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Migration Litigation Reform Bill 2005

Schedule 2 Amendments relating to the management of the Federal Magistrates Court

   

Federal Magistrates Act 1999

1  Section 4

Omit “Federal Magistrates Court is to administer its own affairs”, substitute “Chief Federal Magistrate is to manage the Federal Magistrates Court’s administrative affairs”.

2  Section 4

Omit “Federal Magistrates Court in managing its”, substitute “Chief Federal Magistrate in managing the Federal Magistrates Court’s”.

3  Subsection 89(1)

Repeal the subsection, substitute:

             (1)  The Chief Federal Magistrate is responsible for managing the administrative affairs of the Federal Magistrates Court.

4  Subsection 89(2)

Repeal the subsection.

5  Subsection 89(3)

Omit “The Federal Magistrates Court has power to do all things that are necessary or convenient to be done for or in connection with the administration of its affairs”, substitute “For this purpose, the Chief Federal Magistrate has power to do all things that are necessary or convenient to be done”.

6  After subsection 89(3)

Insert:

          (3A)  The Chief Federal Magistrate’s powers under subsection (3) are in addition to any powers given to the Chief Federal Magistrate by this Act or any other Act.

7  Subsection 89(4)

Omit “The Federal Magistrates Court”, substitute “Despite subsection (3), the Chief Federal Magistrate”.

8  Subsection 90(1)

Omit “, on behalf of the Federal Magistrates Court,”.

9  Subsection 91(1)

Omit “, on behalf of the Federal Magistrates Court,” (first occurring).

10  Section 92

Omit “, on behalf of the Federal Magistrates Court,”.

11  Section 93

Before “The Federal”, insert “(1)”.

12  At the end of section 93

Add:

             (2)  The Chief Federal Magistrate may appoint committees consisting of Federal Magistrates, or of Federal Magistrates and other persons, for the purpose of advising the Chief Federal Magistrate in relation to the management of the administrative affairs of the Federal Magistrates Court.

13  Subsection 96(1)

Omit “the management of its administrative affairs, the Federal Magistrates Court”, substitute “managing the administrative affairs of the Federal Magistrates Court, the Chief Federal Magistrate”.

14  Subsection 96(2)

Omit “Federal Magistrates Court”, substitute “Chief Federal Magistrate”.

15  Subsection 96(3)

Omit “Federal Magistrates Court” (first occurring), substitute “Chief Federal Magistrate”.

16  Subsection 96(4)

Omit “Federal Magistrates Court”, substitute “Chief Federal Magistrate”.

17  Subsection 96(4)

Omit “his or her”, substitute “the Chief Executive Officer’s”.

18  Subsection 99(6)

Repeal the subsection, substitute:

             (6)  The officers of the Federal Magistrates Court, other than the Chief Executive Officer, have such duties, powers and functions as are given to them by:

                     (a)  this Act; or

                     (b)  the Rules of Court; or

                     (c)  the Federal Magistrates Court; or

                     (d)  the Chief Federal Magistrate.

19  Section 100

Omit “Federal Magistrates Court” (first occurring), substitute “Chief Federal Magistrate”.

20  After section 117

Insert:

117A   Delegation of the administrative powers of the Chief Federal Magistrate

                   The Chief Federal Magistrate may, in writing, delegate all or any of his or her powers under section 89 to any one or more of the Federal Magistrates.

21  Transitional provision—things done before the commencement of this Schedule

Anything done under the Federal Magistrates Act 1999 before the commencement of this Schedule has the same effect, after that commencement, as it would have had if this Schedule had not been enacted.