'

•

'Full Court of the Federal Circuit and Family Court of Australia (Division 1)'

•

'related Federal Circuit and Family Court of Australia (Division 2) Rules'

740. Item 159 amends subsection 5(1) by repealing the definition of related Federal Circuit Court Rules.

741. Subsection 5(1) of the Act provides the definitions applicable for the interpretation of the Act. These amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1), the continuation of the Federal Circuit Court as the FCFC (Division 2 ), and the conferral of family law and child support jurisdiction upon the FCFC (Division 1).

Item 160 - Subsection 17(1)

742. Item 160 amends subsection 17(1) of the Act by omitting the first occurrence of 'Family Court' and substituting 'Federal Circuit and Family Court of Australia'. Subsection 17(1) provides that that a parent of an eligible child (or eligible carer thereof), may seek the assistance of the counselling facilities of the Family Court or a Family Court of a State. This amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) as well as the streamlined corporate management arrangements between the two divisions of the FCFC and does not otherwise alter the operation of the subsection.

Item 161 - Subsection 17(2)

743. Item 161 amends subsection 17(2) by repealing the subsection and substituting that an appropriate officer of the FCFC or the Family Court of the State must, as far as practicable, make the counselling facilities available. Subsection 17(2) currently provides that the Principal Director of Court Counselling of the Family Court or an appropriate officer of the Family of the Family Court of the State must, as far as practicable, make the counselling facilities available. This amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1), as well as the streamlined corporate management arrangements between the two divisions of the FCFC. The terminology of an 'appropriate officer' of the FCFC allows greater flexibility for the provision of appropriate counselling facilities.

Item 162 - Section 98X

744. Item 162 amends section 98X by repealing the section and substituting that 'Jurisdiction under this Act is conferred on the Federal Circuit and Family Court of Australia (Division 2) and certain State and Territory Courts'. Section 98X provides a simplified outline of Division 1 of Part 7 of the Act, which relates to the jurisdiction of courts review specified decisions. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

745. This item only refers to the FCFC (Division 2), the continuation of the Federal Circuit Court, and not the FCFC (Division 1), the continuation of the Family Court. This is to reflect the single point of entry for original family law and child support proceedings. As provided in clause 25 of the FCFC Bill, the FCFC (Division 1)'s original jurisdiction is limited in family law or child support matters to those transferred to or by it under clauses 51 or 149 of the FCFC Bill. The change in conferral of jurisdiction is to make the FCFC (Division 2) the effective single point of entry, as court-users would need to file family law or child support matters in the FCFC (Division 2) at first instance. More information is in the Explanatory Memorandum to the FCFC Bill.

Item 163 - Subsection 99(1)

746. Item 163 amends subsection 99(1) by omitting 'Family Court and the Federal Circuit Court of Australia' and substituting 'Federal Circuit and Family Court of Australia (Division 2)'. Subsection 99(1) provides that jurisdiction is conferred by the Act on the Family Court, the Federal Circuit Court, the Supreme Court of the Northern Territory (as specified in that section), and each Family Court of a State. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

747. This item only refers to the FCFC (Division 2), the continuation of the Federal Circuit Court, and not the FCFC (Division 1), the continuation of the Family Court. This is to reflect the single point of entry for original family law and child support proceedings. As provided in clause 25 of the FCFC Bill, the FCFC (Division 1)'s original jurisdiction is limited in family law or child support matters to those transferred to or by it under clauses 51 or 149 of the FCFC Bill. The change in conferral of jurisdiction is to make the FCFC (Division 2) the effective single point of entry, as court-users would need to file family law or child support matters in the FCFC (Division 2) at first instance. More information is in the Explanatory Memorandum to the FCFC Bill.

Item 164 - At the end of section 99

748. Item 164 adds a note at the end of section 99 directing readers to see clause 26 of the FCFC Bill and section 47A of the Family Law Act, in respect of appeals against proceedings under the Child Support (Assessment) Act 1988. Clause 26 of the FCFC Bill relates to appeals generally, including from courts of summary jurisdiction in relation to family law matters, in the FCFC (Division 1). This amendment appropriately directs readers to the appropriate appeals provisions in the FCFC Bill and Family Law Act, rather than replicating those provisions in the Child Support (Assessment) Act 1989.

Item 165 - subsection 100(1)

749. Item 165 amends subsection 100(1) by omitting the words '(other than Part X of that Act), the standard Rules of Court and the related Federal Circuit Court Rules', and substituting '(other than Division 4 of Part V of that Act), the standard Rules of Court, the Federal Circuit and Family Court of Australia (Division 1) Rules and the related Federal Circuit and Family Court of Australia (Division 2) Rules'. Subsection 100(1) provides that the Family Law Act and various Court Rules apply to proceedings under the Child Support (Assessment) Act 1988 as if the proceedings were proceedings under Part VII of the Family Law Act (Children). This amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1), the continuation of the Federal Circuit Court as the FCFC (Division 2 ), and the inclusion of appeal provisions relating to child support decisions in new Division 4 of Part V of the Family Law Act (see item 69 of Schedule 1 of this Bill).

Item 166 - Sections 101 to 105

750. Item 166 repeals sections 101 to 105 Child Support (Assessment) Act 1988 and substitutes new sections 101 and 102.

751. Current section 101 relates to the appellate jurisdiction of the Family Court under the Act. Section 102 relates to appeals to the Full Court of the Family Court from courts other than the Federal Circuit Court and the Magistrates Court of Western Australia. Section 102A relates to appeals to the Full Court of the Family Court from the Federal Circuit Court and the Magistrates Court of Western Australia. Section 103 relates to cases stated in relation to proceedings in which a decree in sections 102 and 102A -appeals to the Full Court of the Family Court - applies. Section 104 relates to appeals to the High Court and section 105 relates to appeals from courts of summary jurisdiction.

752. New section 101 confers jurisdiction on the Family Court of a State to hear and determine appeals from a court of summary jurisdiction of the State (subsection 101(1)) and on the Supreme Court of the Northern Territory to hear and determine appeals from a court of summary jurisdiction in the Northern Territory (subsection 101(2)). The jurisdiction conferred by new section 101 is currently conferred by subsection 105(4) (which is being repealed by this item).

753. New subsection 102(1) provides that appeals do not lie from a decree of a court exercising original jurisdiction under the Child Support (Assessment) Act 1988 to the High Court, and includes a note that similar procedures are set out in clauses 55 and 155 of the FCFC Bill which apply to the FCFC (Division 1) and the FCFC (Division 2). New subsection 102(2) provides that if subsection 102(1) is inconsistent with section 73 of the Constitution (which outlines the appellate jurisdiction of the High Court), subsection 102(1) will have effect as though the words ", except by special leave of the High Court" were added to the end of subsection 102(1). This provision is consistent with the approach taken to High Court appeals from judgments of the FCFC (Division 1) and the FCFC (Division 2) (clauses 55 and 155 of the FCFC Bill) and from decrees of state and territory courts exercising appellate jurisdiction (new section 47D of the Family Law Act at item 69 of Schedule 1 of this Bill). This ensures a consistent approach across all courts exercising family law and child support jurisdiction (that is, only to permit an appeal to the High Court with special leave if the provision would otherwise be unconstitutional).

754. The repeal of section 101 to 105 is considered appropriate given that the relevant appeal provisions are provided for (with the exception of that provided for by new section 101) in clause 26 of the FCFC Bil l, and section 47A of the Family Law Act (consistently with the note at item 164, above). It would be unnecessary to duplicate these provisions in the Child Support (Assessment) Act 1989.

Item 167 - Paragraph 144(a) and (b)

755. Item 167 repeals paragraphs 144(a) and 144(b) and inserts new paragraphs 144(a) and 144(b).

756. New paragraph 144(a) would provide that if a decision is not a decision of a Full Court of the FCFC (Division 1) and an application is not made for leave to appeal against the decision within the request period, the decision becomes final at the end of that period. This amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1), and the retention of the Family Court's appellate jurisdiction within the FCFC (Division 1).

757. New paragraph 144(b) provides that if a decision is a decision of a Full Court of the FCFC (Division 1) and an application for special leave to appeal to the High Court against the decision is not made within 30 days, the decision becomes final at the end of that period. This amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1), and the retention of the Family Court's appellate jurisdiction within the FCFC (Division 1).

Child Support (Registration and Collection) Act 1988

Items 168 to 174 - Subsection 4(1)

758. Items 168, 171 and 173 amend subsection 4(1) of the Child Support (Registration and Collection) Act 1988 by inserting new definitions of:

•

'Federal Circuit and Family Court of Australia'

•

'Federal Circuit and Family Court of Australia (Division 1) Rules'

•

'Full Court of the Federal Circuit and Family Court of Australia (Division 1)'

•

'Related Federal Circuit and Family Court of Australia (Division 2) Rules'.

759. Items 168, 170, 172 and 174 amend subsection 4(1) by repealing the definitions of 'Family Court', 'Family Law Magistrate of Western Australia', 'Full Court', 'Judge', and 'related Federal Circuit Court Rules'.

760. Subsection 4(1) of the Act provides the definitions applicable for the interpretation of the Act. These amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1), the continuation of the Federal Circuit Court as the FCFC (Division 2 ), and the retention of the Family Court's appellate jurisdiction within the FCFC (Division 1).

Item 175 - Subsection 72Q(1)

761. Item 175 amends subsection 72Q(1) of the Act by omitting 'Federal Circuit Court' and substituting 'Federal Circuit and Family Court of Australia (Division 2)'. Subsection 72Q(1) provides that a person aggrieved by the making of a departure prohibition order may appeal to the listed courts against the making of the order. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not alter the operation of the subsection.

Item 176 - Section 103ZC

762. Item 176 amends section 103ZC by repealing the section and substituting that 'Jurisdiction under this Act is conferred on the Federal Circuit and Family Court of Australia (Division 2) and certain State and Territory Courts'. Section 103ZC provides a simplified outline of Division 2 of Part VIII of the Act, which relates to the jurisdiction of courts to review certain decisions. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

763. This item only refers to the FCFC (Division 2), the continuation of the Federal Circuit Court, and not the FCFC (Division 1), the continuation of the Family Court. This is to reflect the FCFC (Division 1)'s original jurisdiction. As provided in clause 25 of the FCFC Bill, the FCFC (Division 1)'s original jurisdiction is limited in family law or child support matters to those transferred to or by it under clauses 51 or 149 of the FCFC Bill. The change in conferral of jurisdiction is to create an effective single point of entry in the FCFC (Division 2), as court-users would need to file family law or child support matters in the FCFC (Division 2) at first instance. More information is in the Explanatory Memorandum to the FCFC Bill.

Item 177 - Subsection 104(1)

764. Item 177 amends subsection 104(1) by omitting 'Family Court and the Federal Circuit Court of Australia' and substituting 'the Federal Circuit and Family Court of Australia (Division 2)'. Subsection 104(1) provides that jurisdiction is conferred by the Act on the Family Court, the Federal Circuit Court, the Supreme Court of the Northern Territory (as specified in that section), and each Family Court of a State. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

765. This item only refers to the FCFC (Division 2), the continuation of the Federal Circuit Court, and not the FCFC (Division 1), the continuation of the Family Court. This is to reflect the FCFC (Division 1)'s original jurisdiction. As provided in clause 25 of the FCFC Bill, the FCFC (Division 1)'s original jurisdiction is limited in family law or child support matters to those transferred to or by it under clauses 51 or 149 of the FCFC Bill. The change in conferral of jurisdiction is to create an effective single point of entry in the FCFC (Division 2), as court-users would need to file family law or child support matters in the FCFC (Division 2) at first instance. More information is in the Explanatory Memorandum to the FCFC Bill.

Item 178 - At the end of section 104

766. Item 178 adds a note at the end of section 104 directing readers to see clause 26 of the FCFC Bill and section 47A of the Family Law Act, in respect of appeals against proceedings under the Child Support (Registration and Collection) Act 1988. Clause 26 of the FCFC Bill relates to appeals from courts of summary jurisdiction in relation to family law matters in the FCFC (Division 1). Section 24 of the Federal Court Act relates to the appellate jurisdiction of that Court, as amended by this Act to reflect the conferral of appellate family law and child support jurisdiction upon the FCFC (Division 1). This amendment appropriately directs readers to the appropriate appeal provisions in the FCFC Bill and Family Law Act, rather than replicating those provisions in the Child Support (Registration and Collection) Act 1988.

Item 179 - subsection 105(1)

767. Item 179 amends subsection 105(1) by omitting the words '(other than Part X of that Act), the standard Rules of Court and the related Federal Circuit Court Rules', and substituting '(other than Division 4 of Part V of that Act), the standard Rules of Court, the Federal Circuit and Family Court of Australia (Division 1) Rules and the related Federal Circuit and Family Court of Australia (Division 2) Rules'. Subsection 105(1) provides that the Family Law Act and various Court Rules apply to proceedings under the Child Support (Registration and Collection) Act 1988 as if the proceedings were proceedings under the Family Law Act. This amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1), the continuation of the Federal Circuit Court as the FCFC (Division 2). FCFC (Division 1) and the inclusion of appeal provisions relating to child support decisions in new Division 4 of Part V of the Family Law Act (see item 69 of Schedule 1 of this Bill).

Item 180 - Sections 106 to 110

768. Item 180 repeals sections 106 to 110 of the Child Support (Registration and Collection) Act 1988 and substitutes new sections 106 and 107.

769. Current section 106 relates to the appellate jurisdiction of the Family Court under the Act. Section 107 relates to appeals to the Full Court of the Family Court from courts other than the Federal Circuit Court and the Magistrates Court of Western Australia. Section 107A relates to appeals to the Full Court of the Family Court from the Federal Circuit Court and the Magistrates Court of Western Australia. Section 108 relates to cases stated in relation to proceedings in which a decree in sections 107 and 107A - appeals to the Full Court of the Family Court - applies. Section 109 relates to appeals to the High Court and section 110 relates to appeals from courts of summary jurisdiction.

770. New section 106 confers jurisdiction on the Family Court of a State to hear and determine appeals from a court of summary jurisdiction of the State (subsection 106(1)) and on the Supreme Court of the Northern Territory to hear and determine appeals from a court of summary jurisdiction in the Northern Territory (subsection 106(2)). The jurisdiction conferred by new section 106 is currently conferred by subsection 110(4) (which is being repealed by this item).

771. New subsection 107(1) provides that appeals do not lie from a decree of a court exercising original jurisdiction under the Child Support (Registration and Collection) Act 1989 to the High Court and includes a note that similar procedures are set out in clauses 55 and 155 of the FCFC Bill which apply to the FCFC (Division 1) and the FCFC (Division 2). New subsection 107(2) provides that if subsection 107(1) is inconsistent with section 73 of the Constitution (which outlines the appellate jurisdiction of the High Court), subsection 107(1) will have effect as though the words ", except by special leave of the High Court" were added to the end of subsection 107(1). This provision is consistent with the approach taken to High Court appeals from judgments of the FCFC (Division 1) and the FCFC (Division 2) (clauses 55 and 155 of the FCFC Bill) and from decrees of state and territory courts exercising appellate jurisdiction (new section 47D of the Family Law Act at item 69 of Schedule 1 of this Bill). This ensures a consistent approach across all courts exercising family law and child support jurisdiction (that is, only to permit an appeal to the High Court with special leave if the provision would otherwise be unconstitutional).

772. The repeal of section 106 to 110 is considered appropriate given that the relevant appeal provisions are provided for (with the exception of that provided for by new section 106) under clauses 26 of the FCFC Bill and sections 47A and 47B of the Family Law Act (see item 69 of Schedule 1 of this Bill). It would be unnecessary to duplicate these provisions in the Child Support (Registration and Collection) Act 1988 also.

Item 181 - Subsection 110W(2) (heading)

773. Item 181 amends the heading in subsection 110W(2) by repealing the current heading 'Full Court of the Family Court' and substituting 'Federal Circuit and Family Court of Australia (Division 1)'. This amendment appropriately reflects the continuation of the Family Court in the FCFC (Division 1) and the retention of the Family Court's appellate jurisdiction within the FCFC (Division 1).

Item 182 - Paragraph 110W(2)(a)

774. Item 182 amends paragraph 110W(2)(a) by repealing the paragraph and substituting 'a decision is a decision of the Full Court of the Federal Circuit and Family Court of Australia (Division 1); and'. Paragraph 110W(2)(a) provides that a decision of a court becomes final if and when it is decision of the Full Court of the Family Court, and an application for special leave to appeal against the decision to the High Court is not made within 30 days. This amendment appropriately reflects the continuation of the Family Court in the FCFC (Division 1) and the retention of the Family Court's appellate jurisdiction within the FCFC (Division 1).

Item 183 - Paragraphs 110W(3)(a) and (b)

775. Item 183 amends paragraphs 110W(3) (a) and (b) by repealing the paragraphs and substituting that subsection 110(3) applies if a decision is a decision of a court (other than a decision of the Full Court of the FCFC (Division 1)) under Part VIII and an application may be made for leave to appeal against the decision. Subsection 110(3) provides that if the criteria in paragraphs (a) and (b), and an application is not made within the period for doing so (paragraph (c)), the decision of the other court becomes final at the end of that period. This amendment appropriately supports and gives effect to the amendments at item 182 above.

Civil Dispute Resolution Act 2011

Item 184 - Section 5 (paragraph (b) of the definition of eligible court )

776. Item 184 repeals paragraph (b) of the definition of 'eligible court' and replaces it with new paragraph (b), which refers to 'the Federal Circuit and Family Court of Australia (Division 2)' in section 5 of the Civil Dispute Resolution Act 2011. Section 5 provides definitions to be used in the interpretation of the Act. Paragraph (b) of the definition of 'eligible court' currently provides that the Federal Circuit Court is an eligible court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the meaning of 'eligible court' in section 5.

Item 185 - Section 16

777. Item 185 inserts (1) before 'Proceedings are also' in section 16 to facilitate the insertion of subsection (2) by item 186 below. Subsection 16(1) provides that proceedings under certain acts (or regulations made under those acts) are 'excluded proceedings' for the purposes of the Act.

Item 186 - At the end of section 16

778. Item 186 inserts new subsection 16(2).

779. Subsection 16(1) provides that proceedings under certain acts (or regulations made under those acts) are 'excluded proceedings' for the purposes of the Act.

780. New subsection 16(2) provides that proceedings are also 'excluded proceedings' to the extent they are proceedings falling within the original or appellate jurisdiction of the FCFC (Division 1), or original jurisdiction of the FCFC (Division 2). By virtue of the original jurisdiction of the FCFC (Division 1) provided by the FCFC Bill, this would also include proceedings transferred under clauses 51 or 149 of the FCFC Bill. Item 186 ensures that the requirements of the Civil Dispute Resolution Act 2011 do not apply to these proceedings. The subject matter and requirements for these proceedings mean it is not be appropriate or necessary for additional requirements to be imposed by the Civil Dispute Resolution Act 2011.

Item 187 - Section 18

781. Item 187 updates the reference to the Federal Circuit Court Act to be 'Chapter 4 of the Federal Circuit and Family Court of Australia Act 2019'. Section 18 provides for Rules of Court made under certain Acts to include certain provisions. This amendment updates the legislative reference to reflect that the Rules of Court for the FCFC (Division 2) will be made under Chapter 4 of the FCFC Bill. The amendment does not affect the substantive operation of section 18.

Coal Mining Industry (Long Service Leave) Administration Act 1992

Item 188 - Subsection 4(1) (definition of Federal Circuit Court )

782. Item 188 repeals the definition of 'Federal Circuit Court' in subsection 4(1) of the Coal Mining Industry (Long Service Leave) Administration Act 1992. Subsection 4(1) provides definitions to assist in interpreting the Act. The definition currently provides that 'Federal Circuit Court means the Federal Circuit Court of Australia'. The definition is no longer required as the Federal Circuit Court will be continued as the FCFC (Division 2). Where references in the Act are made to the FCFC (Division 2), the reference is provided in full.

Item 189 - Sections 39DA and 39DB

783. Item 189 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in sections 39DA and 39DB. Section 39DA currently provides that employees, employee organisations and industrial associations may apply to the Federal Court or the Federal Circuit Court for an order under section 39DB in relation to contraventions or proposed contraventions of the civil penalty provisions under Part 5A. Section 39DB provides for orders that can be made by the Federal Court or the Federal Circuit Court. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of sections 39DA and 39DB.

Item 190 - Paragraph 49A(4)(b)

784. Item 190 repeals paragraph 49A(4)(b) and replaces it with new paragraph (b), which refers to 'the Federal Circuit and Family Court of Australia (Division 2)'. Paragraph 49A(4)(b) currently makes the Federal Circuit Court a relevant court for the purposes of Part 4 of the Regulatory Powers (Standard Provisions) Act 2014 in relation to the civil penalty provisions of the Coal Mining Industry (Long Service Leave) Administration Act 1992. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of paragraph 49A(4)(b).

Item 191 - Section 52C (heading)

785. Item 191 updates reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the heading to section 52C. The heading now reads 'Conferral of jurisdiction on the Federal Court and the Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Items 192 and 193 - Subsection 52C(1) and paragraphs 52C(2)(e), (f) and (g)

786. Items 192 and 193 update references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 52C(1) and paragraphs 52C(2)(e), (f) and (g). Section 52C(1) currently confers jurisdiction on the Federal Court and the Federal Circuit Court in relation to any civil matter arising under the Act or the Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992. Section 52C(2) provides that the jurisdiction conferred on the Federal Court is to be exercised is the Fair Work Division of the Federal Court in the circumstances specified in paragraphs 52C(2)(a) to (i). The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subsection 52C(1) and paragraphs 52C(2)(e), (f) and (g).

Item 194 - Subsection 52C(3)

787. Item 194 updates subsection 52C(3) with the words provided. In effect, the first reference to the 'Federal Circuit Court' changes to be 'Federal Circuit and Family Court of Australia (Division 2)' and the second reference to be 'the Court'. The second reference states 'the Court' as it would be repetitive to include the full reference a second time. Subsection 52C(3) currently provides that the jurisdiction conferred on the Federal Circuit Court under subsection (1) is to be exercised in the Fair Work Division of the Federal Circuit Court in the circumstances specified in paragraphs 52C(3)(a) to (e). The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 52C(3).

Item 195 - Paragraph 52C(3)(a)

788. Item 195 omits reference to 'Federal Circuit' in paragraph 52C(3)(a), leaving a reference to 'the Court'. This reference to 'the Court' means the FCFC (Division 2) by virtue of the amendment in item 194. Paragraph 52C(3)(a) currently provides that when an application is made to the Federal Circuit Court under the Act or the Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992, the jurisdiction is to be exercised in the Fair Work Division of the Federal Circuit Court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of paragraph 52C(3)(a).

Item 196 - Paragraph 52C(3)(b)

789. Item 196 updates the paragraph 52C(3)(b) reference to 'section 15 of the Federal Circuit Court of Australia Act 1999' to be 'section 140 of the Federal Circuit and Family Court of Australia Act 2019'. Paragraph 52C(3)(b) currently provides that if an injunction is sought from the Federal Circuit Court under section 15 of the Federal Circuit Court Act in relation to a matter arising under the Act or the Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992, the jurisdiction is to be exercised in the Fair Work Division of the Federal Circuit Court. Section 15 of the Federal Circuit Court Act will be reflected in clause 140 of the FCFC Bill. The amendment updates the legislative reference to reflect the change in law and does not substantively affect the intent of paragraph 52C(3)(b).

Item 197 - Paragraph 52C(3)(c)

790. Item 197 updates the paragraph 52C(3)(c) reference to 'section 16 of the Federal Circuit Court of Australia Act 1999' to be 'section 141 of the Federal Circuit and Family Court of Australia Act 2019'. Paragraph 52C(3)(c) currently provides that if a declaration is sought from the Federal Circuit Court under section 16 of the Federal Circuit Court Act in relation to a matter arising under the Act or the Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992, the jurisdiction is to be exercised in the Fair Work Division of the Federal Circuit Court. Section 16 of the Federal Circuit Court Act will be reflected in clause 141 of the FCFC Bill. The amendment updates the legislative reference to reflect the change in law and does not substantively affect the intent of paragraph 52C(3)(c).

Item 198 - Paragraphs 52C(3)(d) and (e)

791. Item 198 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in paragraphs 52C(3)(d) and (e). Paragraph s 52C(3)(d) and (e) currently provide that when proceedings are transferred from the Federal Court to the Federal Circuit Court or the High Court remits a matter to the Federal Circuit Court under the Act or the Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992, the jurisdiction is to be exercised in the Fair Work Division of the Federal Circuit Court. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not alter the intent of paragraphs 52C(3)(d) and (e).

Item 199 - Section 52D

792. Item 199 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in section 52D. Section 52D currently provides that the powers conferred on the Federal Court and the Federal Circuit Court by the Act are in addition to any other powers of the Court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of section 52D.

Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992

Item 200 - Paragraph 13A(4)(b)

793. Item 200 repeals paragraph 13A(4)(b) of the Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992 and replaces it with new paragraph (b), which refers to 'the Federal Circuit and Family Court of Australia (Division 2)'. Paragraph 13A(4)(b) currently makes the Federal Circuit Court a relevant court for the purposes of Part 4 of the Regulatory Powers (Standard Provisions) Act 2014 in relation to the civil penalty provisions of the Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of paragraph 13A(4)(b).

Coastal Trading (Revitalising Australian Shipping) Act 2012

Item 201 - Subsection 6(1) (definition of Federal Circuit Court )

794. Item 201 repeals the definition of 'Federal Circuit Court' in subsection 6(1) of the Coastal Trading (Revitalising Australian Shipping) Act 2012. Subsection 6(1) provides definitions to assist in interpreting the Act. The definition currently provides that 'Federal Circuit Court means the Federal Circuit Court of Australia'. The definition is no longer required as the Federal Circuit Court will be continued as the FCFC (Division 2). Where references in the Act are made to the FCFC (Division 2), the reference is provided in full.

Item 202 - Subsection 86(1)

795. Item 202 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 86(1). Subsection 86(1) currently provides that the Secretary may apply to the Federal Court or the Federal Circuit Court for an order that a person, who is alleged to have contravened a civil penalty provision, pay the Commonwealth a pecuniary penalty. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 86(1).

Competition and Consumer Act 2010

Item 203 - Subsection 4(1)

796. Item 203 repeals the definitions of 'Federal Circuit Court' and 'the Family Court' in subsection 4(1) of the Competition and Consumer Act 2010. Subsection 4(1) provides definitions to assist in interpreting the Act. The definition currently provides that 'Federal Circuit Court means the Federal Circuit Court of Australia' and 'the Family Court means the Family Court of Australia'. The definitions are no longer required as the Federal Circuit Court will be continued as the FCFC (Division 2) and the Family Court will be continued as the FCFC (Division 1). Where references in the Act are made to either the FCFC (Division 1) or the FCFC (Division 2), the reference is provided in full.

Item 204 - Paragraphs 56EU(4)(b), 56EW(3)(b) and 56EX(3)(b)

797. Items 204 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in paragraphs 56EU(4)(b), 56EW(b) and 56EX(3)(b).

798. Sections 56EU, 56EW and 56EX relate to civil penalty provisions, enforceable undertakings and injunctions respectively, for the purposes of the Regulatory Powers (Standard Provisions) Act 2014. Each of the amended paragraphs currently provide that the Federal Circuit Act is a relevant court for the relevant provisions for the purposes of the Regulatory Powers (Standard Provisions) Act 2014. This is changed to be the FCFC (Division 2). The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of the paragraphs.

Item 205 - Paragraph 56EY(5)(a)

799. Item 205 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in paragraph 56EY(5)(a).

800. Section 56EY relates to actions for damages. Paragraph 56EY(5)(b) confers the Federal Circuit Court with jurisdiction to hear and determine actions for damages under this section. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of the paragraph.

Items 206 and 207 - Subsection 86(1A) and paragraph 86(4)(a)

801. Items 206 and 207 update references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 86(1A) and paragraph 86(4)(a). Section 86 provides for the jurisdiction of courts. Subsection 86(1A) currently confers jurisdiction on the Federal Circuit Court in certain matters. Paragraph 86(4)(a) provides that jurisdiction conferred on the Federal Court under subsection 86(1) is exclusive of the jurisdiction of any other court other than the jurisdiction of the Federal Circuit Court under subsection 86(1A). The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subsection 86(1A) and paragraph 86(4)(a).

Item 208 - Section 86AA (heading)

802. Item 208 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the heading to section 86AA. The heading now reads 'Limit on jurisdiction of FCFC (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 209 - Section 86AA

803. Item 209 updates section 86AA with the words provided. In effect, the first reference to the 'Federal Circuit Court' changes to be 'Federal Circuit and Family Court of Australia (Division 2)' and the second reference to be 'the Court'. The reference to 'the Court' means the FCFC (Division 2) and is used as it would be repetitive to include the full reference a second time. Section 86AA currently limits jurisdiction of the Federal Circuit Court to award damages of $750,000 or less in proceedings under section 82, or another amount specified in the regulations. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of section 86AA.

Item 210 - Section 86AA (note)

804. Item 210 repeals the note to section 86AA and inserts the two notes provided. The existing note currently provides a direction to legislative references that provide for transfers between the Federal Court and the Federal Circuit Court. The new notes update references from the Federal Circuit Court to the FCFC (Division 2), and update the legislative references for the transfer provisions. There are two notes because it is clearer to deal with transfers from the FCFC (Division 2) to the Federal Court separately from transfers from the Federal Court to the FCFC (Division 2). New note 1 outlines that transfers to the Federal Court from the FCFC (Division 2) are undertaken either in accordance with clause 153 of the FCFC Bill or the new power of the Federal Court in section 32AB of the Federal Court Act. New note 2 provides that transfers from the Federal Court to the FCFC (Division 2) are undertaken in accordance with 32AB of the Federal Court Act, which is updated by items 216 to 219 of Schedule 1 of the Bill. See items 216 to 219 of Schedule 1 of this Explanatory Memorandum for further guidance.

Item 211 - Section 130 (definition of Family Court Judge )

805. Item 211 repeals the definition of 'Family Court Judge' in section 130. Section 130 provides for definitions to assist in interpreting Part XI of the Act. 'Family Court Judge' means 'a Judge of the Family Court (including the Chief Justice, the Deputy Chief Justice or a Senior Judge)'. This definition is no longer required as Judges of the Family Court will continue as Judges of the FCFC (Division 1). Where references in the Act are made to Judges of the FCFC (Division 1), the reference is provided in full.

Item 212 - Paragraph 138(2)(a)

806. Item 212 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in paragraph 138(2)(a). Section 138 confers jurisdiction on the Federal Court. Paragraph 138(2)(a) currently provides that jurisdiction conferred on the Federal Court under subsection 138(1) is exclusive of the jurisdiction of any other court other than the jurisdiction of the Federal Circuit Court under section 138A. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of paragraph 138(2)(a).

Item 213 - Section 138A (heading)

807. Item 213 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the heading to section 138A. The heading now reads 'Conferring jurisdiction on the Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 214 - Subsection 138A(1)

808. Item 214 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 138A(1). Subsection 138A(1) currently confers jurisdiction on the Federal Circuit Court in relation to any matter arising under Part XI of the Act or the Australian Consumer Law in respect of which a civil proceeding is instituted by a person other than the Commonwealth Minister. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 138A(1).

Item 215 - Subsection 138A(2)

809. Item 215 updates subsection 138A(2) with the words provided. In effect, the first reference to the 'Federal Circuit Court' changes to be the 'Federal Circuit and Family Court of Australia (Division 2)' and the second reference to be 'the Court'. The reference to 'the Court' means the FCFC (Division 2) and is used as it would be repetitive to include the full reference a second time. Subsection 138A(2) currently limits the jurisdiction of the Federal Circuit Court to award damages of $750,000 or less in proceedings under Part 3-5 or section 236 of the Australian Consumer Law, or another amount specified in the regulations. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 138A(2).

Item 216 - Subsection 138A(2) (note)

810. Item 216 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the note to subsection 138A(2). The note currently provides a direction to legislative references that provide for transfers of proceedings from the Federal Court to the Federal Circuit Court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 217 - Section 138E (heading)

811. Item 217 repeals the heading of section 138E and replaces it with a new heading. The new heading reads 'Transfer of proceedings to the Federal Circuit and Family Court of Australia (Division 1)'. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1).

Item 218 - Subsection 138E(1)

812. Item 218 updates the reference to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in subsection 138E(1). Subsection 138E(1) currently provides the power for the Federal Court to transfer proceedings to the Family Court if a civil proceeding is before the Federal Court and a matter for determination in the proceedings arises under Part IX of the Act or the Australian Consumer Law. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of subsection 138E(1).

Item 219 - Subsection 138E(2)

813. Item 219 updates the first reference to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in subsection 138E(2). Subsection 138E(2) currently provides for the jurisdiction and powers of the Family Court where a matter is transferred to it under subsection 138E(1). The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of subsection 138E(2).

Item 220 - Paragraphs 138E(2)(a) and (b)

814. Item 220 updates references to the 'Family Court' to be 'Court' in paragraphs 138E(2)(a) and (b). Subsection 138E(2) currently provides for the jurisdiction and powers of the Family Court where a matter is transferred to it under subsection 138E(1). The reference to 'Court' means the FCFC (Division 1) and is used as it would be repetitive to include the full reference. See item 215 for further guidance. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and do not substantively alter the operation of paragraphs 138E(2)(a) and (b).

Item 221 - Paragraph 138E(2)(c)

815. Item 221 updates the reference to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in paragraph 138E(2)(c). This reference is provided in full, as it would be unclear whether 'the Court' referred to the FCFC (Division 1) or the Federal Court as mentioned in paragraph 138E(2)(b)(ii). Subsection 138E(2) currently provides for the jurisdiction and powers of the Family Court where a matter is transferred to it under subsection 138E(1). The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of paragraph 138E(2)(c).

Item 222 - Paragraph 138E(2)(d)

816. Item 222 updates the first reference to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in paragraph 138E(2)(d). Subsection 138E(2) currently provides for the jurisdiction and powers of the Family Court where a matter is transferred to it under subsection 138E(1). The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of paragraph 138E(2)(d).

Item 223 - Paragraph 138E(2)(d)

817. Item 223 updates the reference to 'Family Court' to be 'that Court' in paragraph 138E(2)(d). Subsection 138E(2) currently provides for the jurisdiction and powers of the Family Court where a matter is transferred to it under subsection 138E(1). The amendment refers to the FCFC (Division 1) and is used as it would be repetitive to include the full reference. See item 220 for further guidance. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of paragraph 138E(2)(d).

Items 224 and 225 - Paragraph 138(2)(e) and subparagraph 138E(2)(f)(i)

818. Items 224 and 225 update references to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in paragraph 138(2)(e) and subparagraph 138E(2)(f)(i). Subsection 138E(2) currently provides for the jurisdiction and powers of the Family Court where a matter is transferred to it under subsection 138E(1). The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and do not substantively alter the operation of paragraph 138(2)(e) and subparagraph 138E(2)(f)(i).

Item 226 - Subparagraphs 138E(2)(f)(ii) and (iii)

819. Item 226 updates references to 'Family Court Judge' to be 'Judge of the Federal Circuit and Family Court of Australia (Division 1)' in subparagraphs 138E(2)(f)(ii) and (iii). Subparagraphs 138E(2)(f)(ii) and (iii) currently provide that, for the purposes of paragraph 138E(2)(f), a reference to a 'Judge of the Federal Court' includes a reference to a Family Court Judge and a reference to 'the Court or a Judge' when used in relation to the Federal Court includes a reference to a Family Court Judge sitting in Chambers. The amendments appropriately reflect the continuation of Judges of the Family Court as Judges of the FCFC (Division 1) and do not substantively alter the operation of subparagraphs 138E(2)(f)(ii) and (iii).

Items 227 and 228 - Subparagraph 138E(2)(f)(iv) and subsections 138E(3) and (4)

820. Items 227 and 228 update references to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in subparagraph 138E(2)(f)(iv) and subsections 138E(3) and (4). Section 138E currently provides the power for the Federal Court to transfer a proceeding to the Family Court. Subparagraph 138E(2)(f)(iv) provides that a reference to a Registrar of the Federal Court includes a reference to a Registrar of the Family Court. Subsection 138E(3) provides for the Family Court to give directions and make orders to resolve difficulties arising in the granting of remedies, making orders and issuing writs. Subsection 138E(4) provides that parties cannot appeal a Federal Court decision to transfer a proceeding under the Act to the Family Court. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and do not substantively alter the operation of subparagraph 138E(2)(f)(iv) and subsections 138E(3) and (4).

Item 229 - Paragraph 151AQA(4)(a)

821. Item 229 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in paragraph 151AQA(4)(a). Subsection 151AQA(4) currently provides that if a person applies to the Federal Court under the Administrative Decisions (Judicial Review) Act 1977 for a review of a decision to issue a competition notice and any relevant proceedings have been instituted under Division 7 of Part XIB of the Act the Federal Circuit Court or a Judge of the Federal Circuit Court may stay those proceedings. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of paragraph 151AQA(4)(a).

Item 230 - Subsection 151AQA(4)

822. Item 230 updates subsection 151AQA(4) with the words provided. In effect the first reference to the 'Federal Circuit Court' changes to be 'Federal Circuit and Family Court of Australia (Division 2)' and 'Judge of the Federal Circuit Court' to be 'Judge of the Court'. The reference to 'the Court' means the FCFC (Division 2) and is used as it would be repetitive to include the full reference a second time. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2), and Judges of the Federal Circuit Court as Judges of the FCFC (Division 2). The amendments do not substantively alter the operation of subsection 151AQA(4).

Copyright Act 1968

Item 231 - Section 131D (heading)

823. Item 231 updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the heading of section 131D of the Copyright Act 1968. The heading now reads 'Jurisdiction of Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 232 - Section 131D

824. Item 232 updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in section 131D. Section 131D currently confers jurisdiction on the Federal Circuit Court with respect to civil actions under Part V of the Act excluding section 115A. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of section 131D.

Item 233 - Section 135AS (heading)

825. Item 233 updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the heading to section 135AS. The heading now reads 'Jurisdiction of Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 234 - Section 135AS

826. Item 234 updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in section 135AS. Section 135AS currently confers jurisdiction on the Federal Circuit Court with respect to actions under Part VAA of the Act. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of section 135AS.

Item 235 - Subsection 195AZGH(5)

827. Item 235 updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 195AZGH(5). Subsection 195AZGH(5) currently provides that the Federal Circuit Court has jurisdiction with respect to matters arising under Part IX of the Act. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 195AZGH(5).

Item 236 - Section 248MA (heading)

828. Item 236 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the heading to section 248MA. The heading now reads 'Jurisdiction of Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 237 - Section 248MA

829. Item 237 updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in section 248MA. Section 248MA currently confers jurisdiction on the Federal Circuit Court with respect to actions for unauthorised use under section 248J of the Act. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of section 248MA.

