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House of Representatives

Federal Magistrates (Consequential Amendments) Bill 1999 (Extracts Only)

Explanatory Memorandum

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

GENERAL OUTLINE

The Federal Magistrates Bill establishes the Federal Magistrates Court. The Federal Magistrates (Consequential Amendments) Bill makes consequential amendments to give the Federal Magistrates Court concurrent jurisdiction with either the Federal Court of Australia or the Family Court of Australia under various Acts, and makes other minor consequential amendments to a number of other Acts.

The Bill amends the following Acts to give the Federal Magistrates Court jurisdiction:

Administrative Appeals Tribunal Act 1975
Administrative Decisions (Judicial Review) Act 1977
Bankruptcy Act 1966
Child Support (Assessment) Act 1989
Child Support (Registration and Collection) Act 1988
Family Law Act 1975
Human Rights and Equal Opportunity Commission Act 1986
Trade Practices Act 1974
Workplace Relations Act 1996

Amendments are made to the Federal Court Act 1976 , to provide for appeals from the Federal Magistrates Court to the Federal Court, other than in family law and child support matters, where appeals can be made to the Family Court. The amendments also give the Federal Court power to transfer proceedings to the Federal Magistrates Court. There are also a number of other minor consequential amendments made to this Act.

Amendments are made to the Family Law Act 1975 to give the Federal Magistrates Court jurisdiction under that Act. In addition, amendments are made to provide for appeals from the Federal Magistrates Court to the Family Court in proceedings under that Act and to give the Family Court power to transfer proceedings to the Federal Magistrates Court. There are also a number of other minor consequential amendments made to that Act.

Consequential amendments are made to the following Acts as a result of the Federal Magistrates Court having jurisdiction under the Administrative Appeals Tribunal Act 1975 :

Archives Act 1983
Freedom of Information Act 1982

Consequential amendments are made to the following Acts as a result of the Federal Magistrates Court having jurisdiction under the Administrative Decisions (Judicial Review) Act 1976 :

ACIS Administration Act 1999
National Crime Authority Act 1984
Taxation Administration Act 1953

Consequential amendments are made to the following Acts, either as a result of the establishment of the Federal Magistrates Court as a new federal court, or as a result of the establishment of the judicial office of Federal Magistrate as part of that court:

Acts Interpretation Act 1901
Australian Citizenship Act 1948
Crimes (Superannuation Benefits) Act 1989
Federal Proceedings (Costs) Act 1981
Foreign Evidence Act 1994
Judges (Long Leave Payments) Act 1979
Judges Pensions Act 1968
Ombudsman Act 1976
Parliamentary Contributory Superannuation Act 1948
Public Service Act 1922

FINANCIAL IMPACT STATEMENT

The Bill will not have any significant financial impact beyond that incurred in establishing the Federal Magistrates Court.


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