Senate

Supplementary Explanatory Memorandum

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

NOTES ON AMENDMENTS

List of abbreviations

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

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

Amendment: Clause 2, page 2 (table item 4)

This amendment substitutes "2 years" with "18 months" in clause 2, table item 4.

Clause 2 (table item 4) provides that Schedule 1, Part 4 commences the day after the end of the period of 2 years beginning on the day the Federal Circuit and Family Court of Australia Act 2019 commences. Schedule 1, Part 4 sets out consequential amendments to give effect to the Rules of Court of FCFC Division 1 and FCFC Division 2 reverting to being made by the Judges, or a majority of them (rather than being made solely by the Chief Justice and Chief Judge).

The effect of this amendments is to reduce the period of time during which the Chief Justice and Chief Judge can solely make Rules of Court from two years to 18 months.

Amendment: Schedule 1, item 163, page 34 (line 24)

This amendment substitutes "2 years" with "18 months" in the Note to section 123(1) of the Family Law Act 1975. This revised Note identifies that, 18 months after the commencement of the Federal Circuit and Family Court of Australia Act 2019, the power to make rules of court under section 123 will revert back to the Judges or a majority of them, and referring to Part 4 of Schedule 1 to this Bill as the source of this change.