Corporations (Aboriginal and Torres Strait Islander) Act 2006

Item 238 - Section 586-10 (heading)

830. Item 238 updates the reference to the 'Family Court' in the heading to section 586-10 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 to be 'Federal Circuit and Family Court of Australia (Division 1)'. The heading now reads 'Jurisdiction of Federal Circuit and Family Court of Australia (Division 1) and State Family Courts'. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1).

Item 239 - Subsection 586-10(1)

831. Item 239 updates the reference to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in subsection 586-10(1). Subsection 586-10(1) currently confers jurisdiction on the Family Court with respect to civil matters arising under the Aboriginal and Torres Strait Islander Corporations legislation. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of subsection 586-10(1).

Item 240 - Paragraphs 586-15(1)(a), (2)(c) and (5)(a)

832. Item 240 updates references to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in paragraphs 586-15(1)(a), (2)(c) and (5)(a). Section 586-15 deals with the jurisdiction of courts when Commonwealth officers make decisions to prosecute and decisions on related criminal justice processes. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and do not substantively alter the operation of paragraphs 586-15(1)(a), (2)(c) and (5)(a).

Item 241 - Paragraphs 586-25(1)(b) and (2)(b)

833. Item 241 repeals the paragraphs and replaces them with new paragraphs (1)(b) and (2)(b), which refer to 'the Federal Circuit and Family Court of Australia (Division 1)'. Paragraph 586-25(1)(b) currently provides that an appeal may not be instituted from a decision of the Federal Court to the Family Court. Paragraph 586-25(2)(b) provides that an appeal may not be instituted from a decision of a court of the Australian Capital Territory to the Family Court. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and do not substantively alter the operation of paragraphs 586-25(1)(b) and (2)(b).

Item 242 - Paragraph 586-25(3)(c)

834. Item 242 repeals the paragraph and replaces it with new paragraph (c), which refers to 'the Federal Circuit and Family Court of Australia (Division 1)'. Paragraph 586-25(3)(c) currently provides that an appeal may not be instituted from a decision of a court (not being a State Family Court) of a State or the Northern Territory to the Family Court. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of paragraph 586-25(3)(c).

Item 243 - Subsection 586-25(4)

835. Item 243 repeals subsection 586-25(4) and replaces it with a new subsection (4). Subsection 586-25(4) currently provides that an appeal may not be instituted from a decision of the Family Court to the Federal Court or a State or Territory court. The amendment replaces the reference to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)'. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of subsection 586-25(4).

Item 244 - Section 586-40 (heading)

836. Item 244 updates the reference to the 'Family Court' to be 'the Federal Circuit and Family Court of Australia (Division 1)' in the heading to section 586-40. The heading now reads 'Transfer of proceedings by the Federal Circuit and Family Court of Australia (Division 1) and State Family Courts'. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1).

Item 245 - Subparagraphs 586-40(1)(b)(i) and (3)(a)(i) and (b)(i)

837. Item 245 repeals subparagraphs 586-40(1)(b)(i) and (3)(a)(i) and (b)(i) and replaces them with new subparagraphs which refer to 'the Federal Circuit and Family Court of Australia (Division 1)'. Section 586-40 currently deals with the transfer of proceedings by the Family Court and State Family Courts. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and do not substantively alter the operation of subparagraphs 586-40(1)(b)(i) and (3)(a)(i) and (b)(i).

Item 246 - Paragraph 586-65(3)(a)

838. Item 246 updates the reference to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in paragraph 586-65(3)(a). Paragraph 586-65(3)(a) currently provides that subsection (3) applies to jurisdiction conferred on the Federal Court or the Family Court with respect to civil matters arising under the Aboriginal and Torres Strait Islander Corporations legislation. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of subparagraph 586-65(3)(a).

Item 247 - Section 586-90 (heading)

839. Item 247 repeals the heading to section 586-90 and replaces it with 'Rules of the Federal Circuit and Family Court of Australia (Division 1)'. The substitution appropriately reflects the continuation of the Family Court as the FCFC (Division 1).

Item 248 - Section 586-90

840. Item 248 updates the section 586-90 reference to rules of court conferred by section 123 of the Family Law Act to be 'Rules of Court under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2019'. Section 586-90 currently provides that the power to make rules of court conferred by section 123 of the Family Law Act extends to making rules of court for the purposes of the Aboriginal and Torres Strait Islander Corporations legislation. The amendment refers to the correct Chapter of the FCFC Bill contains the power for the FCFC (Division 1) to make Rules of Court. The amendment does not affect the intent of section 586-90.

Item 249 - Paragraphs 586-90(a) and (c)

841. Item 249 updates references to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in paragraphs 586-90(a) and (c). Section 586-90 provides that the power to make rules of court conferred by section 123 of the Family Law Act extends to making rules of court for the purposes of the Aboriginal and Torres Strait Islander Corporations legislation. Paragraph 586-90(a) currently provides that the power to make rules of court extends to rules with respect to proceedings and the practice and procedure of the Family Court under Aboriginal and Torres Strait Islander Corporations legislation. Paragraph 586-90(c) provides the power extends to rules without limitation, with respect to costs and with respect to rules about meetings ordered by the Family Court. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and do not substantively alter the operation of paragraphs 586-90(a) and (c).

Item 250 - Subsection 694-35(1) (paragraph (c) of the definition of Court )

842. Item 250 repeals paragraph (c) of the definition of 'Court' in subsection 694-35(1) and replaces it with new paragraph (c), which refers to 'the Federal Circuit and Family Court of Australia (Division 1)'. Section 694-35 provides for the meaning of 'court' and 'Court' in the Act. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of paragraph (c) of the definition of 'Court' in subsection 694-35(1).

Item 251 - Section 700-1 (paragraph (b) of the definition of Aboriginal and Torres Strait Islander Corporations legislation )

843. Item 251 updates the reference to the 'Family Court' in paragraph (b) of the definition of Aboriginal and Torres Strait Islander Corporations legislation in section 700-1 to be 'Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)'. Section 700-1 provides definitions to assist in interpreting the Act. Paragraph (b) of the definition currently refers to rules of court made by the Federal Court, the Supreme Court of the Australian Capital Territory, or the Family Court, because of a provision of the Act. The amendment reflects the change in law as to how rules of court will be made in the FCFC (Division 1); rules of court in the FCFC (Division 1) will be made by the Chief Justice of the FCFC (Division 1). This does not affect the intent of the definition of 'Aboriginal and Torres Strait Islander Corporations legislation' in section 700-1.

Item 252 - Section 700-1 (definition of Family Court )

844. Item 252 repeals the definition of 'Family Court' in section 700-1. Section 700-1 provides definitions to assist in interpreting the Act. The definition currently provides that 'Family Court means the Family Court of Australia'. This definition is no longer required as the Family Court will be continued as the FCFC (Division 1). Where references in the Act are made to the FCFC (Division 1), the reference is provided in full.

Item 253 - Section 700-1 (definition of superior court )

845. Item 253 updates the reference to 'the Family Court' in the definition of 'superior court' in section 700-1 to be 'the Federal Circuit and Family Court of Australia (Division 1)'. Section 700-1 provides definitions to assist in interpreting the Act. Relevantly, the definition of superior court currently includes the Family Court. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not alter the definition of 'superior court' in section 700-1.

Corporations Act 2001

Item 254 - Section 9 (paragraph (c) of the definition of Corporations legislation)

846. Item 254 amends paragraph (c) of the definition of 'Corporations legislation' in section 9 of the Corporations Act 2001. Paragraph (c) of the definition provides that Corporations legislation means rules of court made by the Federal Court, the Supreme Court of the Capital Territory, or the Family Court, because of a provision of the Act. This item replaces the reference to 'Family Court' with 'Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)'. The FCFC (Division 1) will be able to make Rules of Court under the new Court structure, with the amendment making the necessary nomenclature change.

Item 255 - Section 9 (definition of Family Court)

847. Item 255 repeals the definition of 'Family Court' in section 9 of the Act. 'Family Court' currently means the 'Family Court of Australia'. The definition is no longer required as the Family Court will be continued as FCFC (Division 1). Where references in the Act are made to the 'Federal Circuit and Family Court of Australia (Division 1)' the title of that Court is provided in full.

Item 256 - Section 9 (definition of superior court)

848. Item 256 amends the definition of 'superior court' in section 9 of the Act by replacing the reference to the 'Family Court' with 'Federal Circuit and Family Court of Australia (Division 1)'. Under the new court structure the FCFC (Division 1) will continue to be a superior court of record. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and the continuation of the Court as a superior court.

Item 257 - Subsection 58AA(1) (paragraph (c) of the definition of Court)

849. Item 257 repeals and replaces paragraph (c) of the definition of 'Court' in subsection 58AA(1) of the Act. Paragraph (c) currently provides that the definition of Court includes the Family Court of Australia. This item replaces existing paragraph (c) to provide that the definition of Court includes the FCFC (Division 1).

Item 258 - Paragraph 908CI(3)(b)

850. Item 258 amends subsection 908CI(3) of the Act, which prescribes the courts that are relevant courts in relation to subsection 908CF(1). In particular, this item repeals paragraph 908CI(3)(b), which refers to the 'Federal Circuit Court of Australia', and replaces it with new paragraph 908CI(3)(b) which provides that the FCFC (Division 2) is a relevant court in relation to subsection 908CF(1). The amendment does not change the operation of the section.

Item 259 - Section 1337C (heading)

851. Item 259 amends the heading to section 1337C by replacing the reference to the 'Family Court' with 'Federal Circuit and Family Court of Australia (Division 1)'. The heading will now read 'Jurisdiction of Federal Circuit and Family Court of Australia (Division 1) and State Family Courts'.

Items 260 and 261 - Subsection 1337C(1) and paragraphs 1337D(1)(a), (2)(c) and (5)(a)

852. Items 260 and 261 replace references to the 'Family Court' in subsection 1337C(1) and paragraphs 1337D(1)(a), 2(c) and 5(a) with 'Federal Circuit and Family Court of Australia (Division 1)'. Both section 1337C and 1337D relate to the jurisdiction of courts, including the jurisdiction of the Family Court. These items appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and do not change the operation of the relevant sections.

Items 262 and 263 - Paragraphs 1337F(1)(b), (2)(b) and (3)(c)

853. Items 262 and 263 repeal paragraphs 1337F(1)(b), (2)(b) and (3)(c) of the Act. Section 1337F provides for the appeal avenues from decisions of the specified courts. These items repeal the paragraphs that refer to the 'Family Court' and replace them with paragraphs that refer to the 'Federal Circuit and Family Court of Australia (Division 1)'. These items do not change the operation of the paragraphs and provide for the necessary nomenclature changes to accurately reflect the new structure of the courts.

Item 264 - Subsection 1337F(4)

854. Item 264 amends subsection 1337F(4) by substituting "Family Court" with "Federal Circuit and Family Court of Australia (Division 1)". Currently subsection 1337F(4) provides that an appeal may not be instituted from a decision of the Family Court to the Federal Court a State or Territory Court. Subsection (4) will now provide that an appeal may not be instituted from a decision of the FCFC (Division 1) to the Federal Court or a State or Territory Court. This reflects that the FCFC (Division 1) will retain the Family Court's appellate jurisdiction. This item does not change the operation of the subsection and provides for the necessary nomenclature changes to accurately reflect the new structure of the courts.

Item 265 - Section 1337J (heading)

855. Item 265 amends the heading to section 1337J by replacing the reference to the 'Family Court' with 'Federal Circuit and Family Court of Australia (Division 1)'. The heading will now read 'Transfer of proceedings by Federal Circuit and Family Court of Australia (Division 1) and State Family Courts'.

Item 266 - Subparagraphs 1337J(1)(b)(i) and (3)(a)(i) and (b)(i)

856. Item 266 repeals subparagraphs 1227J(1)(b)(i) and (3)(a)(i) and (b)(i), which refer to the 'Family Court of Australia' and replaces them with new subparagraphs that refer to the 'Federal Circuit and Family Court of Australia (Division 1)'. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1).

Item 267 - Subsection 1337P(3) (paragraph (a) of the definition of relevant jurisdiction)

857. Item 267 amends paragraph (a) of the definition of 'relevant jurisdiction' in subsection 1337P(3) by replacing the reference to the 'Family Court' with 'Federal Circuit and Family Court of Australia (Division 1)'. Paragraph 1337P(3)(a) will now provide that relevant jurisdiction means jurisdiction conferred on the Federal Court or the FCFC (Division 1) with respect to civil matters arising under the Corporations Legislation.

Item 268 - Section 1337U (heading)

858. Item 268 amends the heading to section 1337U by replacing the reference to the 'Family Court' with 'Federal Circuit and Family Court of Australia (Division 1)'. The heading will now read 'Rules of the Federal Circuit and Family Court of Australia (Division 1)'.

Item 269 - Subsection 1337U(1)

859. Item 269 amends subsection 1337U(1), which provides that the power to make rules of court conferred by section 123 of the Family Law Act extends to making rules of court for the matters specified in paragraphs 1337U(1)(a)-(c). This item replaces the reference to 'rules of court conferred by section 123 of the Family Law Act 1975' with 'Rules of Court under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2019'. This is to accurately reflect that the power to make rules of the FCFC (Division 1) will be contained in new Chapter 3 of the FCFC Bill rather than section 123 of the Family Law Act.

Item 270 - Paragraphs 1337U(1)(a) and (c)

860. Item 270 amends paragraphs 1337U(1)(a) and (c) by replacing references to the 'Family Court' with 'Federal Circuit and Family Court of Australia (Division 1)'. Section 1337U provides that the power to make rules of court conferred by section 123 of the Family Law Act extends to making Rules of Court for the matters specified in paragraphs 1337U(1)(a)-(c). The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and do not change the operation of the section.

Court Security Act 2013

Item 271 - Section 5 (table item 3 in the definition of administrative head )

861. Item 271 repeals table item 3 in the definition of 'administrative head' in section 5 of the Court Security Act 2013 and replaces it with the text provided for new table items 3 and 4. Section 5 provides definitions to assist in interpreting the Act. New table item 3 updates the reference to the 'Family Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 1)' and updates the administrative head to be the 'Chief Executive Officer and Principal Registrar of the Federal Court of Australia'.

862. New table item 4, in combination with item 272, updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' and updates the administrative head to be the 'Chief Executive Officer and Principal Registrar of the Federal Court of Australia'.

863. The amendments to the names of the Courts appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and the Federal Circuit Court as the FCFC (Division 2). The amendments to the administrative head column reflects the change in law, that the administrative head of the FCFC will be the Chief Executive Officer and Principal Registrar of the Federal Court as introduced by the FCFC Bill. This reflects the CEO of the Federal Court's role in providing corporate services to the FCFC, which includes court security. The amendments, in combination with item 272, appropriately reflect the change in name and administrative structure.

Item 272 - Section 5 (table item 6 in the definition of administrative head )

864. Item 272 repeals table item 6 in the definition of 'administrative head' in section 5. Table item 6 provides the administrative head for the Federal Circuit Court. See item 271 for further guidance.

Item 273 - Section 5 (cell at table item 7 in the definition of administrative head , column headed 'Court')

865. Item 273 updates the cell at table item 7 in the definition of 'administrative head' under the column headed 'Court' in section 5. Table item 7 provides for the administrative head of federal courts not mentioned elsewhere in the table. Item 244 removes the reference to table item 6, as it is being repealed by item 272. This amendment does not substantively alter the operation of table item 7 in the definition of 'administrative head' in section 5.

Item 274 - Subsection 41(1)

866. Item 274 updates the reference to the 'Family Court of Australia' and the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' and 'Federal Circuit and Family Court of Australia (Division 2)', respectively in subsection 41(1). Subsection 41(1) currently provides that a member of the Family Court of Australia, the Family Court of Western Australia or the Federal Circuit Court may make an order prohibiting a specified person from doing a specified act for a specified period. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and the Federal Circuit Court as the FCFC (Division 2) and re-order the names of the Courts to group the Divisions of the FCFC together. The amendments do not substantively alter the operation of subsection 41(1).

Item 275 - Subsection 41(1) (note 3)

867. Item 275 repeals note 3 to subsection 41(1) and replaces it with a new note 3 to subsection 41(1). New note 3 refers to clause 39 of the FCFC Bill and to Division 2 of Part III of the Federal Court Act, which applies in relation to appeals from the variation or revocation of an order if the order was made by a member of the FCFC (Division 1), the FCFC (Division 2) or the Family Court of Western Australia. The new note reflects the new appeal structure of the federal courts. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and the Federal Circuit Court as the FCFC (Division 2) and do not affect the intent of the note.

Item 276 - Section 45 (note)

868. Item 276 repeals the note to section 45 and replaces it with a new note to section 45. Section 45 provides that a member of a court who may make a court security order may vary or revoke such an order relating to their court. The new note refers to clause 39 of the FCFC Bill and to Division 2 of Part III of the Federal Court Act, which applies in relation to appeals from the variation or revocation of an order if the order was made by a member of the FCFC (Division 1), the FCFC (Division 2) or the Family Court of Western Australia. The new note reflects the new appeal structure of the federal courts. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and the Federal Circuit Court as the FCFC (Division 2) and do not affect the intent of the note.

Item 277 - Section 51 (table item 2)

869. Item 277 repeals table item 2 in section 51 and replaces it with new table items 2 and 3. Section 51 deals with delegation by an administrative head of a court to a person listed in the table. New table item 2 updates the reference to the 'Family Court of Australia' to be ' Federal Circuit and Family Court of Australia (Division 1)' and updates the person to whom the administrative head may delegate powers and functions to be 'The Marshal of the Federal Circuit and Family Court of Australia (Division 1)'. New table item 3, in combination with item 278, updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' and updates the person to whom the administrative head may delegate powers and functions to be 'The Marshal of the Federal Circuit and Family Court of Australia (Division 2)'. The amendments to the names of the Court and the Marshals appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and the Federal Circuit Court as the FCFC (Division 2).

Item 278 - Section 51 (table item 5)

870. Item 278 repeals table item 5 in section 51. Table item 5 provides for the person to whom the administrative head of the Federal Circuit Court may delegate. See item 277 for further guidance.

Item 279 - Section 51 (cell at table item 6, column headed 'Court')

871. Item 279 updates the cell at table item 6 in section 51 under the column headed 'Court'. Table item 6 provides for persons to whom administrative heads of federal courts not mentioned elsewhere in the table may delegate powers and functions. This item removes the reference to table item 5, as it is being repealed by item 277. This amendment does not substantively alter the operation of table item 6 in section 51 of the Crimes Act 1914.

Crimes Act 1914

Item 280 - Subsection 3ZQO(1)

872. Item 280 updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 3ZQO(1) of the Crimes Act 1914. Subsection 3ZQO(1) currently provides that an authorised Australian Federal Police (AFP) officer may apply to a Judge of the Federal Circuit Court for a notice under section 3ZQO of the Act in respect of a person if the AFP officer considers on reasonable grounds that the person has documents (including in electronic form) that are relevant to, and will assist, the investigation of a serious offence. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 3ZQO(1).

Item 281 - Section 3ZQQ (heading)

873. Item 281 updates the reference to 'Federal Circuit Court Judges' to be 'Judges of the Federal Circuit and Family Court of Australia (Division 2)' in the heading to section 3ZQQ. The heading now reads 'Powers conferred on Judges of the FCFC (Division 2) in their personal capacity'. The amendment appropriately reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2).

Item 282 - Section 3ZQQ

874. Item 282 updates references to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in section 3ZQQ. Section 3ZQQ currently provides that with powers conferred on Federal Circuit Court Judges by section 3ZQO are conferred on those Judges in their personal capacity. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of section 3ZQQ.

Item 283 - Paragraph 3ZZNF(3)(a)

875. Item 283 updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in paragraph 3ZZNF(3)(a). Section 3ZZNF provides for the Commonwealth to pay compensation in specified circumstances for damage to electronic equipment operated under Part IAAB of the Act. Paragraph 3ZZNF(3)(a) currently provides that if the Commonwealth and the owner or user fail to agree on the amount of compensation, the owner or user may institute proceedings in the Federal Court or the Federal Circuit Court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of section 3ZZNF.

Item 284 - Paragraph 4AAA(1)(ab)

876. Item 284 repeals paragraph 4AAA(1)(ab) and replaces it with a new paragraph which refers to 'a Judge of the Federal Circuit and Family Court of Australia (Division 2)'. Section 4AAA provides for Commonwealth laws that confer non-judicial functions and powers on officers. Paragraph 4AAA(1)(ab) currently provides that the section sets out the rules that apply if, under a law of the Commonwealth relating to criminal matters, a function or power that is neither judicial nor incidental to a judicial function or power, is conferred on a Judge of the Federal Circuit Court. The amendment appropriately reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not substantively alter the operation of paragraph 4AAA(1)(ab).

Item 285 - Subsections 4AAA(2) and (3A)

877. Item 285 updates references to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsections 4AAA(2) and (3A). Section 4AAA provides for Commonwealth laws that confer non-judicial functions and powers on officers. Subsection 4AAA(2) currently provides that the function or power is conferred on the person in their personal capacity. Subsection 4AAA(3A) provides for a Judge of the Federal Court or a Judge of the Federal Circuit Court performing a conferred function or exercising a conferred power to have the same protection and immunity as a Justice of the High Court in relation to proceedings in the High Court. The amendments appropriately reflect the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and do not substantively alter the operation of subsections 4AAA(2) and (3A).

Criminal Code Act 1995

Item 286 - Subsection 100.1(1) of the Criminal Code (paragraph (c) of the definition of issuing court )

878. Item 286 amends paragraph (c) of the definition of 'issuing court' in subsection 100.1(1) of the Criminal Code. The definition is relevant to Division 104 which relates to the making of control orders. Item 286 amends paragraph (c) to remove the reference to 'the Federal Circuit Court of Australia' and replace it with 'the Federal Circuit and Family Court of Australia (Division 2)'. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 287 - Paragraph 105.2(1)(b) of the Criminal Code

879. Item 287 amends paragraph 105.2(1)(b) of the Criminal Code. Section 105.2 outlines who the Attorney-General may appoint as an issuing authority for continued preventative detention orders. Item 287 amends the paragraph by removing the reference to the 'Federal Circuit Court of Australia' and replacing it with 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment makes the necessary nomenclature changes to reflect the new court structure and does not alter who can be appointed as an issuing authority for the purpose of issuing continued preventative detention orders.

Item 288 - Subsections 105.43(4), (5) and (7) of the Criminal Code

880. Item 288 amends subsections 105.43(4), (5) and (7) of the Criminal Code. These subsections outline the powers of police officers to take fingerprints, samples of handwriting or photographs. Item 288 removes all references to the 'Federal Circuit Court of Australia' and replaces them with 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not impact on the operation of this section.

Item 289 - Section 105.46 of the Criminal Code (heading)

881. Item 289 amends the heading to section 105.46 of the Criminal Code by replacing the reference to 'Federal Circuit Court Judge' with 'Judge of the Federal Circuit and Family Court of Australia (Division 2)'. The heading will now read 'Nature of functions of Judge of the Federal Circuit and Family Court of Australia (Division 2)'.

Item 290 - Section 105.46 of the Criminal Code

882. Item 290 amends section 105.46 of the Criminal Code, which deals with the nature of functions of Federal Circuit Court judges. Item 290 removes references to the 'Federal Circuit Court of Australia' and replaces them with 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not impact on the nature of Judges' functions.

Item 291 - Section 106.4 of the Criminal Code

883. Item 291 amends section 106.4 of the Criminal Code, which is a savings provision for items relating to and things done by Federal Magistrates. Existing section 106.4 was required to save appointments made and consents given under section 105.2 and things done by Federal Magistrates as issuing authorities when the Federal Magistrates Court of Australia was changed to be the Federal Circuit Court. Now that the Federal Circuit Court will be continued as the FCFC (Division 2) a similar savings provisions is required to save appointments made and consents given under section 105.2 and things done by Judges of the Federal Circuit Court FCFC as issuing authorities.

884. The new savings provisions will also operate so that it applies to appointments made and consents given under section 105.2 and things done by Federal Magistrates as issuing authorities. New section 106.4 also includes specific references to the commencement of the operation of the section, being the commencement day.

885. Item 291 repeals and replaces section 106.4, including the heading. The new heading removes the reference to 'Federal Magistrates' and replaces it with 'Judges of the Federal Circuit Court'. The new heading will now read 'Saving - Judges of the Federal Circuit Court'.

886. New subsection 106.4(1) provides that an appointment that is in force immediately before the commencement day under subsection 105.2(1) in respect of a Judge of the Federal Circuit Court of Australia continues in force, on and after that day, as an appointment in respect of a Judge of the FCFC (Division 2) under that subsection.

887. New subsection 106.4(2) provides that a consent that is in force immediately before the commencement day under subsection 105.2(2) in respect of a Judge of the Federal Circuit Court of Australia continues in force, on and after that day, as an appointment in respect of a Judge of the FCFC (Division 2) under that subsection.

888. New subsection 106.4(3) provides that a thing done by, or in relation to, a Judge of the Federal Circuit Court of Australia, as an issuing authority for continued preventative detention orders, under Division 105 before the commencement day has effect, on and after that day, as if it had been done by, or in relation to, a Judge of the FCFC (Division 2), as an issuing authority for continued preventative detention orders, under that Division.

889. New subsection 106.4(4) provides a definition of 'commencement day', which means the day Schedule 2 of this Bill commences, being the same time as the FCFC Bill.

Item 292 - Subparagraph 123.1(2)(b)(ii) of the Criminal Code

890. Item 292 amends subparagraph 123.1(2)(b)(ii) of the Criminal Code, by repealing the subparagraph and substituting a new subparagraph which refers to the FCFC (Division 2). Subparagraph 123.1(2)(b) provides that a relevant court for the purposes of Part 7 of the Regulatory Powers (Standard Provisions) Act 2014 is the Federal Circuit Court. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not impact on the operation of this section.

Item 293 - Paragraph 150.5(3)(b) of the Criminal Code

891. Item 293 amends paragraph 150.5(3)(b) of the Criminal Code, which provides that the Federal Circuit Court of Australia is a relevant court with respect to injunctions made under Part 7 of the Regulatory Powers (Standard Provisions) Act 2014. Item 293 repeals the paragraph which references the 'Federal Circuit Court of Australia' and replaces it with a new paragraph (b), which refers to 'the Federal Circuit and Family Court of Australia (Division 2)'. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not impact on the operation of this section.

Customs Act 1901

Item 294 - Subsection 4(1) (paragraph (a) of the definition of Division 1B Judge )

892. Item 294 updates the reference to the 'Family Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 1)' in paragraph (a) of the definition of 'Division 1B Judge' in subsection 4(1) of the Customs Act 1901. Subsection 4(1) provides definitions to assist in interpreting the Act. Relevantly, paragraph (a) of the definition of 'Division 1B Judge' currently includes 'a Judge of the Family Court of Australia' in relation to whom a consent under subsection 219RA(1) and a nomination under subsection 219RA(2) are in force. The amendment appropriately reflects the continuation of Judges of the Family Court as Judges of the FCFC (Division 1) and does not substantively alter the operation of paragraph (a) of the definition of 'Division 1B Judge'.

Item 295 - Subsections 219RA(1) and 219ZL(1)

893. Item 295 updates references to the 'Family Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 1)' in subsections 219RA(1) and 219ZL(1). Subsection 219RA(1) currently provides that a Judge of the Family Court of Australia, and the other listed Judges, may consent to be nominated by the Minister to be a Division 1B Judge. Subsection 219ZL(1) provides that a Judge issuing a warrant or giving an order under Part XII, including a Judge of the Family Court, has the same protection and immunity that a Justice of the High Court has in relation to proceedings in the High Court. The amendments appropriately reflect the continuation of Judges of the Family Court as Judges of the FCFC (Division 1) and do not substantively alter the operation of subsections 219RA(1) and 219ZL(1).

Defence Act 1903

Item 296 - Subparagraph 117AE(3)(e)(ii)

894. Item 296 repeals subparagraph 117AE(3)(e)(ii) of the Defence Act 1903 and replaces it with new subparagraph (ii), which refers to 'the Federal Circuit and Family Court of Australia (Division 2)'. Subparagraph 117AE(3)(e)(ii) currently provides that the Federal Circuit Court is a relevant court for the purposes of Part 2 of the Regulatory Powers (Standard Provisions) Act 2014. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of paragraph 117AE(3)(e).

Defence Force (Home Loans Assistance) Act 1990

Item 297 - Section 3 (definition of Family Court )

895. Item 297 repeals the definition of 'Family Court' in section 3 of the Defence Force (Home Loans Assistance) Act 1990. Section 3 provides definitions to assist in interpreting the Act. The definition currently provides that 'Family Court' means 'the Family Court of Australia'. The definition is no longer required as the Family Court will be continued as the FCFC (Division 1). Where references in the Act are made to the FCFC (Division 1), the reference is provided in full.

Item 298 - Paragraphs 18(1)(a) and 29(d) and (e)

896. Item 298 updates references to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in paragraphs 18(1)(a) and 29(d) and (e). Paragraph 18(1)(a) currently provides that the Secretary of Defence must grant approval in relation to the sale, purchase or transfer of a house subject to a subsidised loan if satisfied that the proposed sale, purchase or transfer has not been ordered by the Family Court.

897. Section 29 specifies when a subsidy stops being payable on a subsidised loan to a person who is a subsidised borrower. Paragraph 29(d) provides that the subsidy stops being payable when the property to which the loan relates is transferred under an order of the Family Court to the person's spouse or de facto partner, or former spouse or former de facto partner, or to the person and his or her former spouse or former de facto partner, whether as joint tenants or as tenants in common. Paragraph 29(e) provides that the subsidy stops being payable when the property to which the loan relates, or any interest in it, is sold or transferred to another person (other than under an order of the Family Court) without an approval under section 18.

898. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and do not substantively alter the operation of paragraphs 18(1)(a) and 29(d) and (e).

Defence Reserve Service (Protection) Act 2001

Items 299 and 300 - Paragraphs 76A(3)(b) and 77(1)(b), and subsection 77(2)

899. Items 299 and 300 update references to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in paragraphs 76A(3)(b) and 77(1)(b) and subsection 77(2) of the Defence Reserve Service (Protection) Act 2001. Paragraph 76A(3)(b) currently provides that the Federal Court or the Federal Circuit Court is a relevant court in relation to the civil penalty provisions of the Act for the purposes of Part 4 of the Regulatory Powers (Standard Provisions) Act 2014. Paragraph 77(1)(b) provides that the Federal Court or the Federal Circuit Court may hear and determine matters arising under the Defence Reserve Service (Protection) Act 2001. Subsection 77(2) clarifies that this Act does not confer any criminal jurisdiction on the Federal Court of Australia or the Federal Circuit Court. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of paragraphs 76A(3)(b) and 77(1)(b), and subsection 77(2).

Designs Act 2003

Item 301 - Section 5 (definition of Federal Circuit Court )

900. Item 301 repeals the definition of 'Federal Circuit Court' in section 5 of the Designs Act 2003. Section 5 provides definitions to assist in interpreting the Act. The definition provides that 'Federal Circuit Court' means 'the Federal Circuit Court of Australia'. The definition is no longer required as the Federal Circuit Court will be continued as the FCFC (Division 2). Where references in the Act are made to the FCFC (Division 2), the reference is provided in full.

Item 302 - Section 5 (paragraph (aa) of the definition of prescribed court )

901. Item 302 repeals paragraph (aa) of the definition of 'prescribed court' in section 5 and replaces it with new paragraph (aa), which refers to 'the Federal Circuit and Family Court of Australia (Division 2)'. Section 5 provides definitions to assist in interpreting the Act. Currently, the Federal Circuit Court is defined as being a prescribed court under paragraph (aa) of the definition of 'prescribed court'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not alter the effect of the definition of 'prescribed court' in section 5.

Item 303 - Subsections 28(5), 50(6), 52(7), 54(4), 67(4) and 68(6)

902. Item 303 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsections 28(5), 50(6), 52(7), 54(4), 67(4) and 68(6). These subsections currently provide that appeals lie to the Federal Court or the Federal Circuit Court against decisions of the Registrar under the relevant sections. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subsections 28(5), 50(6), 52(7), 54(4), 67(4) and 68(6).

Item 304 - Section 82

903. Item 304 omits the second paragraph of the simplified outline of section 82 of Chapter 7 of the Act. The new paragraph updates the reference to the 'Federal Circuit Court' in the second paragraph to be 'Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not alter the intent of section 82.

Item 305 - Paragraph 83(2)(a)

904. Item 305 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in paragraph 83(2)(a). Paragraph 83(2)(a) currently provides that the jurisdiction of the Federal Court to hear and determine appeals from decisions of the Registrar is exclusive of the jurisdiction of any other court other than the jurisdiction of the Federal Circuit Court under subsection 83A(2). The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of paragraph 83(2)(a).

Item 306 - Section 83A (heading)

905. Item 306 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the heading to section 83A. The heading now reads 'Jurisdiction of the Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Items 307 to 309 - Section 83A, subsection 84(1), and subsection 86(3)

906. Items 307 to 309 update references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in section 83A, subsection 84(1), and subsection 86(3). Section 83A currently deals with the jurisdiction of the Federal Circuit Court to deal with matters arising under the Act. Section 84 deals with jurisdiction of prescribed courts other than the Federal Court or the Federal Circuit Court to deal with matters arising under the Act that may be brought in a prescribed court. Subsection 86(3) provides that section 86, dealing with transfer of proceedings, does not apply in relation to a transfer of proceeding between the Federal Court and the Federal Circuit Court. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of section 83A, subsection 84(1), and subsection 86(3).

Item 310 - Subsection 86(3) (note)

907. Item 310 repeals the note to subsection 86(3) and replaces it with two notes. The note currently provides a direction to legislative references that provide for transfers between the Federal Court and the Federal Circuit Court. The new notes update references from the Federal Circuit Court to the FCFC (Division 2), and update the legislative references for the transfer provisions. Clause 120 of the Federal Circuit and Family Court of Australia Bill 2019 provides the FCFC (Division 2) with the power to transfer matters, other than proceedings relating to family law matters, on its own initiative or on the application of a party to the Federal Court, though the Federal Court must confirm such a transfer under new section 32AD of the Federal Court Act. New section 32AC of the Federal Court Act provides the Federal Court with the power to transfer matters, other than proceedings relating to family law matters, on its own initiative or on the application of a party from the FCFC (Division 2). Amended section 32AB provides for discretionary transfer of civil proceedings to the FCFC. There are two notes because it is clearer to deal with transfers from the FCFC (Division 2) to the Federal Court separately from transfers from the Federal Court to the FCFC (Division 1).

Item 311 - Subsection 87(2)

908. Item 311 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 87(2). Subsection 87(2) currently provides that an appeal does not lie to the Full Court of the Federal Court from a judgment or order of a single judge of the Federal Court or the Federal Circuit Court in the exercise of its jurisdiction to hear and determine appeals from decisions of the Registrar other than with leave of the Federal Court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 87(2).

Item 312 - Section 88 (heading)

909. Item 312 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the heading to section 88. The heading now reads 'Powers of Federal Court and Federal Circuit and Family Court of Australia (Division 2) on hearing an appeal'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 313 - Sections 88 and 89

910. Item 313 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in sections 88 and 89. Section 88 currently deals with the powers of the Federal Court and the Federal Circuit Court on hearing an appeal against a decision or direction of the Registrar. Section 89 provides that the Registrar may appear and be heard at the hearing of an appeal against a decision or direction of the Registrar, even if the Registrar is not a party to the appeal. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of sections 88 and 89.

Do Not Call Register Act 2006

Item 314 - Section 4 (definition of Federal Circuit Court )

911. Item 314 repeals the definition of 'Federal Circuit Court' in section 4 of the Do Not Call Register Act 2006. Section 4 provides definitions to assist in interpreting the Act. Currently, the 'Federal Circuit Court' is defined as being the 'Federal Circuit Court of Australia'. The definition is no longer required as the Federal Circuit Court will be continued as the FCFC (Division 2). Where references in the Act are made to the FCFC (Division 1), the reference is provided in full.

Item 315 - Section 23

912. Item 315 omits the second dot point of the simplified outline of Part 4 of the Act and replaces it with a new dot point in section 23. The reference to the 'Federal Circuit Court' in the second dot point is updated to be 'Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not alter the intent of section 23.

Items 316 to 322 - Subsection 24(1), paragraphs 25(2)(a), (3)(b), (4)(b), (5)(b) and (6)(b), sections 26 and 28, paragraph 30(1)(a), subsection 30(3), paragraph 31(1)(a), and subsection 31(2)

913. Items 316 to 322 update references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in sections 24, 25, 26, 28, 30 and 31. Subsection 24(1) currently provides that the Federal Court or Federal Circuit Court may order a person pay to the Commonwealth a pecuniary penalty. Section 25 provides for the maximum penalties for contravention of the civil penalty provisions. Section 26 provides that the Federal Court or Federal Circuit Court may direct that 2 or more proceedings for civil penalty orders are to be heard together. Section 28 provides that the rules of evidence and procedure for civil matters must be applied in proceedings for a civil penalty order. Section 30 provides that the Federal Court or Federal Circuit Court may make an ancillary order of compensation. Section 31 provides that the Federal Court or Federal Circuit Court may make an ancillary order of recovery of financial benefit to the Commonwealth.

914. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subsection 24(1), paragraphs 25(2)(a), (3)(b), (4)(b), (5)(b) and (6)(b), sections 26 and 28, paragraph 30(1)(a), subsection 30(3), paragraph 31(1)(a), and subsection 31(2).

Item 323 - Section 33

915. Item 323 omits the dot point of the simplified outline of Part 5 of the Act and replaces it with a new dot point in section 33. The new dot point updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not alter the intent of section 33.

Item 324 - Sections 34, 35, 36 and 37

916. Item 324 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in sections 34, 35, 36 and 37. Section 34 currently deals with the ability of the Federal Court and Federal Circuit Court to grant restraining and performance injunctions. Section 35 provides that the Federal Court and Federal Circuit Court may grant an interim injunction but the courts are not to require any undertakings as to damages. Section 36 provides that the Federal Court or Federal Circuit Court may discharge or vary an injunction granted by it under Part 5 of the Act. Section 37 provides that certain limits on granting injunctions are not to apply. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of sections 34, 35, 36 and 37.

Item 325 - Section 38 (heading)

917. Item 325 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the heading to section 38. The heading now reads 'Other powers of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) unaffected'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Items 326 and 327 - Section 38, and paragraph 44(2)(a)

918. Items 326 and 327 update references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in section 38 and paragraph 44(2)(a). Section 38 currently provides that powers of the Federal Court and Federal Circuit Court under Part 5 are in addition to any other powers of courts. Section 44 provides that the regulations may give effect to international conventions. Paragraph 44(2)(a) provides that these regulations may vest the Federal Court or the Federal Circuit Court with jurisdiction in a matter or matters arising under the regulations. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of section 38, and paragraph 44(2)(a).

