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Federal Circuit Court of Australia (Consequential Amendments) Bill 2013

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2010 - 2011 - 2012

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

FEDERAL CIRCUIT COURT OF AUSTRALIA

(CONSEQUENTIAL AMENDMENTS) BILL 2012

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

(Circulated by the authority of the Attorney-General,

the Honourable Nicola Roxon, MP)



FEDERAL CIRCUIT COURT OF AUSTRALIA (CONSEQUENTIAL AMENDMENTS) BILL 2012

OUTLINE

1.                   The Bill operates together with the Federal Circuit Court of Australia Legislation Amendment Bill 2012, and makes consequential amendments to Commonwealth legislation to reflect changes to the name of the Federal Magistrates Court and the title of Federal Magistrates.

2.                   On 20 September 2012 the Attorney-General, the Hon Nicola Roxon MP, introduced the Federal Circuit Court of Australia Legislation Amendment Bill 2012 to amend the Federal Magistrates Act 1999 and other legislation to rename the Federal Magistrates Court as the ‘Federal Circuit Court of Australia’, and change the title of the Chief Federal Magistrate to ‘Chief Judge’ and the title of Federal Magistrate to ‘Judge’. 

3.                   The purpose of the Federal Circuit Court of Australia (Consequential Amendments) Bill is to amend other Commonwealth legislation to update references to the Federal Magistrates Court and Federal Magistrates and provide additional transitional and savings provisions. 

4.                   Amendments in this Bill are not intended to alter the jurisdiction or the status of the Federal Magistrates Court or its judicial officers.  General transitional provisions included in the Federal Circuit Court of Australia Legislation Amendment Bill 2012 will apply to ensure continuity of existing arrangements of the Court and Federal Magistrates provided for in Commonwealth legislation. 

5.                   This Bill will make consequential amendments to Commonwealth legislation to reflect the new name of the Court and title of Federal Magistrates.   The Bill is divided into four schedules:

·          Schedule 1 will update relevant references in legislation, consistent with the new name of the Court and title of Federal Magistrates as ‘Judge’.   This includes updating references to reflect the new short title of the Federal Magistrates Act 1999 as the Federal Circuit Court of Australia Act 1999 .

·          Schedule 2 includes ‘bulk’ amendments to substitute ‘Federal Circuit Court’ or ‘Federal Circuit Court of Australia’ for ‘Federal Magistrates Court’ wherever it appears in the Acts listed in Schedule 2. 

·          Schedule 3 of the Bill includes contingent amendments to a number of Bills which are currently before Parliament that make reference to the Federal Magistrates Court or Federal Magistrates.  Commencement of these contingent amendments will be subject to passage and commencement of the relevant Bills.

·          Schedule 4 of the Bill includes general transitional provisions to ensure certainty of transfer of appropriated money.  Schedule 4 also makes clear that provisions in the Bill do not limit the operation of section 7 of the Acts Interpretation Act 1901.



6.         This Bill provides for transitional and savings arrangements, including ensuring the continuity of arrangements for functions exercised by Federal Magistrates in their personal capacity under Commonwealth legislation and the transfer of appropriated money.   

FINANCIAL IMPACT STATEMENT

7.                   The proposed Bill will not have any significant financial impact on commencement.



STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Federal Circuit Court of Australia (Consequential Amendments) Bill 2012

 

8.                   This Bill is compatible with the human rights and freedoms recognised or declared in

the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

Overview of the Bill

9.                   This Bill will make consequential amendments to Commonwealth legislation to reflect the new name of the Court and title of Federal Magistrates.  The Bill is divided into four schedules:

·          Schedule 1 will update relevant references in Acts in legislation, consistent with the new name of the Court and title of Federal Magistrates as ‘Judge’.  This includes updating references to reflect the new short title of the Federal Magistrates Act 1999 as the Federal Circuit Court of Australia Act 1999 .

·          Schedule 2 includes ‘bulk’ amendments to substitute ‘Federal Circuit Court’ or ‘Federal Circuit Court of Australia’ for ‘Federal Magistrates Court’ wherever it appears in the Acts listed in Schedule 2. 

·          Schedule 3 of the Bill includes contingent amendments of a number of Bills which are currently before Parliament that make reference to the Federal Magistrates Court or Federal Magistrates.  Commencement of these contingent amendments will be subject to passage and commencement of the relevant Bills.

·          Schedule 4 of the Bill includes general transitional provisions to ensure certainty of transfer of appropriated money.  Schedule 4 also makes clear that amendments do not limit the operation of section 7 of the Acts Interpretation Act 1901.

Human Rights implications

10.               The Bill operates together with the Federal Circuit Court of Australia Legislation Amendment Bill 2012 and makes consequential amendments to Commonwealth legislation to reflect changes to the name the Federal Magistrates Court and the title of Federal Magistrates to ‘Judge’.  The Bill preserves existing arrangements in relation to the jurisdiction and status of the Federal Magistrates Court and ensures the continuity of arrangements for functions exercised by Federal Magistrates in their personal capacity .  For these reasons, the Bill does not engage any of the applicable rights or freedoms.

Conclusion

11.               The Bill is compatible with human rights and does not raise any human rights issues.

 

 

 



 

NOTES ON CLAUSES

Clause 1 - Short title

1.                   This clause provides that the short title of the Bill, once enacted, will be the Federal Circuit Court of Australia (Consequential Amendments) Act 2012 .

Clause 2 - Commencement

2.                   This clause provides for the commencement of this Act as outlined in column 2 of the table.  Sections 1 to 3 will commence on the day this Act receives the Royal Assent.

3.                   Schedule 1 will commence at the same time as item 1 of Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Act 2012 . The Federal Circuit Court of Australia Legislation Amendment Bill 2012 provides for commencement of Schedule 1 to that Bill on a single day to be fixed by Proclamation.  However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

4.                   Schedule 2 will commence immediately after the commencement of the provisions covered by table item 2.  Table item 2 provides for commencement of Schedule 1 at the same time as item 1 of Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Act 2012 .

5.                   Schedule 3 provides for commencement of contingent amendments dealing with Bills which are currently before the Parliament or Acts which have not yet commenced.

6.                   Schedule 3, Part 1 will commence on the later of immediately after the commencement of the provisions covered by table item 2 and immediately after the commencement of item 1 of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012

7.                   Table items 5, 6 and 7 deal with commencement of amendments which are contingent on scenarios for commencement of item 9 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 :

·          Schedule 3, item 43, will commence immediately after the commencement of item 9 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 .  However, the provision will not commence if item 9 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 does not commence at or before Schedule 1 to this Bill.

·          Schedule 3, item 44, will commence immediately after the commencement of provisions covered by table item 2.  However, the provision will not commence if item 9 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 does not commence at or before Schedule 1 to this Bill.

·          Schedule 3, items 45 and 46, will commence immediately after the commencement of provisions covered by table item 2.  However, the provisions will not commence if item 9 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 does not commence at or before Schedule 1 to this Bill.

8.                   Schedule 3, item 47, will commence immediately after the commencement of item 2 of Schedule 3 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 .  However, the provision will not commence if item 2 of Schedule 3 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 commences before Schedule 1 to this Bill.

9.                   Schedule 3, items 48 to 53, will commence on the later of immediately after the commencement of provisions covered by table item 2 and immediately after the commencement of item 7 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 .  However, the provisions will not commence if item 7 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 has not commenced.

10.               Schedule 3, items 54 to 61, will commence on the later of immediately after the commencement of the provisions covered by table item 2 and immediately after the commencement of item 9 of Schedule 3 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 .  However, the provisions will not commence if item 9 of Schedule 3 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 does not commence.

11.               Schedule 3, item 62, will commence immediately after the commencement of section 2 of the Federal Circuit Court of Australia Legislation Amendment Act 2012

12.               Schedule 3, item 63, will commence immediately after the commencement of item 3 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 .  However, the provision will not commence if item 3 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 commences before Schedule 1 to this Bill.

13.               Schedule 3, item 64, will commence on the later of immediately after the commencement of the provisions covered by table item 2 and immediately after the commencement of item 3 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 .  However, the provision will not commence if item 3 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 has not commenced.

14.               Schedule 3, Part 3, will commence on the later of immediately after the commencement of the provisions covered by table item 2 and immediately after the commencement of section 3 of the Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 .  However, the provisions will not commence if section 3 of the Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 has not commenced.

15.               Schedule 3, Part 4, will commence on the later of immediately after the commencement of the provisions covered by table item 2 and immediately after the commencement of Schedule 1 to the Courts Legislation Amendment (Judicial Complaints) Act 2012 .  However, the provisions will not commence if Schedule 1 to the Courts Legislation Amendment (Judicial Complaints) Act 2012 has not commenced.

16.               Schedule 3, Part 5, will commence immediately after commencement of Schedule 1 to the Privacy Amendment (Enhancing Privacy Protection) Act 2012 .  However, the provisions will not commence if Schedule 1 to the Privacy Amendment (Enhancing Privacy Protection) Act 2012 commences before Schedule 1 to this Bill.

17.               Schedule 3, Part 6, will commence on the later of immediately after the commencement of the provisions covered by table item 2 and immediately after the commencement of Part 1 of the Regulatory Powers (Standard Provisions) Act 2012 .  However, the provisions will not commence if Part 1 of the Regulatory Powers (Standard Provisions) Act 2012 has not commenced.

18.               Schedule 3, Part 7, will commence on the later of immediately after the commencement of the provisions covered by table item 2 and immediately after the commencement of section 7 of the Illegal Logging Prohibition Act 2012 .  However, the provisions will not commence if section 7 of the Illegal Logging Prohibition Act 2012 has not commenced.

19.               Schedule 3, Part 8, will commence immediately after the commencement of item 55 of Schedule 1 to the Fair Work Amendment (Transfer of Business) Act 2012 .  However, the provisions will not commence if item 55 of Schedule 1 to the Fair Work Amendment (Transfer of Business) Act 2012 commences before Schedule 1 to this Bill.

20.               Schedule 3, Part 9, will commence on the later of immediately after the commencement of the provisions covered by table item 2 and immediately after the commencement of item 24 of Schedule 1 to the Migration Amendment (Reform of Employer Sanctions) Act 2012 .  However, the provisions will not commence if item 24 of Schedule 1 to the Migration Amendment (Reform of Employer Sanctions) Act 2012 has not commenced.

21.               Schedule 3, Part 10, will commence on the later of immediately after the commencement of the provisions covered by table item 2 and immediately after the commencement of section 5 of the National Gambling Reform Act 2012 .  However, the provisions will not commence if clause 5 of the National Gambling Reform Act 2012 has not commenced.

22.               Schedule 4 will commence at the same time as item 1 of Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Act 2012 .

Clause 3 - Schedules(s)

23.               This clause provides that each Act specified in a Schedule to the Bill will be amended or repealed as set out in the Schedules. This clause also provides that each other item in the Bill is to have effect according to its terms .



