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Schedule 4—Repeal of the Federal Circuit Court of Australia Act 1999

Schedule 4 Repeal of the Federal Circuit Court of Australia Act 1999

Part 1 Repeals

Federal Circuit Court of Australia Act 1999

1  The whole of the Act

Repeal the Act .

Part 2 Saving and transitional provisions

2  Instrument about Commonwealth tenancy disputes

Despite the repeal of the Federal Circuit Court of Australia Act 1999 :

                     (a)  an instrument made under section 10AA of the Federal Circuit Court of Australia Act 1999 and in force immediately before 1 January 2019 continues in force (and may be dealt with) as if it had been made under section 101 of the Federal Circuit and Family Court of Australia Act 2018 ; and

                     (b)  on and after 1 January 2019, the instrument is to be known as the Federal Circuit and Family Court of Australia (Division 2) (Commonwealth Tenancy Disputes) Instrument 2015 ; and

                     (c)  on and after 1 January 2019, the instrument applies as if:

                              (i)  the reference in section 3 of the instrument to section 10AA of the Federal Circuit Court of Australia Act 1999 were a reference to section 101 of the Federal Circuit and Family Court of Australia Act 2018 ; and

                             (ii)  the reference in section 4 of the instrument to the Federal Circuit Court of Australia Act 1999 were a reference to the Federal Circuit and Family Court of Australia Act 2018 ; and

                            (iii)  any reference in the instrument to the Federal Circuit Court of Australia were a reference to the Federal Circuit and Family Court of Australia (Division 2).

3  Authorisation about handling complaints

A written authorisation made under subsection 12(3AB) of the Federal Circuit Court of Australia Act 1999 and in force immediately before 1 January 2019 continues in force (and may be dealt with) as if it had been made under subsection 113(2) of the Federal Circuit and Family Court of Australia Act 2018 .

4  Oaths and affirmations

A written authorisation made under subsection 58(2) of the Federal Circuit Court of Australia Act 1999 and in force immediately before 1 January 2019 continues in force (and may be dealt with) as if it had been made under subsection 161(2) of the Federal Circuit and Family Court of Australia Act 2018 .

5  Arrangements with other courts

An arrangement made under subsection 90(1) of the Federal Circuit Court of Australia Act 1999 and in force immediately before 1 January 2019 continues in force (and may be dealt with) as if it had been made under subsection 212(1) of the Federal Circuit and Family Court of Australia Act 2018 .

6  Arrangements with agencies or organisations

An arrangement made under subsection 91(1) of the Federal Circuit Court of Australia Act 1999 and in force immediately before 1 January 2019 continues in force (and may be dealt with) as if it had been made under subsection 213(1) of the Federal Circuit and Family Court of Australia Act 2018 .

7  Delegation

An instrument made under section 117A of the Federal Circuit Court of Australia Act 1999 and in force immediately before 1 January 2019 continues in force (and may be dealt with) as if it had been made under section 241 of the Federal Circuit and Family Court of Australia Act 2018 .

8  Determination of other terms and conditions

A determination by the Governor-General under clause 8 of Schedule 1 to the Federal Circuit Court of Australia Act 1999 and in force immediately before 1 January 2019 continues in force (and may be dealt with) as if it had been made under subsection 87(1) of the Federal Circuit and Family Court of Australia Act 2018 .

9  Certification of retired disabled Judges

A certification by the Minister under paragraph 9A(2)(a) of Schedule 1 to the Federal Circuit Court of Australia Act 1999 before 1 January 2019 that a person is a retired disabled Judge has effect, on and after that day, as if it were a certification by the Minister under section 90 of the Federal Circuit and Family Court of Australia Act 2018 that the person is a retired disabled Judge.

10  Right of appeal to the Administrative Appeals Tribunal

(1)       Despite the repeal of the Federal Circuit Court of Australia Act 1999 , applications may be made to the Administrative Appeals Tribunal for review of:

                     (a)  a refusal, before 1 January 2019, of the Minister to certify that a Judge is a retired disabled Judge under subclause 9A(2) of Schedule 1 to that Act; or

                     (b)  a refusal, before 1 January 2019, by the Minister under paragraph 9D(9)(b) of Schedule 1 to that Act to give a direction;

if, on 1 January 2019, the time for making an application for review of the refusal has not ended.

(2)       Despite the repeal of the Federal Circuit Court of Australia Act 1999 , applications may be made to the Administrative Appeals Tribunal for review of any of the following decisions:

                     (a)  a decision made, before 1 January 2019, by the Minister under subclause 9D(6) of Schedule 1 to that Act;

                     (b)  a decision made, before 1 January 2019, by the Minister under subclause 9D(7) of Schedule 1 to that Act to give a direction;

                     (c)  a decision made, before 1 January 2019, by the Minister under paragraph 9E(4)(c), subparagraph 9E(5)(b)(ii) or subclause 9E(8) of Schedule 1 to that Act;

                     (d)  a decision made, before 1 January 2019, by the Minister under subparagraph 9F(1)(b)(ii) or (iii) of Schedule 1 to that Act;

if, on 1 January 2019, the time for making an application for review of the decision has not ended.