Item 328 - Clause 1 of Schedule 3

919. Item 328 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in clause 1 of Schedule 3. Clause 1 of Schedule 3 currently outlines the object of the Schedule, which is to set up a system of infringement notices for contraventions of civil penalty provisions as an alternative to the institution of proceedings in the Federal Court or the Federal Circuit Court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not alter the intent of clause 1 of Schedule 3.

Item 329 - Paragraph 3(1)(d) of Schedule 3

920. Item 329 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in paragraph 3(1)(d) of Schedule 3. Clause 3 lists the matters to include in infringement notices. Paragraph 3(1)(d) currently provides that infringement notices must contain a statement to the effect that the matter or matters will not be dealt with by the Federal Court or Federal Circuit Court if the penalty specified in the notice is paid to the ACMA, on behalf of the Commonwealth, within the specified timeframe. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of paragraph 3(1)(d) of Schedule 3.

Item 330 - Paragraph 7(c) of Schedule 3

921. Item 330 updates the reference to the 'Federal Court's or the Federal Circuit Court's discretion' to be 'discretion of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2)' in paragraph 7(c) of Schedule 3. Paragraph 7(c) currently provides that Schedule 3 does not limit the discretion of the Federal Court or Federal Circuit Court to determine the amount of a penalty to be imposed on a person who is found in proceedings under Part 4 of the Act to have committed a civil contravention. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of paragraph 7(c) of Schedule 3.

Education Services for Overseas Students Act 2000

Item 331 - Subsection 110B(1)

922. Item 331 updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 110B(1) of the Education Services for Overseas Students Act 2000. Section 110B currently provides for the enforcement of undertakings in the Federal Court or Federal Circuit Court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 110B(1).

Enhancing Online Safety Act 2015

Item 332 - Subsections 46(3), 47(3) and 48(3)

923. Item 332 updates references to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsections 46(3), 47(3) and 48(3) of the Enhancing Online Safety Act 2015. These subsections currently provide that the Federal Circuit Court is a relevant court for the purposes of Parts 4, 6 and 7, respectively of the Regulatory Powers (Standard Provisions) Act 2014. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subsections 46(3), 47(3) and 48(3).

Evidence Act 1995

Item 333 - Subsection 4(5A)

924. Item 333 updates the reference to the 'Family Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 1)' in subsection 4(5A) of the Evidence Act 1995. Section 4 outlines the courts and proceedings to which the Act applies. Subsection 4(5A) currently makes clear that the Act applies to an appeal to the Family Court of Australia from a court of summary jurisdiction of a State or Territory exercising jurisdiction under the Family Law Act. Paragraph 26(1)(e) of the FCFC Bill provides that appeals from a court of summary jurisdiction of a State or Territory (other than the Magistrates Court of Western Australia) exercising jurisdiction under the Family Law Act may be heard by the FCFC (Division 1). The amendments appropriately reflect the appeal pathways from State and Territory courts of summary jurisdiction exercising jurisdiction under the Family Law Act.

Extradition Act 1988

Item 334 - Section 5 (definition of eligible Federal Circuit Court Judge )

925. Item 334 repeals the definition of 'eligible Federal Circuit Court Judge' in section 5 of the Extradition Act 1988. Section 5 provides definitions of expressions used in the Act. This definition will be replaced by use of the term 'eligible Judge' throughout provisions in the Act under which Judges of the Federal Circuit Court of Australia can currently perform functions (see item 335). This is a consequential amendment to reflect the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2).

Item 335 - Section 5

926. Item 335 inserts a definition of 'eligible Judge' in section 5. Section 5 provides definitions of expressions used in the Act. An 'eligible Judge' will mean a Judge of the FCFC (Division 2). The expression 'eligible Judge' will be used throughout provisions in the Act under which FCFC (Division 2) Judges can perform functions. This item operates with item 334, which removes the definition of 'eligible Federal Circuit Court Judge'.

927. The new expression 'eligible Judge' will not alter the nature of the functions which are conferred under the legislation on Federal Circuit Court Judges under the new title.

Item 336 - Subsection 11(6)

928. Item 336 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in subsection 11(6). Section 11 provides for the modification of the Act in relation to certain countries, including clarifying the effect on the powers of magistrates in determining eligibility for surrender. Subsection 11(6) provides that certain provisions in regulations applying to the Act to extradition countries are not to modify the Act by expanding the operation of subsection 19(2). The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the functions which are conferred under subsection 11(6).

Item 337 - Paragraph 12(1)(a)

929. Item 337 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in paragraph 12(1)(a). Subsection 12(1) provides for eligible Federal Circuit Court Judges to issue extradition arrest warrants in specified circumstances. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the functions which are conferred under subsection 12(1).

Item 338 - Subsections 12(3) and 14(1)

930. Item 338 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in subsections 12(3) and 14(1). Subsection 12(3) provides for the Attorney-General to direct an eligible Federal Circuit Court Judge to cancel an extradition arrest warrant in certain circumstances, and subsection 14(1) provides that following receipt of necessary affidavit evidence, an eligible Federal Circuit Court Judge may issue a warrant authorising specified police officers to enter premises, search and seize a place or thing. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the functions which are conferred under subsections 12(3) and 14(1).

Item 339 - Sections 15 and 15A

931. Item 339 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' wherever it occurs in sections 15 and 15A. Section 15 provides for the remanding in custody or on bail of a person arrested under an extradition arrest warrant, and section 15A sets out a process for certain categories of person who may elect to waive extradition. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the functions which are conferred under sections 15 and 15A.

Item 340 - Subsections 15B(1) and (4) and 16(1)

932. Item 340 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in subsections 15B(1) and (4) and subsection 16(1). Subsections 15B(1) and (4) provide that where a magistrate or eligible Federal Circuit Court Judge has informed the Attorney-General that a person wishes to waive extradition and the Attorney-General determines that the person is not to be surrendered, the Attorney-General must, by notice in the statutory form, direct a magistrate or eligible Federal Circuit Court Judge to order the release of the person from custody. Subsection 16(1) provides that the Attorney-General may provide notice to any magistrate or eligible Federal Circuit Court Judge that an extradition request from an extradition country in relation to a person has been received. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the functions which are conferred under sections 15B and 16.

Item 341 - Subsections 16A(2) and (3)

933. Item 341 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in subsections 16A(2) and (3). Subsections 16A(2) and (3) provide for the Attorney-General to give an amended notice to a magistrate or eligible Federal Circuit Court Judge in writing in the statutory form before the magistrate or eligible Federal Circuit Court Judge has determined in accordance with section 19 that the person is eligible for surrender in relation to the extradition offence/s. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the functions which are conferred under section 16A.

Item 342 - Section 17

934. Item 342 replaces the references to 'eligible Federal Circuit Court Judge' with 'eligible Judge' wherever it occurs in section 17. Section 17 provides for the release of a person from custody or discharge of the recognizances on which bail was granted where a person is on remand under section 15 and the Attorney-General decides either not to give a notice under subsection 16(1) in relation to the person or that for any other reason remand should cease. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the functions which are conferred under section 17.

Item 343 - Subsections 18(1), (3) and (4)

935. Item 343 replaces the references to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in subsections 18(1), (3) and (4). Section 18 provides a process for a person to consent to their surrender to the extradition country. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the functions which are conferred under section 17.

Item 344 - Paragraph 19(1)(c)

936. Item 344 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in paragraph 19(1)(c). Subsection 19(1) provides for a magistrate or eligible Federal Circuit Court Judge to conduct proceedings to determine whether a person is eligible for surrender in relation to the extradition offence or extradition offences for which surrender is sought by the extradition country. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the functions which are conferred under section 19.

Item 345 - Subsection 19(9A)

937. Item 345 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in paragraph 19(9A). Subsection 19(9A) provides that a magistrate or eligible Federal Circuit Court Judge must not release a person on bail under paragraph 19(9)(a) unless there are special circumstances justifying such release. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the functions which are conferred under section 19.

Item 346 - Subparagraphs 19A(1)(b)(ii) and 20(1)(a)(ii)

938. Item 346 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in subparagraph 19A(1)(b)(ii). Section 19A provides for a person to consent to being surrendered in respect of one or more extradition offences not specified in the notice given under subsection 16(1) in certain circumstances. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the functions which are conferred under section 19A.

939. This item also replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in subparagraph 20(1)(a)(ii). Section 20 provides for a person to consent to being surrendered in respect of one or more offences that are not extradition offences in certain circumstances. This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the functions which are conferred under section 20.

Item 347 - Subsection 21(1)

940. Item 347 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in subsection 21(1). Section 21 provides for the Federal Court to review an order of a magistrate or eligible Federal Circuit Court Judge made under subsection 19(9) or 19(10). The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment to reflect the new name of the Court and does not alter the operation of section 21.

Item 348 - Subsection 22(1) (paragraph (a) of the definition of eligible person )

941. Item 348 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in paragraph (a) of the definition of 'eligible person' in subsection 22(1). Section 22 provides for the Attorney-General to determine whether an eligible person is to be surrendered to the extradition country. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the operation of section 22.

Item 349 - Paragraphs 22(5)(a) and (b)

942. Item 349 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in paragraphs 22(5)(a) and (b). Subsection 22(5) provides for the Attorney-General to direct a magistrate or eligible Federal Circuit Court Judge to order an eligible person's release or discharge of bail recognisances where the Attorney-General has determined that the person is not to be surrendered to the extradition country. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the functions which are conferred under section 22.

Item 350 - Paragraph 26(1)(ca)

943. Item 350 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in paragraph 26(1)(ca). Subsection 26(1) provides requirements for a surrender warrant or temporary surrender warrant in relation to a person. Paragraph 26(1)(ca) provides that if the person has been released on bail, the warrant shall allow a police officer to take the person into custody and bring the person before a magistrate or eligible Federal Circuit Court Judge for the purposes of the discharge of the recognisances on which bail was granted. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the functions which are conferred under section 26.

Item 351 - Subsection 26(2A)

944. Item 351 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in subsection 26(2A). Subsection 26(2A) provides that where a person is brought before a magistrate or eligible Federal Circuit Court Judge as referred to in paragraph 26(1)(ca), the magistrate or Judge must order the discharge of the recognisances on which bail was granted and that the person be committed to prison to await surrender under the warrant. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the functions which are conferred under section 26.

Item 352 - Paragraphs 28(a) and 29(a)

945. Item 352 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in paragraph 28(a). Section 28 provides for the indorsement of a New Zealand warrant by a magistrate or eligible Federal Circuit Court Judge. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the functions which are conferred under section 28.

946. This item also replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in paragraph 29(a). Section 29 provides for the issue of a warrant for a person's arrest where an application is made on behalf of New Zealand to a magistrate or eligible Federal Circuit Court Judge in certain circumstances. This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the functions which are conferred under section 29.

Item 353 - Subsection 31(1)

947. Item 353 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in subsection 31(1). Section 31 provides circumstances in which a magistrate or eligible Federal Circuit Court Judge may issue a search and seizure warrant in relation to a request for extradition from Australia to New Zealand. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the functions which are conferred under section 31.

Item 354 - Section 32

948. Item 354 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in section 32. Section 32 provides for a person who is arrested under an indorsed New Zealand warrant or under a provisional arrest warrant to be remanded in custody or on bail. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the functions which are conferred under section 32.

Item 355 - Paragraphs 33(c) and 34(1)(b)

949. Item 355 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in paragraph 33(c) and paragraph 34(1)(b). Section 33 provides circumstances for the release from remand of a person in relation to a request for extradition from Australia to New Zealand. Section 34 provides for the issuing of surrender warrants by a magistrate or eligible Federal Circuit Court Judge in certain circumstances. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the functions which are conferred under section 33 and 34.

Item 356 - Subsections 35(1) and (2)

950. Item 356 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in subsections 35(1) and (2). Subsection 35(1) provides for the review of an order made by a magistrate or eligible Federal Circuit Court Judge under section 34. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the operation of section 35.

Item 357 - Subsections 43(1), (2) and (3)

951. Item 357 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in subsections 43(1), (2) and (3). Section 43 provides for the taking of evidence by a magistrate or eligible Federal Circuit Court Judge proceedings to be conducted before review of an order made by a magistrate or eligible Federal Circuit Court Judge under section 34. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the functions which are conferred under section 43.

Item 358 - Paragraph 45(1)(a)

952. Item 358 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in paragraph 45(1)(a). Section 45 provides a process for prosecuting a person in lieu of their extradition. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the operation of section 45.

Item 359 - Section 45A (heading)

953. Item 359 replaces the reference to 'Federal Circuit Court Judges' with 'Judges of the Federal Circuit and Family Court (Division 2)' in the heading to section 45A. This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the operation of the section.

Item 360 - Subsections 45A(1) and (2)

954. Item 360 replaces the references to 'Federal Circuit Court of Australia' with 'Federal Circuit and Family Court (Division 2)' in subsections 45A(1) and (2). These are consequential amendments that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and do not alter the operation of those subsections.

Item 361 - Subsection 45A(2)

955. Item 362 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in subsection 45A(2). Section 45A provides for a Federal Circuit Court Judge to, with their consent, be nominated by the Attorney-General as an eligible judge for the purposes of the Extradition Act 1988. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment to that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the operation of the section.

956. The validity of existing consents and nominations would not be affected by these amendments by virtue of item 18 of Schedule 5.

Item 362 - Subsection 45B (heading)

957. Item 362 replaces the reference to 'Federal Circuit Court Judges' with 'Judges of the Federal Circuit and Family Court (Division 2)' in the heading to section 45A. This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the operation of section 45B.

Item 363 - Subsections 45B(1) and (3)

958. Item 363 replaces the references to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in subsections 45B(1) and (3). Section 45B provides that a function or power conferred on an eligible Federal Circuit Court Judge is conferred in a personal capacity and not as a court or a member of a court. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the functions which are conferred under section 45B.

Item 364 - Section 46A

959. Item 364 replaces the references to 'eligible Federal Circuit Court Judge' with 'eligible Judge' wherever they occur in section 46A. Section 46A provides for how a notice is to be given under subsections 12(3), 15B(4), 16(1), 16A(2), 17(1) or 43(1) of the Act to an eligible Federal Circuit Court Judge. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the operation of the section.

Item 365 - Subparagraphs 48(1)(b)(iii) and (iv)

960. Item 365 replaces the references to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in subparagraphs 48(1)(b)(iii) and (iv). Section 48 provides for the transit of a person in custody through Australia where the person is being surrendered to an extradition country or New Zealand from a third country. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the functions which are conferred under section 48.

Item 366 - Subsection 49(2)

961. Item 366 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in subsection 49(2). Section 49 provides for the arrest of a person without warrant where there are reasonable grounds to believe that a person has escaped from custody authorised by the Act. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the functions which are conferred under section 49.

Item 367 - Section 49B

962. Item 367 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in section 49B. Section 49B provides for the arrest of a person without warrant where there are reasonable grounds to believe that a person has contravened or is about to contravene a term or condition of a recognisance on which bail was granted under the Act. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the functions which are conferred under section 49A.

Item 368 - Paragraph 55(c)

963. Item 368 replaces the references to 'eligible Federal Circuit Court Judge' with 'eligible Judge' wherever they occur in paragraph 55(c). Section 55 provides for the making of regulations under the Act including prescribing the practice and procedure in relation to the performance of magistrates and eligible Federal Circuit Court Judges' functions under the Act. The expression 'eligible Judge' will be defined in the Act (see item 335). This is a consequential amendment that reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not alter the operation of section 55.

Fair Work Act 2009

Item 369 - Section 12 (definition of Federal Circuit Court )

964. Item 369 repeals the definition for 'Federal Circuit Court', contained within section 12 of the Fair Work Act 2009. Section 12 provides the definitions for terms contained within the Act. This definition is no longer required as the Federal Circuit Court will be continued as 'Federal Circuit and Family Court of Australia (Division 2)'. Where references in the Act are made to the 'Federal Circuit and Family Court of Australia (Division 2)' the title of that Court is provided in full.

Item 370 - Subsections 417(3), 421(3) and 422(1)

965. Item 370 amends subsections 417(3), 421(3) and 422(1) of the Act. These provisions relate to the powers of the Federal Court and the Federal Circuit Court to grant injunctions in the circumstances specified. Item 370 amends these subsections by removing references to the 'Federal Circuit Court of Australia' and replacing them with 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively impact on the operation of these subsections.

Item 371 - Section 537

966. Item 371 amends section 537, which provides a guide to the interpretation of Part 4-1 of the Act. Part 4-1 relates to civil remedies. Item 371 omits the paragraph of the guide, which refers to the Federal Circuit Court, and replaces it with a new paragraph. The new paragraph substitutes the reference to the 'Federal Circuit Court' with the 'Federal Circuit and Family Court of Australia (Division 2)'. This reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 372 - Subsection 539(2) (table)

967. Item 372 amends subsection 539(2), which provides a table outlining standing, jurisdiction and maximum penalties in the context of orders made under the specified sections of the Act. This item removes all references to the 'Federal Circuit Court' in the table, and replaces them with 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively impact on the operation of this subsection.

Item 373 - Section 543

968. Item 373 amends section 543, which provides that a national system employer or a national system employee may apply to the Federal Court or the Federal Circuit Court to enforce an entitlement of the employer or employee arising under subsection 542(1). This item removes the reference to the 'Federal Circuit Court of Australia' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively impact on the operation of this section.

Item 374 - Subsection 545(1) (heading)

969. Item 374 amends the heading to subsection 545(1) by replacing the reference to 'Federal Circuit Court' with 'Federal Circuit and Family Court of Australia (Division 2)'. The complete heading to the subsection now reads 'Federal Court and Federal Circuit and Family Court of Australia (Division 2)' appropriately reflecting the continuation of the Federal Circuit Court under the new name.

Item 375 - Subsections 545(1) and (2) and 546(1)

970. Item 375 amends subsections 545(1) and (2) and 546(1), which relate to orders the Court can make in the circumstances specified. This item amends subsections by removing the references to the 'Federal Circuit Court' and replacing them with 'Federal Circuit and Family Court of Australia (Division 2)'. The item allows these subsections to appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2), and does not substantively impact on the operation of these subsections.

Item 376 - Paragraph 548(1)(a)

971. Item 376 amends paragraph 548(1)(a), which deals with small claims procedure. This item removes the reference to the 'Federal Circuit Court of Australia' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively impact on the operation of this section.

Item 377 - Paragraph 558C(3)(b)

972. Item 377 amends paragraph 558C(3)(b) by repealing it and replacing it with 'the Federal Circuit and Family Court of Australia (Division 2)'. The paragraph currently enables proceedings to be instituted in the Federal Circuit Court and the amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively impact on the operation of this section.

Item 378 - Section 560

973. Item 378 repeals section 560 and replaces it with a new section. Section 560 currently provides a guide to the interpretation of Part 4-2 of the Act, which relates to jurisdiction and powers of courts. Item 378 repeals the section and substitutes a new guide which replaces all references to the 'Federal Circuit Court' with 'Federal Circuit and Family Court of Australia (Division 2)'. The new section does not substantively depart from the existing section, and simply makes changes to reflect the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 379 - Paragraphs 563(f), (g) and (h)

974. Item 379 amends paragraphs 563(f), (g) and (h). These paragraphs provide that the jurisdiction conferred on the Federal Court under section 562 is to be exercised in the Fair Work Division of the Federal Court if:

•

an appeal is instituted in the Federal Court from a judgment of the Federal Circuit Court or a court of a State or Territory in a matter arising under this Act; or

•

proceedings in relation to a matter arising under this Act are transferred to the Federal Court from the Federal Circuit Court; or

•

the Federal Circuit Court or a court of a State or Territory states a case or reserves a question for the consideration of the Federal Court in a matter arising under this Act.

This item removes all references to the 'Federal Circuit Court' and replaces them with 'Federal Circuit and Family Court of Australia (Division 2)'. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of the paragraphs.

Item 380 - Division 3 of Part 4-2 of Chapter 4 (heading)

975. Item 380 amends the heading to Division 3 of Part 4-2 of Chapter 4. Item 380 replaces the reference to 'Federal Circuit Court' with 'Federal Circuit and Family Court of Australia (Division 2)'. The heading will now read 'Division 3 - Jurisdiction and powers of the Federal Circuit and Family Court of Australia (Division 2)'.

Item 381 - Section 566 (heading)

976. Item 381 amends the heading to section 566. Item 355 replaces the reference to 'Federal Circuit Court' with 'Federal Circuit and Family Court of Australia (Division 2)'. The heading will now read 'Conferring jurisdiction on the Federal Circuit and Family Court of Australia (Division 2)'.

Item 382 - Section 566

977. Item 382 amends section 566. Section 566 provides that jurisdiction is conferred on the Federal Circuit Court in relation to any civil matter arising under this Act. This item removes the reference to the 'Federal Circuit Court' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment reflects the continuation of the Federal Circuit Court as the FCFC (Division 2), and does not substantively alter the operation of this section.

Item 383 - Section 567 (heading)

978. Item 383 amends the heading to section 567 by removing the reference to the 'Federal Circuit Court' and replacing it with 'Federal Circuit and Family Court of Australia (Division 2)'. The heading will now read 'Exercising jurisdiction in the Fair Work Division of the Federal Circuit and Family Court of Australia (Division 2)'.

Item 384 - Section 567

979. Item 384 amends section 567. Section 567 provides the circumstances for when jurisdiction conferred on the Federal Circuit Court under section 566 is to be exercised in the Fair Work Division of the Federal Circuit Court. This item omits the words 'Federal Circuit Court under section 566 is to be exercised in the Fair Work Division of the Federal Circuit Court' from the section and replaces them with 'Federal Circuit and Family Court of Australia (Division 2) under section 566 is to be exercised in the Fair Work Division of the Court'. Reference to 'the Court' means the FCFC (Division 2). This amendment reflects the continuation of the Federal Circuit Court as the FCFC (Division 2), and does not substantively alter the operation of this section.

Item 385 - Paragraph 567(a)

980. Item 385 amends paragraph 567(a), which provides that jurisdiction conferred on the Federal Circuit Court under section 566 is to be exercised in the Fair Work Division of the Federal Circuit Court if an application is made to the Federal Circuit Court under the Act. This item amends this section by removing the words 'Federal Circuit'. This amendment flows from the amendments made in the item above, and reference to 'the Court' in paragraph (a) means the FCFC (Division 2). This amendment reflects the continuation of the Federal Circuit Court as the FCFC (Division 2), and does not substantively alter the operation of the paragraph.

Item 386 - Paragraph 567(b)

981. Item 386 amends paragraph 567(b), which provides that jurisdiction conferred on the Federal Circuit Court under section 566 is to be exercised in the Fair Work Division of the Federal Circuit Court if an injunction is sought under section 15 of the Federal Circuit Court Act in relation to a matter arising under this Act. This item omits the words 'section 15 of the Federal Circuit Court of Australia Act 1999' and replaces them with 'section 140 of the Federal Circuit and Family Court of Australia Act 2019'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and updates the legislative reference to the correct section of the FCFC Bill. The amendment does not substantively alter the operation of the paragraph.

Item 387 - Paragraph 567(c)

982. Item 387 amends paragraph 567(c), which provides that jurisdiction conferred on the Federal Circuit Court under section 566 is to be exercised in the Fair Work Division of the Federal Circuit Court if a declaration is sought under section 16 of the Federal Circuit Court Act in relation to a matter arising under the Act. Item 361 omits the words 'section 16 of the Federal Circuit Court of Australia Act 1999' and replaces them with 'section 141 of the Federal Circuit and Family Court of Australia Act 2019'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and updates the legislative reference to the correct section of the FCFC Bill. The amendment does not substantively alter the operation of the paragraph.

Item 388 - Paragraph 567(d)

983. Item 388 amends paragraph 567(d), which provides that jurisdiction conferred on the Federal Circuit Court under section 566 is to be exercised in the Fair Work Division of the Federal Circuit Court if proceedings in relation to a matter arising under the Act are transferred to the Federal Circuit Court from the Federal Court. This item omits the words 'Federal Circuit Court' and replaces them with 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment reflects the ongoing operation of the Federal Circuit Court as the FCFC (Division 2), and does not substantively alter the operation of this section.

Item 389 - Paragraph 567(e)

984. Item 389 amends paragraph 567(e), which provides that jurisdiction conferred on the Federal Circuit Court under section 566 is to be exercised in the Fair Work Division of the Federal Circuit Court if the High Court remits a matter arising under this Act to the Federal Circuit Court. This item omits the words 'Federal Circuit Court' and replaces them with 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment reflects the ongoing operation of the Federal Circuit Court as the FCFC (Division 2), and does not substantively alter the operation of this section.

Item 390 - Section 568

985. Item 390 repeals section 568 and replaces it with a new section. The heading of section 568 provides there is no limitation on Federal Circuit Court's powers. The body of the section provides that 'to avoid doubt, nothing in this Act limits the Federal Circuit Court's powers under section 14, 15 or 16 of the Federal Circuit Court of Australia Act 1999'. This item repeals this section and substitutes it with a new section. The new heading to the new section provides there is 'No limitation on powers of the Federal Circuit and Family Court of Australia (Division 2)'. The body of the section provides 'to avoid doubt, nothing in this Act limits the powers of the Federal Circuit and Family Court of Australia (Division 2) under section 139, 140 or 141 of the Federal Circuit and Family Court of Australia Act 2019'. This amendment reflects the updated nomenclature and provides the legislative reference to the correct clauses of the FCFC Bill. The amendment does not substantively depart from the operation of the existing section.

Item 391 - Paragraph 576(2)(ca)

986. Item 391 repeals paragraph 576(2)(ca) and substitutes it with a new paragraph. The new paragraph 576(2)(ca) provides that the Fair Work Commission (FWC) has the following functions: mediating any proceedings, part of proceedings or matter arising out of any proceedings that, under section 53A of the Federal Court Act or clause 169 of FCFC Bill, have been referred by the Fair Work Division of the Federal Court or FCFC (Division 2) to the FWC for mediation. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and provides the legislative reference to the correct section of the Federal Circuit and Family Court of Australia Act 2019. The new paragraph does not substantively depart from the operation of the existing paragraph.

Item 392 - Subsections 627(1A) and (2A)

987. Item 392 amends subsections 627(1A) and (2A). Section 627 relates to the qualifications for appointment of FWC members. Subsection 627(1A) currently provides that paragraph 627(1)(a) does not apply to a person who is a Judge of the Federal Circuit Court. Subsection 627(2A) provides that subparagraph 627(2)(a)(i) does not apply to a person who is a Judge of the Federal Circuit Court. This item omits the references to the 'Federal Circuit Court' in both subsections and replaces them with 'Federal Circuit and Family Court of Australia (Division 2)'. Item 392 does not substantively impact on the current operation of these subsections - it reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2).

Item 393 - Subsection 641B(2) (table item 4, column 2)

988. Item 393 amends a table in subsection 641B(2), which provides for modified application of the Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012. This item removes the reference to 'Family Court of Australia or the Federal Circuit Court of Australia' and replaces it with 'Federal Circuit and Family Court of Australia (Division 1) or the Federal Circuit and Family Court of Australia (Division 2)'. This amendment reflects the ongoing operation of the Family Court as the FCFC (Division 1) and the ongoing operation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of this section.

Item 394 - Section 653A (heading)

989. Item 394 amends the heading to section 653A. This item removes the reference to the 'Federal Circuit Court' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. The heading will now read 'Arrangements with the Federal Court and the Federal Circuit and Family Law Court of Australia (Division 2)'.

Item 395 - Section 653A

990. Item 394 amends section 653A, which provides that the General Manager may make a written arrangement with the Federal Court or the Federal Circuit Court for the FWC to provide administrative support to the Fair Work Division of the Court. This item removes the reference to the 'Federal Circuit Court' and replaces it with 'Federal Circuit and Family court of Australia (Division 2)'. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively impact the operation of the section.

Item 396 - Subsection 715(6)

991. Item 396 amends subsection 715(6), which provides that if the Fair Work Ombudsman considers that the person who gave the undertaking (as provided for in subsection 715(2)) has contravened any of its terms, the Fair Work Ombudsman may apply to the Federal Court, the Federal Circuit Court or an eligible State or Territory Court for an order under subsection (7). Item 369 removes the reference to the 'Federal Circuit Court' from the body of the section and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively impact on the operation of this section.

Item 397 - Paragraph 716(3)(e)

992. Item 397 amends paragraph 716(3)(e), which provides that the notice (as provided for in subsection 716(2)) must explain that the person may apply to the Federal Court, the Federal Circuit Court or an eligible State or Territory Court for a review of the notice on either or both of the following grounds: (i) the person has not committed a contravention set out in the notice; (ii) the notice does not comply with subsection (2) or this subsection. This item amends this subsection by removing the reference to the 'Federal Circuit Court' and replacing it with 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively impact on the operation of this section.

Item 398 - Subsection 717(1)

993. Item 398 amends subsection 717(1), which provides that a person who has been given a notice under section 716 may apply to the Federal Court, the Federal Circuit Court or an eligible State or Territory Court for a review of the notice on either or both of the following grounds: (a) the person has not committed a contravention set out in the notice; (b) the notice does not comply with subsection 716(2) or (3). This item removes the reference to the 'Federal Circuit Court' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively impact on the operation of this section.

Item 399 -Paragraphs 789CD(3)(b) and 789CE(4)(b)

994. Item 399 amends paragraphs 789CD(3)(b) and 789CE(4)(b). Paragraph 789CD(3)(b) provides that the proceedings under subsection 789CD(1) may be commenced in the Federal Circuit Court. Paragraph 789CE(4)(b) provides that the entity may, in accordance with section 789CE, commence proceedings in the Federal Circuit Court against the responsible person for payment to the entity of the recoverable amount. This item removes the references to the 'Federal Circuit Court' and replaces them with 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively impact the operation of this section.

Fair Work (Registered Organisations) Act 2009

Item 400 - Section 6 (definition of Federal Circuit Court )

995. Item 400 repeals the definition of 'Federal Circuit Court' in section (6) of the Fair Work (Registered Organisations) Act 2009. Section 6 provides definitions to assist in interpreting the Act. The definition is no longer required as the Federal Circuit Court will be continued as 'Federal Circuit and Family Court of Australia (Division 2)'. Where references in the Act are made to the 'Federal Circuit and Family Court of Australia (Division 2)', the title of that Court is provided in full.

Item 401 - Subsections 337BB(1) and (6)

996. Item 401 amends subsections 337BB(1) and (6). Both subsections provide the Federal Court or Federal Circuit Court with the power to make orders in specified circumstances. This item amends these subsections to remove the references to the 'Federal Circuit Court' and replace them with 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively impact on the operation of this section.

Item 402 - Section 353A (heading)

997. Item 402 amends the heading to section 353A by replacing the reference to the 'Federal Circuit Court' with 'Federal Circuit and Family Court of Australia (Division 2)'. The heading will now read 'Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)'.

Item 403 -Subsection 353A(1)

998. Item 403 amends subsection 353A(1). Subsection 353A(1) currently provides that section 353A applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit Court, other than a proceeding in relation to an appeal under section 565 of the Fair Work Act or a proceeding in relation to an offence against a law of the Commonwealth. This item replaces the reference to the 'Federal Circuit Court' with 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively impact on the operation of the subsection.

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Item 404 - Subitem 16(1) of Schedule 16 (table)

999. Item 404 amends subitem 16(1) of Schedule 16 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, which provides a table outlining standing, jurisdiction and maximum penalties for the purposes of item 16 of Schedule 16. This item removes references to the 'Federal Circuit Court' wherever they occur within the table, and substitutes them with 'Federal Circuit and Family Court of Australia (Division 2)'. The amendments reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively impact on the operation of the subitem.

Item 405 - Item 17 of Schedule 16

1000. Item 405 amends item 17 of Schedule 16, which provides that the Federal Court and the Federal Circuit Court may not make an order under Division 2 of Part 4-1 granting an injunction, or an interim injunction, to prevent, stop or remedy the effects of a contravention of certain instruments or legislation. This item removes the reference to the 'Federal Circuit Court' and replaces it with 'Federal Circuit and Family Court of Australia Division 2)'. This amendment reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively impact on the operation of this item.

Item 406 - Paragraphs 22(f), (g) and (h) of Schedule 17

1001. Item 406 amends paragraphs 22(f), (g) and (h) of Schedule 17. Item 22 provides the circumstances under which the jurisdiction conferred on the Federal Court under item 21 is to be exercised in the Fair Work Division of the Federal Court. This item removes the references to the 'Federal Circuit Court' in paragraphs 22(f), (g) and (h) and replaces those references with 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively impact on the operation of the paragraphs.

Item 407 - Item 25 of Schedule 17 (heading)

1002. Item 407 amends the heading to item 25 of Schedule 17. This item removes the reference to the 'Federal Circuit Court' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. The heading will now read 'Conferring jurisdiction on the Federal Circuit and Family Court of Australia (Division 2)'.

Item 408 - Item 25 of Schedule 17

1003. Item 408 amends item 25 of Schedule 17. Item 25 of Schedule 17 provides that jurisdiction is conferred on the Federal Circuit Court in relation to any civil matter arising under the Act or the Workplace Relations Act 1996 as it continues to apply because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. This item removes the reference to the 'Federal Circuit Court' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively impact on the operation of this item.

Item 409 - Heading to item 26 of Schedule 17

1004. Item 409 amends the heading to item 26 of Schedule 17. This item removes the reference to the 'Federal Circuit Court' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. The heading will now read 'Exercising jurisdiction in the Fair Work Division of the Federal Circuit and Family Court of Australia (Division 2)'.

Item 410 - Item 26 of Schedule 17

1005. Item 410 amends item 26 of Schedule 17. Item 26 of Schedule 17 outlines the circumstances for when jurisdiction conferred on the Federal Circuit Court under item 25 is to be exercised in the Fair Work Division of the Federal Circuit Court. This item omits the words 'Federal Circuit Court under item 25 is to be exercised in the Fair Work Division of the Federal Circuit Court' and replaces them with 'Federal Circuit and Family Court of Australia (Division 2) under item 25 is to be exercised in the Fair Work Division of the Court'. Reference to 'the Court' means the FCFC (Division 2). This amendment reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively impact on the operation of this section.

Item 411 - Paragraph 26(a) of Schedule 17

1006. Item 411 amends paragraph 26(a) of Schedule 17, which provides that jurisdiction conferred on the Federal Circuit Court under item 25 is to be exercised in the Fair Work Division of the Federal Circuit Court if an application is made to the Federal Circuit Court under the Act or the Workplace Relations Act 1996 as it continues to apply because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. Following the change made by item 410 above, item 411 now amends paragraph 26(a) of Schedule 17 to remove the words 'Federal Circuit'. The new paragraph 26(a) reads 'an application is made to the Court under this Act or the WR Act as it continues to apply because of this Act'. This amendment ensures that the correct court is referenced wherever appropriate, to reflect the change to the name of the Federal Circuit Court and its ongoing operation as the FCFC (Division 2).

Item 412 - Paragraph 26(b) of Schedule 17

1007. Item 412 amends paragraph 26(b) of Schedule 17, which provides that jurisdiction conferred on the Federal Circuit Court under item 25 is to be exercised in the Fair Work Division of the Federal Circuit Court if an injunction is sought under section 15 of the Federal Circuit Court Act in relation to a matter arising under Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 or the Workplace Relations Act 1996 as it continues to apply because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. Item 412 amends paragraph 26(b) to omit the words 'section 15 of the Federal Circuit Court of Australia Act 1999' and substitute them with 'section 140 of the Federal Circuit and Family Court of Australia Act 2019'. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and provides the legislative reference to the correct clause of the FCFC Bill. The new paragraph does not substantively impact on the operation of the paragraph.

Item 413 - Paragraph 26(c) of Schedule 17

1008. Item 413 amends paragraph 26(c) of Schedule 17, which provides that jurisdiction conferred on the Federal Circuit Court under item 25 is to be exercised in the Fair Work Division of the Federal Circuit Court if a declaration is sought under section 16 of the Federal Circuit Court Act in relation to a matter arising under Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 or the Workplace Relations Act 1996 as it continues to apply because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. Item 413 amends paragraph 26(c) of Schedule 17 to omit the words 'section 16 of the Federal Circuit Court of Australia Act 1999' and substitute them with 'section 141 of the Federal Circuit and Family Court of Australia Act 2019'. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and provides the legislative reference to the correct clause of the FCFC Bill. The new paragraph does not substantively impact on the operation of the paragraph.

Item 414 - Paragraph 26(d) of Schedule 17

1009. Item 414 amends paragraph 26(d) of Schedule 17, which provides that jurisdiction conferred on the Federal Circuit Court under item 25 is to be exercised in the Fair Work Division of the Federal Circuit Court if proceedings in relation to a matter arising under the Act, or the Workplace Relations Act 1996 as it continues to apply because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, are transferred to the Federal Circuit Court from the Federal Court. Item 414 removes the reference to the 'Federal Circuit Court' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment ensures that the correct court is referenced wherever appropriate, to reflect the change to the name of the Federal Circuit Court and its ongoing operation as the FCFC (Division 2).

Item 415 - Paragraph 26(e) of Schedule 17

1010. Item 415 amends paragraph 26(e) of Schedule 17, which provides that jurisdiction conferred on the Federal Circuit Court under item 25 is to be exercised in the Fair Work Division of the Federal Circuit Court if the High Court remits a matter arising under the Act or the Workplace Relations Act 1996 as it continues to apply because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 to the Federal Circuit Court. Item 415 removes the reference to the 'Federal Circuit Court' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment ensures that the correct court is referenced wherever appropriate, to reflect the change to the name of the Federal Circuit Court and its ongoing operation as the FCFC (Division 2).

Item 416 - Item 27 of Schedule 17

1011. Item 416 repeals item 27 of Schedule 17 and replaces it with a new item. The heading of item 27 of Schedule 27 currently provides 'No limitation on Federal Circuit Court's powers'. The body of item 27 currently provides 'to avoid doubt, nothing in this Act limits the Federal Circuit Court's powers under section 14, 15 or 16 of the Federal Circuit Court of Australia Act 1999.' The heading of new item 27 reads 'No limitation on powers of the Federal Circuit and Family Court of Australia (Division 2)'. The body of new item 27 provides 'to avoid doubt, nothing in this Act limits the powers of the Federal Circuit and Family Court of Australia (Division 2) under section 139, 140 or 141 of the Federal Circuit and Family Court of Australia Act 2019.' The new item appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and provides the legislative reference to the correct clauses of the FCFC Bill. The new item does not substantively depart from the operation of the existing item.

Family Court of Western Australia (Orders of Registrars) Act 1997

Item 417 - Section 11

1012. Item 417 amends section 11 of the Family Court of Western Australia (Orders of Registrars) Act 1997. Section 11 currently provides that 'Nothing in this Act applies to an order declared to be invalid by the Full Court of the Family Court before the commencement of the corresponding Western Australian Act'. This item clarifies that section 11 relates to the Family Court of Australia by replacing 'Family Court' with 'Family Court of Australia'. The provision does not need to be amended to replace the reference to the Family Court with the FCFC (Division 1) as the section relates to orders declared to be invalid by the Full Court of the Family Court before the commencement of the relevant Western Australian legislation.

