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The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Federal Circuit Court of Australia (Consequential Amendments) Bill 2012
No. , 2012
(Attorney-General)
A Bill for an Act to deal with consequential matters in connection with the Federal Circuit Court of Australia Legislation Amendment Act 2012 , and for other purposes
Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Schedule(s)......................................................................................... 7
Schedule 1—Main amendments 8
Acts Interpretation Act 1901 8
Administrative Appeals Tribunal Act 1975 8
Administrative Decisions (Judicial Review) Act 1977 9
Admiralty Act 1988 11
Age Discrimination Act 2004 11
Antarctic Treaty (Environment Protection) Act 1980 11
Archives Act 1983 11
Australian Charities and Not-for-profits Commission Act 2012 12
Australian Crime Commission Act 2002 12
Australian Energy Market Act 2004 14
Australian Human Rights Commission Act 1986 14
Australian Security Intelligence Organisation Act 1979 15
Bankruptcy Act 1966 15
Broadcasting Services Act 1992 16
Building Energy Efficiency Disclosure Act 2010 17
Child Support (Assessment) Act 1989 17
Child Support (Registration and Collection) Act 1988 18
Civil Dispute Resolution Act 2011 19
Coal Mining Industry (Long Service Leave) Administration Act 1992 19
Coastal Trading (Revitalising Australian Shipping) Act 2012 20
Competition and Consumer Act 2010 20
Copyright Act 1968 21
Crimes Act 1914 21
Crimes (Superannuation Benefits) Act 1989 23
Criminal Code Act 1995 23
Do Not Call Register Act 2006 23
Education Services for Overseas Students Act 2000 24
Extradition Act 1988 24
Fair Work Act 2009 35
Fair Work (Building Industry) Act 2012 37
Fair Work (Registered Organisations) Act 2009 37
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 37
Family Law Act 1975 39
Family Law Amendment (Validation of Certain Orders and Other Measures) Act 2012 44
Family Law Amendment (Validation of Certain Parenting Orders and Other Measures) Act 2010 45
Federal Court of Australia Act 1976 45
Federal Proceedings (Costs) Act 1981 46
Foreign Evidence Act 1994 46
Freedom of Information Act 1982 47
Greenhouse and Energy Minimum Standards Act 2012 47
Independent Contractors Act 2006 47
Law Enforcement Integrity Commissioner Act 2006 47
Marriage Act 1961 48
Migration Act 1958 49
Mutual Assistance in Criminal Matters Act 1987 51
National Consumer Credit Protection Act 2009 57
National Greenhouse and Energy Reporting Act 2007 58
National Measurement Act 1960 58
National Vocational Education and Training Regulator Act 2011 58
Ombudsman Act 1976 62
Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 63
Paid Parental Leave Act 2010 63
Personally Controlled Electronic Health Records Act 2012 63
Personal Property Securities Act 2009 63
Privacy Act 1988 64
Product Stewardship Act 2011 64
Renewable Energy (Electricity) Act 2000 67
Resale Royalty Right for Visual Artists Act 2009 67
Road Safety Remuneration Act 2012 68
Superannuation Industry (Supervision) Act 1993 69
Taxation Administration Act 1953 69
Telecommunications (Interception and Access) Act 1979 69
Tertiary Education Quality and Standards Agency Act 2011 70
Tobacco Plain Packaging Act 2011 74
Trans-Tasman Proceedings Act 2010 75
Water Act 2007 75
Water Efficiency Labelling and Standards Act 2005 75
Work Health and Safety Act 2011 76
Schedule 2—Bulk amendments 77
Part 1—References to Federal Circuit Court 77
Administrative Decisions (Judicial Review) Act 1977 77
Admiralty Act 1988 77
Australian Crime Commission Act 2002 77
Australian Human Rights Commission Act 1986 77
Bankruptcy Act 1966 77
Coal Mining Industry (Long Service Leave) Administration Act 1992 77
Competition and Consumer Act 2010 77
Do Not Call Register Act 2006 77
Fair Work Act 2009 77
Fair Work (Building Industry) Act 2012 77
Federal Court of Australia Act 1976 77
Federal Proceedings (Costs) Act 1981 77
Law Enforcement Integrity Commissioner Act 2006 77
Migration Act 1958 78
National Consumer Credit Protection Act 2009 78
National Vocational Education and Training Regulator Act 2011 78
Paid Parental Leave Act 2010 78
Personal Property Securities Act 2009 78
Privacy Act 1988 78
Resale Royalty Right for Visual Artists Act 2009 78
Road Safety Remuneration Act 2012 78
Tertiary Education Quality and Standards Agency Act 2011 78
Part 2—References to Federal Circuit Court of Australia 79
Administrative Appeals Tribunal Act 1975 79
A New Tax System (Family Assistance) (Administration) Act 1999 79
Archives Act 1983 79
Child Support (Assessment) Act 1989 79
Child Support (Registration and Collection) Act 1988 79
Copyright Act 1968 79
Family Law Act 1975 79
Foreign Evidence Act 1994 79
Freedom of Information Act 1982 79
Independent Contractors Act 2006 79
Judiciary Act 1903 79
Legislative Instruments Act 2003 79
National Health Security Act 2007 79
National Measurement Act 1960 80
Shipping Registration Act 1981 80
Social Security Act 1991 80
Stronger Futures in the Northern Territory Act 2012 80
Water Act 2007 80
Work Health and Safety Act 2011 80
Schedule 3—Contingent amendments 81
Part 1—Intellectual Property Laws Amendment (Raising the Bar) Act 2012 81
Designs Act 2003 81
Trade Marks Act 1995 83
Part 2—Access to Justice (Federal Jurisdiction) Amendment Act 2012 86
Access to Justice (Federal Jurisdiction) Amendment Act 2012 86
Australian Crime Commission Act 2002 86
Family Law Act 1975 87
Federal Circuit Court of Australia Act 1999 87
Federal Circuit Court of Australia Legislation Amendment Act 2012 88
Federal Court of Australia Act 1976 89
Part 3—Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 90
Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 90
Part 4—Courts Legislation Amendment (Judicial Complaints) Act 2012 91
Federal Circuit Court of Australia Act 1999 91
Freedom of Information Act 1982 92
Part 5—Privacy Amendment (Enhancing Privacy Protection) Act 2012 93
Privacy Act 1988 93
Part 6—Regulatory Powers (Standard Provisions) Act 2012 94
Regulatory Powers (Standard Provisions) Act 2012 94
Part 7—Illegal Logging Prohibition Act 2012 95
Illegal Logging Prohibition Act 2012 95
Part 8—Fair Work Amendment (Transfer of Business) Act 2012 96
Fair Work Act 2009 96
Part 9—Migration Amendment (Reform of Employer Sanctions) Act 2012 97
Migration Act 1958 97
Part 10—National Gambling Reform Act 2012 98
National Gambling Reform Act 2012 98