 

SCHEDULE 1 - MAIN AMENDMENTS

Acts Interpretation Act 1901

Item 1 - Section 2B (definition of Magistrate )

24.               This item omits reference to subsection 16C(3) in the definition of ‘Magistrate’ in section 2B.  Section 2B provides definitions for the purpose of any Commonwealth Act, unless subject to a contrary intention.  This amendment is consequential to item 3 which repeals subsection 16C(3). 

Item 2 - Subsection 16C(3)

25.               This item repeals subsection 16C(3).  Subsection 16C(3) provides that a reference in any Act to a ‘Magistrate’ does not include a reference to a Federal Magistrate.  Subsection 16C(3) is no longer necessary because of the change in title of Federal Magistrates to ‘Judge’.

Administrative Appeals Tribunal Act 1975

Item 3 - Section 44AA (heading)

26.               This item repeals the heading to section 44AA and inserts the new heading:

44AA Transfer of appeals from Federal Court to Federal Circuit Court’.   This consequential amendment will insert a new heading to section 44AA to reflect the new name of the Court.

Item 4 - Subsection 44AA(11) (heading)

27.               This item repeals the heading to subsection 44AA(11) and inserts the new heading: ‘ Federal Circuit Court may make findings of fact ’.   This consequential amendment will insert a new heading to subsection 44AA(11) to reflect the new name of the Court.

Item 5 - Subsection 44A(2A)

28.               This item updates references to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court of Australia’ wherever they occur in subsection 44A(2A).  Subsection 44A(2A) provides that the Federal Magistrates Court or a Federal Magistrate may order a stay of all or part of a Tribunal decision which is the subject of an appeal in the Court.  This consequential amendment will update subsection 44A(2A) to reflect the new title of Federal Magistrates as ‘Judge’ and the new name of the Court. 

Item 6 - Paragraph 44A(3)(b)

29.               This item inserts ‘Judge of that Court’ for ‘Federal Magistrate’ in paragraph 44A(3)(b).  Paragraph 44A(3)(b) provides for the making and varying of orders to stay a Tribunal decision which is the subject of an appeal in the Federal Court or Federal Magistrates Court.  This consequential amendment will update paragraph 44A(3)(b) to reflect the new title of Federal Magistrates as ‘Judge’.

 

Item 7 - Section 46 (heading)

30.               This item repeals the heading to section 46 and inserts the new heading: ‘46 Sending of documents to, and disclosure of documents by, the Federal Court and the Federal Circuit Court’.  This consequential amendment will insert a new heading to section 46 to reflect the new name of the Court.

Administrative Decision (Judicial Review) Act 1977

Item 8 - Subsection 3(1)

31.               This item inserts a definition of ‘Federal Circuit Court’ in subsection 3(1).  Subsection 3(1) provides definitions for the purposes of the Act.  This amendment will define ‘ Federal Circuit Court’ to mean the Federal Circuit Court of Australia.

Item 9 - Subsection 3(1)

32.               This item inserts a definition of ‘Federal Circuit Court Rules’ in subsection 3(1).  Subsection 3(1) provides definitions for the purposes of the Act.  This amendment will define ‘ Federal Circuit Court Rules’ to mean the Rules of Court made under the Federal Circuit Court of Australia Act 1999 .  This consequential amendment will update subsection 3(1) to reflect the new name of the Court.  Part 2 of Schedule 2 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012 will preserve the continuity of existing Rules of Court. 

Item 10 - Subsection 3(1) (definition of Federal Magistrates Rules )

33.               This item repeals the definition of ‘Federal Magistrates Rules’ in subsection 3(1).  Subsection 3(1) provides definitions for the purposes of the Act.  This amendment will repeal the definition following the insertion of a definition of ‘Federal Circuit Court Rules’ in item 10.

Item 11 - Subsection 3(10)

34.               This item updates the reference to the ‘ Federal Magistrates Act 1999 ’ in subsection 3(10) to be ‘ Federal Circuit Court of Australia Act 1999 ’.  Subsection 3(10) provides that a reference in the Act to an application made to the Federal Court includes a reference to an application made in the Federal Magistrates Court and subsequently transferred to the Federal Court under Part 5 of the Federal Magistrates Act 1999 .  This consequential amendment updates subsection 3(10) to reflect the new short title of the Act (see Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012).  

Item 12 - Subsection 3(12)

35.               This item replaces reference to the ‘ Federal Magistrates Act 1999 ’ in subsection 3(12) with ‘ Federal Circuit Court of Australia Act 1999 ’.  Subsection 3(12) provides that for the purpose of paragraph (11)(b) of the Act,  section 19 Federal Magistrates Act 1999 should be disregarded.  This consequential amendment updates subsection 3(12) to reflect the new short title of the Act (see Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012).  

Item 13 - Section 8 (heading)

36.               This item repeals the heading to section 8 and inserts the new heading: ‘ 8 Jurisdiction of Federal Court and Federal Circuit Court’.   This consequential amendment will insert a new heading to section 8 to reflect the new name of the Court.

Item 14 - Subparagraph 11(1)(a)(ii)

37.               This item updates reference to ‘ Federal Magistrates Rules’ to be ‘Federal Circuit Court Rules’ in subparagraph 11(1)(a)(ii).  Subparagraph 11(1)(a)(ii) provides that an application to the Federal Court or Federal Magistrates Court for an order of review of a decision shall be made in the prescribed form.  This consequential amendment will update the reference to the ‘Federal Magistrates Rules’ to reflect the new name of the Court.  ‘Federal Circuit Court Rules’ will be defined to mean ‘the Rules of Court made under the Federal Circuit Court of Australia Act 1999 ’ (see item 9).

Item 15 - Subsection 11(2)

38.               This item updates references to the Federal Magistrates Court and Federal Magistrates Rules in subsection 11(2).  Subsection 11(2) provides that an application to the Federal Court or Federal Magistrates Court is to be made in the form prescribed by the Federal Court Rules and Federal Magistrates Court Rules respectively.  This item makes consequential amendments to update subsection 11(2) to reflect the new Court name.  The ‘Federal Circuit Court Rules’ will be defined to mean ‘the Rules of Court made under the Federal Circuit Court of Australia Act 1999 ’ (see item 9).

Item 16 - Subsections 11(8A) and (9)

39.               This item updates the reference to ‘Federal Magistrates Rules’ to be ‘Federal Circuit Court Rules’ in subsections 11(8A) and (9).  Subsections 11(8A) and (9) provide that the Federal Magistrates Rules may make provision in relation to service of documents and that substantial, rather than strict, compliance with Federal Court Rules or Federal Magistrates Rules made under section 11 is sufficient.  These consequential amendments will update subsections 11(8A) and (9) to reflect the new Court name. 

Item 17 - Section 15A (heading)

40.               This item repeals the heading to section 15A and inserts the new heading: ‘ 15A Stay of proceedings - Federal Circuit Court’.   This consequential amendment will insert a new heading to section 15A to reflect the new name of the Court.

Item 18 - Subsection 15A(1)

41.               This item updates the first occurring reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court of Australia’ in subsection 15A(1).  Subsection 15A(1) provides for the Federal Magistrates Court to suspend or stay the operation of a decision under review in the Court.  This consequential amendment will update subsection 15A(1) to reflect the new name of the Court.  

 

Item 19 - Paragraphs 15A(1)(a) and (b)

42.               This item updates reference to ‘Federal Magistrates Court or a Federal Magistrate’ to be ‘Federal Circuit Court of Australia or a Judge’.  Paragraphs 15A(1)(a) and (b) provides for the Federal Magistrates Court to suspend or stay the operation of a decision under review in the Court.  This consequential amendment will update paragraphs 15A(1)(a) and (b) to reflect the new title of Federal Magistrates as ‘Judge’ and the new name of the Court.     

Item 20 - Subsection 15A(2)

43.               This item updates references to ‘Federal Magistrates Court or a Federal Magistrate’ to be ‘Federal Circuit Court of Australia or a Judge’ in subsection 15A(2).  Subsection 15A(2) provides for the Federal Magistrates Court to suspend or stay the operation of a decision under review on the initiative of the Federal Magistrate or on application.  This consequential amendment will update subsection 15A(2) to reflect the new title of Federal Magistrates as ‘Judge’ and the new name of the Court.       

Item 21 - Subsection 15A(3)

44.               This item updates references to Federal Magistrates, Federal Magistrates Court and Federal Magistrates Act 1999 in subsection 15A(3).  Subsection 15A(3) defines the expression ‘the Federal Magistrates Court or a Federal Magistrate’ for the purpose of section 15A.  This item will make consequential amendments to section 15A(3) to reflect the new title of Federal Magistrates as ‘Judge’, the new name of the Court and the new short title of the Federal Magistrates Act 1999 (see Schedule 1 of the Federal Circuit Court of Australia Legislation Amendment Bill 2012).    

Item 22 - Section 16 (heading)

45.               This item repeals the heading to section 16 and inserts the new heading: ‘16 Powers of the Federal Court and the Federal Circuit Court in respect of applications for order of review’.   This consequential amendment will insert a new heading to section 16 to reflect the new name of the Court.

Item 23 - Paragraph (zf) of Schedule 1

46.               This item updates the reference to ‘Chief Federal Magistrate’ to be ‘Chief Judge of the Federal Circuit Court’ in paragraph (zf) of Schedule 1.  Paragraph (zf) of Schedule 1 provides that decisions of the Chief Federal Magistrate under subsections 12(3) or (4) of the Federal Magistrates Act 1999 are not decisions to which the Act applies .  This consequential amendment will update paragraph (zf) of Schedule 1 to reflect the new title of the Chief Federal Magistrate as ‘Chief Judge’ and the new name of the Court.  The effect of the amendment is to maintain the exclusion of decisions of the Chief Federal Magistrate under the new title of ‘Chief Judge’.

Item 24 - Paragraph (zf) of Schedule 1

47.               This item updates reference to the ‘ Federal Magistrates Act 1999 ’ to be ‘ Federal Circuit Court of Australia Act 1999 ’ in paragraph (zf) of Schedule 1.  Paragraph (zf) of Schedule 1 provides that decisions of the Chief Federal Magistrate under subsections 12(3) or (4) of the Federal Magistrates Act 1999 are not decisions to which the Act applies.  This consequential amendment updates paragraph (zf) of Schedule 1 to reflect the new short title of the Act (see Schedule 1 to Federal Circuit Court of Australia Legislation Amendment Bill 2012).  

Admiralty Act 1988

Item 25 - Subsection 3(1)

48.               This item inserts a definition of ‘Federal Circuit Court’ in subsection 3(1).  Subsection 3(1) provides definitions of expressions used in the Act.  This amendment will define ‘ Federal Circuit Court’ to mean the Federal Circuit Court of Australia.

Age Discrimination Act 2004

Item 26 - Schedule 1 (table item 26)

49.               This item updates the reference to the ‘ Federal Magistrates Act 1999 ’ in Schedule 1 (table item 26) to be ‘ Federal Circuit Court of Australia Act 1999 ’.  Schedule 1 provides the legislation for which an exemption is provided under subsection 39(1) of the Act .  This consequential amendment will update Schedule 1 to reflect the new short title of the Act (see Schedule 1 of Federal Circuit Court of Australia Legislation Amendment Bill 2012).  