Item 418 - Subsection 12(1)

1013. Item 418 amends section 12(1), which currently confers jurisdiction on the Family Court and the Supreme Court of the Northern Territory. This item omits the first occurrence of 'Family Court' and substitutes it with 'Federal Circuit and Family Court of Australia (Division 1)'. This would have the effect of conferring jurisdiction on the FCFC (Division 1) and the FCFC (Division 1) for matters arising under the Family Court of Western Australia (Orders of Registrars) Act 1997.

Federal Proceedings (Costs) Act 1981

Item 419 - Subsection 3(1) (definition of Family Court )

1014. Item 419 repeals the definition of 'Family Court' from section 3(1) of the Federal Proceedings (Costs) Act 1981.

Item 420- Subsection 3(1) (paragraph (d) of the definition of Federal appeal )

1015. Item 420 omits 'Family Court' from paragraph (d) of the definition of 'Federal appeal' in subsection 3(1). It instead substitutes 'Federal Circuit and Family Court of Australia (Division 1)'. This amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1).

Item 421 - Subsection 3(1) (paragraph (fa) of the definition of Federal appeal )

1016. Item 421 omits 'Federal Circuit Court' from the definition of 'Federal appeal' (fa) in subsection 3(1). Paragraph (fa) currently provides that 'federal appeal' means 'an appeal to the Federal Court from a judgment of the Federal Circuit Court'. This item instead substitutes provision that a 'federal appeal' will includes an appeal to the Federal Court from a judgment of the Federal Circuit and Family Court of Australia (Division 2)'.

Item 422 - Subsection 3(1) (subparagraph (ga)(ii) of the definition of Federal appeal )

1017. Item 422 omits 'Federal Circuit Court' from subparagraph (ga)(ii) of the definition of 'Federal appeal' in subsection 3(1). It instead substitutes 'Federal Circuit and Family Court of Australia (Division 2). This amendment appropriately reflects the creation of the FCFC.

Item 423 - Subsection 3(1) (paragraphs (j) to (k) of the definition of Federal appeal )

1018. Item 423 repeals paragraphs (j) to (k) of the definition of 'Federal appeal' in subsection 3(1). Currently, those paragraphs provide that a federal appeal is: an appeal to the Full Court of the Family Court from a judgment of the Family Court constituted otherwise than as a Full Court (paragraph (j)); an appeal to the Family Court from a judgment of the Federal Circuit Court (paragraph (ja)); and an appeal to the Family Court from a judgment of a court of a State, a court of an internal Territory (including the Northern Territory) or a court of Norfolk Island (paragraph (k)).

1019. Item 423 instead substitutes the following definition of 'Federal appeal' into new paragraphs '(j):an appeal to the Full Court of the Federal Circuit and Family Court of Australia (Division 1) from a judgment of the Federal Circuit and Family Court of Australia (Division 1) constituted by a single Judge; or (ja) an appeal to the Federal Circuit and Family Court of Australia (Division 1) from a judgment of the Federal Circuit and Family Court of Australia (Division 2); or (k) an appeal to the Federal Circuit and Family Court of Australia (Division 1) from a judgment of a court of a State, a court of an internal Territory (including the Northern Territory) or a court of Norfolk Island. This amendment reflects the fact that, as a result of the creation of the FCFC (Division 1) in the Federal Court, the FCFC will only hear appeals from decisions of courts of summary jurisdiction.

Item 424 - Subsection 3(1)

1020. Item 424 inserts a definition of 'Federal Circuit and Family Court of Australia' into subsection 3(1) to ensure that a reference to the FCFC is a reference to either the FCFC (Division 1) or FCFC (Division 2).

Item 425 - Subsection 3(1) (definition of Federal Circuit Court )

1021. Item 425 repeals the definition of 'Federal Circuit Court' from subsection 3(1).

Item 426 - Subsection 10(1)

1022. Item 426 omits the reference to the 'Family Court, the Federal Circuit Court' from subsection 10(1) and instead substitutes 'the Federal Circuit and Family Court of Australia'. The amendment appropriately reflects the continuation of the Family Court and the Federal Circuit Court as the FCFC (Division 1) and FCFC (Division 2), respectively.

Item 427 - Schedule (table item dealing with the Family Court)

1023. Item 427 repeals the table item dealing with the Family Court in the schedule. The schedule sets out the prescribed maximum amount for a payment under the Act. Item 427 retains the amount listed for the Family Court (being $2000) when substituting in a reference to the 'Federal Circuit and Family Court of Australia' into the table. The amendment appropriately reflects the continuation of the Family Court and the Federal Circuit Court as the FCFC (Division 1) and FCFC (Division 2), respectively.

Foreign Acquisitions and Takeovers Act 1975

Item 428 - Paragraph 99(3)(b)

1024. Item 428 amends paragraph 99(3)(b) of the Foreign Acquisitions and Takeovers Act 1975. For the purposes of Part 4 of the Regulatory Powers (Standard Provisions) Act 2014, subsection 99(3) of the Foreign Acquisitions and Takeovers Act 1975 prescribes the relevant courts in relation to the civil penalty provisions contained in the Foreign Acquisitions and Takeovers Act 1975. Existing paragraph 99(3)(b) prescribes the Federal Circuit Court of Australia. This item repeals this paragraph and replaces it with new paragraph (b) which prescribes the Federal Circuit and Family Court (Division 2). This amendment reflects the continuation of the Federal Circuit Court of Australia as the FCFC (Division 2).

Item 429 - Subsection 132(1)

1025. Item 429 amends section 132, which relates to the powers of the courts to enforce the Treasurer's orders. Currently, subsection 132(1) provides that, subject to the criteria in the subsection, the Federal Court, the Federal Circuit Court or the Supreme Court of a State or Territory may make orders. This item amends section 132 to replace the reference to the Federal Circuit Court with the FCFC (Division 2). This amendment reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Foreign Evidence Act 1994

Item 430 - Subsection 3(1) (paragraph (b) of the definition of superior court )

1026. Item 430 omits 'Family Court of Australia' from paragraph (b) of the definition of 'superior court' in subsection (3)(1) of the Foreign Evidence Act 1994. It instead substitutes 'Federal Circuit and Family Court of Australia (Division 1)'. Under the new court structure, the FCFC (Division 1) will continue to be a superior court of record. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and the continuation of the Court as a superior court.

Item 431 - Division 2 of Part 2 (heading)

1027. Item 431 omits 'Federal Circuit Court of Australia' from the heading of Division 2 of Part 2, which relates to the examination of witnesses abroad. It instead substitutes 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment reflects the continuation of the Federal Circuit Court of Australia as the FCFC (Division 2).

Item 432 - Section 9A (heading)

1028. Item 432 omits 'Federal Circuit Court' from the heading of section 9A, which relates to orders for taking evidence abroad. It instead substitutes 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment reflects the continuation of the Federal Circuit Court of Australia as the FCFC (Division 2).

Item 433 - Subsection 9A(1)

1029. Item 433 repeals subsection 9A(1) which relates to orders for taking evidence abroad in child support or family law matters. It instead substitutes a new subsection that has replaced references to the 'Family Court of Australia' with the 'Federal Circuit and Family Court of Australia (Division 1)', and references to the 'Federal Circuit Court of Australia' with the 'Federal Circuit and Family Court of Australia (Division 2)'. This new subsection appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 434 - Subsection 9A(2)

1030. Item 434 omits 'Federal Circuit Court of Australia' from subsection 9A(2) which relates to orders for taking evidence abroad in matters other than child support or family law matters. It instead substitutes 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 435 - Paragraph 11(1)(a)

1031. Item 435 omits 'Family Court of Australia' from paragraph 11(1)(a) which relates to orders for taking evidence abroad in family law matters. It instead substitutes 'Federal Circuit and Family Court of Australia (Division 1)'. This amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1).

Item 436 - Subsection 11(2) (paragraph (a) of the definition of appropriate court )

1032. Item 436 omits 'Family Court of Australia' from the definition of 'appropriate court' in subsection 11(2) which relates to orders for taking evidence abroad in family law matters. It instead substitutes 'Federal Circuit and Family Court of Australia (Division 1)'. This amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1).

Item 437 - Subsection 12(1)

1033. Item 437 omits 'Federal Circuit Court of Australia' from subsection 12(1) which relates to the use of evidence taken in an examination. It instead substitutes 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 438 - Paragraph 12(2)(a)

1034. Item 438 omits 'Federal Circuit Court of Australia's satisfaction or the inferior court's satisfaction' from paragraph 12(2)(a) which relates to the use of evidence taken in an examination. It instead substitutes 'satisfaction of the Federal Circuit and Family Court of Australia (Division 2) or the inferior court'. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 439 - Subsection 15(1)

1035. Item 439 omits 'Federal Circuit Court of Australia' from subsection 15(1). Subsection 15(1) relates to a court's power to exclude evidence obtained under Part 2 from the proceeding, even if it is otherwise permissible. Part 2 relates to the examination of witnesses abroad. This item instead substitutes 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Freedom of Information Act 1982

Item 440 - Subsection 5(1B) (heading)

1036. Item 440 omits 'Family Court Judges' from the heading to subsection 5(1B) of the Freedom of Information Act 1982. Subsection 5(1B) provides that the Freedom of Information Act 1982 does not apply to any request for access to a document of a court (other than a court of Norfolk Island) exercising powers or performing functions under paragraph 21B(1A)(c) and subclause 21B(1B) of the Family Law Ac t, or assisting in exercising those powers or performing those functions. This item instead substitutes 'Judges of the Federal Circuit and Family Court of Australia (Division 1)'. This amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1).

Item 441 - Paragraph 5(1B)(a)

1037. Item 441 repeals paragraph 5(1B)(a). Subsection 5(1B)(a) provides that the Freedom of Information Act 1982 does not apply to any request for access to a document of a court (other than a court of Norfolk Island) exercising powers or performing functions under paragraph 21B(1A)(c) and subclause 21B(1B) of the Family Law Act. This item substitutes new paragraphs under the FCFC Bill so that the Freedom of Information Act 1982 does not apply to any request for access to a document of a court (other than a court of Norfolk Island) exercising powers or performing functions under paragraph 47(2)(d) and subclause 48(1) of the FCFC Bill. This amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1).

Item 442 - Subsection 5(1C) (heading)

1038. Item 442 omits 'Federal Circuit Court of Australia' from the heading to subsection 5(1C) of the Freedom of Information Act 1982. Subsection 5(1C) provides that the Bill does not apply to any request for access to a document of a court (other than a court of Norfolk Island) that relates to complaint handler (or a body consisting of complaint handlers) exercising powers or performing functions under paragraph 12(3)(c) and subclause 12(3AA) of the Federal Magistrates Act 1999 or assisting in exercising those powers or performing those functions. This item instead substitutes 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 443 - Paragraph 5(1C)(a)

1039. Item 443 repeals paragraph 5(1C)(a). Subsection 5(1C)(a) provides that the Bill does not apply to any request for access to a document of a court (other than a court of Norfolk Island) that relates to complaint handler (or a body consisting of complaint handlers) exercising powers or performing functions under paragraph 12(3)(c) and subclause 12(3AA) of the Federal Magistrates Act 1999. This item instead substitutes new paragraphs under the FCFC Bill so that the Freedom of Information Act 1982 does not apply to any request for access to a document of a court (other than a court of Norfolk Island) that relates to complaint handler (or a body consisting of complaint handlers) exercising powers or performing functions under paragraph 144(2)(d) and subclause 145(1) of the FCFC Bill. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 444 - Subsections 64(7) and (8) and 67(4) and (5)

1040. Item 444 omits 'Federal Circuit Court of Australia' (wherever occurring) from subsections 64(7) and (8) (which relates to the production of documents) and 67(4) and (5) (which currently provides for the automatic stay of an AAT decision to give access to a document where an agency or Minister institutes an appeal in the Federal Court against that decision.) Item 444 instead substitutes 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Government Procurement (Judicial Review) Act 2018

Item 445 - Section 3

1041. Item 445 omits the first two bullet points in section 3 and substitutes it with new text that replaces references to the Federal Circuit Court with references to the Federal Circuit and Family Court of Australia (Division 2). Section 3 provides a simplified overview of the Government Procurement (Judicial Review) Act 2018. The substantive operation of the exiting section is not changed by the new section only references to the names of the courts.

Item 446 - Section 4 (definition of Federal Circuit Court)

1042. Item 446 repeals the definition of the Federal Circuit Court which currently means the 'Federal Circuit Court of Australia'. This amendment reflects the continuation of the Federal Circuit Court in the Federal Circuit and where reference is made to the Family Court of Australia (Division 2), that reference is made in full.

Item 447 - Section 8

1043. Item 447 repeals section 8 and replaces section 8 with new text which replace references to the Federal Circuit Court with references to the Federal Circuit and Family Court of Australia (Division 2). Section 8 provides a simplified outline of part 2 of the Government Procurement (Judicial Review) Act 2018. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively impact on the operation of the section.

Item 448 - Subsection 9(1) and (2)

1044. Item 448 omits references to the 'Federal Circuit Court', substitutes references to 'Federal Circuit and Family Court of Australia (Division 2)'. Subsection 9(1) and (2) provide a mechanism for the courts to grant injunctions as a corrective measure to ensure that the procuring entity complies with the relevant Commonwealth Procurement Rules. These amendments appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively impact on the operation of the subsections.

Item 449 - Paragraph 10(1)(a)

1045. Item 449 omits references to the 'Federal Circuit Court' and substitutes references to 'Federal Circuit and Family Court of Australia (Division 2)'. Paragraph 10 provides for the balance of interests being in favour of compensatory remedies rather than disruption to the procurement process where a public interest certificate is issued. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively impact on operation of the paragraph.

Item 450 - Sections 11 and 14

1046. Item 450 omits references to the 'Federal Circuit Court' and substitutes 'Federal Circuit and Family Court of Australia (Division 2)'. Section 11 sets out the limitations on the courts to grant an injunction in relation to a convention or proposed contravention of the Commonwealth procurement Rules and section 14 provides that the injunction powers under this Part are additional to, not in replace of any other powers of the courts. These amendments appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively impact on the operation of the sections.

Item 451 - Section 15

1047. Item 451 repeals section 15 and replaces section 15 with new text which replace references to the 'Federal Circuit Court' with references to the 'Federal Circuit and Family Court of Australia (Division 2)'. Section 16 provides a simplified outline for Part 3. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively impact on the operation of the sections.

Item 452 - Section 16

1048. Item 452 omits 'Federal Circuit Court' and substitutes this with a reference to the 'Federal Circuit and Family Court of Australia (Division 2)'. Section 16 provides the courts with the authority to order the payment of compensation as a remedy to a valid supplier procurement complaint. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively impact on the operation of the section.

Great Barrier Reef Marine Park Amendment (Authority Governance and Other Matters) Act 2018

Item 453 - Paragraph 10(2)(b) of Schedule 2

1049. Item 453 replaces a reference to the 'Federal Circuit Court of Australia' with 'the Federal Circuit and Family Court of Australia (Division 2)' in paragraph 10(2)(b) of Schedule 2 of the Great Barrier Reef Marine Park Amendment (Authority Governance and Other Matters) Act 2019. Section 10 provides that if the Commonwealth and a person do not agree to the amount of compensation payable by the Commonwealth, the person may institute proceedings for recovery in the Federal Circuit Court of Australia. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively affect the operation of the paragraph.

Greenhouse and Energy Minimum Standards Act 2012

Item 454 - Section 5 (paragraph (b) of the definition of issuing officer )

1050. Item 454 repeals paragraph (b) of the definition of 'issuing officer' in section 5 of the Greenhouse and Energy Minimum Standards Act 2012. Paragraph (b) provides that an issuing officer means 'a Judge of the Federal Circuit Court of Australia'. Item 454 instead substitutes 'a Judge of the Federal Circuit and Family Court of Australia (Division 2)'. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 455 - Section 5 (paragraph (aa) of the definition of relevant court )

1051. Item 455 repeals paragraph (aa) of the definition of 'relevant court' in section 5. Paragraph (aa) will be inserted by Schedule 7 of the Regulatory Powers (Standardisation Reform) Act 2017, which will commence before the commencement day. Item 455 instead substitutes 'the Federal Circuit and Family Court of Australia (Division 2)'. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Healthcare Identifiers Act 2010

Item 456 - Paragraphs 31C(3)(b), 31D(3)(b) and 31E(3)(b)

1052. Item 456 repeals paragraphs 31C(3)(b), 31D(3)(b) and 31E(3)(b) of the Healthcare Identifiers Act 2010. For the purposes of civil penalty provisions (section 31C), enforceable undertakings (section 31D) and injunctions (section 31E), those paragraphs provide that a relevant court is the Federal Circuit Court of Australia. Item 456 instead substitutes 'the Federal Circuit and Family Court of Australia (Division 2)'. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Higher Education Support Act 2003

Item 457 - Subclause 1(1) of Schedule 1 (paragraph (b) of the definition of applicable court )

1053. Item 457 repeals paragraph (b) of the definition of 'applicable court' in subclause 1(1) of Schedule 1 of the Higher Education Support Act 2003 and replaces it with new paragraph (b), which refers to 'the Federal Circuit and Family Court of Australia (Division 2)'. Subclause 1(1) of Schedule 1 provides definitions to assist in interpreting the Act. Paragraph (b) of the definition of 'applicable court' currently provides that the Federal Circuit Court is an applicable court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not affect the meaning of 'applicable court' in subclause 1(1).

Item 458 - Subclause 1(1) of Schedule 1 (paragraph (c) of the definition of judicial officer )

1054. Item 458 repeals paragraph (c) of the definition of 'judicial officer' of subclause 1(1) of Schedule 1 and replaces it with new paragraph (c), which refers to 'a Judge of the Federal Circuit and Family Court of Australia (Division 2)'. Subclause 1(1) of Schedule 1 provides definitions to assist in interpreting the Act. Paragraph (c) of the definition of 'judicial officer' currently provides that judicial officer means a Judge of the Federal Circuit Court of Australia. The amendment appropriately reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2).

Horse Disease Response Levy Collection Act 2011

Item 459 - Paragraph 13(11)(b)

1055. Item 459 repeals paragraph 13(11)(b) of the Horse Disease Response Levy Collection Act 2011 and replaces it with new paragraph (b), which refers to 'the Federal Circuit and Family Court of Australia (Division 2)'. Paragraph 13(11)(b) is to be inserted by Schedule 8 to the Regulatory Powers (Standardisation Reform) Act 2017, and provides that the Federal Circuit Court is a relevant court in relation to the levy law and to the information mentioned in subsection 13(2) for the purposes of Part 2 of the Regulatory Powers (Standardisation Provisions) Act 2014. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively affect the operation of paragraph 13(11)(b).

Item 460 - Subsection 19(2)

1056. Item 453 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 19(2). Section 19 is to be inserted by Schedule 8 to the Regulatory Powers (Standardisation Reform) Act 2017, and provides for Commonwealth compensation for acquisition of property from a person otherwise than on just terms. Subsection 19(2) currently provides that if the Commonwealth and the person do not agree on the amount of compensation, the person may institute proceedings in the Federal Court or the Federal Circuit Court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively affect the operation of subsection 19(2).

Human Rights Legislation Amendment Act 2017

Item 461 - Subitem 58(9) of Schedule 2

1057. Item 461 updates the reference to 'or the Federal Circuit Court' to be ', the Federal Circuit Court of Australia or the Federal Circuit and Family Court of Australia (Division 2)' in subitem 58(9) of Schedule 2 of the Human Rights Legislation Amendment Act 2017. Schedule 2 provides for amendment of the Australian Human Rights Commission Act 1986. Subitem 58(9) of Schedule 2 currently provides that certain amendments in relation to an application made to the Federal Court or the Federal Circuit Court under section 46PO of the Australian Human Rights Commission Act 1986 will apply if the relevant complaint was lodged after the commencement of item 58. The amendment includes both the Federal Circuit Court and the FCFC (Division 2) to ensure all applications are captured. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Illegal Logging Prohibition Act 2012

Item 462 - Paragraph 21(5)(c)

1058. Item 462 updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in paragraph 21(5)(c) of the Illegal Logging Prohibition Act 2012. Paragraph 21(5)(c) currently provides that a Judge of the Federal Circuit Court or a Judge of the Federal Court who has consented to act as an issuing officer for the purposes of the Act is an issuing officer in relation to the provisions mentioned in subsection 21(1) and the information mentioned in subsection 21(2) for the purposes of Part 2 of the Regulatory Powers (Standard Provisions) Act 2014. The amendment appropriately reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not affect the operation of paragraph 21(5)(c).

Item 463 - Paragraph 21(9)(b)

1059. Item 463 repeals paragraph 21(9)(b) and replaces it with new paragraph (b), which refers to 'the Federal Circuit and Family Court of Australia (Division 2)'. Paragraph 21(9)(b) currently provides that the Federal Circuit Court is a relevant court in relation to the provisions mentioned in subsection 21(1) and the information mentioned in subsection 21(2) for the purposes of Part 2 of the Regulatory Powers (Standard Provisions) Act 2014. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not affect the operation of paragraph 21(9)(b).

Item 464 - Paragraph 22(4)(c)

1060. Item 464 updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in paragraph 22(4)(c). Paragraph 22(4)(c) currently provides that Judge of the Federal Circuit Court or a Judge of the Federal Court who has consented to act as an issuing officer for the purposes of the Act is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection 22(1) for the purposes of Part 3 of the Regulatory Powers (Standard Provisions) Act 2014. The amendment appropriately reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not affect the operation of paragraph 22(4)(c).

Item 465 - Paragraphs 22(8)(b) and 23(3)(b)

1061. Item 465 repeals paragraphs 22(8)(b) and 23(3)(b) and replaces them with new paragraph which refer to 'the Federal Circuit and Family Court of Australia (Division 2)'. Paragraphs 22(8)(b) and 23(3)(b) currently provide that the Federal Circuit Court is a relevant court in relation to the matters specified for the purposes of Parts 3 and 4, respectively of the Regulatory Powers (Standard Provisions) Act 2014. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of paragraphs 22(8)(b) and 23(3)(b).

Imported Food Control Act 1992

Item 466 - Paragraphs 22(11)(b) and 23(8)(b), 24(3)(b) and 26(3)(b)

1062. Item 466 repeals paragraphs 22(11)(b) and 23(8)(b), 24(3)(b) and 26(3)(b) and replaces them with new paragraphs which refer to the 'Federal Circuit and Family Court of Australia (Division 2)'. Paragraphs 22(11)(b) and 23(8)(b), 24(3)(b) and 26(3)(b) currently provide that the Federal Circuit Court is a relevant court in relation to monitoring powers in relation to the Imported Food Control Act 1992. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of paragraphs 22(11)(b) and 23(8)(b), 24(3)(b) and 26(3)(b).

Income Tax Assessment Act 1997

Item 467 - Subsection 126-15(2) (example)

1063. Item 467 updates the reference to 'The Family Court' to 'A court' in the example to subsection 126-15(2) of the Income Tax Assessment Act 1997. Section 126-15 deals with a capital gains tax (CGT) event involving a company or a trustee. The amendment appropriately reflects the fact that the reference to the Family Court is no longer relevant, as the Family Court will continue in existence as the FCFC (Division 1), and that other courts can make such orders. The amendment does not alter the intent of the example to subsection 126-15(2).

Independent Contractors Act 2006

Item 468 - Section 4 (definition of Court )

1064. Item 468 updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in section 4 of the Independent Contractors Act 2006. Section 4 provides definitions to assist in interpreting the Act. Currently, the definition of 'Court' means 'the Federal Court of Australia or the Federal Circuit Court of Australia'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively affect the meaning of the definition of 'Court' in section 4.

Item 469 - Subsection 12(1) (note)

1065. Item 469 repeals the note to subsection 12(1) and replaces it with a new note to subsection 1 2(1). Subsection 12(1) provides that an application may be made to a Court to review a services contract. The note currently provides legislative references for transferring proceedings from the Federal Circuit Court to the Federal Court. The new note appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and refers to the correct provisions for the transferring of matters from the FCFC (Division 2) to the Federal Court (including new section 32AC of the Federal Court Act, which allows the Federal Court to transfer a matter pending in the FCFC (Division 2) to the Federal Court on its own motion or on the application of a party to the proceedings).

Item 470 - Section 15 (note)

1066. Item 470 updates the reference to 'Part 4 of the Federal Circuit Court of Australia Act 1999' to be 'Part 5 of Chapter 4 of the Federal Circuit and Family Court of Australia Act 2019' in the note to section 15. Section 15 provides for the powers of the Court in reviewing a services contract. The note to section 15 currently provides legislative references to alternative dispute resolution methods. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and updates the legislative reference to the correct part of the FCFC Bill.

Item 471 - Section 16 (note 2)

1067. Item 471 updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in note 2 to section 16. Section 16 provides for the orders that a Court may make in relation to a services contract. Note 2 to section 16 currently provides the legislative reference for appeals to the Federal Court from judgments of the Federal Circuit Court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Industrial Chemicals Act 2019

Item 472 - Section 9 (paragraph (c) of the definition of issuing officer )

1068. Item 472 omits a reference to the 'Federal Circuit Court of Australia' and substitutes it for a reference of 'Federal Circuit and Family Court of Australia (Division 2)'. Section 9 provides a definition for issuing officer and paragraph (c) provides that if a Judge of the Federal Circuit Court of Australia or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force then they are considered an issuing officer. This amendment will update references to the Federal Circuit Court of Australia to the FCFC (Division 2). This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 473 - Section 9 (paragraph (b) of the definition of relevant court )

1069. Item 473 repeals paragraph (b) of the definition of relevant court and substitutes the text with 'the Federal Circuit and Family Court of Australia (Division 2); or'. Section 9 provides the definition of relevant court. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively impact on the operation of the section.

Industrial Chemicals (Notification and Assessment) Act 1989

Item 474- Paragraphs 83(3)(b), 85(9)(b) and 86(8)(b)

1070. Item 474 repeals paragraphs 83(3)(b), 85(9)(b) and 86(8)(b) of the Industrial Chemicals (Notification and Assessment) Act 1989 and replaces them with new paragraphs (b), which refer to 'the Federal Circuit and Family Court of Australia (Division 2)'. Paragraphs 83(3)(b), 85(9)(b) and 86(8)(b) are to be inserted by Schedule 5 to the Regulatory Powers (Standardisation Reform) Act 2017, and currently provide that the Federal Circuit Court is a relevant court in relation to the matters specified for the purposes of Parts 7, 2 and 3, respectively of the Regulatory Powers (Standard Provisions) Act 2014. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of paragraphs 83(3)(b), 85(9)(b) and 86(8)(b).

Inspector-General of Live Animal Exports Act 2019

Item 475 - paragraph 33(3)(b)

1071. Item 475 repeals the paragraph and substitutes 'the Federal Circuit and Family Court of Australia (Division 2)'. Paragraph 33(3) provides that, for the purposes of Part 4 of the Regulatory Powers Act, each of the following will be a relevant court in relation to the civil penalty provisions in the Federal Court, the Federal Circuit Court or a court of a State or Territory that has jurisdiction in relation to matters arising under the Bill. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Insurance Contracts Act 1984

Item 476 - Subsection 11(1) (paragraph (b) of the definition of relevant court )

1072. Item 476 repeals the paragraph and substitutes 'the Federal Circuit and Family Court of Australia (Division 2); or'. Subsection 11 provides the definition of relevant court. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018

Item 477 - Subitem 223(2) of Schedule 2

1073. Item 477 omits 'Federal Circuit Court and substitutes this with 'Federal Circuit and Family Court of Australia (Division 2)' in subitem 223(2). Item 223 provides that the amendments made by this Part apply to infringements of the Plant Breeders Rights that occur on or after the commencement of that Part. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 478 - Subitem 237(2) of Schedule 2

1074. Item 478 omits 'Federal Circuit Court' and substitutes 'Federal Circuit and Family Court of Australia (Division 2) into subitem 237(2) of Schedule 2. Item 237 provides that the amendments in this Part apply to infringement actions where the relevant conduct occurs on or after the commencement of that Part. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Interactive Gambling Act 2001

Item 479 - Section 4 (definition of Federal Circuit Court )

1075. Item 479 repeals the definition of 'Federal Circuit Court' in section 4 of the Interactive Gambling Act 2001. Section 4 provides definitions to assist in interpreting the Act. Currently, the 'Federal Circuit Court' is defined as being the 'Federal Circuit Court of Australia'. The definition is no longer required as the Federal Circuit Court will be continued as the FCFC (Division 2). Where references in the Act are made to the FCFC (Division 2), the reference is provided in full.

Item 480 - Paragraphs 64B(3)(b) and 64D(3)(b)

1076. Item 480 repeals paragraphs 64B(3)(b) and 64D(3)(b) and replaces them with new paragraphs (b), which refer to 'the Federal Circuit and Family Court of Australia (Division 2)'. Paragraphs 64B(3)(b) and 64D(3)(b) currently provide that the Federal Circuit Court is a relevant court in relation to the matters specified for the purposes of Part 4 and Part 7, respectively of the Regulatory Powers (Standard Provisions) Act 2014. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of paragraphs 64B(3)(b) and 64D(3)(b).

Judges (Long Leave Payments) Act 1979

Item 481 - Title

1077. Item 481 updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the title of the Judges (Long Leave Payment s) Act 1979. The title now reads 'An Act to make provision for payments, in lieu of long leave, on the retirement or death of certain Judges (other than Justice of the High Court and Judges of the Federal Circuit Court of Australia) and persons having the status of Judges'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 482 - Section 3 (paragraph (a) of the definition of Judge )

1078. Item 482 updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' of paragraph (a) of the definition of 'Judge' in section 3. Section 3 provides definitions to assist in interpreting the Act. Paragraph (a) of the definition of 'Judge' currently provides that Judge means 'a Judge of a federal court (other than the High Court or the Federal Circuit Court of Australia)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the definition of 'Judge' in section 3.

Item 483 - After section 3A

1079. Item 483 inserts new section 3B into the Act. The new section is an avoidance of doubt provision, which seeks to clarify that a person may satisfy the definition of 'Judge' even in circumstances where the person also holds office as a Judge of the FCFC (Division 2). The provision confirms that a Judge with a dual commission to a federal court (other than the High Court) and the FCFC (Division 2) will be a 'Judge' for the purposes of the Judges (Long Leave Payments) Act 1979.

Judges' Pensions Act 1968

Item 484 - Subsection 4(1) (paragraph (a) of the definition of appropriate current judicial salary )

1080. Item 484 updates paragraph references in paragraph (a) of the definition of 'appropriate current judicial salary' in subsection 4(1) of the Judges Pensions Act 1968. Subsection 4(1) provides definitions to assist in interpreting the Act. Paragraph (a) provides that an appropriate current judicial salary in relation to a Judge who has retired or died, except for Judges referred to in paragraph (b), (c), (d) or (e), means a salary at the rate that would be payable to the Judge if he or she had not retired or died. The new paragraph references are to paragraphs (b), (ba), (bb), (c), (da), (db) or (e). The amendment appropriately reflects the introduction of paragraphs (ba), (bb), (da) and (dd) by items 485 and 486.

Item 485 - Subsection 4(1) (after paragraph (b) of the definition of appropriate current judicial salary )

1081. Item 485 inserts paragraphs (ba) and (bb) following paragraph (b) of the definition of 'appropriate current judicial salary' in subsection 4(1). Subsection 4(1) provides definitions to assist in interpreting the Act. New paragraph (ba) ties the appropriate current judicial salary in relation to a former Chief Justice of the Family Court who has retired or died to the salary payable to the Chief Justice of the FCFC (Division 1). New paragraph (bb) ties the appropriate current judicial salary in relation to a former Deputy Chief Justice of the Family Court who has retired or died to the salary payable to the Chief Justice of the FCFC (Division 1). These additions appropriately reflect the continuation of the Family Court as the FCFC (Division 1).

Item 486 - Subsection 4(1) (after paragraph (d) of the definition of appropriate current judicial salary )

1082. Item 486 inserts paragraphs (da) and (db) following paragraph (d) of the definition of 'appropriate current judicial salary' in subsection 4(1). Subsection 4(1) provides definitions to assist in interpreting the Act. New paragraph (da) ties the appropriate current judicial salary in relation to a former Senior Judge of the Family Court, other than a Chief Justice or Deputy Chief Justice, who has retired or died to the salary payable to a Senior Judge of the FCFC (Division 1). New paragraph (db) ties the appropriate current judicial salary in relation to a former Judge of the Family Court, other than a Chief Justice, Deputy Chief Justice or Senior Judge, who has retired or died to the salary payable to a Judge of the FCFC (Division 1). These additions appropriately reflect the continuation of the Family Court as the FCFC (Division 1).

Item 487 - Subsection 4(1)

1083. Item 487 inserts a new definition of the 'Family Court of Australia' into subsection 4(1). Subsection 4(1) provides definitions to assist in interpreting the Act. The new definition provides that 'Family Court of Australia means the federal court known, immediately before the commencement of the Federal Circuit Court of Australia Act 2019, as the Family Court of Australia'.

Item 488 - Subsection 4(1) (paragraph (a) of the definition of Judge )

1084. Item 489 updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in paragraph (a) of the definition of 'Judge' in subsection 4(1). Subsection 4(1) provides definitions to assist in interpreting the Act. Paragraph (a) of the definition of Judge currently provides that 'a Justice or Judge of a federal court (other than the Federal Circuit Court of Australia)' is a Judge. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the definition of 'Judge' in subsection 4(1).

Item 489 - Subsection 4(1) (at the end of the definition of Judge )

1085. Item 489 inserts a note at the end of the definition of 'Judge' in subsection 4(1). The note refers to section 5 to assist in determining whether a person is captured by the definition of 'Judge' in circumstances where a person holds more than one judicial office.

Item 490 - At the end of section 5

1086. Item 490 inserts new subsection (3) in section 5. Section 5 provides for Judges serving in more than one judicial office. The new subsection is an avoidance of doubt provision, which seeks to clarify that a person may satisfy the definition of 'Judge' even in circumstances where the person also holds office as a Judge of the FCFC (Division 2). The provision confirms that a Judge with a dual commission to a federal court and the FCFC (Division 2) will be a 'Judge' for the purposes of the Judges' Pensions Act 1968.

Judicial and Statutory Officers (Remuneration and Allowances) Act 1984

Item 491 - Part 2 of the Schedule (cell at table item dealing with Chief Justice of the Family Court of Australia, column 1)

1087. Item 491 amends Part 2 of the Schedule of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 by repealing the cell dealing with the 'Chief Justice of the Family Court of Australia' and substituting with a reference to the 'Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)'. This amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not alter the substantive operation of the provision.

Item 492 - Part 2 of the Schedule (cell at table item dealing with Deputy Chief Justice of the Family Court of Australia, column 1)

1088. Item 492 amends Part 2 of the Schedule by repealing the cell dealing with the 'Deputy Chief Justice of the Family Court of Australia' and substituting with a reference to the 'Deputy Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)'. This amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not alter the substantive operation of the provision.

Item 493 - Part 2 of the Schedule (cell at table item dealing with Judge assigned to the Appeal Division of the Family Court of Australia (other than the Chief Justice or the Deputy Chief Justice))

1089. Item 493 amends Part 2 of the Schedule by repealing the item dealing with 'Judge assigned to the Appeal Division of the Family Court of Australia (other than the Chief Justice or the Deputy Chief Justice)'. This amendment reflects that Judges will no longer be assigned to an Appeal Division of the FCFC (Division 1). While the FCFC (Division 2) retains the Family Court's appellate jurisdiction, it will not have an Appeal Division.

Item 494 - Part 2 of the Schedule (cell at table item dealing with Senior Judge of the Family Court of Australia)

1090. Item 494 amends Part 2 of the Schedule by repealing the cell dealing with 'Senior Judge of the Family Court of Australia' and substituting with a reference to 'Senior Judge of the Federal Circuit and Family Court of Australia (Division 1)'. This amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not alter the substantive operation of the provision.

Item 495 - Part 2 of the Schedule (cell at table item dealing with Any other Judge of the Family Court of Australia, column 1)

1091. Item 495 amends Part 2 of the Schedule by repealing the cell dealing with 'Any other Judge of the Family Court of Australia' and substituting with a reference to 'Any other Judge of the Federal Circuit and Family Court of Australia (Division 1)'. This amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not alter the substantive operation of the provision.

Item 496 - Part 2 of the Schedule (cell at table item dealing with Judicial Registrar of the Family Court of Australia, column 1)

1092. Item 496 amends Part 2 of the Schedule by repealing the table item dealing with 'Judicial Registrar of the Family Court of Australia'. This amendment appropriately reflects the discontinuation of the role of Judicial Registrar of the Family Court as the FCFC (Division 1).

Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012

Item 497 - Section 4

1093. Item 497 amends section 4 of the Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 by omitting the current opening paragraph to the section and substituting a new paragraph. Section 4 provides an overarching guide to the Act, the first paragraph of which provides that under the Act, the Houses of Parliament may each pass a resolution, in the same session, establishing a Commission to investigate an allegation of misbehaviour of a Commonwealth judicial officer (being a High Court judge, or a judge of the Federal Court, the Family Court or the Federal Circuit Court.

1094. This item inserts a new paragraph which replaces the references to the Family Court of Australia and the Federal Circuit Court of Australia with references to the FCFC (Division 1) and the FCFC (Division 2), respectively. This amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and the Federal Circuit Court as the FCFC (Division 2), and does not change the substantive operation of the provision.

Items 498 and 499 - Paragraphs 19(6)(b) and (c)

1095. Items 498 and 499 amend paragraphs 19(6)(b) and (c) of the Act, by repealing paragraph 16(6)(b), and by omitting the reference to the 'Federal Circuit Court of Australia Act 1999' and substituting 'Federal Circuit and Family Court of Australia Act 2019'. Paragraph 19(6)(b) provides that an official investigation under the Act includes an investigation into a complaint about a Judge within the meaning of the Family Law Ac t, and paragraph 19(6)(c) provides the equivalent within the meaning of the Federal Circuit Court Act . This amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1), the Federal Circuit Court as the FCFC (Division 2) and does not alter the substantive operation of the provisions.

Judiciary Act 1903

Item 500 - Paragraph 23(2)(a)

1096. Item 500 removes the words 'the Family Court of Australia' from paragraph 23(2)(a) of the Judiciary Act 1903and substitutes the words the Federal Circuit and Family Court of Australia (Division 1). Paragraph 23(2)(a) provides for the situation where Justices of the High Court are sitting as a Full Court and are divided in opinion, the decision of superior courts or a Judge of such a court will be affirmed. The amendments reflect the continuation of the Family Court as the FCFC (Division 1) and do not otherwise substantively impact on the operation of the paragraph.