Schedule 4—General transitional provisions 99
A Bill for an Act to deal with consequential matters in connection with the Federal Circuit Court of Australia Legislation Amendment Act 2012 , and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Federal Circuit Court of Australia (Consequential Amendments) Act 2012 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
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Commencement information |
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Column 1 |
Column 2 |
Column 3 |
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Provision(s) |
Commencement |
Date/Details |
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1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table |
The day this Act receives the Royal Assent. |
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2. Schedule 1 |
At the same time as item 1 of Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Act 2012 commences. |
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3. Schedule 2 |
Immediately after the commencement of the provision(s) covered by table item 2. |
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4. Schedule 3, Part 1 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of item 1 of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 . |
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5. Schedule 3, item 43 |
Immediately after the commencement of item 9 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 . However, the provision(s) do not commence at all if item 9 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 commences at or before the time Schedule 1 to this Act commences. |
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6. Schedule 3, item 44 |
Immediately after the commencement of the provision(s) covered by table item 2. However, the provision(s) do not commence at all if item 9 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 does not commence at or before the time Schedule 1 to this Act commences. |
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7. Schedule 3, items 45 and 46 |
Immediately after the commencement of the provision(s) covered by table item 2. However, the provision(s) do not commence at all if item 9 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 commences at or before the time Schedule 1 to this Act commences. |
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8. Schedule 3, item 47 |
Immediately after the commencement of item 2 of Schedule 3 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 . However, the provision(s) do not commence at all if item 2 of Schedule 3 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 commences before the time Schedule 1 to this Act commences. |
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9. Schedule 3, items 48 to 53 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of item 7 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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10. Schedule 3, items 54 to 61 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of item 9 of Schedule 3 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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11. Schedule 3, item 62 |
Immediately after the commencement of section 2 of the Federal Circuit Court of Australia Legislation Amendment Act 2012 . |
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12. Schedule 3, item 63 |
Immediately after the commencement of item 3 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 . However, the provision(s) do not commence at all if item 3 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 commences before the time Schedule 1 to this Act commences. |
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13. Schedule 3, item 64 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of item 3 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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14. Schedule 3, Part 3 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of section 3 of the Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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15. Schedule 3, Part 4 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of Schedule 1 to the Courts Legislation Amendment (Judicial Complaints) Act 2012 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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16. Schedule 3, Part 5 |
Immediately after the commencement of Schedule 1 to the Privacy Amendment (Enhancing Privacy Protection) Act 2012 . However, the provision(s) do not commence at all if Schedule 1 to the Privacy Amendment (Enhancing Privacy Protection) Act 2012 commences before the time Schedule 1 to this Act commences. |
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17. Schedule 3, Part 6 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of Part 1 of the Regulatory Powers (Standard Provisions) Act 2012 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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18. Schedule 3, Part 7 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of section 7 of the Illegal Logging Prohibition Act 2012 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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19. Schedule 3, Part 8 |
Immediately after the commencement of item 55 of Schedule 1 to the Fair Work Amendment (Transfer of Business) Act 2012 . However, the provision(s) do not commence at all if item 55 of Schedule 1 to the Fair Work Amendment (Transfer of Business) Act 2012 commences before the time Schedule 1 to this Act commences. |
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20. Schedule 3, Part 9 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of item 24 of Schedule 1 to the Migration Amendment (Reform of Employer Sanctions) Act 2012 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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21. Schedule 3, Part 10 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of section 5 of the National Gambling Reform Act 2012 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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22. Schedule 4 |
At the same time as item 1 of Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Act 2012 commences. |
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Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.