Antarctic Treaty (Environment Protection) Act 1980

Item 27 - Subsection 3(1) (paragraph (b) of the definition of Court )

50.                 This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court of Australia’ in the definition of ‘Court’ in subsection 3(1).  This consequential amendment will update the definition of ‘Court’ in subsection 3(1) to reflect the new name of the Court.   

Archives Act 1983

Item 28 - Paragraph 53(7)(a)

51.               This item updates the reference to ‘Federal Magistrate’ to be ‘Judge’ in paragraph 53(7)(a).  Subsection 53(7) provides that the Federal Magistrates Court should take all necessary measures to ensure that the contents of certain confidential documents are not disclosed to persons other than the relevant Federal Magistrate or a member of the staff of the Federal Magistrates Court as necessary.  This consequential amendment will update paragraph 53(7)(a) to reflect the new title of Federal Magistrate as ‘Judge’. 

Australian Charities and Not-for-profits Commission Act 2012

Item 29 - Section 300-5 (definition of issuing officer )

52.               This item updates the reference to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court’ in the definition of ‘issuing officer’ in section 300-5.  Section 300-5 provides for definitions of expressions used in this Act.  ‘Issuing officer’ is defined to mean a magistrate or a Federal Magistrate.  This consequential amendment will update section 300-5 to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court. 

Item 30 - Saving provision

53.               This item provides that a thing done by, or in relation to, a Federal Magistrate, as an issuing officer under Division 75 of the Australian Charities and Not-for-profitsCommission Act 2012 will continue to have effect under the new title of Federal Magistrates as ‘Judge’, after commencement of this item. 

54.               This item reflects this Bill’s intention to preserve the continuity of existing arrangements for functions exercised by a Federal Magistrate under the new title of ‘Judge’.  The Bill does not alter the nature or conditions of exercise of these functions conferred under legislation.  This item has been included to ensure certainty of existing arrangements.  This item does not limit the operation of section 7 or subsection 25B(1) of the Acts Interpretation Act 1901 (see item 3 of Schedule 4 to this Bill).

Australian Crime Commission Act 2002

Item 31 - Subsection 4(1)

55.               This item inserts a definition of ‘Federal Circuit Court’ in subsection 4(1).  Subsection 4(1) provides definitions of expressions used in the Act.  This amendment will define ‘ Federal Circuit Court’ to mean the Federal Circuit Court of Australia.  

Item 32 - Subsection 4(1) (after paragraph (a) of the definition of issuing officer )

56.               This item inserts paragraph (aa) to the definition of ‘issuing officer’ in subsection 4(1).  Subsection 4(1) provides definitions of expressions used in the Act.  ‘Issuing officer’ is defined in subsection 4(1) to mean a Judge of the Federal Court, a Judge of a court of a State or Territory or a Federal Magistrate.  New paragraph (aa) will include ‘a Judge of the Federal Circuit Court’ as an ‘issuing officer’ for the purposes of the Act.  This consequential amendment will operate with item 34 to update the definition of ‘issuing officer’ in accordance with the new title of Federal Magistrate as ‘Judge’ and the new name of the Court. 

Item 33 - Subsection 4(1) (after paragraph (a) of the definition of issuing officer )

57.               This item updates the list formatting and punctuation in paragraph (b) of the definition of ‘issuing officer’ in subsection 4(1), consequential to the repeal of paragraph (c) in item 34.

Item 34 - Subsection 4(1) (paragraph (b) of the definition of issuing officer )

58.               This item repeals paragraph (c) of the definition of ‘issuing officer’ in subsection 4(1).  Subsection 4(1) provides definitions of expressions used in the Act.  Paragraph (c) includes Federal Magistrates as an ‘issuing officer’.  This amendment will operate with item 32 to update the definition of ‘issuing officer’ in accordance with the new title of Federal Magistrates as ‘Judge’.

 

Item 35 - Paragraph 55A(1)(c)

59.               This item updates reference to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court’ in paragraph 55A(1)(c).  Paragraph 55A(1)(c) provides legislative consent for certain duties, functions and powers under State laws to be conferred on a Judge of the Federal Court or a Federal Magistrate.  This consequential amendment will update paragraph 55A(1)(c) to reflect the new title of Federal Magistrates as ‘Judge’. 

Item 36 - Subsection 55A(5B) (heading)

60.               This item repeals the heading to subsection 55A(5B) and inserts the new heading: ‘Judge of the Federal Court or Judge of the Federal Circuit Court’.  This consequential amendment will update references in the heading to subsection 55A(5B) to reflect the title of Federal Magistrates as ‘Judge’ and the new name of the Court.  

Item 37 - Subsections 55A(5B) and (5C)

61.               This item updates references to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court’ wherever it occurs in subsections 55A(5B) and (5C).  Subsections 55A(5B) and (5C) provide that a law of a State may confer on a Judge of the Federal Court or a Federal Magistrate a duty, function or power relating to the investigation of certain criminal activity or the undertaking of certain intelligence operations.  This consequential amendment will update subsections 55A(5B) and (5C) to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court.  This amendment will not affect the continuity or validity of a thing done by, or in relation to, a Federal Magistrate (see item 45).

Item 38 - Paragraphs 55A(8)(c) and (9)(c)

62.               This item updates references to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court’ in paragraphs 55A(8)(c) and (9)(c).  Paragraphs 55A(8)(c) and (9)(c) provide that the Act is not intended to exclude or limit a State law that confers duties, functions or powers on a Judge of the Federal Court or a Federal Magistrate, and that the Act is not intended to prevent a Judge of the Federal Court or a Federal Magistrate exercising concurrent duties, functions or powers.  This consequential amendment will update paragraphs 55A(8)(c) and (9)(c) to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court.  It will not affect the nature or conditions of exercise of the functions conferred on Federal Magistrates under the legislation.  This amendment will not affect the continuity or validity of a thing done by, or in relation to, a Federal Magistrate (see item 45).  

Item 39 - Subsection 55A(13) (definition of Federal Magistrate )

63.               This item repeals the definition of ‘Federal Magistrate’ in subsection 55A(13).  This operates together with item 40 to reflect the new title of Federal Magistrate as ‘Judge’.

Item 40 - Subsection 55A(13)

64.               This item inserts a definition of ‘Judge of the Federal Circuit Court’ in subsection 55A(13).  ‘Judge of the Federal Circuit Court’ will be defined to mean a Judge of the Federal Circuit Court in a personal capacity and not as a court or a member of a court.  This amendment updates references to reflect the new title of Federal Magistrates as ‘Judge’ and the new name of the Court, and does not affect the nature or conditions of exercise of the functions conferred on Federal Magistrates under the legislation.  This amendment operates together with item 39, which repeals the definition of Federal Magistrate.    

Item 41 - Subsection 55C(2)

65.               This item updates the reference to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court’ in subsection 55C(2).  Subsection 55C(2) provides that the Act does not impose any obligation on a Federal Magistrate to perform a duty or function, or exercise a power.  This consequential amendment will update subsection 55C(2) to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court.

Item 42 - Subsection 55C(3) (definition of Federal Magistrate )

66.               This item repeals the definition of ‘Federal Magistrate’ in subsection 55C(3).  This operates together with item 43 to reflect the new title of Federal Magistrate as ‘Judge’.

Item 43 - Subsection 55C(3)

67.               This item inserts a definition of ‘Judge of the Federal Circuit Court’ in subsection 55C(3).  ‘Judge of the Federal Circuit Court’ will be defined to mean a Judge of the Federal Circuit Court in a personal capacity and not as a court or a member of a court.  This amendment updates references to reflect the new title of Federal Magistrates as ‘Judge’ and the new name of the Court, and does not affect the nature or conditions of exercise of the functions conferred on Federal Magistrates under the legislation.  This amendment operates together with item 42 which repeals the definition of Federal Magistrate.    

Item 44 - Section 57

68.               This item updates reference to the ‘Federal Magistrates Rules’ to be ‘Federal Circuit Court Rules’ in section 57.  Section 57 provides for an application to the Federal Magistrates Court for an order of review in respect of a matter arising under the Australian Crime Commission Act 2002 to be made in accordance with the Federal Magistrates Rules.  This consequential amendment will update section 57 to reflect the new name of the Court. 

69.               Part 2 of Schedule 2 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012 will preserve the continuity of existing Rules of Court. 

Item 45 - Saving provision

70.               This item provides that a thing done by, or in relation to, a Federal Magistrate, as an issuing officer under Division 1A of Part II of the Australian Crime Commission Act 2002 will continue to have effect under the new title of Federal Magistrates as ‘Judge’, after commencement of this item. 

71.               This item reflects this Bill’s intention to preserve the continuity of existing arrangements for functions exercised by a Federal Magistrate under the new title of ‘Judge’.  The Bill does not alter the nature or conditions of exercise of these functions conferred under legislation.  This item has been included to ensure certainty of existing arrangements.  This item does not limit the operation of section 7 or subsection 25B(1) of the Acts Interpretation Act 1901 (see item 3 of Schedule 4 to this Bill).

Australian Energy Market Act 2004 

Item 46 - Subsection 11(1) (definition of magistrate )

72.               This item updates the reference to ‘Federal Magistrate of the Federal Magistrates Court’ to be ‘Judge of the Federal Circuit Court of Australia’ in the definition of ‘magistrate’ in subsection 11(1).  Subsection 6(1) of the Australian Energy Market Act 2004 provides that t he National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 applies as a law of the Commonwealth in certain areas, and may be referred to as the National Electricity (Commonwealth) Law.   Subsection 11(1) provides for definitions of expressions used in the National Electricity (Commonwealth) Law and Regulations. 

73.               The effect of this item is to define the term ‘magistrate’ for the purposes of the National Electricity (Commonwealth) Law and Regulations to be a Judge of the Federal Circuit Court of Australia.  T his is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the existing functions conferred under Commonwealth law.

Item 47 - Subsection 11H(1) (definition of magistrate )

74.               This item updates the reference to ‘Federal Magistrate of the Federal Magistrates Court’ to be ‘Judge of the Federal Circuit Court of Australia’ in the definition of ‘magistrate’ in subsection 11H(1).  Subsection 11A(1) of the Australian Energy Market Act 2004 provides that the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 as in force from time to time applies as a law of the Commonwealth in certain areas, and may be referred to as the National Gas (Commonwealth) Law.   Subsection 11H(1) provides for definitions of expressions used in the National Gas (Commonwealth) Law and Regulations. 

75.               The effect of this item is to define the term ‘magistrate’ for the purposes of the National Gas (Commonwealth) Law and Regulations to be a Judge of the Federal Circuit Court of Australia.  T his is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the existing functions conferred under Commonwealth law.