Item 501 - Paragraph 39B(1EA)(a)

1097. Item 501 updates the reference to the 'Family Court of Australia, the Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia' in paragraph 39B(1EA)(a). See item 505 for further guidance on the definition of the FCFC. Subsection 39B(1EA) currently provides for the jurisdiction of the courts mentioned in paragraphs 39B(1EA)(c) and (d) in relation to an appeal specified in paragraphs 39B(1EA)(a) and (b). The amendment appropriately reflects the continuation of the Family Court and the Federal Circuit Court as the FCFC (Division 1) and FCFC (Division 2).

Item 502 - Paragraph 39B(1EA)(b)

1098. Item 502 substitutes the reference to the 'Family Court of Australia' with 'Federal Circuit and Family Court of Australia' in paragraph 39B(1EA)(b). See item 505 for further guidance on the definition of the FCFC. Subsection 39B(1EA) provides for the jurisdiction of the courts mentioned in paragraphs 39B(1EA)(c) and (d) in relation to an appeal specified in paragraphs 39B(1EA)(a) and (b). The amendment reflects the new federal court appeal structure which allows both the FCFC (Division 1) and the FCFC (Division 2) to hear appeals arising from family law proceedings in a court of summary jurisdiction under sections 25 and 102 of the FCFC.

Item 503 - Subparagraphs 39B(1EA)(d)(i) and (ii)

1099. Item 503 repeals subparagraphs 39B(1EA)(d)(i) and (ii) and substitutes them with new subparagraphs. New subparagraph 39B(1EA)(d)(i) updates the reference to the 'Family Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 1)' and new subparagraph 39B(1EA)(d)(ii) updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)'. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subparagraphs 39B(1EA)(d)(i) and (ii).

Item 504 - Subsection 39B(2)

1100. Item 504 updates the reference to the 'Family Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 1)' in subsection 39B(2). Subsection 39B(2) currently provides that references to an officer or officers of the Commonwealth under subsections 39B(1), (1B), (1C) and (1D) do not include references to a Judge or Judges of the Family Court of Australia. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of subsection 39B(2).

Item 505 - Subsection 39B(3)

1101. Item 505 inserts a definition of the 'Federal Circuit and Family Court of Australia' into subsection 39B(3). Subsection 39B(3) provides definitions to assist in interpreting section 39B. The new definition provides that the FCFC means the FCFC (Division 1) or the FCFC (Division 2). A reference to the 'Federal Circuit and Family Court of Australia' throughout the Act is to be taken to refer to either the FCFC (Division 1) or the FCFC (Division 2) or both. The definition assists in interpreting the reference to the FCFC throughout section 39B.

Jurisdiction of Courts (Cross-vesting) Act

Item 506 - Paragraph (b) of the Preamble

1102. Item 506 updates the reference to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in paragraph (b) of the Preamble of the Jurisdiction of Courts (Cross-vesting) Act 1987. The preamble describes the purpose of the Act and paragraph (b) lists the courts to which the Act applies. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not alter the intent of the preamble.

Item 507 - Subsection 3(1) (definition of Family Court )

1103. Item 507 repeals the definition of the 'Family Court' in subsection 3(1). Subsection 3(1) provides definitions to assist in interpreting the Act. The definition currently provides that 'Family Court means the Family Court of Australia'. The definition is no longer required as the Family Court will be continued as the FCFC (Division 1). Where references in the Act are made to the FCFC (Division 1), the reference is provided in full.

Items 508 and 509 - Paragraphs 4(1)(a) and (2)(b) and subsection 4(3)

1104. Items 508 and 509 update references to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in section 4. Section 4 invests or confers additional jurisdiction on certain courts. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and do not substantively alter the operation of paragraphs 4(1)(a) and (2)(b), and subsection 4(3).

Items 510 to 513 - Subparagraph 5(1)(b)(i), subparagraphs 5(1)(b)(ii) and (iii), subsection 5(1) and paragraphs 5(4)(a) and (5)(a)

1105. Items 510 to 513 update references to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in section 5. Section 5 provides for transfers of proceedings. Subsection 5(1) currently provides for transfers of proceedings from a Supreme Court of a State or Territory to the Federal Court or the Family Court. Subsection 5(4) provides for transfers of proceedings from the Federal Court or the Family Court to the Supreme Court of a State or Territory. Subsection 5(5) provides for transfers of proceedings between the Federal Court and the Family Court. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and do not substantively alter the operation of subparagraphs 5(1)(b)(i), (ii) and (iii), subsection 5(1) and paragraphs 5(4)(a) and (5)(a).

Item 514 - Paragraph 6(2)(b)

1106. Item 514 updates the first occurring reference to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in paragraph 6(2)(b). Section 6 provides that proceedings or part of proceedings which involve a special federal matter must be transferred in whole or in part to an appropriate federal or State family court. Paragraph 6(2)(b) currently provides that if a matter for determination in the proceeding is a matter under section 60G of the Family Law Act being heard in a court other than the Family Court of Western Australia or the Supreme Court of the Northern Territory, and the Court orders that a proceeding or part of proceedings be transferred, the proceeding or part thereof must be transferred to the Family Court, the Family Court of Western Australia or the Supreme Court of the Northern Territory as appropriate. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of paragraph 6(2)(b).

Items 515 and 516 - Subsection 6A(2), and subsection 6A(3)

1107. Items 515 and 516 update references to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in section 6A. Section 6A provides that in limited, specified circumstances, State and Territory Supreme Courts are not obliged to transfer a special federal matter to the Federal Court, as would ordinarily be the case under section 6. In appropriate cases, the Federal Court is able to transfer such matters to State and Territory Supreme Courts. Subsection 6A(2) currently provides that the Federal Court or the Family Court may transfer matters to the Supreme Court of a State if there is a related proceedings currently before the Supreme Court. Subsection 6A(3) provides that if a federal matter proceeding is pending in the Supreme Court of a State and the State matter proceeding is pending in any court of that State, the Supreme Court is not required to transfer the federal matter to the Federal Court or the Family Court, but it may do so if it is appropriate. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and do not substantively alter the operation of subsections 6A(2) and (3).

Item 517 - Subsection 7(1)

1108. Item 517 updates the reference to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in subsection 7(1). Subsection 7(1) currently provides that a decision of a single judge of the Federal Court or Family Court cannot be appealed to the Full Court of the Supreme Court of a State or Territory. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of subsection 7(1).

Item 518 - Subsection 7(2)

1109. Item 518 updates the reference to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in subsection 7(2). Subsection 7(2) currently provides that appeals from decisions of the Federal Court or the Family Court shall not be heard by the other of those courts. The amendments reflect the continuation of the Family Court as the FCFC (Division 1), and appropriately reflect the continued arrangements that decisions of the Federal Court and FCFC (Division 1) cannot be not heard by the other of those courts.

Items 519 and 520 - Paragraph 7(5)(a) and subsection 7(7)

1110. Items 519 and 520 update references to 'of the Family Court' to be 'of the FCFC (Division 1)' in subsections 7(5) and (7). Paragraph 7(5)(a) currently provides for an appeal from a decision of a single judge of a Supreme Court of a State or Territory in relation to a matter arising under an Act listed in the Schedule to be heard by the Full Court of the Federal Court or the Family Court. Subsection 7(7) provides for the situation when the Full Court of a Supreme Court of a State or Territory starts hearing an appeal and then transfers it to the Full Court of the Federal Court or the Family Court. The amendments appropriately reflect continuation of the Family Court as the FCFC (Division 1) and do not substantively alter the operation of paragraph 7(5)(a) or subsection 7(7).

Item 521 - Subparagraph 8(1)(b)(i)

1111. Item 521 updates the reference to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in subparagraph 8(1)(b)(i). Section 8 currently allows the Supreme Court of a Territory to transfer a matter from another court or tribunal of that Territory to the Supreme Court if that matter arises out of or is related to another proceeding pending in the Federal Court, the Family Court, or the Supreme Court of a State or another Territory. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of subparagraph 8(1)(b)(i).

Item 522 - Subsection 9(3)

1112. Item 522 updates the reference to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in subsection 9(3). Section 9 provides that the Act does not override or limit the operation of a State law relating to cross-vesting of jurisdiction. Subsection 9(3) currently provides that the Federal Court or the Family Court may exercise jurisdiction conferred on the Court by the Act or by a law of the Australian Capital Territory or the Northern Territory relating to cross-vesting of jurisdiction, and hear and determine a proceeding transferred to the Court. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of subsection 9(3).

Item 523 - Paragraph 10(a)

1113. Item 523 updates the reference to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in paragraph 10(a). Section 10 currently deals with the transfer of certain matters arising under the Australian Consumer Law from the Federal Court, the Family Court or the Supreme Court of a State or Territory to a court of a State or Territory other than the Supreme Court. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of paragraph 10(a).

Item 524 - Subsection 11(2)

1114. Item 524 updates the reference to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in subsection 11(2). Section 11 provides for the conduct of proceedings in matters transferred under the Act or by a State law relating to cross-vesting of jurisdiction. Subsection 11(2) currently provides that, in relation to the Federal Court or Family Court, a reference to the State or Territory in which any matter for determination in the proceeding was first commenced in or transferred to that court. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of subsection 11(2).

Items 525 and 526 - Subsection 14(1) and subsection 14(3)

1115. Items 525 and 526 update references to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in section 14. Section 14 currently provides for the enforcement and effect of a judgment of the Federal Court, the Family Court or the Supreme Court of a Territory when exercising jurisdiction conferred by a law or laws relating to cross-vesting of jurisdiction in a Territory. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and do not substantively alter the operation of subsections 14(1) and (3).

Item 527 - Subsection 16(4)

1116. Item 527 updates the reference to the 'Family Court' to be 'Federal Circuit and Family Court of Australia (Division 1)' in subsection 16(4). Section 16 provides for the suspension or cessation of the operation of the Act by the Governor-General. Subsection 16(4) currently provides that the Governor-General may declare that the Act ceases to be in force when satisfied that State Acts relating to cross-vesting of jurisdiction are not effective to confer jurisdiction of the Supreme Courts of the States on the Federal Court or the Family Court. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of subsection 16(4).

Law Enforcement Integrity Commissioner Act 2006

Item 528 - Subsection 5(1) (definition of Federal Circuit Court )

1117. Item 528 repeals the definition of 'Federal Circuit Court' in subsection 5(1) of the Law Enforcement Integrity Commissioner Act 2006. The definition provides that the 'Federal Circuit Court' means the Federal Circuit Court of Australia. The definition is no longer required as the Federal Circuit Court will be continued as 'Federal Circuit and Family Court of Australia (Division 2)'. Where references in the Act are made to the 'Federal Circuit and Family Court of Australia (Division 2)' the title of that Court is provided in full.

Item 529 - Subparagraph 5(1) (subparagraph (a)(ia) of the definition of issuing officer )

1118. Item 529 amends subparagraph (a)(ia) of the definition of 'issuing officer' in section 5(1) of the Act. Paragraph (a)(ia) currently provides that an issuing officer (in relation to an investigation warrant) means a Judge of the Federal Circuit Court of Australia sitting in Chambers. The item removes the reference to the 'Federal Circuit Court of Australia' and replaces it with a reference to the 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment reflects the nomenclature changes associated with the new court structure and the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2).

Item 530 - Paragraph 96AD(2)(b)

1119. Item 530 amends paragraph 96AD(2)(b) of the Act, which deals with the Court's powers to order disclosure and to ensure a fair trial. Paragraph 96AD(2)(b) provides that subsection 96AD(1) applies to a federal court (other than the Family Court of Australia) or a court of a State or Territory in circumstances other than where the witness has been charged with a related offence before a federal court or a court of a State or Territory (in which case 96AD(1) applies to that court). The item omits the reference to the Family Court of Australia and replaces it with a reference to the Federal Circuit and Family Court of Australia (Division 1). The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of the paragraph.

Item 531 - Subsection 103(1) (note 2)

1120. Item 531 amends note 2 of subsection 103(1), which outlines that a person may apply for assistance in respect of an application to the Federal Court or the Federal Circuit Court under the Administrative Decisions (Judicial Review) Act 1977 for an order of review in respect of a matter arising under the Law Enforcement Integrity Commissioner Act 2006. The item removes the reference to the Federal Circuit Court in note 2 and replaces it with a reference to the FCFC (Division 2). This amendment reflects the nomenclature changes associated with the new court structure and does not change the intent of the note.

Item 532 - Subsection 103(2) (note)

1121. Item 532 amends the note at subsection 103(2), which provides that a person may apply for assistance in respect of an application to the Federal Court or the Federal Circuit Court under the Administrative Decisions (Judicial Review) Act 1977 for an order of review in respect of a matter arising under this Act. This item removes the reference to the Federal Circuit Court in note 2 and replaces it with a reference to the FCFC (Division 2). This amendment reflects the nomenclature changes associated with the new court structure and does not change the intent of the note.

Item 533 - Paragraph 109(7)(b)

1122. Item 533 repeals paragraph 109(7)(b) and replaces it with a new paragraph. Section 109 deals with the circumstances in which a search warrant may be issued. Subsection 109(7)(b) provides that subsections 109(5) and (6) do not apply if the issuing officer is a Judge of the Federal Circuit Court of Australia. New paragraph (b) provides that subsections 109(5) and (6) do not apply if the issuing officer is a Judge of the FCFC (Division 2). This amendment reflects the nomenclature changes associated with the new court structure and the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2).

Item 534 - Subparagraph 201(g)(i)

1123. Item 534 amends subparagraph 201(g)(i). Section 201 provides that the annual report prepared by the Integrity Commissioner and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the specified matters. Subparagraph 201(g)(i) provides that the annual report must include details of the number and results of applications made to the Federal Court or the Federal Circuit Court under the Administrative Decisions (Judicial Review) Act 1977 for orders of review in respect of matters arising under this Act.' This item amends this subparagraph by removing the reference to the 'Federal Circuit Court' and replacing it with a reference to the 'Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subparagraph.

Item 535 - Subsections 221(1) and (2)

1124. Item 536 amends subsections 221(1) and (2), which deal with legal and financial assistance in relation to applications for administrative review. The item removes the references to the Federal Circuit Court from both subsections and replaces them with references to the FCFC (Division 2). The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subsections.

Major Sporting Events (Indicia and Images) Protection Act 2014

Item 536 - Section 9, paragraph (b) (definition of relevant court )

1125. Item 536 repeals paragraph (b) of the definition of 'relevant court' in section 9 of the Major Sporting Events (Indicia and Images) Protection Act 2014. The definition currently provides that the Federal Circuit of Australia is a relevant court. The item substitutes a new paragraph (b), which replaces the reference to 'the Federal Circuit Court of Australia' with 'the Federal Circuit and Family Court of Australia (Division 2)' to reflect the nomenclature changes associated with the new court structure. The amendment does not substantively alter the operation of definition.

Marriage Act 1961

Item 537 - Subsection 5(1) (paragraph (a) of the definition of Judge )

1126. Item 537 repeals paragraph (a) of the definition of 'Judge' in subsection 5(1) of the Marriage Act 1961 and replaces it with a new paragraph. Paragraph (a) currently provides that a Judge, in relation to the performance of a function under this Act in a State or Territory, means a person who is a Judge of the Family Court of Australia, or a Judge of the Federal Circuit Court of Australia, who is appointed by the Minister to be a person authorised to perform that function. New paragraph (a) provides that a 'Judge, in relation to the performance of a function under this Act in a State or Territory, means a Judge of the Federal Circuit and Family Court of Australia (Division 1), or a Judge of the Federal Circuit and Family Court of Australia (Division 2), who is appointed by the Minister to be a person authorised to perform that function'. This amendment removes the references to the Family Court and the Federal Circuit Court, and replaces them with the updated nomenclature of the FCFC (Division 1) and the FCFC (Division 2), respectively. The new paragraph does not substantively depart from the operation of the existing paragraph.

Item 538 - Subsection 9A(1)

1127. Item 538 amends subsection 9A(1), which provides that persons who may exercise certain powers may be restricted by a Proclamation issued by the Governor-General. In particular, the amendment updates references to the Family Court to the FCFC (Division 1) and the Federal Circuit Court to be the FCFC (Division 2). The amended subsection will provide that the Governor-General may, by Proclamation, declare that, on and after a date fixed by the Proclamation, a power or function under the Act that is specified in the Proclamation, being a power or function expressed by the Act to be exercisable by a Judge, or by a Judge or magistrate, is not to be exercised, or is not to be exercised in a specified part of Australia, otherwise than by a Judge who is a Judge of the FCFC (Division 1), the FCFC (Division 2) or the Family Court of a State. This amendment reflects the nomenclature changes associated with the new court structure and does not substantively alter the operation of the subsection.

Item 539 - Subsection 92(1)

1128. Item 539 updates the reference to the Family Court to be the FCFC (Division 1) and the Federal Circuit Court to be the FCFC Division 2 in subsection 92(1). Subsection 92(1) provides that a person may apply to the Family Court of Australia, the Federal Circuit Court of Australia, a Family Court of a State or the Supreme Court of a State or Territory for an order declaring that the person is the legitimate child of his or her parents or that the person or his or her parent or child or a remoter ancestor is or was a legitimated person. The Court may, in its discretion, make the order. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 92(1).

Marriage Amendment (Definition and Religious Freedoms) Act 2017

Item 540 - After subitem 6(6) of Schedule 4

1129. Item 540 inserts a new subitem 6A after subitem 6(6) of Schedule 4 of the Marriage Amendment (Definition and Religious Freedoms) Act 2017. Subitem 6 deals with proceedings pending under the Family Court Act 1997 (WA) before 9 December 2017. Subitem 6(6) provides that if the proceedings were an appeal instituted in, or made to, the Court of Appeal under Part 7 of the Family Court Act 1997 (WA), that Court may, on the application of a party or of its own motion, refer the appeal to a Full Court of the Family Court of Australia.

1130. New subitem 6A is an avoidance of doubt provision which provides that on and after the day Schedule 1 to the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2019 commences, an appeal mentioned in subitem (6) may not be referred to the FCFC (Division 1).

Maternity Leave (Commonwealth Employees) Act 1973

Item 541 - Paragraph 5(3)(ba)

1131. Item 541 repeals paragraph 5(3)(ba) of the Maternity Leave (Commonwealth Employees) Act 1973 and replaces it with a new paragraph. Paragraph 5(3)(ba) currently provides that the Act does not apply to or in relation to a person who is a Judge of the Federal Circuit Court of Australia. New paragraph 5(3)(ba) provides the Act does not apply to or in relation to a person who is a person who is a Judge of the FCFC (Division 2). The amendments appropriately reflect the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and do not substantively alter the operation of paragraph.

Migration Act 1958

Item 542 - Subsection 5(1) (paragraph (b) of the definition of eligible court )

1132. Item 542 repeals paragraph (b) of the definition of 'eligible court' and replaces it with new paragraph (b), which refers to 'the Federal Circuit and Family Court of Australia (Division 2)' in subsection 5(1) of the Migration Act 1958 (the Migration Act). Subsection 5(1) provides definitions to assist in interpreting the Act. Paragraph (b) of the definition of 'eligible court' currently provides for the Federal Circuit Court to be an eligible court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not alter the intent of the definition of 'eligible court' in subsection 5(1).

Item 543 - Subsection 5(1) (definition of Federal Circuit Court )

1133. Item 543 repeals the definition of the 'Federal Circuit Court' in subsection 5(1). Subsection 5(1) provides definitions to assist in interpreting the Migration Act. 'Federal Circuit Court' is currently defined as being the 'Federal Circuit Court of Australia'. The definition is no longer required as the Federal Circuit Court will be continued as the FCFC (Division 2). Where references in the Act are made to the 'Federal Circuit and Family Court of Australia (Division 2)', the reference is provided in full.

Item 544 - Subparagraph 42(2A)(e)(ii)

1134. Item 544 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subparagraph 42(2A)(e)(ii). Subsection 42(1) provides that a non-citizen must not travel to Australia without a visa that is in effect. Subsection 42(2A) provides that subsection 42(1) does not apply to a non-citizen in relation to travel to Australia in certain circumstances. Subparagraph 42(2A)(e)(ii) currently provides for the situation when a non-citizen has been removed under section 198 and before the removal, the High Court, the Federal Court or the Federal Circuit Court had made an order in relation to the non-citizen, or the Minister had given an undertaking to one of those courts in relation to the non-citizen. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subparagraph 42(2A)(e)(ii).

Item 545 - Section 91X (heading)

1135. Item 545 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the heading to section 91X. The heading now reads 'Names of applicants for protection visas not to be published by the High Court, Federal Court or Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 546 - Subsections 91X(1), 114(1) and 153(2)

1136. Item 546 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsections 91X(1), 114(1) and 153(2). Subsection 91X(1) currently provides that the High Court, the Federal Court or the Federal Circuit Court must not publish the names of applicants for protection visas or protection-related bridging visas, or persons whose protection visa or protection-related bridging visa has been cancelled. Subsection 114(1) currently provides that if the Federal Court, the Federal Circuit Court or the Administrative Appeals Tribunal sets aside a decision to cancel a person's visa under section 109, the visa is taken never to have been cancelled. Subsection 153(2) currently provides that the removal or deportation of a non-citizen is not permitted if it would be in breach of an order of the High Court, the Federal Court or the Federal Circuit Court. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subsections 91X(1), 114(1) and 153(2).

Item 547 - Section 476 (heading)

1137. Item 547 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the heading to section 476. The heading now reads 'Jurisdiction of the Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 548 - Subsections 476(1), (2) and (3)

1138. Item 548 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsections 476(1), (2) and (3). Section 476 provides for the jurisdiction of the Federal Circuit Court. Subsection 476(1) currently provides that the Federal Circuit Court has the same original jurisdiction under paragraph 75(v) as the High Court in relation to migration decisions. Subsection 476(2) currently provides that the Federal Circuit Court has no jurisdiction in relation to the decisions listed. Subsection 476(3) currently provides that any jurisdiction the Federal Circuit Court may have to hear matters in relation to non-privative clause decisions under the Administrative Decisions (Judicial Review) Act 1977 or the Administrative Appeals Tribunal Act 1977 is not affected by section 476. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subsections 476(1), (2) and (3).

Item 549 - Paragraph 476A(1)(a)

1139. Item 549 repeals paragraph 476A(1)(a) and replaces it with new paragraph (a) incorporating subparagraphs (i) and (ii). Section 476A provides for the limited jurisdiction of the Federal Court. Subsection 476A(1) currently provides for matters in which the Federal Court has original jurisdiction in relation to a migration decision, including where the Federal Circuit Court has transferred a matter to it under section 39 of the Federal Circuit Court Act.

1140. New subparagraph 476A(1)(a)(i) provides for transfers made under clause 153 of the Federal Circuit and Family Court of Australia Bill 2019 and new subparagraph 476A(1)(a)(ii) provides for the Federal Court to confirm the transfer under section 32AD of the Federal Court Act. Clause 153 of the Federal Circuit and Family Court of Australia Bill 2019 provides the FCFC (Division 2) with the power to transfer matters to the Federal Court as currently provided for in section 39 of the Federal Circuit Court Act. The Federal Court must confirm such a transfer under new section 32AD of the Federal Court Act as required for all matters transferred under section 153. See item 220 of Schedule 1 of this Explanatory Memorandum for further guidance. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and updates the legislative reference.

Item 550 - After subsection 476A(1)

1141. Item 550 inserts new subsection 476A(1A) following subsection 476A(1). Subsection 476A(1) provides for matters in which the Federal Court has original jurisdiction in relation to migration decisions. New subsection 476A(1A) provides that the Federal Court does not have original jurisdiction in relation to a migration decision if the proceedings have been transferred to the Federal Court under section 32AC of the Federal Court Act. This is consistent with the current original jurisdiction of the Federal Court in relation to a migration decision. Section 32AC of the Federal Court Act provides the Federal Court a new power to transfer matters to itself, other than proceedings relating to family law matters, on its own initiative or on the application of a party from the FCFC (Division 2). See the explanation for item 220 in Schedule 1 of this Explanatory Memorandum for further guidance.

Item 551 - Paragraph 476A(3)(a)

1142. Item 551 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in paragraph 476A(3)(a). Section 476A provides for the limited jurisdiction of the Federal Court. Paragraph 476A(3)(a) currently provides that an appeal may not be brought to the Federal Court from a judgment of the Federal Circuit Court that makes an order or refuses to make an order under subsection 477(2). See item 554 for further guidance on subsection 477(2). The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of paragraph 476A(3)(a).

Item 552 - Subsections 476B(1) and (2)

1143. Item 552 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in section 476B. Section 476B provides for the remittal of matters by the High Court. Subsections 476B(1) and (2) currently provide that the High Court must only remit matters, or any part of a matter, relating to migration decisions to the Federal Circuit Court if the Federal Circuit Court has jurisdiction in relation to the matter or part of a matter under section 476. See item 548 for further guidance on section 476. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subsections 476B(1) and (2).

Item 553 - Section 477 (heading)

1144. Item 553 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the heading to section 477. The heading now reads 'Time limits on applications to the Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 554 - Subsections 477(1) and (2) and 480(2)

1145. Item 554 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsections 477(1) and (2) and 480(2). Subsection 477(1) currently provides that an application to the Federal Circuit Court for a remedy to be granted in exercise of the court's original jurisdiction under section 476 in relation to a migration decision must be made to the court within 35 days of the date of that decision. See item 548 for further guidance on section 476. Subsection 477(2) currently provides that the Federal Circuit Court may, by order, extend that 35 day period in appropriate circumstances. Subsection 480(2) currently provides that if the Attorney-General intervenes in a proceeding referred to in section 477 or 477A, the Federal Circuit Court or Federal Court may make such orders as to costs against the Commonwealth as the court thinks fit. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subsections 477(1) and (2) and 480(2).

Item 555 - Section 484 (heading)

1146. Item 555 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the heading to section 484. The heading now reads 'Exclusive jurisdiction of High Court, Federal Court and Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 556 - Subsections 484(1) and (2) and 486B(1)

1147. Item 556 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsections 484(1) and (2) and 486B(1). Subsections 484(1) and (2) currently provide that the High Court, Federal Court and Federal Circuit Court have exclusive jurisdiction in relation to migration decisions. Subsection 486B(1) currently applies section 486B to all migration proceedings in the High Court, Federal Court or Federal Circuit Court that raise an issue in connection with visas, deportation, taking, or removal of unlawful non-citizens. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subsections 484(1) and (2) and 486B(1).

Item 557 - Section 486C (heading)

1148. Item 557 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the heading to section 486C. The heading now reads 'Persons who may commence or continue proceedings in the Federal Circuit and Family Court of Australia (Division 2) or the Federal Court'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 558 - Subsection 486C(1)

1149. Item 558 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 486C(1). Section 486C provides for which persons may commence or continue proceedings in relation to certain issues. Subsection 486C(1) currently provides that only persons mentioned in section 486C may commence proceedings in the Federal Court or the Federal Circuit Court which raises an issue in connection with visas, deportation, taking, or removal of non-citizens and relates to the validity, interpretation or effect of a provision of the Act or the regulations. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not affect the operation of subsection 486C(1).

Item 559 - Subsection 486C(3)

1150. Item 559 updates the reference to the 'Federal Circuit Court's jurisdiction' to be 'jurisdiction of the Federal Circuit and Family Court of Australia (Division 2)' in subsection 486C(3). Section 486C provides for which persons may commence or continue proceedings in relation to certain issues. Subsection 486C(1) currently provides that only persons mentioned in section 486C who may commence proceedings in the Federal Court or the Federal Circuit Court which raises an issue in connection with visas, deportation, taking, or removal of non-citizens and relates to the validity, interpretation or effect of a provision of the Act or the regulations. Subsection 486C(3) provides that section 486C applies to proceedings within the Federal Circuit Court's jurisdiction. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively affect the operation of subsection 486C(3).

Item 560 - Subsection 486C(3A)

1151. Item 560 repeals subsection 486C(3A) and replaces it with new subsections 486C(3A) and (3B). Section 486C provides for which persons may commence or continue proceedings in relation to certain issues. Current subsection 486C(3A) provides for application of section 486C to proceedings transferred to the Federal Court from the Federal Circuit Court under section 39 of the Federal Circuit Court Act or where the Federal Court has original jurisdiction under subsections 476A(1)(b) or (c) of the Migration Act 1958.

1152. New paragraph 486C(3A)(a) applies section 486C to proceedings that are transferred to the Federal Court under section 153 of the Federal Circuit and Family Court of Australia Act 2019 and are confirmed by the Federal Court under section 32AD of the Federal Court Act. See item 250 of Schedule 1 and item 540 above for further guidance. New paragraph 486C(3A)(b) applies section 486C to proceedings in which the Federal Court has jurisdiction under paragraphs 476A(1)(b) or (c). New subsection 486C(3B) provides that section 486C does not apply to proceedings that are transferred to the Federal Court if the Federal Court transfers the proceeding from the FCFC (Division 2) under section 32AC of the Federal Court Act.

1153. Section 32AC of the Federal Court Act provides the Federal Court with the power to transfer matters to itself, other than proceedings relating to family law matters, on its own initiative or on the application of a party from the FCFC (Division 2). See item 250 of Schedule 1 and item 541 above for further guidance. The amendments ensure that the new appeal provisions relating to the Federal Court are taken into account, while also ensuring that the current operation of section 486C is not substantively changed.

Item 561 - Subsection 486D(1)

1154. Item 561 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 486D(1). Subsection 486D(1) currently provides that a person commencing a proceeding in the Federal Circuit Court in relation to a tribunal decision must disclose to the court any judicial review proceeding already brought by the person in relation to that decision. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively affect the operation of subsection 486D(1).

Item 562 - Subsection 486D(5) (paragraph (a) of the definition of judicial review proceeding )

1155. Item 562 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 486D(5). Subsection 486D(5) provides definitions to assist in interpreting section 486D. Paragraph (a) of the definition of 'judicial review proceeding' currently provides that a judicial review proceeding, in relation to a tribunal decision, means a proceeding in the Federal Circuit Court in relation to the tribunal decision. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not alter the intent of the definition of 'judicial review proceeding' in subsection 486D(5).

Item 563 - Section 487A (paragraph (b) of the definition of issuing officer )

1156. Item 563 repeals paragraph (b) of the definition of 'issuing officer' in section 487A and replaces it with new paragraph (b), which refers to 'a Judge of the Federal Circuit and Family Court of Australia (Division 2)'. Section 487A provides definitions to assist in interpreting Part 8E of the Act. Paragraph (b) of the definition of 'issuing officer' currently provides that a Judge of the Federal Circuit Court is an issuing officer. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not alter the intent of the definition of 'issuing officer' in section 487A.

Item 564 - Paragraph 500(6)(d)

1157. Item 550 updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in paragraph 500(6)(d). Paragraph 500(6)(d) currently provides that where an application has been made to the AAT for the review of an order for the deportation of a person under section 200, the order shall not be taken for the purposes of section 253 to have ceased or to cease to be in force by reason only of any order that has been made by the Federal Circuit Court of Australia or a Judge of the Federal Circuit Court under section 44A of the Administrative Appeals Tribunal Act 1975. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of paragraph 500(6)(d).

Item 565 - Subsections 503A(4A) and (5A)

1158. Item 565 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in section 503A. Section 503A protects the disclosure of confidential information communicated to an authorised migration officer by a gazetted agency that is relevant to the exercise of a power under section 501, 501A, 501B, 501BA, 501C or 501CA (other than in certain limited circumstances). Subsection 503A(4A) currently provides that if information is divulged to a Commonwealth officer in accordance with a declaration under subsection 503A(3), the officer must not be required to communicate the information to the Federal Court or the Federal Circuit Court, or give the information in evidence before either Court. The information may be considered by either Court if a fresh disclosure of the information is made by a ministerial declaration under subsection 503A(3) or subsection 503B(6). See items 560 and 561 for further guidance on subsection 503B(6). Subsection 503A(5A) currently provides for the situation when the information is disclosed to a tribunal. A tribunal member must not be required to communicate the information to the Federal Court or the Federal Circuit Court, or give the information in evidence before either Court. The information may be considered by either Court if a fresh disclosure of the information is made by a ministerial declaration under subsection 503A(3) or subsection 503B(6). The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subsections 503A(4A) and (5A).

Item 566 - Section 503B (heading)

1159. Item 566 updates the references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the heading to section 503B. The heading now reads 'Protection of confidential information disclosed to Federal Court or Federal Circuit and Family Court of Australia (Division 2)-permanent non-disclosure orders'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 567 - Subsection 503B(1)

1160. Item 567 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 503B(1). Section 503B currently deals with the protection of confidential information disclosed to Federal Court or Federal Circuit Court through the making of non-disclosure orders. Subsection 503B(1) currently provides that the Federal Court or Federal Circuit Court may make orders to ensure the non-disclosure of confidential information to an applicant in relation to the substantive proceedings, a legal representative of the applicant or to any other person. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subsection 503B(1).

Item 568 - Subsection 503B(2)

1161. Item 568 updates the reference to 'the Federal Court's or Federal Circuit Court's orders' to be 'the orders of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2)' in subsection 503B(2). Section 503B currently deals with the protection of confidential information disclosed to Federal Court or Federal Circuit Court through the making of non-disclosure orders. Subsection 503B(2) currently provides for the orders the Federal Court or Federal Circuit Court may make in relation to non-disclosure of confidential information disclosed to the Court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 503B(2).

Items 569 and 570 - Paragraph 503B(2)(c), and subsections 503B(4), (5), (6), (7), (8), (10) and (11)

1162. Items 569 and 570 update references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in section 503B. Section 503B currently deals with the protection of confidential information disclosed to Federal Court or Federal Circuit Court through the making of non-disclosure orders. Paragraph 503B(2)(c) currently provides for the Federal Court or Federal Circuit Court to make an order ensuring that no person has access to a file or record of the Court that contains the information, without the consent of the Court. Subsection 503B(4) currently provides that the powers of the Federal Court and Federal Circuit Court under section 503B are to be exercised by a single Judge of each respective Court. Subsection 503B(5) currently lists criteria to which the Federal Court or the Federal Circuit Court must have regard for making a non-disclosure order. Subsections 503B(6) and (7) currently provide for the disclosure of information to the Federal Court or the Federal Circuit Court for the purposes of deciding whether or not to make a non-disclosure order in relation to that information. Subsection 503B(8) currently provides that the Federal Court or the Federal Circuit Court may, by order, vary or revoke a non-disclosure order made under subsection 503B(1) if both the Minister and the applicant in the substantive proceedings consent. Subsections 503B(10) and (11) relate to declarations made by the Minister under subsection 503A(3). The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of paragraph 503B(2)(c), and subsections 503B(4), (5), (6), (7), (8), (10) and (11).

Item 571 - Subsection 503B(14) (table item 1, column headed 'In the case of these proceedings...')

1163. Item 571 updates the reference to the 'Federal Circuit Court's jurisdiction' to be 'jurisdiction of the Federal Circuit and Family Court of Australia (Division 2)' in the table in subsection 503B(14). Section 503B currently deals with the protection of confidential information disclosed to Federal Court or Federal Circuit Court through the making of non-disclosure orders. Subsection 503B(14) provides a table identifying the applicant for different types of proceedings that may be brought under the Act for the purposes of section 503B. Table item 1 currently provides for proceedings within the Federal Circuit Court's jurisdiction under section 476. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of table item 1 in subsection 503B(14).

Item 572 - Section 503C (heading)

1164. Item 572 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in the heading to section 503C. The heading now reads 'Protection of confidential information disclosed to Federal Court or Federal Circuit and Family Court of Australia (Division 2)-interim non-disclosure orders'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 573 - Subsection 503C(1)

1165. Item 573 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsection 503C(1). Subsection 503C(1) currently provides that the Minister must give the Federal Court or the Federal Circuit Court written notice at least 7 days in advance of making an application for a permanent non-disclosure order under subsection 503B(1). The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 503C(1).

Item 574 - Subsection 503C(3)

1166. Item 574 omits 'the Federal Circuit Court may, on application by the Minister, make such orders as the Federal Court or the Federal Circuit Court considers appropriate for the purpose of ensuring that, in the event that the subsection 503B(1) application is made and the information is disclosed to the Federal Court or Federal Circuit Court' and substitutes 'the Federal Circuit and Family Court of Australia (Division 2) may, on application by the Minister, make such orders as the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) considers appropriate for the purpose of ensuring that, in the event that the subsection 503B(1) application is made and the information is disclosed to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2)' Subsection 503C(3) currently provides that the Federal Court or the Federal Circuit Court may make interim non-disclosure orders to protect confidential information before considering an application for a permanent non-disclosure order, or to not interfere with the Minister's consideration of whether to authorise disclosure of the information to the courts. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subsection 503C(3).

Item 575 - Paragraph 503C(3)(c)

1167. Item 575 repeals paragraph 503C(3)(c) and replaces it with new paragraph (c), which refers to 'the consideration of the subsection 503B(1) application by the Federal Court or the Federal Circuit and Family Court of Australia (Division 2)'. Subsection 503C(3) provides for an interim non-disclosure order. Paragraph 503C(3)(c) currently provides that the Federal Court or the Federal Circuit Court may make orders to ensure the non-disclosure of certain information in circumstances that might undermine, prejudice or pre-empt consideration of the matter by the Federal Court or the Federal Circuit Court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of paragraph 503C(3)(c).

Item 576 - Paragraph 503C(3)(d)

1168. Item 576 updates the reference to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in paragraph 503C(3)(d). Subsection 503C(3) provides for an interim non-disclosure order. Paragraph 503C(3)(d) currently provides that the Federal Court or the Federal Circuit Court may make orders to ensure the non-disclosure of certain information in circumstances that might undermine, prejudice or pre-empt consideration by the Minister as to whether to make a declaration under subsection 503A(3) authorising the disclosure of the information to the Federal Court or the Federal Circuit Court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of paragraph 503C(3)(d).

Item 577 - Subsection 503C(4)

1169. Item 577 updates the reference to 'the Federal Court's or the Federal Circuit Court's orders' to be 'the orders of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2)' in subsection 503C(4). Subsection 503C(4) currently provides orders that the Federal Court or the Federal Circuit Court may make to ensure the non-disclosure of certain information in circumstances that might undermine, prejudice or pre-empt consideration of the relevant matter by the Federal Court, the Federal Circuit Court or the Minister. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of subsection 503C(4).

Item 578 - Paragraph 503C(4)(c)

1170. Item 578 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in paragraph 503C(4)(c). Subsection 503C(4) currently provides for orders that the Federal Court or the Federal Circuit Court may make to ensure the non-disclosure of certain information in circumstances that might undermine, prejudice or pre-empt consideration of the relevant matter by the Federal Court, the Federal Circuit Court or the Minister. Paragraph 503C(4)(c) currently provides for the Federal Court or the Federal Circuit Court to make an order ensuring that no person has access to a file or record of the Court that contains the information, without consent from the Court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of paragraph 503C(4)(c).

