House of Representatives

Explanatory Memorandum

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

Notes on Clauses

NOTES ON CLAUSES

List of abbreviations

Family Court           Family Court of Australia

Family Law Act           Family Law Act 1975 (Cth)

Family Law Rules           Family Law Rules 2004 (Cth)

FCFC (Division 1) Rules           Federal Circuit and Family Court of Australia (Division 1) Rules 2019 (Cth)

FCFC (Division 1)           Federal Circuit and Family Court of Australia (Division 1)

FCFC (Division 2) Rules           Federal Circuit and Family Court of Australia (Division 2) Rules 2019 (Cth)

FCFC (Division 2)           Federal Circuit and Family Court of Australia (Division 2)

FCFC           Federal Circuit and Family Court of Australia

FCFC Bill           Federal Circuit and Family Court of Australia Bill 2019

Federal Circuit Court Act           Federal Circuit Court of Australia Act 1999 (Cth)

Federal Circuit Court Rules           Federal Circuit Court Rules 2001 (Cth)

Federal Circuit Court           Federal Circuit Court of Australia

Federal Court Act           Federal Court of Australia Act 1976 (Cth)

Federal Court Rules           Federal Court Rules 2011 (Cth)

Federal Court           Federal Court of Australia

High Court           High Court of Australia

NOTES ON CLAUSES

Clause 1 - Short title

24. Clause 1 provides that this Act is the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2019.

Clause 2 - Commencement

25. Clause 2 provides the commencement dates of provisions of the Act, set out in a table. For example:

•

Sections 1 to 3 and anything in the Act not otherwise covered by the table commence on the day the Act receives the Royal Assent

•

Schedule 1, Parts 1 and 2, commence at the same time as the FCFC Act. The whole of that Act will commence on a single day fixed by Proclamation, or if the provisions do not commence within the period of six months beginning on the day the Act receives Royal Assent, they will commence on the day after the end of that period.

26. Many of other commencement dates provided in the table are due to bills currently before the Parliament or Acts (or parts of Acts) yet to commence. This is why clause 2 provides that provisions commence either at the commencement of these Acts (or parts of the acts), or at the same time as the FCFC Act, whichever is later. These provisions will not commence at all if the Acts (or parts of the Acts) do not commence.

27. A note explains that this table relates only to the provisions of this Bill as originally enacted. It will not be amended to deal with any later amendments.

28. Subclause 2(2) provides that any information in column 3 of the table is not part of this Bill. Information may be inserted in this column, or information in it may be edited, in any published version of this Bill.

Clause 3 - Schedules

29. Clause 3 provides that legislation that is specified in a Schedule to this Act is amended or repealed as set out by the relevant Schedule, and that any other item in a Schedule to this Act has effect in accordance with its terms. This clause is the formal enabling provision for the Schedules to the Bill.