Australian Human Rights Commission Act 1986    

Item 48 - Subsection 3(1)

76.               This item inserts a definition of ‘Federal Circuit Court’ in subsection 3(1).  Subsection 3(1) provides definitions of expressions used in the Act.  ‘Federal Circuit Court’ will be defined to mean the Federal Circuit Court of Australia.

 

 

Item 49 - Division 2 of Part IIB (heading)

77.               This item repeals the heading to Division 2 of Part IIB and inserts the new heading: ‘ Division 2 Proceedings in the Federal Court and the Federal Circuit Court ’.  This consequential amendment will insert a new heading to Division 2 of Part IIB to reflect the new name of the Court.

Item 50 - Section 49B (heading)

78.               This item repeals the heading to section 49B and inserts the new heading:

49B Jurisdiction of Federal Court and Federal Circuit Court
’.  This consequential amendment will insert a new heading to section 49B to reflect the new name of the Court.

Australian Security Intelligence Organisation Act 1979      

Item 51 - Section 34A (definition of Federal Magistrate )

12.               This item repeals the definition of ‘Federal Magistrate’ in section 34A.  Section 34A provides definitions of expressions used in Division 3 of the Act.  A definition of ‘Federal Magistrate’ in the Act is no longer necessary due to the new title of Federal Magistrate as ‘Judge’.  

Item 52 - Subsection 34AB(1)

79.               This item repeals subsection 34AB(1) and inserts a new subsection (1): ‘The Minister may, by writing, appoint as an issuing authority a person who is a Judge.’  Subsection 34AB(1) provides for the appointment by the Minister of issuing officers.  This consequential amendment will update subsection 34AB(1) to reflect the new title of Federal Magistrate as ‘Judge’.

Item 53 - Saving provisions

80.               This item provides for existing appointments and consents in force under section 34AB of the Australian Security Intelligence Organisation Act 1979 to continue in force and continue to have effect under the new title of Federal Magistrate as ‘Judge’, after commencement of this item.

81.               This item also provides that a thing done by, or in relation to, a Federal Magistrate as an issuing authority under Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 will continue in force, and things done by or in relation to a Federal Magistrate as an issuing authority to have effect under the new title of Federal Magistrate as ‘Judge’, after commencement of this item.

82.               This item reflects this Bill’s intention to preserve the continuity of existing arrangements for functions exercised by a Federal Magistrates under their new title of ‘Judge’.  The Bill does not alter the nature or conditions of exercise of these functions conferred under legislation.  This item has been included to ensure certainty of existing arrangements.  This item does not limit the operation of section 7 or subsection 25B(1) of the Acts Interpretation Act 1901 (see item 3 of Schedule 4 to this Bill).

 

 

Bankruptcy Act 1966

Item 54 - Subsection 5(1)

83.               This item inserts a definition of ‘Federal Circuit Court’ in subsection 5(1).  Subsection 5(1) provides definitions of expressions used in the Act.  ‘Federal Circuit Court’ will be defined to mean the Federal Circuit Court of Australia.

Item 55 - Subsection 5(1) (note at the end of the definition of magistrate )

84.               This item repeals the note to the definition of ‘magistrate’ in subsection 5(1).  Subsection 5(1) provides definitions of expressions used in the Act.  The note to the definition of ‘magistrate’ clarifies that a Federal Magistrate is not included in the definition.  This consequential amendment will remove the note as it is no longer necessary due to the new title of Federal Magistrate as ‘Judge’.

Item 56 - Subsection 5(5)

85.               This item will repeal subsection 5(5).  Subsection 5(5) provides that a Federal Magistrate is taken to be ‘a Judge of a Court having jurisdiction under the Act’.  This consequential amendment will repeal subsection 5(5) as it is no longer necessary due to the new title of Federal Magistrate as ‘Judge’.

Item 57 - Saving provisions

86.               This item provides that a consent or declaration in force under subsections 129A(1) and (2) of the Bankruptcy Act 1966 in respect of a Federal Magistrate will continue to have effect under the new title of Federal Magistrate as ‘Judge’, after commencement of this item. 

87.               This item also provides that a thing done by, or in relation to, a Federal Magistrate, as an eligible judge, under section 130 of the Bankruptcy Act 1966 will continue to have effect under the new title of Federal Magistrate as ‘Judge’, after commencement of this item.

88.               This item reflects this Bill’s intention to preserve the continuity of existing arrangements for functions exercised by a Federal Magistrate under the new title of ‘Judge’.  The Bill does not alter the nature or conditions of exercise of these functions conferred under legislation.  This item has been included to ensure certainty of existing arrangements.  This item does not limit the operation of section 7 or subsection 25B(1) of the Acts Interpretation Act 1901 (see item 3 of Schedule 4 to this Bill).  

Broadcasting Services Act 1992        

Item 58 - Subsection 6(1)

89.               This item inserts a definition of ‘Federal Circuit Court’ in subsection 6(1).  Subsection 6(1) provides definitions of expressions used in the Act.  ‘Federal Circuit Court’ will be defined to mean the Federal Circuit Court of Australia. 

 

 

Item 59 - Paragraph 121FS(1)(b)

90.               This item updates the reference to ‘Federal Magistrates Court’ to be the ‘Federal Circuit Court’ in paragraph 121FS(1)(b).  Subsection 121FS(1) provides that in certain circumstances a person may request reasons for a decision made by the Minister for Foreign Affairs under the Act.  This consequential amendment will update paragraph 121FS(1)(b) to reflect the new name of the Court.

Building Energy Efficiency Disclosure Act 2010     

Item 60 - Section 3 (paragraph (b) of the definition of Court )

91.               This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court of Australia’ in paragraph (b) of the definition of ‘Court’ in section 3.   ‘Court’ is defined to mean the Federal Court of Australia or the Federal Magistrates Court.  This consequential amendment will update the definition of in paragraph (b) to reflect the new name of the Court.

Child Support (Assessment) Act 1989          

Item 61 - Subsection 5(1)

92.               This item inserts a definition of ‘related Federal Circuit Court Rules’ in subsection 5(1).  Subsection 5(1) provides for definitions of expressions used in the Act.  ‘Related Federal Circuit Court Rules’ will be defined to have the same meaning as in the Family Law Act 1975.  This consequential amendment operates with item 62 to reflect the new name of the Court.

93.               Part 2 of Schedule 2 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012 will preserve the continuity of existing Rules of Court. 

Item 62 - Subsection 5(1) (definition of related Federal Magistrates Rules)

94.               This item repeals the definition of ‘related Federal Magistrates Rules’ in subsection 5(1).  The definition of ‘related Federal Magistrates Rules’ is no longer necessary as it will be replaced by the definition of ‘related Federal Circuit Court Rules’ to reflect the new name of the Court (see item 61).

95.               Part 2 of Schedule 2 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012 will preserve the continuity of existing Rules of Court. 

Item 63 - Subsection 100(1)

96.               This item updates references to ‘related Federal Magistrates Rules’ to be ‘related Federal Circuit Court Rules’ in subsection 100(1).  Subsection 100(1) provides that the Family Law Act 1975 , the standard Rules of Court and the related Federal Magistrates Rules apply to proceedings under the Child Support (Assessment) Act 1989 , subject to modifications prescribed by the applicable Rules of Court.  This consequential amendment will update subsection 100(1) to reflect the new name of the Court.  ‘Related Federal Circuit Court Rules’ will be defined in the Act (see item 61).

Item 64 - Section 102 (heading)

97.               This item repeals the heading to section 102 and inserts: ‘Appeals to Full Court of Family Court from courts other than the Federal Circuit Court and the Magistrates Court of Western Australia’.  This consequential amendment will insert a new heading to section 102 to reflect the new name of the Court.

Item 65 - Section 102A (heading)

98.               This item repeals the heading to section 102A and inserts: ‘Appeals to Family Court from the Federal Circuit Court and the Magistrates Court of Western Australia’.  This consequential amendment will insert a new heading to section 102A to reflect the new name of the Court.

Item 66 - Paragraph 102A(1)(b)

99.               This item updates the reference to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court of Australia’ in paragraph 102A(1)(b).  Paragraph 102A(1)(b) provides that an appeal lies to the Family Court from a decree or decision of a Federal Magistrate rejecting an application that he or she disqualify himself or herself from further hearing a matter.  This consequential amendment reflects the new title of Federal Magistrate as ‘Judge’ and the new name of the Court.

Item 67 - Paragraphs 103(3)(a) and (c)

100.           This item updates the references to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court of Australia’ in paragraphs 103(3)(a) and (c).   Subsection 103(3) provides for rules in certain proceedings before the Federal Magistrates Court where a question of law arises which the Federal Magistrate and at least one of the parties wish to have determined by a Full Court of the Family Court.  This consequential amendment reflects the new title of Federal Magistrate as ‘Judge and the new name of the Court, and does not alter the operation of section 103.

Item 68 - Subsection 103(4)

101.           This item updates the reference to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court of Australia’ in subsection 103(4).   Subsection 103(4) enables the Full Court, in hearing and determining the question under subsection 103(3), to draw from the facts and documents any inference which could have been drawn from them by the Federal Magistrate. This consequential amendment reflects the new title of Federal Magistrate as ‘Judge’ and the new name of the Court.

Child Support (Registration and Collection) Act 1988

Item 69 - Subsection 4(1)

102.           This item inserts a new definition of ‘related Federal Circuit Court Rules’ in subsection 4(1).  Subsection 4(1) provides definitions for expressions in the Act.  This amendment will define ‘related Federal Circuit Court Rules’ to have the same meaning as in the Family Law Act 1975 .  This consequential amendment operates with item 70 to reflect the new name of the Court.

103.           Part 2 of Schedule 2 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012 will preserve the continuity of existing Rules of Court. 

Item 70 - Subsection 4(1) (definition of related Federal Magistrates Rules)

104.           This item repeals the definition of ‘related Federal Magistrates Rules’ in subsection 4(1).  The definition of ‘related Federal Magistrates Rules’ in the Act is no longer necessary as it will be replaced by the definition of ‘related Federal Circuit Court Rules’ (see item 69). 

Item 71 - Subsection 105(1)

105.           This item updates reference to ‘related Federal Magistrates Rules’ to be ‘related Federal Circuit Court Rules’ in subsection 105(1).   Subsection 105(1) provides that the Family Law Act 1975 , the standard Rules of Court and the related Federal Magistrates Rules apply to proceedings under the Child Support (Registration and Collection) Act 1988 , subject to this Act and modifications prescribed by the applicable Rules of Court.  This consequential amendment will update subsection 105(1) to reflect the new name of the Court.  ‘Related Federal Circuit Court Rules’ will be defined in the Act (see item 69).

Item 72 - Section 107 (heading)

106.           This item repeals the heading to section 107 and inserts the new heading: ‘Appeals to Family Court from courts other than the Federal Circuit Court and the Magistrates Court of Western Australia’.  This consequential amendment will insert a new heading to section 107 to reflect the new name of the Court.

Item 73 - Section 107A (heading)

107.           This item repeals the heading to section 107A and inserts the new heading: ‘Appeals to Family Court from the Federal Circuit Court and the Magistrates Court of Western Australia’.  This consequential amendment will insert a new heading to section 107A to reflect the new name of the Court.