Item 579 - Subsections 503C(6) and (7)

1171. Item 579 updates references to the 'Federal Circuit Court' to be 'Federal Circuit and Family Court of Australia (Division 2)' in subsections 503C(6) and (7). Subsection 503C(6) currently provides that the powers of the Federal Court are to be exercised by a single Judge of the Federal Court and the powers of the Federal Circuit Court are to be exercised by a single Judge of the Federal Circuit Court. Subsection 503C(7) provides that the Federal Court or the Federal Circuit Court may, by order, vary or revoke an interim non-disclosure order made under subsection 503C(3) if both the Minister and the applicant in the substantive proceedings consent. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subsections 503C(6) and (7).

Mutual Assistance in Criminal Matters Act 1987

Item 580 - Subsection 3(1) (definition of eligible Federal Circuit Court Judge )

1172. Item 580 repeals the definition of 'eligible Federal Circuit Court Judge' in subsection 3(1) of the Mutual Assistance in Criminal Matters Act 1987. Subsection 3(1) provides definitions of expressions used in the Act. This definition will be replaced by use of the term 'eligible Judge' throughout provisions in the Act under which Judges of the Federal Circuit Court of Australia can perform functions (see item 581).

1173. This amendment appropriately reflects the continuation of Federal Circuit Court Judges as Judges of the FCFC (Division 2).

Item 581 - Subsection 3(1)

1174. Item 581 inserts a definition of 'eligible Judge' in subsection 3(1). Subsection 3(1) provides definitions of expressions used in the Act. An 'eligible Judge' will mean a 'Judge of the Federal Circuit and Family Court of Australia (Division 2)'. The expression 'eligible Judge' will be used throughout provisions in the Act under which FCFC (Division 2) Judges can perform functions. This item operates with item 580, which removes the definition of 'eligible Federal Circuit Court Judge'.

1175. The new expression 'eligible Judge' will not alter the nature of the functions which are conferred under the legislation on Federal Circuit Court Judges under their new title.

Item 582 - Subsection 3(1) (definition of executing officer )

1176. Item 582 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in the definition of 'executing officer' in subsection 3(1). Section 3 provides definitions of expressions used in the Act. The expression 'eligible Judge' will be defined in the Act (see item 581). This amendment appropriately reflects the continuation of Federal Circuit Court Judges as Judges of the FCFC (Division 2).

Item 583 - Paragraphs 13(2)(a) and (b)

1177. Item 583 replaces the references to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in paragraphs 13(2)(a) and (b). Section 13 provides for the taking of evidence or production of documents by an eligible Federal Circuit Court Judge. The expression 'eligible Judge' will be defined in the Act (see item 581). This amendment appropriately reflects the continuation of Federal Circuit Court Judges as Judges of the FCFC (Division 2) and does not alter the powers or functions conferred under section 13.

Item 584 - Subsections 13(2A), (2B), (2C), (2D), and (4) to (5)

1178. Item 584 replaces the references to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in subsections 13(2A), (2B), (2C), (2D) and (4) to (5). Section 13 provides for the taking of evidence or production of documents by an eligible Federal Circuit Court Judge. The expression 'eligible Judge' will be defined in the Act (see item 581). This amendment appropriately reflects the continuation of Federal Circuit Court Judges as Judges of the FCFC (Division 2) and does not alter the powers or functions conferred under section 13.

Item 585 - Subsection 13AA(1)

1179. Item 571 replaces the references to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in subsection 13AA(1). Section 13AA provides for the enforcement of orders relating to the conduct of proceedings under subsection 13(2). The expression 'eligible Judge' will be defined in the Act (see item 581). This amendment appropriately reflects the continuation of Federal Circuit Court Judges as Judges of the FCFC (Division 2) and does not alter the powers or functions conferred under section 13AA.

Item 586 - Subsection 13AA(2)

1180. Item 586 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in subsection 13AA(1). It also replaces the reference to 'Rules of Court made under the Federal Circuit Court of Australia Act 1999' with 'Rules of Court made under Chapter 4 of the Federal Circuit and Family Court of Australia Act 2019'. It further replaces the reference to the 'Federal Circuit Court of Australia' with 'Federal Circuit Court and Family Court of Australia'. The expression 'eligible Judge' will be defined in the Act (see item 581). These amendments appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and Federal Circuit Court Judges as Judges of the FCFC (Division 2)and do not alter the powers or functions conferred under section 13AA.

Item 587 - Paragraphs 13AB(1)(a) and (b)

1181. Item 587 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in paragraphs 13AB(1)(a) and (b). Section 13AB makes provision for laws applying for the purposes of proceeding under section 13. The expression 'eligible Judge' will be defined in the Act (see item 581). This amendment appropriately reflects the continuation of Federal Circuit Court Judges as Judges of the FCFC (Division 2) and does not alter the powers or functions conferred under section 13AB.

Item 588 - Section 15

1182. Item 588 replaces the reference to 'eligible Federal Circuit Court Judge' with 'eligible Judge' in section 15. Section 15 provides for the Attorney-General to authorise a police officer to apply to an eligible Federal Circuit Court Judge for search warrants. The expression 'eligible Judge' will be defined in the Act (see item 581). This amendment appropriately reflects the continuation of Federal Circuit Court Judges as Judges of the FCFC (Division 2) and does not alter the powers or functions conferred under section 15.

Item 589 - Subsections 25(2), 31(2), 38C(1) and (2), 38D(1), (3) and (4), 38I(1), 38K(5) and 38N(7)

1183. Item 589 amends subsections 25(2), 31(2), 38C(1) and (2) and 38D(1), (3) and (4), 38H(1) and (4), 38I(1), 38K(5) and 38N(7) of the Act. This item removes the words 'eligible Federal Circuit Judge' from these subsections and replaces them with 'eligible Judge'. The expression 'eligible Judge' will be defined in the Act (see item 581). This amendment appropriately reflects the continuation of Federal Circuit Court Judges as Judges of the FCFC (Division 2) and does not alter the powers or functions conferred under the subsections.

Item 590 - Section 38Z

1184. Item 590 amends section 38Z, which provides for offences relating to telephone warrants. Item 590 removes all references to 'eligible Federal Circuit Judge', and replaces them with 'eligible Judge'. The expression 'eligible Judge' will be defined in the Act (see item 581). This amendment appropriately reflects the continuation of Federal Circuit Court Judges as Judges of the FCFC (Division 2) and does not alter the powers or functions conferred under the section.

Item 591 - Paragraph 38ZB(1)(a)

1185. Item 591 amends paragraph 38ZB(1)(a), which provides (subject also to paragraph (b)) the grounds on which a police officer may, without warrant, arrest a person. Item 591 amends this paragraph by removing the reference to the 'eligible Federal Circuit Court Judge' and replacing it with 'eligible Judge'. The expression 'eligible Judge' will be defined in the Act (see item 581). This amendment appropriately reflects the continuation of Federal Circuit Court Judges as Judges of the FCFC (Division 2) and does not alter the powers or functions conferred under the provision.

Item 592 - Subsection 38ZB(2)

1186. Item 592 amends subsection 38ZB(2). Subsection 38ZB(2) provides that a person arrested under subsection 38ZB(1) must, as soon as practicable, be brought before a Magistrate or eligible Federal Circuit Court Judge. Item 592 removes the words 'eligible Federal Circuit Court Judge' and replaces them with 'eligible Judge'. The expression 'eligible Judge' will be defined in the Act (see item 581). This amendment appropriately reflects the continuation of Federal Circuit Court Judges as Judges of the FCFC (Division 2) and does not alter the requirements of the subsection.

Item 593 - Section 38ZC (heading)

1187. Item 593 amends the heading to section 38ZC by replacing the reference to 'Federal Circuit Court Judges' with 'Judges of the Federal Circuit and Family Court of Australia (Division 2)'. The heading will now read 'Judges of the Federal Circuit and Family Court of Australia (Division 2)-consent to nomination'. This amendment appropriately reflects the continuation of Federal Circuit Court Judges as Judges of the FCFC (Division 2).

Item 594 - Subsections 38ZC(1) and (2)

1188. Item 594 amends subsections 38ZC(1) and (2). Subsection 38ZC(1) provides that a Judge of the Federal Circuit Court of Australia may, by writing, consent to be nominated by the Attorney-General under subsection (2). Subsection 38ZC(2) provides that the Attorney-General may, by writing, nominate a Judge of the Federal Circuit Court of Australia in relation to whom a consent is in force under subsection (1) to be an eligible Federal Circuit Court Judge for the purposes of the Act. Item 594 removes the references to the 'Federal Circuit Court of Australia' in both subsections and replaces them with 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment appropriately reflects the continuation of Federal Circuit Court Judges as Judges of the FCFC (Division 2) and does not substantively alter the operation of the subsections.

1189. The validity of existing consents and nominations would not be affected by these amendments by virtue of item 18 of Schedule 5

Item 595 - Subsection 38ZC(2)

1190. Item 595 amends subsection 38ZC(2) to omit the words 'eligible Federal Circuit Court Judge' and substitutes them with 'eligible Judge'. This amendment makes the necessary nomenclature revisions to this subsection. The expression 'eligible Judge' will be defined in the Act (see item 581). This amendment appropriately reflects the continuation of Federal Circuit Court Judges as Judges of the FCFC (Division 2) and does not alter the requirements of the subsection.

Item 596 - Section 38ZD (heading)

1191. Item 5965 amends the heading to section 38ZD, which currently reads 'Magistrates and Federal Circuit Court Judges-personal capacity'. Item 596 omits the reference to 'Federal Circuit Court Judges' and replaces it with 'Judges of the Federal Circuit and Family Court of Australia (Division 2)'. The new heading will read 'Magistrates and Judges of the Federal Circuit and Family Court of Australia (Division 2)-personal capacity'. This amendment makes the necessary nomenclature revisions to this heading.

Item 597 - Subsections 38ZD(1) and (3)

1192. Item 597 amends subsections 38ZD(1) and (3). Subsection 38ZD(1) provides that a function or power conferred on a Magistrate or eligible Federal Circuit Court Judge by this Act is conferred on the Magistrate or Judge in a personal capacity and not as a court or a member of a court. Subsection 38ZD(3) provides that a Magistrate or eligible Federal Circuit Court Judge has, in relation to the performance or exercise of a function or power conferred on the Magistrate or Judge by this Act, the same protection and immunity as if he or she were exercising that function or power as, or as a member of, the Court of which the Magistrate or Judge is a member. This item omits the references to 'eligible Federal Circuit Court Judge' and replaces them with 'eligible Judge'. The expression 'eligible Judge' will be defined in the Act (see item 581). This amendment appropriately reflects the continuation of Federal Circuit Court Judges as Judges of the FCFC (Division 2) and does not alter the powers or functions conferred under the subsections.

Item 598 - Paragraph 44(c)

1193. Item 598 amends paragraph 44(c) of the Act. Paragraph 44(c) provides that the Governor-General may make regulations prescribing the practice and procedure in relation to the performance by Magistrates or eligible Federal Circuit Court Judges of functions under this Act. The item omits all references to 'eligible Federal Circuit Court Judges' in the paragraph and replaces these references with 'eligible Judges'. The expression 'eligible Judge' will be defined in the Act (see item 581). This amendment appropriately reflects the continuation of Federal Circuit Court Judges as Judges of the FCFC (Division 2) and does not alter the power to make regulations.

My Health Records Act 2012

Item 599 - Paragraphs 45C(1)(b), 50C(1)(b), 79(3)(b), 80(3)(b) and 81(3)(b)

1194. Item 599 repeals paragraphs 45C(1)(b), 50C(1)(b), 79(3)(b), 80(3)(b) and 81(3)(b) of the My Health Records Act 2012 and replaces them with new paragraphs.

1195. Paragraph 45C(1)(b) provides that if any person suffers loss or damage as a result of anything done by an entity that contravenes section 45A or 45B, the person may bring an action for the amount of the loss or damage against the entity in the Federal Circuit Court of Australia. Paragraph 50C(1)(b) provides that if any person suffers loss or damage as a result of anything done by an entity that contravenes section 50A or 50B, the person may bring an action for the amount of the loss or damage against the entity in the Federal Circuit Court of Australia. Paragraph 79(3)(b) provides that the Federal Circuit Court of Australia is a relevant court in relation to the civil penalty provisions of the Act, for the purposes of Part 4 of the Regulatory Powers (Standard Provisions) Act 2014. Paragraph 80(3)(b) provides that the Federal Circuit Court of Australia is a relevant court in relation to the provisions of the Act, for the purposes of Part 6 of the Regulatory Powers (Standard Provisions) Act 2014. Paragraph 81(3)(b) provides that the Federal Circuit Court of Australia is a relevant court in relation to the provisions of the Act, for the purposes of Part 7 of the Regulatory Powers (Standard Provisions) Act 2014.

1196. This item repeals each of these paragraphs and replaces them with new paragraphs, which replace the references to the 'Federal Circuit Court of Australia' with references to the 'Federal Circuit and Family Court of Australia (Division 2)'. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of subsections.

Narcotic Drugs Act 1967

Item 600 - Subsection 4(1) (paragraph (b) of the definition of relevant court )

1197. Item 600 repeals paragraph (b) of the definition of 'relevant court' in subsection 4(1) of the Narcotic Drugs Act 1967. The definition currently provides that the Federal Circuit of Australia is a relevant court for the purpose of the Act. Item 600 substitutes a new paragraph, which replaces the reference to 'the Federal Circuit Court of Australia' with 'the Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the definition.

National Cancer Screening Register Act 2016

Item 601 - Paragraph 24(3)(b)

1198. Item 601 amends paragraph 24(3)(b) of the National Cancer Screening Register Act 2016, which provides that the Federal Circuit Court of Australia is, for the purposes of Part 4 of the Regulatory Powers (Standard Provisions) Act 2014, a relevant court in relation to the civil penalty provisions of the National Cancer Screening Register Act 2016. Item 601removes the reference to the 'Federal Circuit Court' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)' to reflect the nomenclature changes associated with the new court structure.

National Consumer Credit Protection Act 2009

Item 602 - Subsection 5(1) (definition of Federal Circuit Court )

1199. Item 602 repeals the definition of 'Federal Circuit Court' in subsection 5(1) of the National Consumer Credit Protection Act 2009. The definition provides that the 'Federal Circuit Court' means the Federal Circuit Court of Australia. The definition is no longer required as the Federal Circuit Court will be continued as 'Federal Circuit and Family Court of Australia (Division 2)'. Where references in the Act are made to the 'Federal Circuit and Family Court of Australia (Division 2)' the title of that Court is provided in full.

Item 603 - Subsection 5(1) (paragraph (a) of the definition of lower court )

1200. Item 603 repeals paragraph (a) of the definition of 'lower court' in subsection 5(1), which currently refers to the Federal Circuit Court, and replaces it with new paragraph (a) which refers to the FCFC (Division 2). This appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 604 - Subsection 5(1) (paragraph (a) of the definition of relevant superior court )

1201. Item 604 amends the definition of paragraph (a) of 'relevant superior court' in subsection 5(1). Currently paragraph (a) provides that in relation to the Federal Circuit Court, relevant superior court means the Federal Court. This item amends paragraph (a) to replace the reference to 'Federal Circuit Court' with 'Federal Circuit and Family Court of Australia (Division 2)'. This appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2).

Item 605 - Section 185

1202. Item 605 amends section 185, which provides a guide to Part 4-3 of the Act relating to the jurisdiction and procedure of the Courts. This item replaces the paragraph of the guide which refers to the 'Federal Circuit Court' and with a revised paragraph referring to the 'Federal Circuit and Family Court of Australia (Division 2)'.

Item606 - Subsection 187(1) (cell at table item 2, column headed 'Court on which civil jurisdiction is conferred')

1203. Item 606 amends the table in subsection 187(1), which confers jurisdiction on certain courts in relation to civil matters arising under the Act and places specified limits of the exercise of that jurisdiction. In particular, this item amends the table by replacing the references to the 'Federal Circuit Court' in item 2 of the table with 'Federal Circuit and Family Court of Australia (Division 2)'. This appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not change the operation of the subsection.

Item 607 - Section 189 (table)

1204. Item 607 amends the table in section 189, which provides for the appeal avenues from each of the specified courts. In particular, this item replaces references to the 'Federal Circuit Court' with 'Federal Circuit and Family Court of Australia (Division 2)'. This appropriately reflects the continuation of the Federal Circuit Court as FCFC (Division 2) and does not change the operation of the subsection.

Item 608 - Subsection 191(2)

1205. Item 608 amends subsection 191(2), which currently provides that Subdivision C of Part 4-3 of the Act does not apply to a transfer between the Federal Court and the Federal Circuit Court, except as provided by paragraph 192(2)(b). This item replaces the reference to the 'Federal Circuit Court' with 'Federal Circuit and Family Court of Australia (Division 2)' to make the necessary nomenclature change to reflect the new court structure.

Item 609 - Subsection 191(2) (note 1)

1206. Item 609 amends note 1 to subsection 191(2) by replacing the reference to the 'Federal Circuit Court' with 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not change the intention of note 1.

Item 610 - Subsection 191(2) (note 2)

1207. Item 610 repeals and replaces note 2 to subsection 191(2), which currently provides that transfers from the Federal Court are covered by section 32AB of the Federal Court Act and that transfers from the Federal Circuit Court are covered by section 39 of the Federal Circuit Court Act. As a result of the court reforms, the Federal Circuit Court Act will be repealed, with most of the substantive provisions in that Act being moved into the proposed Federal Circuit and Family Court of Australia Act 2019. This item repeals note 2 to subsection 191(2) of the National Consumer Credit Protection Act 2009 to replace 'Federal Circuit Court are covered by section 39 of the Federal Circuit Court Act' with 'section 153 of the Federal Circuit and Family Court of Australia Act 2019'. Section 153 of the Federal Circuit and Family Court of Australia Act 2019 contains the relevant transfer provisions from the FCFC (Division 2), and will result in no change to the current intention of note 2.

Item 611 - Paragraph 199(1)(a)

1208. Item 611 amends paragraph 199(1)(a), which relates to applications for small claims procedures. In particular, item 611 replaces the reference to the 'Federal Circuit Court' with 'Federal Circuit and Family Court of Australia (Division 2)'. This appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not change the operation of the paragraph.

National Disability Insurance Scheme Act 2013

Item 612 - Subparagraphs 73ZE(3)(e)(ii) and 73ZF(2)(e)(ii)

1209. Item 612 repeals subparagraphs 73ZE(3)(e)(ii) and 73ZF(2)(e)(ii) of the National Disability Insurance Scheme Act 2013 and replaces them with new paragraphs. Subparagraph 73ZE(3)(e)(ii) provides that the Federal Circuit Court is a relevant court in relation to Part 3A of the Act for the purposes of Part 2 of the Regulatory Powers (Standard Provisions) Act 2014. Subparagraph 73ZF(3)(e)(ii) provides that the Federal Circuit Court is a relevant court in relation to evidential material that relates to a provision mentioned in subsection 73ZF(1) for the purposes of Part 3 of the Regulatory Powers (Standard Provisions) Act 2014. The new subparagraphs provide that the FCFC (Division 2) is a relevant court for the purposes of the relevant sections. The new subparagraphs appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively change the operation of the subparagraphs.

Item 613 - Paragraph 73ZJ(3)(b)

1210. Item 613 updates the reference to the 'Federal Circuit Court of Australia' to be 'Federal Circuit and Family Court of Australia (Division 2)' in paragraph 73ZJ(3)(b) by repealing the paragraph and replacing it with a new one. Section 73ZJ provides for the Commonwealth to pay compensation in specified circumstances for damage to electronic equipment operated as mentioned in section 73ZG or 73ZH of the Act. Paragraph 73ZJ(3)(b) provides that if the Commonwealth and the owner or user fail to agree, the owner or user may institute proceedings in the Federal Circuit Court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of section 73ZJ.

Item 614 - Paragraphs 73ZK(3)(b), 73ZP(3)(b) and 73ZQ(3)(b)

1211. Item 614 repeals and replaces paragraphs 73ZK(3)(b), 73ZP(3)(b) and 73ZQ(3)(b). The new paragraphs update the reference to the 'Federal Circuit Court of Australia' to be the 'the Federal Circuit and Family Court of Australia (Division 2)'. Paragraph 73ZK(3)(b) provides that the Federal Circuit Court is a relevant court in relation to the civil penalty provisions of Part 3A of the Act for the purposes of Part 4 of the Regulatory Powers (Standard Provisions) Act 2014. Paragraph 73ZP(3)(b) provides that the Federal Circuit Court is a relevant court in relation to the provisions of the National Disability Insurance Scheme Act 2013 for the purposes of Part 6 of the Regulatory Powers (Standard Provisions) Act 2014. Paragraph 73ZQ(3)(b) provides that the Federal Circuit Court is a relevant court in relation to the provisions of the National Disability Insurance Scheme Act 2013 for the purposes of Part 7 of the Regulatory Powers (Standard Provisions) Act 2014. The new paragraphs appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively change the operation of the paragraphs.

National Greenhouse and Energy Reporting Act 2007

Item 615 - Section 7 (paragraph (b) of the definition of court )

1212. Item 615 repeals paragraph (b) of the definition of 'court' in section 7 of the National Greenhouse and Energy Reporting Act 2017. Paragraph (b) provides that 'court' means the Federal Circuit of Australia. Item 615 substitutes a new paragraph, which replaces the reference to 'the Federal Circuit Court of Australia' with 'the Federal Circuit and Family Court of Australia (Division 2)'. This item makes the necessary nomenclature change to reflect the new court structure and does not substantively alter the operation of the definition.

National Health Act 1953

Item 616 - Subparagraph 134D(2)(b)(ii)

1213. Item 616 amends subparagraph 134D(2)(b)(ii) of the National Health Act 1953 by repealing the subparagraph containing a reference to the 'Federal Circuit Court of Australia' and substituting a new paragraph which refers to the 'Federal Circuit and Family Court of Australia (Division 2)'. Section 134D of the National Health Act 1953 was inserted by the Health Legislation Amendment (Improved Medicare Compliance and Other Measures) Act 2018 and which took effect on 1 July 2018. It provides the relevant courts for the purposes of Part 4 of the Regulatory Powers Act 2014. This item appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the provision.

National Health Security Act 2007

Item 617 - Subsections 62(1) and 79A(3)

1214. Item 617 amends subsections 62(1) and 79A(3) of the National Health Security Act 2007. Subsection 62(1) provides that if a person has engaged, is engaging, or is about to engage in any conduct that is or would be an offence against the Part 3 of the Act, the Federal Court or the Federal Circuit Court may, on the application of the Secretary, grant an injunction restraining the person from engaging in the conduct. Subsection 79A provides for the Commonwealth to pay compensation in specified circumstances for damage to electronic equipment operated as mentioned in section 67 or 70A of the Act. Subsection 79A(3) provides that if the Commonwealth and the owner or user fail to agree, the owner or user may institute proceedings in the Federal Court or the Federal Circuit Court. This item removes the references in both subsections to the 'Federal Circuit Court of Australia' and replaces them with 'Federal Circuit and Federal Court of Australia (Division 2)'. The item makes the necessary nomenclature change to reflect the new court structure and does not substantively alter the operation of the subsections.

National Measurement Act 1960

Item 618 - Section 18LL

1215. Item 618 amends section 18LL of the National Measurement Act 1960, which provides an overview of Division 4 of Part VIII of the Act. The item omits paragraph (3) of the section which provides that the Secretary may apply to the Federal Court or the Federal Circuit Court for an injunction to restrain a person from conduct that would be an offence under Part IV, V, VI or VII of the Act. Item 618 replaces this paragraph with a new paragraph that provides the Secretary may apply to the Federal Court or the FCFC (Division 2) for an injunction to restrain a person from conduct that would be an offence under Part IV, V, VI or VII. This amendment reflects the updated nomenclature associated with the new court structure and does not substantively alter the operation of the section.

Item 619 - Subsections 18LN(1), 18LO(1) and 18QE(1)

1216. Item 619 amends subsections 18LN(1), 18LO(1) and 18QE(1). Subsection 18LN(1) deals with enforcing undertakings and provides that if the Secretary considers that a person who gave an undertaking under section 18LM has breached a term of the undertaking, the Secretary may apply to the Federal Court or the Federal Circuit Court for an order under subsection 18LM(2).

1217. Subsection 18LO(1) deals with injunctions and provides that if a person has engaged, is engaging or is proposing to engage in conduct that constituted, constitutes or would constitute an offence against Part IV, V, VI or VII, the Federal Court or the Federal Circuit Court may, on the application of the Secretary, grant a specified injunction.

1218. Subsection 18QE(1) provides that if the Secretary considers that a licensee who gave an undertaking under section 18QD has breached a term of the undertaking, the Secretary may apply to the Federal Court or the Federal Circuit Court for an order under subsection 18QE(2).

1219. This item removes all references to the 'Federal Circuit Court of Australia' in the subsections and replaces them with references to the 'Federal Circuit and Family Court of Australia (Division 2)'. These amendments reflect the updated nomenclature associated with the new court structure and does not substantively alter the operation of the subsections.

Item 620 - Section 19K (heading)

1220. Item 620 amends the heading to section 19K. The heading currently reads 'Jurisdiction of the Federal Court of Australia and the Federal Circuit Court of Australia'. The item removes the reference to the 'Federal Circuit Court of Australia' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. The new heading reads 'Jurisdiction of the Federal Court of Australia and the Federal Circuit and Family Court of Australia (Division 2)'.

Item 621 - Section 19K

1221. Item 621 amends section 19K. Section 19K provides that jurisdiction is conferred on the Federal Court and the Federal Circuit Court in respect of matters arising under section 18LN, section 18LO, section 18MR (only in relation to the Federal Court of Australia), and section 18QE.

1222. This item removes the reference to the 'Federal Circuit Court of Australia' and replaces it with 'Federal Circuit and Federal Court of Australia (Division 2)'. This amendment reflects the updated nomenclature associated with the new court structure and does not substantively alter the operation of the section.

National Redress Scheme for Institutional Child Sexual Abuse Act 2019

Item 622 - Paragraph 190(3)(b)

1223. Item 622 amends paragraph 190(3)(b) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, which provides that for the purposes of Part 4 of the Regulatory Powers (Standard Provisions) Act 2014, the Federal Circuit Court is a relevant court in relation to the civil penalty provisions of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This item removes the reference to the 'Federal Circuit Court of Australia' and replaces it with 'Federal Circuit and Federal Court of Australia (Division 2)'. This amendment reflects the updated nomenclature associated with the new court structure and does not substantively alter the operation of the paragraph.

National Vocational Education and Training Regulator Act 2011

Item 623 - Section 3 (definition of Federal Circuit Court )

1224. Item 6239 repeals the definition of 'Federal Circuit Court' in section 3 of the National Vocational Education and Training Regulator Act 2011, which provides definitions for terms contained within the Act. The definition is no longer required as the Federal Circuit Court will be continued as 'Federal Circuit and Family Court of Australia (Division 2)'. Where references in the Act are made to the 'Federal Circuit and Family Court of Australia (Division 2)' the title of that Court is provided in full.

Item 624 - Section 3, paragraph (b) (definition of issuing officer )

1225. Item 624 amends paragraph (b) of the definition of 'issuing officer' in section 3. Paragraph (b) currently provides that an issuing officer means a Judge of the Federal Circuit Court in relation to whom a consent under subsection 91(1) and a nomination under subsection 91(2) are in force. This item removes the reference to the 'Federal Circuit Court' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment does not have an effect on the operation of this definition, and reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2).

Item 625 - Section 91 (heading)

1226. Item 625 amends the heading to section 91 by replacing the reference to 'Federal Circuit Court' with 'Federal Circuit and Family Court of Australia (Division 2)'. The heading will now read 'Judges of the Federal Circuit and Family Court of Australia (Division 2)-consent to nomination'.

Item 626 - Subsections 91(1) and (2) and 92(2)

1227. Item 626 amends subsections 91(1) and (2) and 92(2) by removing the references to the 'Federal Circuit Court' and replacing them with 'Federal Circuit and Family Court of Australia (Division 2)'. These sections relate to the powers of issuing officers. This item allows these subsections to appropriately reflect the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2), and does not impact on the operation of these subsections.

Item 627 - Section 137 (heading)

1228. Item 627 amends the heading to section 137 by replacing the reference to 'Federal Circuit Court' with 'Federal Circuit and Family Court of Australia (Division 2)'. The heading will now read 'Federal Court or Federal Circuit and Family Court of Australia (Division 2) may impose pecuniary penalty'.

Item 628 - Subsections 137(1), (2), (3) and (4)

1229. Item 628 amends subsections 137(1), (2), (3) and (4) by removing references to the 'Federal Circuit Court' and replacing them with 'Federal Circuit and Family Court of Australia (Division 2)'. These subsections deal with the ability of the Federal Court or the Federal Circuit Court to impose pecuniary penalty where a person has breached a civil penalty provision. This item amends these subsections to appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2), and does not impact on the operation of the subsections.

Item 629 - Section 139

1230. Item 629 amends section 139 by removing the reference to the 'Federal Circuit Court' and replacing it with 'Federal Circuit and Family Court of Australia (Division 2)'. Section 139 deals with the recovery of a pecuniary penalty by the Commonwealth. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not impact on the operation of the section.

Item 630 - Subsections 140(4), 141(2) and (4)

1231. Item 630 amends subsections 140(4), 141(2) and (4) by removing the references to the 'Federal Circuit Court' and replacing them with 'Federal Circuit and Family Court of Australia (Division 2)'. These subsections deal with the gathering of information by the National VET Regulator in relation to an application for a pecuniary penalty, and continuing and multiple contraventions of civil penalty provisions. This item makes the necessary nomenclature changes to these subsections and does not impact on the operation of the subsections.

Item 631 - Section 142

1232. Item 631 amends section 142 by removing the reference to the 'Federal Circuit Court' and replacing it with 'Federal Circuit and Family Court of Australia (Division 2)'. Section 142 provides that the Federal Court or the Federal Circuit Court must not order a person to pay a pecuniary penalty for contravening a civil penalty provision if the person has been convicted of an offence against the Act constituted by conduct substantially the same as the conduct constituting the contravention. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not impact on the operation of this section.

Item 632 - Paragraph 147(1)(b)

1233. Item 632 amends paragraph 147(1)(b) which provides that if the National VET Regulator considers that a person who gave an undertaking under section 146 has breached any of its terms, the Regulator may apply to the Federal Circuit Court. This item repeals paragraph (b) which refers to 'the Federal Circuit Court' and replaces it with new paragraph (b) which reads 'the Federal Circuit and Family Court of Australia (Division 2)'. This amendment makes the necessary nomenclature changes to this paragraph.

Item 633 - Sections 150, 151, 152 and 153

1234. Item 633 amends sections 150, 151, 152 and 153 by removing all references to 'Federal Circuit Court' and replacing these with 'Federal Circuit and Family Court of Australia (Division 2)'. These sections deal with injunctions, which the National VET Regulator may apply for if a person has engaged, is engaging or proposing to engage, in any conduct that would be in contravention of the Act. This item allows these subsections to appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2), and does not impact on the operation of these sections.

Item 634 - Section 154 (heading)

1235. Item 634 amends the heading to section 154 by replacing the reference to 'Federal Circuit Court' with 'Federal Circuit and Family Court of Australia (Division 2)'. The heading will now read 'Other powers of the Federal Court or Federal Circuit and Family Court of Australia (Division 2) unaffected'.

Item 635 - Section 154

1236. Item 635 amends section 154 by removing the reference to the 'Federal Circuit Court' and replacing it with 'Federal Circuit and Family Court of Australia (Division 2)'. Section 154 provides that the powers conferred on the Federal Court or the Federal Circuit Court under this Division are in addition to, and not instead of, any other powers of the Court, whether conferred by the Act or otherwise. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not impact on the operation of this section.

Item 636 - Paragraph 232B(b)

1237. Item 636 amends paragraph 232B(b), which provides that a charge imposed by the National Vocational Education and Training Regulator (Charges) Act 2012 is recoverable as a debt due to the Commonwealth in the Federal Circuit Court. This item removes the reference to the 'Federal Circuit Court' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment makes the necessary nomenclature changes to the paragraph.

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Item 637 - Section 7 (definition of Federal Circuit Court )

1238. Item 637 repeals the definition of 'Federal Circuit Court' in section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, which provides definitions for terms contained within the Act. The definition of Federal Circuit Court is no longer required as the Federal Circuit Court will be continued as the FCFC (Division 2). Where reference is made to the FCFC (Division 2) in the Act, the reference is provided in full.

Item 638 - Subparagraphs 216(6)(b)(ii), 398(2)(b)(ii), 572D(3)(b)(ii), 572E(3)(b)(ii), 572F(2)(b)(ii), 577(3)(b)(ii), 577A(2)(b)(ii), 583(2)(b)(ii), 589(4)(b)(ii) and (5)(b)(ii), and 587(4)(b)(ii) and (5)(b)(ii)

1239. Item 638 repeals subparagraphs 216(6)(b)(ii), 398(2)(b)(ii), 572D(3)(b)(ii), 572E(3)(b)(ii), 572F(2)(b)(ii), 577(3)(b)(ii), 577A(2)(b)(ii), 583(2)(b)(ii), 589(4)(b)(ii) and (5)(b)(ii), and 597(4)(b)(ii) and (5)(b)(ii) and substitutes 'the Federal Circuit and Family Court of Australia (Division 2); or'. These subparagraphs set out forums in which various debts due to the Commonwealth can be recovered. These amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not affect the operation of these subparagraphs.

Item 639 - Subsection 602C(6)

1240. Item 639 amends subsection 602C(6), which provides that for the purposes of Part 2 of the Regulatory Powers (Standard Provisions) Act 2014, a magistrate, or a Judge of the Federal Circuit Court, is an issuing officer in relation to the listed National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) laws and the information mentioned in subsection 602C(2). This item removes the reference to the 'Federal Circuit Court' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not substantively alter the operation of the subsection.

Item 640 - Paragraph 602C(8)(b)

1241. Item 640 repeals paragraph 602C(8)(b) and replaces it with a new one. Paragraph 602C(8)(b) currently provides that for the purposes of Part 2 of the Regulatory Powers (Standard Provisions) Act 2014, the Federal Circuit Court is a relevant court in relation to the listed NOPSEMA laws and the information mentioned in subsection 602C(2). New paragraph 602C(8)(b) replaces the reference to the 'Federal Circuit Court' with 'Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the paragraph.

Item 641 - Subsection 602D(5)

1242. Item 614 amends subsection 602D(5), which provides that for the purposes of Part 3 of the Regulatory Powers (Standard Provisions) Act 2014, a magistrate, or a Judge of the Federal Circuit Court, is an issuing officer in relation to evidential material that relates to an offence or civil penalty provision mentioned in subsection 602D(1). This item removes the reference to the 'Federal Circuit Court' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not substantively alter the operation of the subsection.

Item 642 - Paragraphs 602D(7)(b), 611B(3)(b) and 611J(3)(b)

1243. Item 642 repeals paragraphs 602D(7)(b), 611B(3)(b) and 611J(3)(b), which reference the 'Federal Circuit Court', and replaces them with new paragraphs. Paragraphs 602D(7)(b), 611B(3)(b) and 611J(3)(b) provide that the Federal Circuit Court is a relevant court for the purposes of Parts 3, 4 and 7, respectively of the Regulatory Powers (Standard Provisions) Act 2014. The new paragraphs refer to the 'Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the paragraphs.

Item 643 - Paragraph 611N(3)(b)

1244. Item 643 repeals paragraph 611N(3)(b) and substitutes 'the Federal Circuit Court and Family Court of Australia (Division 2);'. These subparagraphs set out forums in which various debts due to the Commonwealth can be recoverable. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not affect the operation of these provisions.

Item 644 - Paragraph 634(3)(b)

1245. Item 644 repeals paragraph 634(3)(b) and substitutes 'the Federal Circuit Court and Family Court of Australia (Division 2); or'. These subparagraphs set out forums in which various debts due to the Commonwealth can be recoverable. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not affect the operation of these provisions.

Item 645 - Subparagraphs 685(3)(b)(ii), 686(5)(b)(ii), 687(7)(b)(ii), 688(5)(b)(ii), 688A(5)(b)(ii), 688B(5)(b)(ii), 688C(5)(b)(ii), 695L(3)(b)(ii) and 695M(7)(b)(ii)

1246. Item 645 repeals subparagraphs 685(3)(b)(ii), 686(5)(b)(ii), 687(7)(b)(ii), 688(5)(b)(ii), 688A(5)(b)(ii), 688N(5)(b)(ii), 688C(5)(b)(ii), 695L(3)(b)(ii) and 695M(7)(b)(ii) and substitutes 'the Federal Circuit Court and Family Court of Australia (Division 2); or'. These subparagraphs set out forums in which various debts due to the Commonwealth can be recoverable. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not affect the operation of these provisions.

Ombudsman Act 1976

Item 646 - Subsection 3(1) (definition of chief executive officer)

1247. Item 646 inserts a new definition of 'chief executive officer' into subsection 3(1) to the Ombudsman Act 1976. The definition largely replicates the effect of the current definition of 'chief executive officer of a court or tribunal' in the Act, with one key difference. Under the new court structure, the position of Chief Executive Officer of the Federal Circuit Court and will be abolished. The Chief Justice of the FCFC (Division 1) and the Chief Judge of the FCFC (Division 2) will now be supported by the Chief Executive Officer and Principal Registrar of the Federal Circuit and Family Court (Division 1). This change is reflected in the new definition. The item also includes some minor stylistic changes compared with the current wording of the definition, which clarify that the 'chief executive officer' means a specific person in relation to a specified court or tribunal.

Item 647 - Subsection 3(1) (definition of chief executive officer of a court or tribunal)

1248. Item 647 repeals the definition of 'chief executive officer of a court or tribunal' in subsection 3(1). Due to the amendments made by item 646 above, inserting a new definition of 'chief executive officer', this definition is no longer necessary.

Item 648 - Subsection 3(1) (paragraph (bb) of the definition of prescribed authority )

1249. Item 648 repeals paragraph (bb) of the definition of 'prescribed authority' in subsection 3(1) of the Act. Currently, paragraph (bb) of the definition of prescribed authority means a chief executive officer of a court or tribunal. Following the amendments made by item 646 above, item 647 substitutes a new paragraph (bb) of the definition, which provides 'a chief executive officer, in relation to a court or tribunal'. The amendment is consequential and does not change the meaning of the definition.

Item 649 - Subsection 3(1) (subparagraph (c)(i) of the definition of prescribed authority )

1250. Item 649 repeals subparagraph (c)(i) of the definition of 'prescribed authority' in subsection 3(1), and substitutes it with a new subparagraph (c)(i). The new subparagraph provides that the definition of prescribed authority means the person holding or performing the duties of an office established by an enactment other than the chief executive officer, in relation to a court or tribunal, or a person who, for the purposes of the Act, is to be taken to be a member of the staff of a court or tribunal. This follows the amendment made by item 648 above. The amendment is consequential and does not change the meaning of the definition.

