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:
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- Administrative Appeals Tribunal Act 1975
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- Administrative Decisions (Judicial Review) Act 1977
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- Bankruptcy Act 1966
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- Child Support (Assessment) Act 1989
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- Child Support (Registration and Collection) Act 1988
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- Family Law Act 1975
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- Human Rights and Equal Opportunity Commission Act 1986
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- Trade Practices Act 1974
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- 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 :
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- Archives Act 1983
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- 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 :
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- ACIS Administration Act 1999
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- National Crime Authority Act 1984
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- 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:
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- Acts Interpretation Act 1901
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- Australian Citizenship Act 1948
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- Crimes (Superannuation Benefits) Act 1989
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- Federal Proceedings (Costs) Act 1981
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- Foreign Evidence Act 1994
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- Judges (Long Leave Payments) Act 1979
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- Judges Pensions Act 1968
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- Ombudsman Act 1976
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- Parliamentary Contributory Superannuation Act 1948
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- 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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