Item 74 - Paragraph 107A(1)(b)

108.           This item updates reference to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court of Australia’ in paragraph 107A(1)(b).   Paragraph 107A(1)(b) provides that an appeal lies to the Family Court from a decree or decision of a Federal Magistrate rejecting an application that he or she disqualify himself or herself from further hearing a matter.  This consequential amendment reflects the new title of Federal Magistrate as ‘Judge’.

Item 75 - Paragraphs 108(3)(a) and (c)

109.           This item updates reference to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court of Australia’ in paragraphs 108(3)(a) and (c).   Subsection 108(3) provides for rules in certain proceedings before the Federal Magistrates Court where a question of law arises which the Federal Magistrate and at least one of the parties wish to have determined by a Full Court of the Family Court.  This consequential amendment reflects the new title of Federal Magistrate as ‘Judge’ and the new name of the Court and does not alter the operation of section 108.

Item 76 - Subsection 108(4)

110.           This item updates the reference to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court of Australia’ in subsection 108(4).  Subsection 108(4) enables the Full Court, in hearing and determining the question under subsection 103(3), to draw from the facts and documents any inference which could have been drawn from them by the Federal Magistrate.  This consequential amendment reflects the new title of Federal Magistrate as ‘Judge’ and the new name of the Court.

Item 77 - Paragraph 110E(b)

111.           This item updates the reference to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court of Australia’ in paragraph 110E(b).  Paragraph 110E(b) provides that the constitution of courts hearing and determining appeals in accordance with Subdivision B in Division 3 may be a single judge (including a Federal Magistrate) or a single magistrate.  This consequential amendment reflects the new title of Federal Magistrate as ‘Judge’ and the new name of the Court.

Item 78 - Paragraph 110J(b)

112.           This item updates reference to ‘Federal Magistrate’ as ‘Judge of the Federal Circuit Court of Australia’ in paragraph 110J(b).  Paragraph 110J(b) provides that the constitution of courts hearing and determining appeals in accordance with Subdivision C in Division 3 may be a single judge (including a Federal Magistrate) or a single magistrate.  This consequential amendment reflects the new title of Federal Magistrate as ‘Judge’ and the new name of the Court.

Civil Dispute Resolution Act 2011    

Item 79 - Section 5 (paragraph (b) of the definition of eligible court )

113.           This item updates reference to the ‘Federal Magistrates Court’ to be ‘Federal Circuit Court of Australia’ in the definition of ‘eligible court’ in section 5.  Section 5 provides definitions for the purposes of the Act.  This consequential amendment will update the definition of ‘eligible court’ to reflect the new name of the Court.  The Court will continue to be an eligible court to which the Civil Dispute Resolution Act 2011 applies.  

Item 80 - Subsections 12(1) and (2)

114.           This item removes the reference to ‘Federal Magistrate’ in subsections 12(1) and (2).  Subsections 12(1) and (2) contain discretionary considerations an eligible court, Judge or Federal Magistrate may consider when a decision is being made to award costs in a civil proceeding.  The references to Federal Magistrate are no longer necessary because a Judge of the Federal Circuit Court of Australia will be a ‘Judge’ for the purposes of subsections 12(1) and (2).

Item 81- Section 18

115.           This item replaces the reference to the ‘ Federal Magistrates Act 1999 ’ in section 18 with ‘ Federal Circuit Court of Australia Act 1999 ’.  Section 18 provides for the matters which can be addressed by Rules of Court made under the Federal Court of Australia Act 1976 or the Federal Magistrates Act 1999 .  This consequential amendment updates section 18 to reflect the new short title of the Act (see Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012).  

Coal Mining Industry (Long Service Leave) Administration Act 1992

Item 82 - Subsection 4(1)

116.           This item inserts a new definition of ‘Federal Circuit Court’ in subsection 4(1).  Subsection 4(1) provides definitions of expressions used in the Act.  ‘Federal Circuit Court’ will be defined to mean the Federal Circuit Court of Australia.

Item 83 - Section 52C (heading)

117.           This item repeals the heading to section 52C and inserts the new heading: ‘Conferral of jurisdiction on the Federal Court and the Federal Circuit Court’.  This consequential amendment will insert a new heading to section 52C to reflect the new name of the Court.

Item 84 - Paragraphs 52C(3)(b) and (c)

118.           This item updates the reference to ‘ Federal Magistrates Act 1999’ to be ‘ Federal Circuit Court of Australia Act 1999 ’ in paragraphs 52C(3)(b) and (c).  Subsection 52C(3) provides that jurisdiction conferred on the Federal Magistrates Court under subsection 52C(1) is to be exercised in the Fair Work Division of the Court in circumstances set out in paragraphs (a) to (e).  This consequential amendment will update paragraphs 52C(3)(b) and (c) to reflect the new short title of the Act (see Schedule 1 of the Federal Circuit Court of Australia Legislation Amendment Bill 2012).  

Coastal Trading (Revitalising Australian Shipping) Act 2012

Item 85 - Subsection 6(1)

119.           This item inserts a definition of ‘Federal Circuit Court’ in subsection 6(1).  Subsection 6(1) provides definitions of expressions used in the Act.  ‘ Federal Circuit Court’ will be defined to mean the Federal Circuit Court of Australia.

Item 86 - Subsection 86(1)

120.           This item updates the reference to the ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in s ubsection 86(1).  Subsection 86(1) provides for the issuing of civil penalty orders under the Act.  This consequential amendment will update subsection 86(1) to reflect the new name of the Court.  



 

Competition and Consumer Act 2010

Item 87 - Subsection 4(1)

121.           This item inserts a definition of ‘Federal Circuit Court’ in subsection 4(1).  Subsection 4(1) provides definitions of expressions used in the Act.  ‘ Federal Circuit Court’ will be defined to mean the Federal Circuit Court of Australia.  

Item 88 - Section 86AA (heading)

122.           This item repeals the heading to section 86AA and inserts the new heading: ‘ 86AA Limit on jurisdiction of Federal Circuit Court ’.  This consequential amendment will insert a new heading to section 86AA to reflect the new name of the Court.

Item 89 - Section 86AA (note)

123.           This item updates the reference to the ‘ Federal Magistrates Act 1999 ’ to be ‘ Federal Circuit Court of Australia Act 1999 ’ in the note to section 86AA.  This consequential amendment updates the note to section 86AA to reflect the new short title of the Act (see Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012).    

Item 90 - Section 138A (heading)

124.           This item repeals the heading to section 138A and inserts the new heading:

‘138A Conferring jurisdiction on the Federal Circuit Court’.  This consequential amendment will insert a new heading to section 138A to reflect the new name of the Court.    

Item 91 - Subsection 151AQA(4)

125.           This item updates the first occurring reference to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court’ in subsection 151AQA(4).  Subsection 151AQA(4) provides for the staying of proceedings relating to competition notices.  This consequential amendment will update subsection 151AQA(4) to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court. 

Item 92 - Subsection 151AQA(4)

126.           This item updates the last occurring reference to ‘Federal Magistrate’ to be ‘Judge’ in subsection 151AQA(4).  Subsection 151AQA(4) provides for the staying of proceedings relating to competition notices.  This consequential amendment will update subsection 151AQA(4) to reflect the new title of Federal Magistrate as ‘Judge’.

Copyright Act 1968

Item 93 - Section 131D (heading)

127.           This item repeals the heading to section 131D and inserts the new heading:

‘131D Jurisdiction of Federal Circuit Court of Australia’.  This consequential amendment will insert a new heading to section 131D to reflect the new name of the Court.    

 

Item 94 - Section 135AS (heading)

128.           This item repeals the heading to section 135AS and inserts the new heading:

‘135AS Jurisdiction of Federal Circuit Court of Australia’.  This consequential amendment will insert a new heading to section 135AS to reflect the new name of the Court.    

Item 95 - Section 248MA (heading)

129.           This item repeals the heading to section 248MA and inserts the new heading:

‘248MA Jurisdiction of Federal Circuit Court’.  This consequential amendment will insert a new heading to section 248MA to reflect the new name of the Court.   

Crimes Act 1914

Item 96 - Section 3ZQL

130.           This item repeals the heading to section 3ZQL and inserts the new heading: ‘3ZQL Definition’.  This amendment is consequential to the amendment at item 97 which repeals the other definition in section 3ZQL.  This amendment updates the heading to section 3ZQL to reflect that there will be one definition.    

Item 97 - Section 3ZQL (definition of Federal Magistrate )

131.           This item repeals the definition of ‘Federal Magistrate’ in section 3ZQL.  Section 3ZQL provides definitions of expressions used in Division 4B of the Act.  Federal Magistrate is defined to have the meaning given by the Federal Magistrates Act 1999 .  The definition of ‘Federal Magistrate’ is no longer necessary because of the new title of Federal Magistrates as ‘Judge’.

Item 98 - Subsection 3ZQO(1)

132.           This item updates the reference to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court of Australia’ in s ubsection 3ZQO(1).  Subsection 3ZQO(1) provides for a Federal Magistrate to issue a notice that a person has access to documents that would assist an investigation of a serious offence by the Australian Federal Police.  This consequential amendment will update subsection 3ZQO(1) to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court.   

Item 99 - Subsections 3ZQO(2) and (3)

133.           This item updates references to ‘Magistrate’ to be ‘Judge’ wherever they occur in s ubsections 3ZQO(2) and (3).  Subsections 3ZQO(2) and (3) provide processes for a Federal Magistrate to issue a notice that a person has access to documents that would assist an investigation of a serious offence by the Australian Federal Police.  This consequential amendment will update subsections 3ZQO(2) and (3) to reflect the new title of Federal Magistrates as ‘Judge’.  

Item 100 - Section 3ZQQ (heading)

134.           This item repeals the heading to section 3ZQQ and inserts a new heading:

3ZQQ Powers conferred on Federal Circuit Court Judges in their personal capacity ’.  This consequential amendment will insert a new heading to section 3ZQQ to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court.       

Item 101 - Subsection 3ZQQ(1)   

135.           This item updates the reference to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court of Australia’ in section 3ZQQ(1).  Section 3ZQQ(1)  provides that a power conferred on a Federal Magistrate under section 3ZQO is conferred on the Federal Magistrate in a personal capacity.  This consequential amendment will update section 3ZQQ(1) to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court.  The amendment will not affect the nature or conditions of exercise of the functions conferred on Federal Magistrates under section 3ZQQ.

136.           Item 108 provides for existing appointments and consents under subsection 3ZQQ(1) to continue in force, and things done by or in relation to a Federal Magistrate as an issuing authority to have effect under the new title of Federal Magistrates as ‘Judge’, after commencement of the amendments to section 3ZQQ. 