Item 650 - Paragraph 3(14)(a)

1251. Item 650 repeals paragraph 3(14)(a) and replaces it with a new paragraph. Paragraph 3(14)(a) provides that for the purposes of the Act the officers (other than the chief executive officer) of a court or tribunal are taken to be members of the staff of the chief executive officer of the court or tribunal. The item inserts a new paragraph 3(14)(a) which, when read with item 651, provides that for the purposes of the Act the officers of a court or tribunal (other than the chief executive officer) are to be taken to be members of the staff of the court or tribunal. This amendment in this particular item is a stylistic change and does not change the operation of paragraph (a).

Item 651 - Subsection 3(14)

1252. Item 651 amends subsection 3(14). Subsection (14) currently provides that for the purposes of the Act the persons specified are taken to be members of the staff of the chief executive officer of the court or tribunal. The item amends this section to provide that, for the purposes of the Act, the persons specified are taken to be members of the staff of the court or tribunal. This amendment is made to more accurately reflect the functions of the persons specified.

Item 652 - Paragraph 3(16)(a)

1253. Item 652 repeals paragraph 3(16)(a), which provides that in relation to anything that concerns a chief executive officer of a court or tribunal a reference to which this subsection applies has effect in accordance with subsection 3(18). The item inserts a new paragraph (a), which provides that in relation to anything that concerns a chief executive officer of a court or tribunal a reference to which this subsection applies has effect in accordance with subsection 3(18). The amendment is consequential and does not change the operation of the paragraph.

Item 653 - Paragraph 3(18)(a)

1254. Item 653 repeals paragraph 3(18)(a), which provides that a reference to which subsection 3(16) applies is to be read in the case of the chief executive officer of a court as a reference to the chief justice or chief judge (however described) of the court. The item substitutes a new paragraph 3(18)(a), which provides that 'in the case of the chief executive officer, in relation to a court, the reference is to be read as a reference to the chief justice or chief judge (however described) of the court'. The amendment is consequential and does not change the operation of the paragraph.

Item 654 - Paragraph 3(18)(c)

1255. Item 654 amends paragraph 3(18)(c). Paragraph (c) provides that a reference to which subsection 3(16) applies is to be read, in the case of the chief executive officer of a tribunal other than the Administrative Appeals Tribunal, as a reference to the president or principal member (however described) of the tribunal or, if the tribunal consists of a single member, as a reference to that member. The item omits the words 'chief executive officer of a tribunal other than the Administrative Appeals Tribunal' and substitutes them with 'chief executive officer, in relation to a tribunal (other than the Administrative Appeals Tribunal)'. This amendment is a stylistic change and does not change the operation of the paragraph.

Item 655 - Paragraph 5(2)(ba)

1256. Item 655 amends paragraph 5(2)(ba), which provides that the Ombudsman is not authorised to investigate action by the chief executive officer of a court or by a person who, for the purposes of the Act, is to be taken to be a member of the staff of the chief executive officer of a court when exercising a power of the court when performing a function, or exercising a power, of a judicial nature. The item removes the words 'chief executive officer of a court or by a person who, for the purposes of this Act, is to be taken to be a member of the staff of the chief executive officer of a court'. The item substitutes the words 'chief executive officer, in relation to a court, or by a person who, for the purposes of this Act, is to be taken to be a member of the staff of a court'. This amendment is a stylistic change and does not change the operation of the paragraph.

Item 656 - Subsection 16(5)

1257. Item 656 amends subsection 16(5), which relates to the operation of subsections 16(1) to (3) in the case of an Ombudsman's report relating to a prescribed authority constituted by the chief executive officer of a court or tribunal. The item omits the words 'chief executive officer of a court' in the opening of the section and replaces them with 'chief executive officer, in relation to a court or tribunal'. This amendment is a stylistic change and does not change the operation of the paragraph.

Item 657 - Paragraph 16(5)(a)

1258. Item 657 amends paragraph 16(5)(a), which provides that, for the purposes of subsection (5), if an Ombudsman's report relates to the chief executive officer of a court, a reference to the Prime Minister is to be read as a reference to the chief justice or chief judge (however described) of the court, as the case requires. The item omits the words 'chief executive officer of a court' and substitutes them with 'chief executive officer, in relation to a court'. This amendment is a stylistic change and does not change the operation of the paragraph.

Item 658 - Paragraph 16(5)(c)

1259. Item 658 amends paragraph 16(5)(c) of the Act, which provides that, for the purposes of subsection (5), if the report relates to the chief executive officer of a tribunal other than the Administrative Appeals Tribunal a reference to the Prime Minister is to be read as a reference to the president or principal member (however described) of the tribunal or, if the tribunal consists of a single member, as a reference to that member. The item omits the words 'chief executive officer of a tribunal other than the Administrative Appeals Tribunal' and substitutes them with 'chief executive officer, in relation to a tribunal (other than the Administrative Appeals Tribunal)'. This amendment is a stylistic change and does not change the operation of the paragraph.

Ozone Protection and Synthetic Greenhouse Gas Management Act 1989

Item 659 - Section 7 (paragraph (b) of the definition of designated court )

1260. Item 659 repeals paragraph (b) of the definition of 'designated court' within section 7 of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989. Paragraph (b) currently provides a reference to the 'Federal Circuit Court'. The item substitutes a new paragraph (b) which replaces this reference with 'the Federal Circuit and Family Court of Australia (Division 2); or'. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantially change the operation of the definition.

Item 660 - Section 7 (paragraph (b) of the definition of designated court )

1261. Item 660 repeals the definition of 'Federal Circuit Court' from section 7. The definition is no longer required as the Federal Circuit Court will be continued as FCFC (Division 2). Where reference is made to the FCFC (Division 2) in the Act, the reference is provided in full.

Paid Parental Leave Act 2010

Item 661 - Section 6 (definition of Federal Circuit Court )

1262. Item 661 repeals the definition of 'Federal Circuit Court' from section 6 of the Paid Parental Leave Act 2010. The definition is no longer required as the Federal Circuit Court will be continued as FCFC (Division 2). Where reference is made to the 'Federal Circuit and Family Court of Australia (Division 2)' in the Act, the reference is provided in full.

Item 662 - Paragraph 147(3)(b)

1263. Item 662 repeals paragraph 147(3)(b), which provides that the Federal Circuit Court is a relevant court in relation to the civil penalty provisions of the Act for the purposes of Part 4 of the Regulatory Powers (Standard Provisions) Act 2014. The item substitutes a new paragraph 147(3)(b), which removes the reference to the Federal Circuit Court and replaces it with a reference to the FCFC (Division 2). The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of paragraph 147(3)(b).

Item 663 - Subsection 156(5)

1264. Item 663 amends subsection 156(5), which provides that the Federal Court or the Federal Circuit Court may order a person to comply with a request under subsection 156(1) in a specified way. Only the Secretary may apply to the court for an order under subsection 156(5). This item removes the reference to the 'Federal Circuit Court' and replaces it with a reference to 'Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the subsection.

Item 664 - Subsection 200D(1) (note)

1265. Item 664 amends the note at subsection 200D(1), which provides that Subdivision E, Division 7A, of Part 4-3 of the Act deals with appeals to the Federal Court or the Federal Circuit Court against the making of departure prohibition orders. This item removes the reference to the 'Federal Circuit Court' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the intentions of the note.

Item 665 - Subsection 200N(1)

1266. Item 665 amends subsection 200N(1), which provides that a person aggrieved by the making of a departure prohibition order may appeal to the Federal Court or the Federal Circuit Court against the making of the order. Item 665 removes the reference to the 'Federal Circuit Court' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the subsection.

Item 666 - Section 297

1267. Item 666 amends section 297, which provides a guide to the interpretation of Part 6-3 of the Act. The item omits the words 'Division 3 confers jurisdiction on the Federal Court and the Federal Circuit Court' and replaces them with 'Division 3 confers jurisdiction on the Federal Court and the Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the section.

Item 667 - Section 301 (heading)

1268. Item 667 amends the heading to section 301, which reads 'Jurisdiction of Federal Circuit Court'. The item removes the reference to the 'Federal Circuit Court' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. The new heading reads 'Jurisdiction of Federal Circuit and Family Court of Australia (Division 2)'.

Item 668 - Section 301

1269. Item 668 amends section 301, which provides that jurisdiction is conferred on the Federal Circuit Court in relation to civil matters arising under the Act. The item removes the reference to the 'Federal Circuit Court' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the section.

Parliamentary Business Resources Act 2017

Item 669 - Section 5 (paragraph (b) of the definition of relevant court )

1270. Item 669 repeals paragraph (b) of the definition of 'relevant court' in section 5 of the Parliamentary Business Resources Act 2017. Section 5 provides definitions for terms in the Act. The item substitutes a new paragraph (b), which replaces the reference to the Federal Circuit Court with the FCFC (Division 2). The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the definition.

Personal Property Securities Act 2009

Item 670 - Section 10

1271. Item 670 repeals the definitions of 'Family Court' and 'Federal Circuit Court' in section 10 of the Personal Property Securities Act 2009. Section 10 provides definitions for terms contained within the Act. The definition of Family Court is no longer required as the Family Court will be continued as FCFC (Division 1). Similarly, the definition of Federal Circuit Court is no longer required as the Federal Circuit Court will be continued as the FCFC (Division 2). Where reference is made to the FCFC (Division 1) or the FCFC (Division 2) in the Act, the references are provided in full.

Item 671 - Section 205

1272. Item 671 amends section 205, which provides a guide to Part 6.2 of the Act relating to judicial proceedings generally. The item omits the paragraph of the guide which refers to the Family Court and the Federal Circuit Court. It substitutes a revised paragraph which replaces the references to those courts with references to the FCFC (Division 1) and FCFC (Division 2). This reflects the continuation of the Family Court and the Federal Circuit Court as the FCFC (Division 1) and FCFC (Division 2), respectively.

Item 672 - Section 206(1)(b)

1273. Item 672 amends section 206(1)(b), which deals with the scope of Part 6.2 in relation to judicial proceedings. This item replaces the reference to the Federal Circuit Court with the FCFC (Division 2). This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively change the operation of the section.

Item 673 - Section 207 (after table item 1)

1274. Item 673 amends the table in section 207, which confers jurisdiction on certain courts in relation to civil matters arising under the Act and places specified limits on the exercise of that jurisdiction. This item inserts a new item 1A after item 1 of the table, including the FCFC (Division 1) in the column titled 'Court on which jurisdiction is conferred' and provides that this court has 'No specified limits' in the column titled 'Limits of jurisdiction'. This amendment replaces item 4 of the table, which provides that the Family Court has no specified limits in its jurisdiction. This amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively change the operation of the table.

Item 674 - Section 207 (cell at table item 2, column headed 'Court on which jurisdiction is conferred')

1275. Item 674 amends the table in section 207, which confers jurisdiction on certain courts in relation to civil matters arising under the Act and places specified limits of the exercise of that jurisdiction. This item removes the reference to the 'Federal Circuit Court' at item 2 in the column titled 'Court on which jurisdiction is conferred' and replaces it with a reference to the 'Federal Circuit and Family Court of Australia (Division 2)'. This appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively change the operation of the table.

Item 675 - Section 207 (table item 4)

1276. Item 675 amends the table in section 207, which confers jurisdiction on certain courts in relation to civil matters arising under the Act and places specified limits of the exercise of that jurisdiction. This item removes item 4 of the table. This is because item 673 inserts a new table item 1A, which outlines the jurisdiction for the FCFC (Division 1). As the Family Court continues to operate as the FCFC (Division 1), item 4 of the table is no longer necessary.

Item 676 - Section 208 (table)

1277. Item 676 amends the table in section 208, which prevents cross-jurisdiction in certain courts on appeals relating to civil matters arising under the Act. This item repeals the table and inserts a new table which contains no references to the Family Court or the Federal Circuit Court. The table contains new references to the 'Federal Circuit and Family Court of Australia (Division 1)' and 'Federal Circuit and Family Court of Australia (Division 2)'. This appropriately reflects the continuation of the Family Court and the Federal Circuit Court, as the FCFC (Division 1) and the FCFC (Division 2), respectively.

1278. This item inserts new item 1 of the table which provides that an appeal may not be instituted from a decision of the Federal Court to the FCFC (Division 1) to the FCFC (Division 2), or to a State or Territory Court.

1279. This item inserts new item 2 of the table which provides that an appeal may not be instituted from a decision of the FCFC (Division 1) to the Federal Court, the FCFC (Division 2), or to a State or Territory Court.

1280. This item inserts new item 3 of the table which provides that an appeal may not be instituted from a decision of the FCFC (Division 2) to a State or Territory Court.

1281. This item inserts new item 4 of the table which provides that an appeal may not be instituted from a decision of a court of a State (other than a State Family Court) to the Federal Court, the FCFC (Division 1), the FCFC (Division 2), to a State or Territory Court, or to a State Family Court of the same State.

1282. This item inserts new item 5 of the table which provides that an appeal may not be instituted from a decision of a court of the Australian Capital Territory to the Federal Court, the FCFC (Division 1), the FCFC (Division 2), to a State Court, or to the Court of another Territory.

1283. This item inserts new item 6 of the table which provides that an appeal may not be instituted from a decision of a court of the Northern Territory to the Federal Court, the FCFC (Division 1), the FCFC (Division 2), to a State Court, or to the Court of another Territory.

1284. This item inserts new item 7 of the table which provides that an appeal may not be instituted from a decision of a court of an external Territory to the FCFC (Division 1), the FCFC (Division 2), or to a Court of a State or another Territory (whether internal or external).

1285. This item inserts new item 8 of the table which provides that an appeal may not be instituted from a decision of a State Family Court to the Federal Court, the FCFC (Division 2), to the Supreme Court of the same State, or to a Court of another State or Territory.

Item 677 - Subsection 210(2) (table)

1286. Item 677 amends the table in subsection 210(2), which deals with the application of Division 3 of Part 6.2 of the Act. Item 677 repeals the table and inserts a new table which contains no references to the Family Court and the Federal Circuit Court. The table replaces these references with references to the FCFC (Division 1) and FCFC (Division 2). This appropriately reflects the continuation of the Family Court and the Federal Circuit Court, as the FCFC (Division 1) and the FCFC (Division 2), respectively.

1287. This item also introduces a new line in the table, providing that other legislation applies when the Federal Court is both the transferring court and the receiving court. Amendments will be made to the Federal Court Act to introduce a new provision (section 32AC) allowing the Federal Court to transfer a matter, either on the application of a party or on the Court's own initiative, from the FCFC (Division 2) to the Federal Court. This will allow the Federal Court to uplift matters from the FCFC (Division 2) where it considers it is appropriate to do so.

Item 678 - Subsection 210(2) (note 1)

1288. Item 678 amends note 1 of subsection 210(2) by replacing the reference to the 'Federal Circuit Court' with 'Federal Circuit and Family Court of Australia (Division 2)'. Note 1 provides that the Federal Circuit Court can transfer a matter to the Federal Court with a recommendation that the Federal Court transfer the matter to a superior court other than the Federal Court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively change the intention of the note.

Item 679 - Subsection 210(2) (note 2)

1289. Item 679 repeals note 2 of subsection 210(2) and replaces it with a new note 2. Note 2 gives further detail as to which legislation is in scope for the operation of the subsection. New note 2 refers to the correct provisions relating to transfers between the courts specified in subsection 210(2).

Item 680 - Subsection 211(3) (paragraph (a) of the definition of lower court )

1290. Item 680 amends subsection 211(3), which deals with the exercise of transfer powers between courts. It repeals paragraph (a) of the definition of 'lower court' under subsection 211(3), defined as the 'Federal Circuit Court', and replaces it with a new definition which refers to the 'Federal Circuit and Family Court of Australia (Division 2)'. This appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively change the operation of the definition.

Item 681 - Subsection 211(3) (paragraph (a) of the definition of relevant superior court )

1291. Item 681 amends subsection 211(3), which deals with the exercise of transfer powers between courts. It amends the definition of 'relevant superior court' under subsection 211(3), which is defined as the Federal Court in relation to the 'Federal Circuit Court', and provides that it is the Federal Court in relation to the 'Federal Circuit and Family Court of Australia (Division 2)'. This appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively change the operation of the definition.

Item 682 - Subsection 211(3) (after paragraph (a) of the definition of superior court )

1292. Item 682 amends subsection 211(3), which deals with the exercise of transfer powers between courts. It inserts new paragraph (aa) in the definition of 'superior court', providing that 'superior court' means the 'Federal Circuit and Family Court of Australia (Division 1); or'. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively change the operation of the definition.

Item 683 - Subsection 211(3) (paragraph (c) of the definition of superior court )

1293. Item 683 repeals subsection 211(3), which deals with the exercise of transfer powers between courts. It repeals paragraph (c) under the definition of 'superior court', which refers to the Family Court. This change appropriately reflects the continuation of the Family Court as the FCFC (Division 1), which is inserted as new paragraph (aa) in the definition of 'superior court' by item 682 above.

Item 684 - Subsections 221(3) and 222(3)

1294. Item 684 amends both subsections 221(3) and 222(3) which deal with civil penalty provisions and enforceable undertakings, respectively. This item repeals paragraphs (b) under both subsections which currently refer to the 'Federal Circuit Court of Australia', and substitutes them with new paragraphs (b) which refer to the 'Federal Circuit and Family Court of Australia (Division 2);'. This appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively change the operation of these subsections.

Petroleum and Other Fuels Reporting Act 2017

Item 685 - Subparagraphs 33(2)(f)(ii) and 35(2)(b)(ii)

1295. Item 685 amends subparagraphs 33(2)(f)(ii) and 35(2)(b)(ii) of the Petroleum and Other Fuels Reporting Act 2017. Subparagraph 33(2)(f)(ii) provides that the Federal Circuit Court of Australia is a relevant court for the purposes of Part 2 of the Regulatory Powers (Standard Provisions) Act 2014, as that Part applies in relation to the information mentioned in subsection (1). Subparagraph 35(2)(b)(ii) deals with civil penalty provisions and provides the Federal Circuit Court of Australia is a relevant court in relation to the civil penalty provisions of the Act for the purposes of Part 4 of the Regulatory Powers (Standard Provisions) Act 2014. This item removes the references to the 'Federal Circuit Court' from both subparagraphs and replaces them with 'Federal Circuit and Family Court of Australia (Division 2);'. This appropriately reflects the continuation of the Federal Circuit Court as the Federal Circuit and Family Court of Australia (Division 2) and does not substantively change the operation of these paragraphs.

Plant Breeder's Rights Act 1994

Item 686 - Subsection 3(1) (definition of Federal Circuit Court )

1296. Item 686 repeals the definition of 'Federal Circuit Court' in section 3. Section 3 provides definitions of expressions used in the Plant Breeder's Rights Act 1994. The definition is no longer required as the Federal Circuit Court will be continued as the FCFC (Division 2). Where references in the Act are made to the FCFC (Division 2), the reference is provided in full.

Item 687 - Paragraphs 39(5)(b) and 50(7)(b)

1297. Item 687 replaces the reference to 'Federal Circuit Court' with 'Federal Circuit and Family Court of Australia (Division 2)'. Section 39 provides provisional protection to applicants for a plant breeder's right, whose rights may cease to apply due to a variety of circumstances outlined in subsection 39(2). Section 50 provides circumstances in which the Secretary must or may revoke a plant breeder's right. Paragraphs 39(5)(b) and 50(7)(b) clarify that nothing in section 39 or 50 affects the powers of the Federal Court, the Federal Circuit Court, or a Judge of those courts, under subsections 44A(2) or 44A(2A) of the Administrative Appeals Tribunal Act 1975, respectively. This is a consequential amendment to reflect the new name of the Court and does not alter the powers or functions conferred under section 39 or 50.

Item 688 - Subsections 54(1) and 55(1)

1298. Item 688 replaces the reference to 'Federal Circuit Court' with 'Federal Circuit and Family Court of Australia (Division 2)'. Section 54 provides actions that can be taken in the event of an infringement of a plant breeder's right. Section 55 provides for the circumstances and procedure for a declaration as to non-infringement of a plant's breeder's right that may be applied for. Both an action for infringement and an application for a declaration as to non-infringement were able to be made to the Federal Circuit Court, which can now be made to the Federal Circuit and Family Court of Australia (Division 2). This is a consequential amendment to reflect the new name of the Court and does not alter the powers or functions conferred under section 54 or 55.

Item 689 - Subsections 56(1) (note)

1299. Item 689 repeals the note in subsection 56(1) and inserts two notes to clarify that a matter may be transferred to the Federal Court by the FCFC (Division 2) under clause 153 of the FCFC Bill, and that a matter may be transferred from the FCFC (Division 2) by the Federal Court under section 32AC of the Federal Court Act.

Item 690 - Paragraph 56(2)(a)

1300. Item 690 replaces the reference to 'Federal Circuit Court' with 'Federal Circuit and Family Court of Australia (Division 2)'. This is a consequential amendment to reflect the new name of the Court and does not alter the jurisdiction of the Federal Court conferred under section 56(2).

Item 691 - Section 56A (heading)

1301. Item 691 replaces the reference to 'Federal Circuit Court' with 'Federal Circuit and Family Court of Australia (Division 2)'. This is a consequential amendment to reflect the new name of the Court. This amendment reflects further amendments that are made in this bill to subsections of section 56A.

Item 692 - Subsections 56A(1), (3), (3A) and (4)

1302. Item 692 amends subsections 56A(1), (3), (3A) and (4) of the Act, which deal with the jurisdiction of the Federal Circuit Court. Subsection 56A(1) provides that the Federal Circuit Court has jurisdiction with respect to matters in which actions may, under Part 5 of the Act, be begun in the Federal Circuit Court. Subsection 56A(3) provides that the relief that the Federal Circuit Court may grant in an action or proceeding for infringement of a plant breeders' right includes an injunction (subject to such terms, if any, as the Federal Circuit Court thinks fit) and, at the option of the plaintiff, either damages or an account of profits. Subsection 56A(3A) provides that the Federal Circuit Court may include an additional amount in an assessment of damages if it considers it appropriate to do so.

1303. Subsection 56A(4) provides that the regulations may make provision in relation to the practice and procedure of the Federal Circuit Court in actions under this Act, including provision prescribing the time within which any action may be begun, or any other act or thing may be done, and providing for the extension of any such time. This item removes the references to the 'Federal Circuit Court' in these subsections and replaces them with 'Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the subsections.

Item 693 - Subsection 56A(5)

1304. Item 693 repeals and replaces subsection 56A(5), which provides that subsection 56A(4) does not limit the power of the Judges of the Federal Circuit Court, or a majority of them, to make Rules of Court under section 81 of the Federal Circuit Court Act that are consistent with the regulations referred to in that subsection.

1305. New subsection 56A(5) provides that subsection (4) does not limit the power of the Chief Judge of the FCFC (Division 2) to make Rules of Court under Chapter 4 of the FCFC Bill that are consistent with the regulations referred to in that subsection. The amendment reflects the proposed new power of the Chief Judge of the FCFC (Division 2) to make Rules of Court for the FCFC (Division 2), rather than the Judges or a majority of Judges. The amendment also refers to the correct provision for the rule-making power for the FCFC (Division 2).

Item 694 - Subsections 57A(1) and (2)

1306. Item 694 omits the words 'Federal Circuit Court' and substitutes 'Federal Circuit and Family Court of Australia (Division 2)'. Subsections 57A(1) and (2) outlines what recourse a person is threatened by another with proceedings for infringing the Plant Breeder's Rights has in the Federal Court or the Federal Circuit Court. It also outlines what constitutes threats. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not affect the operation of these provisions.

Items 695 and 696 - Section 57B and Section 72

1307. Items 695 and 696 amend section 57B and section 72 respectively. Section 57B outlines the powers of the Federal Court or Federal Circuit Court to grant relief sought by an applicant under section 57A. Section 72 provides subject to any other law of the Commonwealth, including Rules of Court of the High Court, the Federal Court or the Federal Circuit Court, an application, a written submission or any other document may be prepared or lodged, and any business may be transacted, for the purposes of this Act, by one person on behalf of another person.

1308. These items remove the references to the 'Federal Circuit Court' and replaces them with 'Federal Circuit and Family Court of Australia (Division 2)'. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of the subsections.

Privacy Act 1988

Item 697 - Subsection 6(1) (definition of Federal Circuit Court )

1309. Item 697 repeals the definition of the Federal Circuit Court in subsection 6(1) of the Privacy Act 1988. The definition is no longer required as the Federal Circuit Court will be continued as Federal Circuit and Family Court of Australia (Division 2). Where reference is made to the Federal Circuit and Family Court of Australia (Division 2) in the Act, the reference is provided in full.

Item 698 - Section 19

1310. Item 698 amends section 19, which provides a guide to the interpretation of Part IIIA of the Act. This item omits the words 'Division 7 provides for compensation orders, and other orders, to be made by the Federal Court or Federal Circuit Court' and replaces them with 'Division 7 provides for compensation orders, and other orders, to be made by the Federal Court or Federal Circuit and Family Court of Australia (Division 2).'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the section.

Item 699 - Subsections 25(1) and 25A(2)

1311. Item 699 amends subsections 25(1) and 25A(2). Subsection 25(1) provides the circumstances in which the Federal Court or the Federal Circuit Court may order an entity to compensate a person for loss or damage (including injury to the person's feelings or humiliation) suffered by the person. Subsection 25A(2) provides that the Federal Court or the Federal Circuit Court may make such orders as the Court considers appropriate against the entity to compensate the person or prevent or reduce the loss or damage suffered by the person. This item removes the references to the 'Federal Circuit Court' in both subsections and replaces them with 'Federal Circuit and Family Court of Australia (Division 2)'. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of the section.

Item 700 - Section 55A (heading)

1312. Item 700 amends the heading to section 55A, which reads 'Proceedings in the Federal Court or Federal Circuit Court to enforce a determination'. The item removes the reference to the 'Federal Circuit Court' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. The heading will now read 'Proceedings in the Federal Court or Federal Circuit and Family Court of Australia (Division 2) to enforce a determination'.

Item 701 - Subsections 55A(1) and 62(1) and (2)

1313. Item 701 amends subsections 55A(1), 62(1) and (2). Subsection 55A(1) specifies who may commence proceedings in the Federal Court or the Federal Circuit Court for an order to enforce a determination. Subsections 62(1) and (2) deal with the enforcement of determinations against an agency. Subsection 62(1) provides that if an agency fails to comply with section 58, an application may be made to the Federal Court or the Federal Circuit Court for an order directing the agency to comply. Subsection 62(2) provides that if the principal executive of an agency fails to comply with section 59, an application may be made to the Federal Court or the Federal Circuit Court for an order directing the principal executive to comply. This item removes the references to the Federal Circuit Court from these subsections and replaces them with 'Federal Circuit and Family Court of Australia (Division 2)'. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of the section.

Item 702 - Paragraphs 63(2)(a) and (b)

1314. Item 702 amends paragraphs 63(2)(a) and (b), which deal with legal assistance. Paragraph 63(2)(a) provides that a person who has commenced or proposes to commence proceedings in the Federal Court or the Federal Circuit Court under section 55 may apply to the Attorney-General for the provision of assistance under section 63 in respect of the proceedings. Paragraph 63(2)(b) provides that a person who has engaged in conduct or is alleged to have engaged in conduct in respect of which proceedings have been commenced in the Federal Court or the Federal Circuit Court under section 55 may apply to the Attorney-General for the provision of assistance under section 63 in respect of the proceedings. This item removes the references to the 'Federal Circuit Court' from both paragraphs and replaces them with 'Federal Circuit and Family Court of Australia (Division 2)'. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of the section.

Item 703 - Paragraphs 80U(3)(b), 80V(3)(b) and 80W(3)(b)

1315. Item 703 repeals paragraphs 80U(3)(b), 80V(3)(b) and 80W(3)(b). Paragraph 80U(3)(b) provides that the Federal Circuit Court is a relevant court in relation to the civil penalty provisions of the Act for the purposes of Part 4 of the Regulatory Powers (Standard Provisions) Act 2014. Paragraph 80V(3)(b) provides that the Federal Circuit Court is a relevant court in relation to the provisions mentioned in subsection 80V(1) of the Act for the purposes of Part 6 of the Regulatory Powers (Standard Provisions) Act 2014. Paragraph 80W(3)(b) provides that the Federal Circuit Court is a relevant court in relation to the provisions mentioned in subsection 80W(1) of the Act for the purposes of Part 7 of the Regulatory Powers (Standard Provisions) Act 2014.

1316. This item inserts new paragraphs which replace the references to the Federal Circuit Court with references to the Federal Circuit and Family Court of Australia (Division 2). The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of the section.

Proceeds of Crime Act 2002

Item 704 - Subparagraphs 315B(2)(a)(v) and (b)(v)

1317. Item 704 amends subparagraphs 315B(2)(a)(v) and (b)(v) of the Proceeds of Crime Act 2002. Section 315B deals with the transfer of responsibility for principal orders and applications. Subparagraph 315B(2)(a)(v) provides the transferee authority must give a written notice of transfer of responsibility for an application for a principal order or for a principal order to, in the case of a transfer of responsibility for an application for a principal order, the Family Court, if an application has been made to that court by a proceeds of crime authority for a stay of proceedings because of the application for the principal order, or that court has given notice to a proceeds of crime authority of a stay having been granted.

1318. Subparagraph 315B(2)(b)(v) provides that the transferee authority must give a written notice of transfer of responsibility for an application for a principal order or for a principal order to, in the case of a transfer of responsibility for a principal order the Family Court, if an application has been made to that court by a proceeds of crime authority for a stay of proceedings because of the order or the application for the order, or that court has given notice to a proceeds of crime authority of a stay having been granted.

1319. The item removes the references to the 'Family Court of Australia' and replaces them with 'Federal Circuit and Family Court of Australia (Division 1)'. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and do not substantively alter the operation of the section.

Product Emissions Standards Act 2017

Item 705 - Subparagraphs 24(3)(f)(ii), 25(2)(f)(ii), 26(2)(b)(ii), 28(2)(b)(ii) and 29(2)(b)(ii)

1320. Item 705 repeals subparagraphs 24(3)(f)(ii), 25(2)(f)(ii), 26(2)(b)(ii), 28(2)(b)(ii) and 29(2)(b)(ii), which are contained in Part 5 of the Product Emissions Standards Act 2017, and replaces them with new subparagraphs. Part 5 of the Act applies the Regulatory Powers (Standard Provisions) Act 2014 to the product emissions standards framework. Item 705 removes the references to the 'Federal Circuit Court' and replaces them with 'Federal Circuit and Family Court of Australia (Division 2);'. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of the section.

Item 706 - Paragraphs 35(2)(b) and 37(1)(b)

1321. Item 706 repeals paragraphs 35(2)(b) and 37(1)(b) and replaces them with new paragraphs. These paragraphs are contained in Division 3 of Part 6, which relates to the forfeiture of seized products. Item 706 removes the references to the 'Federal Circuit Court of Australia' from both paragraphs and replaces them with 'Federal Circuit and Family Court of Australia (Division 2);'. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of the section.

Product Stewardship Act 2011

Item 707 - Section 6 (paragraph (b) of the definition of issuing officer )

1322. Item 707 amends paragraph (b) of the definition of 'issuing officer' contained within section 6 of the Product Stewardship Act 2011. Section 6 provides definitions for terms contained within the Act. The item removes the reference to the 'Federal Circuit Court of Australia' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not substantively alter the operation of the section.

Item 708 - Section 87 (heading)

1323. Item 708 amends the heading to section 87, which currently reads 'Federal Circuit Court Judges-consent to nomination'. The item removes the reference to 'Federal Circuit Court Judges' and replaces it with 'Judges of the Federal Circuit and Family Court of Australia (Division 2)'. The heading now reads 'Judges of the Federal Circuit and Family Court of Australia (Division 2)-consent to nomination'. The amendment appropriately reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not substantively alter the operation of the section.

Item 709 - Subsections 87(1), (2) and 88(2)

1324. Item 709 amends subsections 87(1), (2) and 88(2), which relates to the powers of issuing officers. Item 709 removes the references to the 'Federal Circuit Court of Australia' and replaces them with 'Federal Circuit and Family Court of Australia (Division 2)'. The amendments appropriately reflect the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and do not substantively alter the operation of the section.

Public Interest Disclosure Act 2013

Item 710 - Section 8 (definition of Federal Circuit Court )

1325. Item 710 repeals the definition of the 'Federal Circuit Court', contained in section 8 of the Public Interest Disclosure Act 2013. The definition of Federal Circuit Court is no longer required as the Federal Circuit Court will be continued as Federal Circuit and Family Court of Australia (Division 2). Where reference is made to the Federal Circuit and Family Court of Australia (Division 2) in the Act, the reference is provided in full.

Item 711 - Section 9

1326. Item 711 amends section 9, which provides a simplified outline of Division 1 of Part 2 of the Act. This item omits the words 'The Federal Court or Federal Circuit Court may make orders for civil remedies (including compensation, injunctions and reinstatement of employment) if a reprisal is taken against a person because of a public interest disclosure (including a proposed or a suspected public interest disclosure).' This wording is replaced with 'The Federal Court or Federal Circuit and Family Court of Australia (Division 2) may make orders for civil remedies (including compensation, injunctions and reinstatement of employment) if a reprisal is taken against a person because of a public interest disclosure (including a proposed or a suspected public interest disclosure).' The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the section.

Item 712 - Sections 14, 15, 16 and 17

1327. Item 712 amends sections 14, 15, 16 and 17, which deal with protection from reprisals. Item 712 amends these sections by removing references to the 'Federal Circuit Court' and replacing them with references to the 'Federal Court or Federal Circuit and Family Court of Australia (Division 2)'. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of the section.

Item 713 - Subsection 22A(1)

1328. Item 713 amends subsection 22A(1). Subsection 22A(1) provides that a person is not entitled to make an application to the Federal Court or Federal Circuit Court for an order under section 14, 15 or 16 of the Act in relation to particular conduct if another application has been made under section 539 of the Fair Work Act 2009 in relation to a contravention of section 340 or 772 of that Act constituted by the same conduct or under section 394 of the Fair Work Act 2009 in relation to the same conduct. This item removes the reference to the 'Federal Circuit Court' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment reflects the nomenclature changes associated with the new court structure.

Item 714 - Paragraphs 73(2)(b) to (ca)

1329. Item 714 repeals paragraphs 73(2)(b) to (ca). Section 73 deals with the meaning of 'principal officer'. Item 714 inserts new paragraphs 73(2)(b), which provides that the Chief Executive Officer and Principal Registrar of the Federal Court is the chief executive officer of the Federal Court, the FCFC (Division 1) and the FCFC (Division 2). Under the new court structure, the positions of Chief Executive Officer of the Federal Circuit Court and Chief Executive Officer of the Family Court will be abolished. Those positions were established to provide support to the Chief Justice and the Chief Judge of those courts, respectively. The Chief Executive Officer and Principal Registrar of the Federal Court will now provide support to the Chief Justice of the FCFC (Division 1) and the Chief Judge of the FCFC (Division 2).

Regulatory Powers (Standard Provisions) Act 2014

Item 715 - Section 4, paragraph (c) (definition of judicial officer )

1330. Item 715 repeals paragraph (c) of the definition of 'judicial officer' in section 4 of the Regulatory Powers (Standard Provisions) Act 2014. Paragraph (c) of the definition currently provides that judicial officer means a Judge of the Federal Circuit Court. The item repeals the paragraph and substitutes it with a new paragraph (c), which provides that a judicial officer means a Judge of the Federal Circuit and Family Court of Australia (Division 2); or'. The amendment appropriately reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not substantively alter the operation of the section.

Remuneration and Allowances Act 1990

Item 716 - Part 2 of Schedule 1 (cell at table item dealing with Chief Justice of the Family Court, column headed 'Office')

1331. Item 716 amends the table in Part 2 of Schedule 1 of the Remuneration and Allowances Act 1990, which deals with salaries of holders of judicial and other offices. The item repeals the cell of the table which provides 'Chief Justice of the Family Court'. This amendment reflects the nomenclature changes associated with the new court structure and the ongoing role of the Chief Justice of the Family Court as Chief Justice of the FCFC (Division 1).

Item 717 - Part 2 of Schedule 1 (cell at table item dealing with Deputy Chief Justice of the Family Court, column headed 'Office')

1332. Item 717 amends the table in Part 2 of Schedule 1 of the Act, which deals with salaries of holders of judicial and other offices. The item repeals the cell of the table which provides 'Deputy Chief Justice of the Family Court' and replaces it with a new cell which provides 'Deputy Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)'. This amendment reflects the nomenclature changes associated with the new court structure and the ongoing role of the Deputy Chief Justice of the Family Court as Deputy Chief Justice of the FCFC (Division 1).

Item 718 - Part 2 of Schedule 1 (table item dealing with Judge assigned to the Appeal Division of the Family Court)

1333. Item 718 amends the table in Part 2 of Schedule 1 of the Act, which deals with salaries of holders of judicial and other offices. The item repeals the item of the table which provides 'Judge assigned to the Appeal Division of the Family Court' and the rate per annum of salary. Under the reforms, while the FCFC (Division 1) will retain the Family Court's appellate jurisdiction, there will be no Appeal Division within the FCFC (Division 1). As such, the table item is no longer required.

Item 719 - Part 2 of Schedule 1 (cell at table item dealing with Senior Judge of the Family Court, column headed 'Office')

1334. Item 719 amends the table in Part 2 of Schedule 1 of the Act, which deals with salaries of holders of judicial and other offices. The item repeals the item of the table which provides 'Senior Judge of the Family Court' and replaces it with a new cell which provides 'Senior Judge of the Federal Circuit and Family Court of Australia (Division 2)'. This amendment reflects the nomenclature changes associated with the new court structure.

Item 720 - Part 2 of Schedule 1 (cell at table item dealing with Any other Judge of the Family Court, column headed 'Office')

1335. Item 720 amends the table in Part 2 of Schedule 1 of the Act, which deals with salaries of holders of judicial and other offices. The item repeals the cell of the table which provides 'Any other Judge of the Family Court' and replaces it with a new cell which provides 'Judge of the Federal Circuit and Family Court of Australia (Division 1)'. This amendment reflects the nomenclature changes associated with the new court structure and the ongoing role of Judges of the Family Court as Judges of the FCFC (Division 1).

Item 721 - Part 4 of Schedule 1 (table item dealing with Judicial Registrar of the Family Court of Australia)

1336. Item 721 amends the table in Part 4 of Schedule 1 of the Act, which deals with salaries of holders of judicial and other offices. The item repeals the item of the table which provides the office of the Judicial Registrar of the Family Court of Australia and the rate per annum of salary. This item is no longer required as the office of the Judicial Registrar will be abolished under the new court structure, with the duties of the position absorbed into the role of the Chief Executive Officer and Principal Registrar of the Federal Court.

Renewable Energy (Electricity) Act 2000

Item 722 - Subsection 5(1) (definition of Federal Circuit Court )

1337. Item 722 repeals the definition of 'Federal Circuit Court' in subsection 5(1) of the Renewable Energy (Electricity) Act 2000. Subsection 5(1) provides definitions for terms contained within the Act. The definition of Federal Circuit Court is no longer required as the Federal Circuit Court will be continued as FCFC (Division 2). Where reference is made to the 'Federal Circuit and Family Court of Australia (Division 2)' in the Act, the reference is provided in full.