Item 102 - Subsection 3ZQQ(1)

137.           This item updates reference to ‘the Magistrate’ to be ‘the Judge’ in subsection 3ZQQ(1).  Subsection 3ZQQ(1) provides that a power conferred on a Federal Magistrate under section 3ZQO is conferred on the Federal Magistrate in a personal capacity.  This consequential amendment will update subsection 3ZQQ(1) to reflect the new title of Federal Magistrates as ‘Judge’.  This amendment will not affect the nature or conditions of exercise of the functions conferred on Federal Magistrates under section 3ZQQ.

138.           Item 108 provides  for existing appointments and consents under subsection 3ZQQ(1) to continue in force, and things done by or in relation to a Federal Magistrate as an issuing authority to have effect under the new title of Federal Magistrates as ‘Judge’, after commencement of the amendments. 

Item 103 - Subsection 3ZQQ(2)

139.           This item updates the reference to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court of Australia’ in subsection 3ZQQ(2).  Subsection 3ZQQ(2)  provides that a Federal Magistrate need not accept a power conferred on them under section 3ZQO.  This consequential amendment will update subsection 3ZQQ(2) to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court.  This amendment will not affect the nature or conditions of exercise of the functions conferred on Federal Magistrates under section 3ZQQ.

Item 104 - Subsection 3ZQQ(3)

140.           This item updates the reference to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court of Australia’ in subsection 3ZQQ(3).  Subsection 3ZQQ(3)  provides protection and immunity for a Federal Magistrate exercising a power conferred by section 3ZQO.  This consequential amendment will update subsection 3ZQQ(3) to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court.  This amendment will not affect the nature or conditions of exercise of the functions conferred on Federal Magistrates under section 3ZQQ.

Item 105 - Subsection 3ZQQ(3)

141.           This item updates the reference to ‘the Magistrate’ to be ‘the Judge’ in subsection 3ZQQ(3).  Subsection 3ZQQ(3)  provides protection and immunity for a Federal Magistrate exercising a power conferred by section 3ZQO.  This consequential amendment will update subsection 3ZQQ(3) to reflect the new title of Federal Magistrates as ‘Judge’.  This amendment will not affect the nature or conditions of exercise of the functions conferred on Federal Magistrates under section 3ZQQ.

Item 106 - Paragraph 4AAA(1)(ab)

142.           This item updates the reference to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court of Australia’ in p aragraph 4AAA(1)(ab).  Paragraph 4AAA(1)(ab) provides for rules applying where a Commonwealth law relating to criminal matters confers a function or power that is neither judicial nor incidental to a judicial function or power, on specified classes of officers, such as Federal Magistrates.  This consequential amendment will update paragraph 4AAA(1)(ab) to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court.  This amendment will not affect the nature or conditions of exercise of the functions conferred on Federal Magistrates under section 4AAA.

Item 107 - Subsections 4AAA(2) and (3A)

143.           This item updates the references to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court of Australia’ in subsections 4AAA(2) and (3A).  Subsections 4AAA(2) and (3A) provide that Commonwealth laws conferring non-judicial functions and powers on certain officers, such as Federal Magistrates, do so in a personal capacity and subject to the same protection and immunity a High Court Justice has in relation to proceedings in the High Court.  This consequential amendment will update subsections 4AAA(2) and (3A) to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court.  This amendment will not affect the nature or conditions of exercise of the functions conferred on Federal Magistrates under section 4AAA.

Item 108 - Saving provision

144.           This item provides things done by or in relation to a Federal Magistrate under section 3ZQO to have effect under the new title of Federal Magistrates as ‘Judge’, after commencement of this item. 

145.           This item reflects this Bill’s intention to preserve the continuity of existing arrangements for functions exercised by a Federal Magistrate under the new title of ‘Judge’.  The Bill does not alter the nature or conditions of exercise of these functions conferred under legislation.  This item has been included to ensure certainty of existing arrangements.  This item does not limit the operation of section 7 or subsection 25B(1) of the Acts Interpretation Act 1901 (see item 3 of Schedule 4 to this Bill).

 

Crimes (Superannuation Benefits) Act 1989           

Item 109 - Paragraph 7(2)(b)

146.           This item removes the reference to ‘ (other than the Federal Magistrates Court)’ in paragraph 7(2)(b).  Paragraph 7(2)(b) provides that a justice or judge of a federal court (other than the Federal Magistrates Court) is an ‘employee’ for the purpose of the Act.  This consequential amendment will update paragraph 7(2)(b) to reflect the new title of Federal Magistrates as ‘Judge’.       

Item 110 - Paragraph 7(2)(ba)

147.           This item repeals paragraph 7(2)(ba).  Paragraph 7(2)(ba) provides that a Federal Magistrate  is an ‘employee’ for the purpose of the Act.  Reference to ‘Federal Magistrate’ in the definition of ‘employee’ is no longer necessary to reflect the new title of Federal Magistrates as ‘Judge’.  Following the amendment at item 109, Federal Magistrates will be a ‘Judge of a federal court’ in paragraph 7(2)(b).

Criminal Code Act 1995       

Item 111 - Dictionary in the Criminal Code (paragraph (b) of the definition of Commonwealth judicial officer )

148.           This item omits the reference to ‘(other than the Federal Magistrates Court)’ in the definition of ‘Commonwealth judicial officer’ in the Dictionary.  ‘Commonwealth judicial officer’ is defined to include judicial officers of the Federal Magistrates Court.  This consequential amendment will update the definition of ‘Commonwealth judicial officer’ to reflect the new title of Federal Magistrate as ‘Judge’. 

Item 112 - Dictionary in the Criminal Code (paragraph (c) of the definition of Commonwealth judicial officer )

 This item repeals paragraph (c) in the definition of ‘Commonwealth judicial officer’ in the Dictionary.  Paragraph (c) provides that Federal Magistrates are Commonwealth judicial officers for the purposes of the Act.  This consequential amendment operates together with item 111 to update the definition of ‘Commonwealth judicial officer’ to reflect the new title of Federal Magistrate as ‘Judge’. 

Do Not Call Register Act 2006          

Item 113 - Section 4

149.           This item inserts a definition of ‘Federal Circuit Court’ in section 4.  Section 4 provides a definition of expressions used in the Act.  ‘Federal Circuit Court’ will be defined to mean the Federal Circuit Court of Australia. 

Item 114 - Section 38 (heading)

150.           This item repeals the heading to section 38 and inserts the new heading: ‘ 38 Other powers of the Federal Court or the Federal Circuit Court unaffected ’.  This consequential amendment will insert a new heading to section 38 to reflect the new name of the Court.

Item 115 - Paragraph 7(c) of Schedule 3

151.           This item updates the reference to ‘Federal Magistrates Court’s’ to be ‘Federal Circuit Court’s’ in paragraph 7(c) of Schedule 3.  Paragraph 7(c) of Schedule 3 provides that Schedule 3 does not limit the discretion of the Federal Court or the Federal Magistrates Court determining the amount of a penalty to be imposed under Part 4 of the Act.  This consequential amendment will update paragraph 7(c) of Schedule 3 to reflect the new name of the Court.

Education Services for Overseas Students Act 2000

Item 116 - Subsection 110B(1)

152.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in subsection 110B(1) of the Act.  Subsection 110B(1) allows the Secretary to apply to the Federal Court or the Federal Magistrates Court for an order that an undertaking made by a person be enforced in certain specified circumstances.  This consequential amendment updates the reference in subsection 110B(1) to reflect the new name of the Court. 

Extradition Act 1988

Item 117 - Section 5

153.           This item inserts a definition of ‘eligible Federal Circuit Court Judge’ in section 5.  Section 5 provides definitions of expressions used in the Act.  An eligible Federal Circuit Court Judge will mean a Judge of the Federal Circuit Court of Australia in relation to whom a consent under subsection 45A(1) and a nomination under subsection 45A(2) are in force.  The expression ‘eligible Federal Circuit Court Judge’ will be used throughout provisions in the Act under which Federal Magistrates can perform functions.  This item operates with items 118 and 119, which remove Federal Magistrates from the definition of ‘magistrate’, to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court. 

154.           The new expression ‘eligible Federal Circuit Court Judge’ will not alter the nature of functions which are conferred under the legislation on Federal Magistrates under their new title.  Express savings provisions are included in item 233 to preserve existing consents, nominations and things done by Federal Magistrates under the new title of ‘Judge’.

Item 118 - Section 5 (definition of Federal Magistrate )

155.           This item repeals the definition of ‘Federal Magistrate’ in section 5.  Section 5 provides for definitions of expressions used in the Act.  This definition will be replaced by use of the term ‘eligible Federal Circuit Court Judge’ throughout provisions in the Act under which Federal Magistrates can perform functions (see item 117).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court. 

Item 119 - Section 5 (paragraph (aa) of the definition of magistrate )

156.           This item repeals paragraph (aa) of the definition of ‘magistrate’ in section 5 to remove references to Federal Magistrates.  Section 5 provides definitions of expressions used in the Act.  ‘Magistrate’ is defined under section 5 to include a Federal Magistrate.  This will be replaced by use of the term ‘eligible Federal Circuit Court Judge’ throughout provisions in the Act under which Federal Magistrates can perform functions (see item 117).  This approach reflects the new title of Federal Magistrates as ‘Judge’ and the new name of the Court. 

157.           ‘Magistrate’ will continue to mean a magistrate of a Territory other than the Northern Territory or Norfolk Island or a magistrate of a State, the Northern Territory or Norfolk Island, being a magistrate in respect of whom an arrangement is in force under section 46.

158.           The new expression ‘eligible Federal Circuit Court Judge’ will not alter the nature of ‘persona designata’ functions which are conferred under the Act.  Express savings provisions are included in item 233 to preserve existing consents, nominations and things done by Federal Magistrates under the new title of ‘Judge’.

Item 120 - Subsection 11(6)

159.           This item inserts ‘eligible Federal Circuit Court Judge’ after ‘a magistrate’ in subsection 11(6).  Section 11 provides for the modification of the Act in relation to certain countries , including clarifying the effect on the powers of magistrates in determining eligibility for surrender.  Subsection 11(6) provides that certain provisions in regulations applying to the Act to extradition countries are not to modify the Act by expanding the operation of subsection 19(2).  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under subsection 11(6).

Item 121 - Paragraph 12(1)(a)

160.           This item inserts ‘eligible Federal Circuit Court Judge’ after ‘a magistrate’ in paragraph 12(1)(a).  Subsection 12(1) provides for magistrates to issue extradition arrest warrants in specified circumstances.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under subsection 12(1).

Item 122 - Paragraph 12(1)(b)

161.           This item inserts ‘Judge’ after ‘magistrate’ in paragraph 12(1)(b).  Subsection 12(1) provides for magistrates to issue extradition arrest warrants in specified circumstances.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under subsection 12(1).

Item 123 - Subsection 12(1)

162.           This item inserts ‘or Judge’ after ‘magistrate’ in subsection 12(1).  Subsection 12(1) provides for magistrates to issue extradition arrest warrants in specified circumstances.  ‘Eligible Federal Circuit Court Judge’ is referred to earlier in the section, and will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under subsection 12(1).