Item 723 - Subsection 154A(1) (paragraph (b) of the definition of Court )

1338. Item 723 repeals paragraph (b) of the definition of 'court' within subsection 154A(1), which provides that court means the Federal Circuit Court. The item substitutes a new paragraph (b) which provides that court means the FCFC (Division 2). This amendment reflects the nomenclature changes associated with the new court structure.

Resale Royalty Right for Visual Artists Act 2009

Item 724 - Section 3 (definition of Federal Circuit Court )

1339. Item 724 repeals the definition of 'Federal Circuit Court' in section 3 of the Resale Royalty Right for Visual Artists Act 2009. Section 3 provides definitions for terms contained within the Act. The definition of Federal Circuit Court is no longer required as the Federal Circuit Court will be continued as the FCFC (Division 2). Where reference is made to the 'Federal Circuit and Family Court of Australia (Division 2)' in the Act, the reference is provided in full.

Item 725 - Subsection 39(1)

1340. Item 725 amends subsection 39(1), which provides that within six years of a person (the wrongdoer) contravening a civil penalty provision, the collecting society may apply on behalf of the Commonwealth to the Federal Court or the Federal Circuit Court for an order that the wrongdoer pay the Commonwealth a pecuniary penalty. The item removes the reference to the 'Federal Circuit Court' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the section.

Item 726 - Sections 43 and 44

1341. Item 726 amends sections 43 and 44. Section 43 provides that if the Federal Court or Federal Circuit Court orders a person to pay a pecuniary penalty the penalty is payable to the Commonwealth and the Commonwealth may enforce the order as if it were a judgment of the Court. Section 44 provides that the Federal Court or Federal Circuit Court must not make a pecuniary penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention. The item removes the references in both sections to the 'Federal Circuit Court' and replaces them with 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment reflects the nomenclature changes associated with the new court structure.

Item 727 - Section 51 (heading)

1342. Item 727 amends the heading to section 51, which reads 'Jurisdiction of the Federal Circuit Court'. The item removes the reference to the 'Federal Circuit Court' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. The new heading reads 'Jurisdiction of the Federal Circuit and Family Court of Australia (Division 2)'.

Item 728 - Section 51

1343. Item 728 amends section 51, which provides for the jurisdiction of the Federal Circuit Court. The item removes the reference to the 'Federal Circuit Court' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the section.

Road Vehicle Standards Act 2018

Item 729 - Subsection 5(1) definition of Federal Circuit Court )

1344. Item 729 repeals the definition of the Federal Circuit Court from subsection 5(1) of the Road Vehicle Standards Act 2018. Section 5 of the Act provides all the defined terms within the Act. The definition of Federal Circuit Court is no longer required as the Federal Circuit Court will be continued as the FCFC (Division 2). Where reference is made to the 'Federal Circuit and Family Court of Australia (Division 2)' in the Act, the reference is provided in full.

Item 730 - Subsection 5(1) (paragraph (b) of the definition of the relevant court )

1345. Item 730 repeals subsection 5(1)(b) and substitutes it with 'the Federal Circuit and Family Court of Australia (Division 2); or'. Section 5 of the Act provides all the defined terms within the Act. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the section.

Item 731 - Subparagraphs 50(4)(c)(iii) and 52(3)(c)(iii)

1346. Item 731 omits 'Federal Circuit Court' and substitutes 'Federal Circuit and Family Court of Australia (Division 2)'. Paragraph 50 provides for monitoring under Part 2 of the Regulatory Powers Act and paragraph 52 provides for investigating under Part 3 of the Regulatory Powers Act. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the section.

Security of Critical Infrastructure Act 2018

Item 732 - Paragraph 49(4)(b)

1347. Item 732 amends paragraph 49(4)(b) of the Security of Critical Infrastructure Act 2018, which provides for the jurisdiction of the Federal Circuit Court. The item removes the reference to the 'Federal Circuit Court' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2);'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the section.

Shipping Registration Act 1981

Item 733 - Subsection 3(1) (paragraph (b) of the definition of relevant court )

1348. Item 733 repeals paragraph (b) of the definition of 'relevant court' in subsection 3(1) of the Shipping Registration Act 1981, which provides that the Federal Circuit Court is a relevant court in relation to a matter. The item repeals the reference to the 'Federal Circuit Court of Australia' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2);'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the definition.

Item 734 - Subsection 61BZD(1) (cell at table item 2, column headed 'Court on which civil jurisdiction is conferred')

1349. Item 734 amends the table in subsection 61BZD(1), which confers jurisdiction on certain courts in relation to civil matters arising under the Act and places specified limits of the exercise of that jurisdiction. The item removes the reference to the 'Federal Circuit Court of Australia' at item 2 of the table and replaces it with a reference to the 'Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the subsection.

Social Security Act 1991

Item 735 - Paragraphs 553A(4)(d), 596(4)(d), 660XBE(4)(d), 729AA(4)(d), 759(4)(d) and 771HB(4)(d)

1350. Item 735 repeals paragraphs 553A(4)(d), 596(4)(d), 660XBE(4)(d), 729AA(4)(d), 759(4)(d) and 771HB(4)(d) of the Social Security Act 1991, which each refer to the Federal Circuit Court. The item substitutes the repealed paragraphs with new paragraphs that replace references to the 'Federal Circuit Court of Australia' with references to the 'Federal Circuit and Family Court of Australia (Division 2)'. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of the paragraphs.

Item 736 - Subsection 1243(1) (note)

1351. Item 736 amends the note at subsection 1243(1), which provides that Division 5 of Part 5.5 of the Act deals with appeals to the Federal Court or the Federal Circuit Court against the making of departure prohibition orders. The item removes the reference to the 'Federal Circuit Court of Australia' and replaces it with a reference to the 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment reflects the nomenclature changes associated with the new court structure.

Item 7387- Subsection 1252(1)

1352. Item 737 amends subsection 1252(1), which provides that a person aggrieved by the making of a departure prohibition order may appeal to the Federal Court or the Federal Circuit Court against the making of the order. The item removes the reference to the 'Federal Circuit Court of Australia' and replaces it with a reference to the 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment reflects the nomenclature changes associated with the new court structure.

Space (Launches and Returns) Act 2018

Item 738 - Section 8 (definition of Federal Circuit Court)

1353. Item 738 repeals the definition of 'Federal Circuit Court' in section 8 of the Space (Launches and Returns) Act 2018. Section 8 provides for definitions to assist in interpreting the Act. The definition is no longer required as the Federal Circuit Court will be continued as the FCFC (Division 2). Where references in the Act are made to the FCFC (Division 2), the reference is provided in full.

Items 739 to 743 - Subsection 59(8), section 72 (heading), section 72, section 75F (heading), and section 75F

1354. Items 739 to 743 amend subsection 59(8), section 72 (heading), section 72, section 75F (heading), and section 75F of the Space (Launches and Returns) Act 2018 by omitting the reference to the 'Federal Circuit Court', and substituting the reference with 'Federal Circuit and Family Court of Australia (Division 2)'. Subsection 59(8) outlines when an unpaid fee becomes a debt due to the Commonwealth and how it is recoverable. Section 72 provides which courts have jurisdiction to hear and determine actions for compensation for damages, to which Part 4 of the Space (Launches and Returns) Act 2018 applies. Section 75F provides which courts have jurisdiction to hear and determine actions for compensation made under Part 4A of the Space (Launches and Returns) Act 2018. These amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not affect the substantive operation of the provisions.

Item 744 - Paragraph 81(3)(b)

1355. Item 744 amends paragraph 81(3)(b) of the Space (Launches and Returns) Act 2018 by repealing the paragraph and substituting a paragraph that refers to the 'Federal Circuit and Family Court of Australia (Division 2)' instead of the 'Federal Circuit Court'. Section 81 provides how and by whom the civil penalty provisions of the Space (Launches and Returns) Act 2018 are enforceable. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not affect the substantive operation of the provision.

Item 745 - Subsection 107(2)

1356. Item 745 amends subsection 107(2) of the Space (Launches and Returns) Act 2018 by omitting the reference to the 'Federal Circuit Court', and substituting the reference with 'Federal Circuit and Family Court of Australia (Division 2)'. Subsection 107 provides the forums that a person may take proceedings for the recovery of compensation from the Commonwealth in relation to acquisition of property by the Commonwealth. This amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not affect the substantive operation of the provision.

Stronger Futures in the Northern Territory Act 2012

Item 746 - Section 5 (paragraph (b) of the definition of relevant court )

1357. Item 746 repeals paragraph (b) of the definition of 'relevant court' in section 5 of the Stronger Futures in the Northern Territory Act 2012, which provides that the Federal Circuit Court of Australia is a relevant court in relation to a matter. The item repeals the paragraph which refers to the 'Federal Circuit Court of Australia' and replaces it with a paragraph which refers 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment reflects the nomenclature changes associated with the new court structure.

Item 747 - Subsection 103(1) (cell at table item 2, column headed 'Court on which civil jurisdiction is conferred')

1358. Item 747 amends the table in subsection 103(1). The item amends the table which confers jurisdiction on certain courts in relation to civil matters arising under the Act and places specified limits of the exercise of that jurisdiction. The item removes the reference in the table to the 'Federal Circuit Court of Australia' and replaces it with a reference to the 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment reflects the nomenclature changes associated with the new court structure.

Student Assistance Act 1973

Item 748 - Subsection 43K(1) (note)

1359. Item 748 amends the note in subsection 43K(1) of the Student Assistance Act 1973. The note provides that Subdivision E of Part 6 of the Act deals with appeals to the Federal Court or the Federal Circuit Court against the making of departure prohibition orders'. The item removes the reference to the 'Federal Circuit Court of Australia' and replaces it with a reference to the 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment reflects the nomenclature changes associated with the new court structure.

Item 749 - Subsection 43U(1)

1360. Item 749 amends subsection 43U(1) which provides that a person aggrieved by the making of a departure prohibition order may appeal to the Federal Court or the Federal Circuit Court against the making of the order. The item removes the reference to the 'Federal Circuit Court of Australia' and replaces it with a reference to the 'Federal Circuit and Family Court of Australia (Division 2)'. This amendment reflects the nomenclature changes associated with the new court structure.

Taxation Administration Act 1953

Item 750 - Section 14ZQ

1361. Item 750 repeals the definitions of 'Family Court' and 'Family Court Judge' from section 14ZQ from Taxation Administration Act 1953. Section 14ZQ provides general interpretative provisions for the purposes of the Act. These definitions are no longer required as the Family Court will continue as the FCFC (Division 1). Judges of the FCFC (Division 1) will continue as Judges of the Federal Circuit and Family Court of Australia (Division 1). Where reference is made to the 'Federal Circuit and Family Court of Australia (Division 1)' or 'Judges of the Federal Circuit and Family Court of Australia (Division 1)', those references are provided in full.

Item 751 - Section 14ZZS (heading)

1362. Item 751 amends the heading to section 14ZZS, which currently reads 'Transfer of certain proceedings to Family Court'. The item omits the reference to the 'Family Court' from the heading and replaces it with a reference to the 'Federal Circuit and Family Court of Australia (Division 1)'. The new heading will now read 'Transfer of certain proceedings to Federal Circuit and Family Court of Australia (Division 1)'. This amendment reflects the nomenclature changes associated with the new court structure.

Item 752 - Subsection 14ZZS(1)

1363. Item 752 removes the reference to the 'Family Court' from subsection 14ZZS(1) of the Act, and replaces it with a reference to the 'Federal Circuit and Family Court of Australia (Division 1)'. Section 14ZZS relates to the transfer of proceedings to the Family Court. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of the section.

Item 753 - Subsection 14ZZS(2)

1364. Item 753 removes the first occurring reference to the 'Family Court' from subsection 14ZZS(2) and replaces it with a reference to the 'Federal Circuit and Family Court of Australia (Division 1)'. Section 14ZZS relates to the transfer of proceedings to the Family Court. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of the section.

Item 754 - Paragraphs 14ZZS(2)(a), (b), (c), (d) and (e)

1365. Item 754 amends paragraphs 14ZZS(2)(a), (b), (c), (d) and (e) by removing the references to the 'Family Court' wherever they occur and replacing these with references to the 'Federal Circuit and Family Court of Australia (Division 1)'. Section 14ZZS relates to the transfer of proceedings to the Family Court. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and do not substantively alter the operation of the section.

Item 755 - Subparagraph 14ZZS(2)(f)(i)

1366. Item 755 amends subparagraph 14ZZS(2)(f)(i) by removing the reference to the 'Family Court' and replacing it with a reference to the 'Federal Circuit and Family Court of Australia (Division 1)'. Section 14ZZS relates to the transfer of proceedings to the Family Court. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and do not substantively alter the operation of the section.

Item 756 - Subparagraphs 14ZZS(2)(f)(ii) and (iii)

1367. Item 756 amends subparagraphs 14ZZS(2)(f)(ii) and (iii) by removing the references to the 'Family Court' and replacing it with references to the 'Federal Circuit and Family Court of Australia (Division 1)'. Section 14ZZS relates to the transfer of proceedings to the Family Court. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and do not substantively alter the operation of the section.

Item 757 - Subparagraph 14ZZS(2)(f)(iv)

1368. Item 757 amends subparagraph 14ZZS(2)(f)(iv) by removing the reference to the 'Family Court' and replacing it with a reference to the 'Federal Circuit and Family Court of Australia (Division 1)'. Section 14ZZS relates to the transfer of proceedings to the Family Court. The amendment appropriately reflects the continuation of the Family Court as the FCFC (Division 1) and does not substantively alter the operation of the section.

Item 758 - Subsections 14ZZS(3) and (4)

1369. Item 758 amends subsections 14ZZS(3) and (4) by removing the references to the Family Court and replacing it with references to the 'Federal Circuit and Family Court of Australia (Division 1)'. Section 14ZZS relates to the transfer of proceedings to the Family Court. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and do not substantively alter the operation of the section.

Item 759 - Section 17A (heading)

1370. Item 759 amends the heading to section 17A, which currently reads 'Powers of Federal Court and Federal Circuit Court in respect of taxation matters'. The item removes the reference to the Federal Circuit Court and replaces it with a reference to the Federal Circuit and Family Court of Australia (Division 2). The new heading now reads 'Powers of Federal Court and Federal Circuit and Family Court of Australia (Division 2) in respect of taxation matters'.

Item 760 - Subsection 17A(2)

1371. Item 760 removes the reference to the 'Federal Circuit Court of Australia' from subsection 17A(2) and replaces it with a reference to the 'Federal Circuit and Family Court of Australia (Division 2)'. Subsection 17A(2) provides limits of the powers of the Federal Circuit Court. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the section.

Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018

Item 761 - Subsection 2(1) (table item 3, column 2)

1372. Item 761 amends subsection 2(1) (table item 3, column 2) by omitting 'Federal Circuit and Family Court of Australia Act 2018' and substituting 'Federal Circuit and Family Court of Australia Act 2019'. This amendment reflects the updated nomenclature and provides the legislative reference to the correct heading of the Federal Circuit and Family Court of Australia Act 2019. The amendment does not substantively depart from the operation of the existing heading.

Item 762 - Part 2 of Schedule 1 (heading)

1373. Item 762 amends the heading of Part 2 of Schedule 1. The heading is currently 'amendments contingent on the commencement of the Federal Circuit and Family Court of Australia Act 2018'. This heading will need to be omitted and substituted for 'Federal Circuit and Family Court of Australia Act 2019. This amendment reflects the updated nomenclature and provides the legislative reference to the correct heading of the Federal Circuit and Family Court of Australia Act 2019. The amendment does not substantively depart from the operation of the existing heading.

Tertiary Education Quality and Standards Agency Act 2011

Item 763 - Section 5 (definition of Federal Circuit Court )

1374. Item 763 repeals the definition of the 'Federal Circuit Court' from section 5 of the Tertiary Education Quality and Standards Agency Act 2011. The definition of Federal Circuit Court is no longer required as the Federal Circuit Court will be continued as FCFC (Division 2). Where reference is made to the 'Federal Circuit and Family Court of Australia (Division 2)' in the Act, the reference is provided in full.

Item 764 - Section 5 (paragraph (b) of the definition of issuing officer )

1375. Item 764 amends paragraph (b) of the definition of 'issuing officer' in section 5 of the Act. The definition currently provides that an issuing officer means a Judge of the Federal Circuit Court in relation to whom a consent under subsection 96(1) and a nomination under subsection 96(2) are in force. The item replaces the reference to the Federal Circuit Court with a reference to the Federal Circuit and Family Court of Australia (Division 2). The amendment appropriately reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not substantively alter the operation of the section.

Item 765 - Section 96 (heading)

1376. Item 765 amends the heading to section 96, which currently reads 'Federal Circuit Court Judges-consent to nomination'. The item removes the words 'Federal Circuit Court Judges' and inserts the words 'Judges of the Federal Circuit and Family Court of Australia (Division 2)'. The new heading now reads 'Judges of the Federal Circuit and Family Court of Australia (Division 2)-consent to nomination'.

Item 766 - Subsections 96(1), (2) and 97(2)

1377. Item 766 amends subsections 96(1), (2) and 97(2). Subsection 96 provides for consents and nominations in relation to issuing officers, and section 97 provides that the powers are conferred on issuing officers in their personal capacity. The item removes the references to the Federal Circuit Court and replacing them with references to the Federal Circuit and Family Court of Australia (Division 2). The amendments appropriately reflect the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and do not substantively alter the operation of the section.

Item 767 - Paragraph 115(1)(b)

1378. Item 767 repeals paragraph 115(1)(b), which provides that within six years of a person (the wrongdoer) contravening a civil penalty provision, Tertiary Education Quality and Standards Agency may apply, on behalf of the Commonwealth, to the Federal Circuit Court for an order that the wrongdoer pay the Commonwealth a pecuniary penalty. The item substitutes paragraph (b) with a new paragraph (b), which replaces the reference to the Federal Circuit Court with a reference to the Federal Circuit and Family Court of Australia (Division 2). The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the section.

Item 768 - Section 118

1379. Item 768 amends section 118, which provides that the Federal Court or the Federal Circuit Court may direct that two or more proceedings for civil penalty orders are to be heard together. The item replaces the reference to the Federal Circuit Court with a reference to the Federal Circuit and Family Court of Australia (Division 2). The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the section.

Item 769 - Subsection 119(3)

1380. Item 769 amends subsection 119(3), which provides that the Federal Court or the Federal Circuit Court may make a single order to pay a pecuniary penalty for all the contraventions described in subsection 119(2), but the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions. The Item replaces the reference to the Federal Circuit Court with a reference to the Federal Circuit and Family Court of Australia (Division 2). The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the section.

Item 770 - Section 121

1381. Item 770 amends section 121, which provides that the Federal Court or the Federal Circuit Court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention. The item replaces the reference to the Federal Circuit Court with a reference to the Federal Circuit and Family Court of Australia (Division 2). The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the section.

Item 771 - Subsections 126(1), 127(1) and (2)

1382. Item 771 amends subsections 126(1), 127(1) and (2). Sections 126 and 127 relate to the enforcement of undertakings and injunctions. The item replaces references to the Federal Circuit Court with references to the Federal Circuit and Family Court of Australia (Division 2) in those subsections. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of the section.

Item 772 - Sections 128, 129, 130 and 131

1383. Item 772 amends sections 128, 129, 130 and 131, which relate to injunctions. The item replaces the references to the Federal Circuit Court wherever they occur in those sections with references to the Federal Circuit and Family Court of Australia (Division 2). The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the section.

Therapeutic Goods Act 1989

Item 773 - Subsection 3(1) (definition of Federal Circuit Court )

1384. Item 773 repeals the definition of 'Federal Circuit Court' from subsection 3(1) of the Therapeutic Goods Act 1989. Subsection 3(1) provides definitions for the interpretation of terms contained in the Act. The definition of Federal Circuit Court is no longer required as the Federal Circuit Court will be continued as Federal Circuit and Family Court of Australia (Division 2). Where reference is made to the Federal Circuit and Family Court of Australia (Division 2) in the Act, the reference is provided in full.

Item 774 - Section 42YM

1385. Item 774 amends section 42YM, which provides a simplified outline of Part 5A-4 of the Act. The item repeals the paragraph of the outline which reads 'The Secretary can seek injunctions from the Federal Court or Federal Circuit Court to restrain a person from contravening this Act or the regulations, or to compel compliance with this Act or the regulations' and replaces it with a new paragraph which reads 'The Secretary can seek injunctions from the Federal Court or Federal Circuit and Family Court of Australia (Division 2) to restrain a person from contravening this Act or the regulations, or to compel compliance with this Act or the regulations'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the section.

Item 775 - Sections 42YN, 42YO, 42YP, 42YQ and 42YR

1386. Item 775 amends sections 42YN, 42YO, 42YP, 42YQ and 42YR, contained in Part 5A-4-Injunctions. The item replaces the references to the Federal Circuit Court wherever they occur with references to the Federal Circuit and Family Court of Australia (Division 2). This amendment reflects the ongoing operation of the Federal Circuit Court as the Federal Circuit and Family Court of Australia (Division 2).

Tobacco Plain Packaging Act 2011

Item 776 - Paragraphs 52(9)(b) and 85(3)(b)

1387. Item 776 repeals paragraphs 52(9)(b) and 85(3)(b) of the Tobacco Plain Packaging Act 2011. Section 59 relates to investigation powers and section 85 relates to civil penalty provisions. The item repeals the existing paragraphs and inserts new paragraphs 52(9)(b) and 85(3)(b) which refer to the Federal Circuit and Family Court of Australia (Division 2) rather than the Federal Circuit Court. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of the section.

Trade Marks Act 1995

Item 777 - Subsection 6(1) (definition of Federal Circuit Court )

1388. Item 777 repeals the definition of 'Federal Circuit Court' in subsection 6(1) of the Trade Marks Act 1995. Subsection 6(1) provides definitions for the interpretation of terms contained in the Act. The definition of Federal Circuit Court is no longer required as the Federal Circuit Court will be continued as Federal Circuit and Family Court of Australia (Division 2). Where reference is made to the Federal Circuit and Family Court of Australia (Division 2) in the Act, the reference is provided in full.

Item 778 - Sections 35, 56 and 67

1389. Item 778 amends sections 35, 56 and 67, which all deal with appeals. The item removes the references to the Federal Circuit Court from these sections and replaces them with references to the Federal Circuit and Family Court of Australia (Division 2). The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of the sections.

Item 779 - Subsections 83(2) and 83A(8)

1390. Item 779 amends subsections 83(2) and 83A(8). Section 83 relates to the amendment of particulars of a trade mark entered in the Register. Section 83A relates to the amendment of a registered trademark in circumstances where use of the trade mark is inconsistent with any relevant obligation of Australia under an international agreement. The Item removes the references to the Federal Circuit Court from the subsections 83(2) and 83A(8) and replaces them with references to the Federal Circuit and Family Court of Australia (Division 2). The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of the subsections.

Item 780 - Sections 84D and 104

1391. Item 780 amends sections 84D and 104. Section 84D provides that an appeal lies to the Federal Court or the Federal Circuit Court from a decision of the Registrar to revoke the registration of a trade mark under section 84A. Section 104 provides that an appeal lies to the Federal Court or the Federal Circuit Court from a decision of the Registrar under section 101 or 102. The item removes the references to the Federal Circuit Court from the sections and replaces them with references to the Federal Circuit and Family Court of Australia (Division 2). The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of the sections.

Item 781 - Paragraph 190(aa)

1392. Item 781 repeals paragraph 190(aa), which provides that the Federal Circuit Court is a prescribed court for the purposes of the Act. The item substitutes a new paragraph (aa) which replaces the reference to the Federal Circuit Court with a reference to the Federal Circuit and Family Court of Australia (Division 2). The effect of this amendment is that the Federal Circuit and Family Court of Australia (Division 2) is a prescribed court for the purpose of the Act. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the paragraph.

Item 782 - Paragraph 191(2)(a)

1393. Item 782 repeals paragraph 191(2)(a), which provides that the jurisdiction of the Federal Court to hear and determine appeals against decisions, directions or orders of the Registrar is exclusive of the jurisdiction of any other court except the jurisdiction of the Federal Circuit Court under subsection 191A(2) of the Act. The item substitutes a new paragraph (a) which replaces the reference to the Federal Circuit Court with a reference to the Federal Circuit and Family Court of Australia (Division 2). The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the paragraph.

Item 783 - Section 191A (heading)

1394. Item 783 amends the heading to section 191A, which reads 'Jurisdiction of the Federal Circuit Court'. The item replaces the reference to the Federal Circuit Court with a reference to the Federal Circuit and Family Court of Australia (Division 2). The new heading will now read 'Jurisdiction of the Federal Circuit and Family Court of Australia (Division 2)'.

Item 784 - Section 191A

1395. Item 784 amends section 191A, which relates to the jurisdiction of the Federal Circuit Court in relation to matters arising under the Act. The item replaces references to the Federal Circuit Court wherever they occur with references to the Federal Circuit and Family Court of Australia (Division 2). The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of the section.

Item 785 - Subsection 192(1)

1396. Item 785 amends subsection 192(1), which provides that each prescribed court (other than the Federal Court and the Federal Circuit Court) has jurisdiction with respect to matters in respect of which an action or proceeding may, under this Act, be started in a prescribed court. The item omits the reference to the Federal Circuit court and replaces it with a reference to the Federal Circuit and Family Court of Australia (Division 2). The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the subsection.

Item 786 - Subsection 194(3)

1397. Item 786 repeals subsection 194(3), which provides that section 194 does not apply in relation to a transfer of proceedings between the Federal Court and the Federal Circuit Court. The item also repeals the note, which provides the relevant legislative references for transfers between the Federal Circuit Court and the Federal Court.

1398. This item inserts a new subsection 194(3) and two new notes. New subsection 194(3) provides that the section 194 does not apply in relation to a transfer of proceedings between the Federal Court and the Federal Circuit and Family Court of Australia (Division 2). New note 1 provides that for transfers of proceedings from the Federal Circuit and Family Court of Australia (Division 2) to the Federal Court, see clause 153 of the FCFC Bill and section 32AC of the Federal Court Act. New note 2 provides that for transfers of proceedings from the Federal Court to the Federal Circuit and Family Court of Australia (Division 2): see section 32AB of the Federal Court Act. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and provide for the correct legislative references for transfers between the Federal Court and the Federal Circuit and Family Court of Australia (Division 2).

Item 787 - Subsection 195(2)

1399. Item 787 amends subsection 195(2), which provides that except with the leave of the Federal Court, an appeal does not lie to the Full Court of the Federal Court against a judgment or order of a single Judge of the Federal Court or the Federal Circuit Court in the exercise of its jurisdiction to hear and determine appeals from decisions or directions of the Registrar. The Item omits the reference to the Federal Circuit Court and replaces it with a reference to the Federal Circuit and Family Court of Australia (Division 2). The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the subsection.

Item 788 - Section 196

1400. Item 788 amends section 196, which provides that the Registrar may appear and be heard at the hearing of an appeal to the Federal Court or the Federal Circuit Court against a decision or direction of the Registrar. The item omits the reference to the Federal Circuit Court and replaces it with a reference to the Federal Circuit and Family Court of Australia (Division 2). The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the subsection.

Item 789 - Section 197 (heading)

1401. Item 789 amends the heading to section 197, which reads 'Powers of Federal Court and Federal Circuit Court on hearing an appeal'. The item removes the reference to the Federal Circuit Court and replaces it with a reference to the Federal Circuit and Family Court of Australia (Division 2) so that the new heading reads 'Powers of Federal Court and Federal Circuit and Family Court of Australia (Division 2) on hearing an appeal'. This amendment reflects the ongoing operation of the Federal Circuit Court as the Federal Circuit and Family Court of Australia (Division 2).

Item 790 - Section 197

1402. Item 790 amends section 197, which provides for the powers of the Federal Court and Federal Circuit Court on hearing an appeal. The item replaces the reference to the Federal Circuit Court with a reference to the Federal Circuit and Family Court of Australia (Division 2). The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the subsection.

Trans-Tasman Proceedings Act 2010

Item 791 - Section 4 (paragraph (b) of the definition of superior Australian court )

1403. Item 791 repeals paragraph (b) of the definition of 'superior Australian court' in section 4 of the Trans-Tasman Proceedings Act 2010. Paragraph (b) provides that superior Australian court means the Family Court of Australia. The item repeals paragraph (b) and replaces it with a new paragraph which provides that superior Australian court means the Federal Circuit and Family Court of Australia (Division 1). This amendment reflects the ongoing operation of the Family Court of Australia as the Federal Circuit and Family Court of Australia (Division 1) and the associated change to its nomenclature.

Item 792 - Paragraphs 25(b) and 63(2)(b)

1404. Item 792 repeals and replaces paragraphs 25(b) and 63(2)(b). Paragraph 25(b) provides that a party or intended party to a civil proceeding commenced or to be commenced in a New Zealand court may apply to the Family Court for interim relief (other than a warrant for the arrest of property) in support of the New Zealand proceeding. Paragraph 63(2)(b) provides that subsection 63(2) applies to the Family Court. New paragraphs 25(b) and 63(2)(b) replaces references to the Family Court with references to the Federal Circuit and Family Court of Australia (Division 1). The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and do not substantively alter the operation of the sections.

Item 793 - Subsection 109(3)

1405. Item 793 amends subsection 109(3), which provides that the Federal Court Rules apply in relation to the specified proceedings in the Family Court or Federal Circuit Court (with such modifications as are necessary). The item omits the words 'Family Court of Australia or the Federal Circuit Court of Australia' and replaces them with 'Federal Circuit and Family Court of Australia'. A definition of 'Federal Circuit and Family Court of Australia' in inserted by item 795. The amendments appropriately reflect the continuation of the Family Court as the FCFC (Division 1) and the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of the subsection.

Item 794 - At the end of section 109

1406. Item 794 adds new subsection (5) at the end of section 109. New subsection 5 provides a definition of the 'Federal Circuit and Family Court of Australia' for the purposes of section 109 (refer to item 794). The definition provides that the 'Federal Circuit and Family Court of Australia' means the Federal Circuit and Family Court of Australia (Division 1) or the Federal Circuit and Family Court of Australia (Division 2).

Underwater Cultural Heritage Act 2018

Item 795 - Subparagraphs 41(3)(f)(ii), 42(2)(f)(ii), 43(2)(b)(ii), 45(2)(b)(ii) and 46(2)(b)(ii)

1407. Item 795 repeals subparagraphs in Part 4 of the Underwater Cultural Heritage Act 2018 which provide that the Federal Circuit Court is a relevant court for the purposes of each of those sections, which relate to the compliance and enforcement of underwater cultural heritage regulations. This item replaces these subparagraphs with new subparagraphs, which provide that the Federal Circuit and Family Court of Australia (Division 2) is a relevant court for the purposes of each respective section. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of the sections.

VET Student Loans Act 2016

Item 796 - Section 6(c) (definition of judicial officer )

1408. Item 796 repeals paragraph (c) of the definition of 'judicial officer' in section 6 of the VET Student Loans Act 2016. Paragraph (c) of the definition currently provides that judicial officer means a Judge of the Federal Circuit Court. The item repeals this paragraph and substitutes a new paragraph (c), which provides that judicial officer means a Judge of the Federal Circuit and Family Court of Australia (Division 2). The amendment appropriately reflects the continuation of Judges of the Federal Circuit Court as Judges of the FCFC (Division 2) and does not substantively alter the operation of the definition.

Item 797 - Subparagraphs 82(3)(f)(ii), 83(2)(f)(ii), 84(2)(b)(ii), 86(2)(b)(ii) and 87(2)(b)(ii)

1409. Item 797 repeals subparagraphs 82(3)(f)(ii), 83(2)(f)(ii), 84(2)(b)(ii), 86(2)(b)(ii) and 87(2)(b)(ii), which provide that the Federal Circuit Court is a relevant court for the purposes of each respective section. This item replaces these subparagraphs with new subparagraphs, which provide that the Federal Circuit and Family Court of Australia (Division 2) is a relevant court for the purposes of each respective section. The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of the sections.

Water Act 2007

Item 798 - Section 138 (paragraph (b) of the definition of Court )

1410. Item 798 amends paragraph (b) of section 138 of the Water Act 2007, which provides the definition of 'Court'. Paragraph (b) provides that in Part 8 of the Act 'Court' means the Federal Circuit Court. The item repeals the paragraph replaces it with a new paragraph (b) which provides that 'Court' means the Federal Circuit and Family Court of Australia (Division 2). The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the definition.

Item 799 - Section 139 (heading)

1411. Item 799 amends the heading to section 139 of the Act, which currently reads 'Jurisdiction of Federal Circuit Court'. The item removes the reference to the Federal Circuit Court and replaces it with a reference to the Federal Circuit and Family Court of Australia (Division 2). The new heading reads 'Jurisdiction of Federal Circuit and Family Court of Australia (Division 2)'.

Item 800 - Section 139

1412. Item 800 amends section 139 of the Act, which provides that the Federal Circuit Court does not have jurisdiction in relation to proceedings under Part 8 of the Act against a State. The item omits the reference to the Federal Circuit Court and replaces it with a reference to the Federal Circuit and Family Court of Australia (Division 2). The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the section.

Water Efficiency Labelling and Standards Act 2005

Item 801 - Section 7 (definition of Federal Circuit Court )

1413. Item 801 repeals the definition of 'Federal Circuit Court' in section 7 of the Water Efficiency Labelling and Standards Act 2005. Section 7 provides definitions for terms contained within the Act. The definition of Federal Circuit Court is no longer required as the Federal Circuit Court will be continued as Federal Circuit and Family Court of Australia (Division 2). Where reference is made to the Federal Circuit and Family Court of Australia (Division 2) in the Act, the reference is provided in full.

Item 802 - Section 7 (paragraph (b) of the definition of relevant court )

1414. Item 802 repeals paragraph (b) of the definition of 'relevant court' in section 7. Paragraph (b) currently provides that relevant court means the Federal Circuit of Australia. The item substitutes a new paragraph, which provides that relevant court means the Federal Circuit and Family Court of Australia (Division 2). The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the definition.

Work Health and Safety Act 2011

Item 803 - Section 4 (paragraph (b) of the definition of court )

1415. Item 803 repeals paragraph (b) of the definition of 'court' in section 4 in the Work Health and Safety Act 2011. Section 4 provides definitions to the interpretation of terms contained in the Act. Paragraph (b) of the definition of court currently means the Federal Circuit Court. The item substitutes a new paragraph, which provides that court means the Federal Circuit and Family Court of Australia (Division 2). The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the definition.

Item 804 - Paragraph 273A(1)(b)

1416. Item 804 repeals paragraph 273A(1)(b), which provides that jurisdiction is conferred on the Federal Circuit Court in relation to any civil matter arising under the Act. The item inserts a new paragraph which provides that jurisdiction is conferred on the Federal Circuit and Family Court of Australia (Division 2) in relation to any civil matter arising under the Act. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of section 273A.

Item 805 - Paragraphs 273A(2)(e), (f) and (g)

1417. Item 805 amends paragraphs 273A(2)(e), (f) and (g). These paragraphs specify circumstances in which jurisdiction conferred on the Federal Court in subsection 273A(1) is to be exercised in the Fair Work Division of the Federal Court. The item removes the references to the Federal Circuit Court and replaces them with references to Federal Circuit and Family Court of Australia (Division 2). The amendments appropriately reflect the continuation of the Federal Circuit Court as the FCFC (Division 2) and do not substantively alter the operation of the paragraphs.

Item 806 - Subsection 273A(3)

1418. Item 806 amends subsection 273A(3). The subsection provides the circumstances in which the jurisdiction conferred on the Federal Circuit Court of Australia in subsection (1) is to be exercised in the Fair Work Division of the Federal Circuit Court. The item repeals the words 'Federal Circuit Court of Australia in subsection (1) is to be exercised in the Fair Work Division of the Federal Circuit Court of Australia' and replaces them with 'Federal Circuit and Family Court of Australia (Division 2) in subsection (1) is to be exercised in the Fair Work Division of the Court'. The reference to 'the Court' means the FCFC (Division 2). The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the subsection.

Item 807 - Paragraph 273A(3)(a)

1419. Item 807 amends paragraph 273A(3)(a), which provides the jurisdiction conferred on the Federal Circuit Court of Australia in subsection (1) is to be exercised in the Fair Work Division of the Federal Circuit Court if an application is made to the Federal Circuit Court under the Act. The item removes the reference to the 'Federal Court of Australia' and replaces it with 'Court'. The reference to the 'Court' means the FCFC (Division 2). This amendment reflects the change made by item 804 and the nomenclature changes associated with the new court structure.

Item 808 - Paragraph 273A(3)(b)

1420. Item 808 amends paragraph 273A(3)(b), which provides the jurisdiction conferred on the Federal Circuit Court of Australia in subsection (1) is to be exercised in the Fair Work Division of the Federal Circuit Court if an injunction is sought under section 15 of the Federal Circuit Court Act in relation to a matter arising under the Act. The item removes the reference to section 15 of the Federal Circuit Court Act and replaces it with a reference to clause 140 of the FCFC Bill. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and provides for the correct legislative references for injunctions under the new court structure.

Item 809 - Paragraph 273A(3)(c)

1421. Item 809 amends paragraph 273A(3)(c) of the Act, which provides the jurisdiction conferred on the Federal Circuit Court of Australia in subsection (1) is to be exercised in the Fair Work Division of the Federal Circuit Court if a declaration is sought under section 16 of the Federal Circuit Court Act in relation to a matter arising under the Act. The item removes the reference to section 16 of the Federal Circuit Court Act and replaces it with a reference to clause 141 of the FCFC Bill. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and provides for the correct legislative references for declarations under the new court structure.

Item 810 - Paragraph 273A(3)(d)

1422. Item 810 amends paragraph 273A(3)(d), which provides the jurisdiction conferred on the Federal Circuit Court of Australia in subsection (1) is to be exercised in the Fair Work Division of the Federal Circuit Court if proceedings in relation to a matter arising under this Act are transferred to the Federal Circuit Court of Australia from the Federal Court. The item removes the reference to the 'Federal Court of Australia' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the paragraph.

Item 811 - Paragraph 273A(3)(e)

1423. Item 811 amends paragraph 273A(3)(e), which provides the jurisdiction conferred on the Federal Circuit Court of Australia in subsection (1) is to be exercised in the Fair Work Division of the Federal Circuit Court if the High Court remits a matter arising under this Act to the Federal Circuit Court of Australia. The item removes the reference to the 'Federal Court of Australia' and replaces it with 'Federal Circuit and Family Court of Australia (Division 2)'. The amendment appropriately reflects the continuation of the Federal Circuit Court as the FCFC (Division 2) and does not substantively alter the operation of the paragraph.