Item 124 - Subsection 12(2)

163.           This item inserts references to ‘or Judge’ after ‘the magistrate’ wherever it occurs in subsection 12(2).  Subsection 12(2) requires a magistrate to send to the Attorney-General a report about issue of the extradition arrest warrant.  These are consequential amendments to reflect the new title of Federal Magistrate as ‘Judge’, and do not alter the functions which are conferred under subsection 12(2).

Item 125 - Subsection 12(3)

164.           This item inserts ‘eligible Federal Circuit Court Judge’ after ‘a magistrate’ in subsection 12(3).  Subsection 12(3) provides for the Attorney-General to direct a magistrate to cancel an extradition arrest warrant in certain circumstances.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under subsection 12(3).

Item 126 - Subsection 14(1)

165.           This item inserts ‘eligible Federal Circuit Court Judge’ after ‘a magistrate’ in subsection 14(1).  Subsection 14(1) provides that following receipt of necessary affidavit evidence, a magistrate may issue a warrant authorising specified police officers to enter premises, search and seize a place or thing.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under subsection 14(1).

Item 127 - Subsection 14(1)

166.           This item inserts ‘or Judge’ after ‘the magistrate’ in subsection 14(1).  Subsection 14(1) provides for circumstances where a magistrate may issue a warrant authorising specified police officers to enter premises, search and seize a place or thing.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under subsection 14(1).

Item 128 - Subsection 14(2)

167.           This item inserts ‘or Judge’ after ‘magistrate’ wherever it occurs in subsection 14(2).  Subsection 14(2) provides that a magistrate is not to issue a warrant under subsection 14(1) unless necessary affidavit material has been provided and the magistrate is satisfied that there are reasonable grounds for issuing the warrant.  These are consequential amendments to reflect the new title of Federal Magistrate as ‘Judge’, and do not alter the functions which are conferred under subsection 14(2).

Item 129 - Section 15 

168.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ wherever it occurs in section 15.  Section 15 provides for the remanding in custody or on bail of a person arrested under an extradition arrest warrant.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  These are consequential amendments to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and do not alter the functions which are conferred under section 15.

Item 130 - Paragraph 15A(2)(b)

169.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in paragraph 15A(2)(b).  Paragraph 15A(2)(b) provides for the giving of notice and other processes relating to the waiver of extradition.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 15.

Item 131 - Subsection 15A(3) (heading)  

170.           This item repeals the heading to subsection 15A(3) and inserts the new heading: ‘ Person may inform a magistrate or Judge that he or she wishes to waive extradition ’.  This consequential amendment will insert a new heading to subsection 15A(3) to reflect the new title of Federal Magistrate as ‘Judge’.

Item 132 - Subsection 15A(3)

171.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in subsection 15A(3).  Subsection 15A(3) sets out the circumstances in which a person may inform a magistrate that the person wishes to waive extradition.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 15.

Item 133 - Subsection 15A(4) (heading)   

172.           This item repeals the heading to subsection 15A(4) and inserts the new heading: ‘ Magistrate or Judge must make order etc. if satisfied of matters ’.  This consequential amendment will update subsection 15A(4) to reflect the new title of Federal Magistrate as ‘Judge’.

Item 134 - Subsection 15A(4)

173.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in subsection 15A.  Subsection 15A(4) provides for when a magistrate must make orders if satisfied of matters relating to the waiver of extradition.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 15.

Item 135 - Subsection 15A(4)  

174.           This item inserts ‘or Judge’ after ‘the magistrate’ in subsection 15A(4).  Subsection 15A(4) provides processes relating to the waiver of extradition.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 15.

Item 136 - Subsection 15A(5)     

175.           This item inserts ‘or Judge’ after the first occurring reference to ‘the magistrate’ in subsection 15A(5).  Subsection 15A(5) provides the list of matters that a magistrate must be satisfied of before the magistrate makes an order under subsection 15A(4).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 15.

Item 137 - Paragraph 15A(5)(a)

176.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in paragraph 15A(5)(a).  Paragraph 15A(5)(a) provides that a magistrate must be satisfied that a person voluntarily informed that magistrate that they wish to waive extradition before making an order under subsection 15A(4).  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which conferred under section 15.    

Item 138 - At the end of paragraph 15A(5)(d)

177.           This item inserts ‘or Judge’ at the end of paragraph 15A(5)(d).  Paragraph 15A(5)(d) provides that a magistrate must be satisfied that a person is legally represented or was given the opportunity to be legally represented before making an order under subsection 15A(4).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 15.

Item 139 - Subsection 15A(6) (heading)

178.           This item repeals the heading to subsection 15A(6) and inserts the new heading: ‘ Rules that apply until magistrate or Judge decides not to make an order ’.  This consequential amendment will insert a new heading to subsection 15A(6) to reflect the new title of Federal Magistrate as ‘Judge’. 

Item 140 - Subsection 15A(6)

179.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ wherever it occurs in subsection 15A(6).  Where a person has informed a magistrate that the person wishes to waive extradition, subsection 15A(6) provides rules that apply until a magistrate decides not to make considering making an order under paragraph 15A(4)(a).  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  These are consequential amendments to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and do not alter the functions which are conferred under section 15.

Item 141 - Subsection 15A(7) (heading)

180.           This item repeals the heading to subsection 15A(7) and inserts the new heading: ‘ Magistrate or Judge must advise Attorney-General if not satisfied of matters ’.  This consequential amendment will insert a new heading to subsection 15A(6) to reflect the new title of Federal Magistrate as ‘Judge’. 

Item 142 - Subsection 15A(7)

181.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ wherever it occurs in subsection 15A(7).  Subsection 15A(7) provides that a magistrate must advise the Attorney-General in writing in the event that they are not satisfied of the matters in paragraphs 15A(5)(a), (c) and (d) in relation to the person, and has decided not to make an order under paragraph 15A(4)(a).  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  These are consequential amendments to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and do not alter the functions which are conferred under section 15A.           

Item 143 - Subsection 15A(7)

182.           This item inserts ‘or Judge’ after ‘the magistrate’ wherever it occurs in subsection 15A(7).  These are consequential amendments to reflect the new title of Federal Magistrate as ‘Judge’, and do not alter the functions which are conferred under section 15A.

Item 144 - Subsections 15B(1) and (4)

183.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in subsections 15B(1) and (4).  Subsections 15B(1) and (4) provide that where a magistrate has informed the Attorney-General that a person wishes to waive extradition and the Attorney-General determines that the person is not to be surrendered, the Attorney-General must, by notice in writing in the statutory form, direct a magistrate to order the release of the person from custody.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court.

Item 145 - Subsection 16(1)

184.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘magistrate’ in subsection 16(1).  Subsection 16(1) provides that the Attorney-General may provide notice to any magistrate that an extradition request from an extradition country in relation to a person has been received.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court.

Item 146 - Paragraph 16A(2)(b)

185.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in paragraph 16A(2)(b).  Subsection 16(2) specifies the time at which an amended notice can no longer be given.  In particular, paragraph 16A(2)(b) provides that the Attorney-General may provide an amended notice to a magistrate at any time, further to an ‘original notice’ under subsection 16(1), before a magistrate has determined in accordance with section 19 that the person is eligible for surrender in relation to the extradition offence or extradition offences specified in the original notice.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 16.

Item 147 - At the end of subsection 16A(3)     

186.           This item inserts ‘or eligible Federal Circuit Court Judge’ at the end of subsection 16A(3).  Subsection 16A(3) provides than an amended notice given under paragraph 16A(2)(b) must be in writing in the statutory form and expressed to be directed to any magistrate.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court.

Item 148 - Subsection 17(1)

187.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in subsection 17(1).  Subsection 17(1) provides processes for the release from custody or the discharge of bail obligations for a person remanded under section 15.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 17.     

Item 149 - At the end of subsection 17(2)      

188.           This item inserts ‘or eligible Federal Circuit Court Judge’ at the end of subsection 17(2).  Subsection 17(2) provides processes for the release from custody or the discharge of bail obligations remand imposed under section 15.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 17.        

Item 150 - Subsection 17(2A)

189.           This item inserts ‘or Judge’ after ‘magistrate’ wherever it occurs in subsection 17(2A).  Subsection 17(2A) provides processes for the release from custody or the discharge of bail obligations for a person remanded under section 15.  These are consequential amendments to reflect the new title of Federal Magistrate as ‘Judge’, and do not alter the functions which are conferred under section 17.        

Item 151 - Subsections 17(3), (4) and (5) 

190.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in subsections 17(3), (4) and (5).  Subsections 17(3), (4) and (5) provide for the release from remand for a person who has been on remand for 45 days after they were arrested.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under the Act.              

Item 152 - Paragraph 17(5)(c)

191.           This item inserts ‘or Judge’ after ‘the magistrate’ wherever it occurs in paragraph 17(5)(c).  Paragraph 17(5)(c) provides processes for the release from custody or the discharge of bail obligations for a person remanded under section 15.  These are consequential amendments to reflect the new title of Federal Magistrate as ‘Judge’, and do not alter the functions which are conferred under section 17.                     

Item 153 - Paragraph 17(5)(d)

192.           This item inserts ‘or Judge’s’ after ‘the magistrate’ wherever it occurs in paragraph 17(5)(c).  Paragraph 17(5)(c) provides processes for the release from custody or the discharge of bail obligations for a person remanded under section 15.  These are consequential amendments to reflect the new title of Federal Magistrate as ‘Judge’, and do not alter the functions which are conferred under section 17.                     

Item 154 - Paragraph 17(5)(d)

193.           This item inserts ‘or Judge’ after ‘the magistrate’ wherever it occurs in paragraph 17(5)(d).  Paragraph 17(5)(d) provides processes for the release from custody or the discharge of bail obligations for a person remanded under section 15.  These are consequential amendments to reflect the new title of Federal Magistrate as ‘Judge’, and do not alter the functions which are conferred under section 17.

Item 155 - Subsection 18(1)

194.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in subsection 18(1).  Subsection 18(1) provides for a person remanded in custody under section 15 to consent to being surrendered to the extradition country.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 18.

Item 156 - Subsections 18(1A) and (2)

195.           This item inserts ‘or Judge’ after ‘magistrate’ wherever it occurs in subsections 18(1A) and (2).  Subsections 18(1A) and (2) provide for the adjournment of proceedings before a magistrate for a person to consider consenting to being surrendered to the extradition country.  These are consequential amendments to reflect the new title of Federal Magistrate as ‘Judge’, and do not alter the functions which are conferred under section 18.

Item 157 - Subsection 18(3)

196.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘magistrate’ in subsection 18(3).  Subsection 18(3) provides that a magistrate must not release a person on bail under section 18 unless there are special circumstances justifying such release.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 18.

Item 158 - Subsection 18(4)

197.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘magistrate’ in subsection 18(4).  Subsection 18(4) provides that if a magistrate makes an order under paragraph 18(2)(b),  the magistrate must advise the Attorney-General of the offence or the offences to which the person has consented.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 18.

Item 159 - Subsection 18(4)

198.           This item inserts ‘or Judge’ after ‘the magistrate’ in subsection 18(4).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 18.

Item 160 - Paragraph 19(1)(c)    

199.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in paragraph 19(1)(c).  Paragraph 19(1)(c) provides, along with paragraphs 19(1)(a), (b), and (d), circumstances in which a magistrate is to conduct proceedings to determine whether a person is eligible for surrender to the extradition country for the an extradition offence or offences.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 19.          

Item 161 - Subsections 19(1), (2), (4), (4A), (5) and (9)

200.           This item inserts ‘or Judge’ after ‘the magistrate’ wherever it occurs in subsections 19(1), (2), (4), (4A), (5) and (9).  Subsections 19(1), (2), (4), (4A), (5) and (9) provide processes and conditions relating to the determination of the eligibility of a person for surrender to an extradition country.  These are consequential amendments to reflect the new title of Federal Magistrate as ‘Judge’, and do not alter the functions which are conferred under section 19.          

Item 162 - Subsection 19(9A)

201.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘magistrate’ in subsection 19(9A).  Subsection 19(9A) provides that a magistrate must not release a person on bail under paragraph 19(9)(a) unless there are special circumstances justifying such release.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 19.        

Item 163 - Subsection 19(10)

202.           This item inserts ‘or Judge’ after ‘the magistrate’ in subsection 19(10).  Subsection 19(10) provides that where a magistrate finds that a person is not eligible for surrender to the extradition country seeking surrender, the magistrate is to order the release of the person and advise the Attorney-General of the order and reasons for decision.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 19.                               

Item 164 - Paragraph 19(10)(b)

203.           This item inserts ‘or Judge’s’ after ‘magistrate’s’ in paragraph 19(10)(b).  Subsection 19(10) provides that where a magistrate finds that a person is not eligible for surrender to the extradition country seeking surrender, the magistrate is to order the release of the person and advise the Attorney-General of the order and reasons for decision.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 19.          

Item 165 - Subparagraph 19A(1)(b)(ii) 

204.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in subparagraph 19A(1)(b)(ii).  Subparagraph 19A(1)(b)(ii), along with subparagraph 19A(1)(b)(i) and subsections 19A(1)(a) and 19A(1)(c), provides the conditions for the operation of section 19A.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 19A.          

Item 166 - Subsections 19A(2) and (3)

205.           This item inserts ‘or Judge’ after ‘the magistrate’ wherever it occurs in subsections 19A(2) and (3).  Subsections 19A(2) and (3) require a magistrate to provide a person with the opportunity to consent to being surrendered for additional extradition offences.  These are consequential amendments to reflect the new title of Federal Magistrate as ‘Judge’, and do not alter the functions which are conferred under section 19A.          

Item 167 - Subsection 19A(4) (heading)

206.           This item repeals the heading to subsection 19A(4) and inserts the new heading: ‘ Magistrate or Judge to advise Attorney-General of consent ’.  This consequential amendment will insert a new heading to subsection 19A(4) to reflect the new title of Federal Magistrate as ‘Judge’.

Item 168 - Subsection 19A(4)

207.           This item inserts ‘or Judge’ after ‘the magistrate’ in subsection 19A(4).  Subsection 19A(4) provides that if a person voluntarily consents to being surrendered to an extradition country for additional extradition offences, the magistrate must advise the Attorney-General in writing of the additional extradition offences to which the person has consented.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 19A.

Item 169 - Subparagraph 20(1)(a)(ii)

208.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in subparagraph 20(1)(a)(ii).  Section 20 allows a person to provide consent to extradited for offences that are not extradition offences (as their penalty may not reach the threshold required to be an extraditable offence) but were contained in the extradition request.  This allows a person the opportunity to have all outstanding offences dealt with upon return to the requesting country.  Subparagraph 20(1)(a)(ii) provides that section 20 applies where a magistrate determines in proceedings under subsection 19(1) that a person is eligible for surrender to an extradition country in relation to an extradition offence or offences, and paragraph 20(1)(b) is also satisfied.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 20.

Item 170 - Subsections 20(1) and (2)

209.           This item inserts ‘or Judge’ after ‘the magistrate’ in subsections 20(1) and (2).  Subsections 20(1) and (2) provide for consent or eligibility to being surrendered to an extradition country for offences that are not extradition offences and the requirement that a magistrate advise the Attorney-General in writing of the offence or offences in respect of which the person has so consented.  These are consequential amendments to reflect the new title of Federal Magistrate as ‘Judge’, and do not alter the functions which are conferred under section 20.                            

Item 171 - Section 21 (heading)

210.           This item repeals the heading to section 21 and inserts the new heading: ‘ 21 Review of magistrate’s or Judge’s order ’.  This consequential amendment will insert a new heading to section 21 to reflect the new title of Federal Magistrate as ‘Judge’.

Item 172 - Subsection 21(1)

211.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in subsection 21(1).  Subsection 21(1) provides for an application to the Federal Court for review of an order made by a magistrate under subsection 19(9) or 19(10).  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 21.

Item 173 - Subsection 21(1)

212.           This item inserts ‘or Judge’ after ‘the magistrate’ in subsection 21(1).  Subsection 21(1) provides for an application to the Federal Court for review of an order made by a magistrate under subsection 19(9) or 19(10).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 21.

Item 174 - Paragraph 21(2)(a)

213.           This item inserts ‘or Judge’ after ‘the magistrate’ in paragraph 21(2)(a).  Paragraph 21(2)(a) provides that the Federal Court, when reviewing an order made by a magistrate under subsection 19(9) or 19(10), may confirm the order of the magistrate.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 21.

Item 175 - Paragraph 21(6)(d)

214.           This item inserts ‘or Judge’ after ‘the magistrate’ in paragraph 21(6)(d).  Paragraph 21(6)(d) provides that, in the context of certain appeals, the court to which the application or appeal is made shall have regard only to the material that was before the magistrate.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 21.

Item 176 - Subsection 22(1) (paragraph (a) of the definition of eligible person )  

215.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in the definition of ‘eligible person’ in subsection 22(1).  Subsection 22(1) provides definitions of expressions used in section 22.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court.

Item 177 - Subsection 22(1) (subparagraph (b)(i) of the definition of qualifying extradition offence )

216.           This item omits ‘referred to in that paragraph’ and inserts ‘or Judge who made the order under subsection 19(9)’ in the definition of ‘qualifying extradition offence’ in subsection 22(1).  Subsection 22(1) provides definitions of expressions used in section 22.  The reference to subsection 19(9) clarifies that provision as the provision to which the definition of eligible person applies for the purposes of the definition of qualifying extradition offence in subparagraph 22(1)(b)(i).  The reference to ‘Judge’ is a consequential amendment which operates with item 176 to reflect the new title of Federal Magistrate as ‘Judge’.

Item 178 - Paragraphs 22(5)(a) and (b)

217.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in paragraphs 22(5)(a) and (b).  Paragraphs 22(5)(a) and (b) provide notice requirements for the Attorney-General in situations where an ‘eligible person’ is not to be surrendered to the extradition country in relation to any qualifying extradition offence.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  These are consequential amendments to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and do not alter the functions which are conferred under section 22.

Item 179 - Paragraph 26(1)(ca)

218.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in paragraph 26(1)(ca).  Subsection 26(1) provides requirements for a surrender warrant or temporary surrender warrant in relation to a person.  Paragraph 26(1)(ca) provides that if the person has been released on bail, the warrant shall allow a police officer to take the person into custody and bring the person before a magistrate or bring the person before a court for the purposes of the discharge of the recognisances on which bail was granted.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 26.

Item 180 - Paragraph 28(a)

219.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in paragraph 28(a).  Section 28 provides for the indorsement of warrants made on behalf of New Zealand by a magistrate.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 28.

Item 181 - Section 28

220.           This item inserts ‘or Judge’ after ‘the magistrate’ wherever it occurs in section 28.  Section 28 provides for the indorsement of warrants made on behalf of New Zealand to a magistrate.  These are consequential amendments to reflect the new title of Federal Magistrate as ‘Judge’, and do not alter the functions which are conferred under section 28.

Item 182 - Paragraph 29(a)

221.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in paragraph 29(a).  Section 29 provides for a magistrate to issue a provisional arrest warrant in certain circumstances.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 29.  

Item 183 - Section 29

222.           This item inserts ‘or Judge’ after ‘the magistrate’ wherever it occurs in section 29.  Section 29 provides for a magistrate to issue a provisional arrest warrant in certain circumstances.  These are consequential amendments to reflect the new title of Federal Magistrate as ‘Judge’, and do not alter the functions which are conferred under section 29.  

Item 184 - Subsection 31(1)

223.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in subsection 31(1).  Subsection 31(1) provides circumstances in which a magistrate may issue a search and seizure warrant in relation to a request for extradition from Australia to New Zealand.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 31.

Item 185 - Subsection 31(1)

224.           This item inserts ‘or Judge’ after ‘the magistrate’ in subsection 31(1).  Subsection 31(1) provides circumstances in which a magistrate may issue a search and seizure warrant in relation to a request for extradition from Australia to New Zealand.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 31.

Item 186 - Subsection 31(2)

225.           This item inserts ‘or Judge’ after ‘magistrate’ wherever it occurs in subsection 31(2).  Subsection 31(2) provides circumstances in which a magistrate should not issue a search and seizure warrant in relation to an extradition from Australia to New Zealand.  These are consequential amendments to reflect the new title of Federal Magistrate as ‘Judge’, and do not alter the functions which are conferred under section 31.

Item 187 - Section 32

226.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘magistrate’ wherever it occurs in section 32.  Section 32 provides for a person who is arrested under an indorsed New Zealand warrant or under a provisional arrest warrant to be remanded in custody or on bail.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 32.

Item 188 - Paragraph 33(c)

227.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘magistrate’ in paragraph 33(c).  Section 33 provides circumstances for the release from remand of a person in relation to a request for extradition from Australia to New Zealand.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 33.

Item 189 - Section 33

228.           This item inserts ‘or Judge’ after ‘the magistrate’ in section 33.  Section 33 provides circumstances for the release from remand of a person in relation to a request for extradition from Australia to New Zealand.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 33.

Item 190 - Subsections 33A(1) and (2)

229.           This item inserts ‘or Judge’ after ‘the magistrate’ in subsections 33A(1) and (2).  Subsections 33A(1) and (2) provide for a person to inform a magistrate of their consent to being surrendered to New Zealand in relation to an offence for which an indorsed warrant has been obtained.  These are consequential amendments to reflect the new title of Federal Magistrate as ‘Judge’, and do not alter the functions which are conferred under section 33A.

Item 191 - Paragraph 34(1)(b)

230.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in paragraph 34(1)(b).  Section 34 provides for the issuing of surrender warrants by a magistrate in certain circumstances.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 34.

Item 192 - Subsections 34(1) and (2)

231.           This item inserts ‘or Judge’ after ‘the magistrate’ wherever it occurs in subsections 34(1) and (2).  Section 34 provides for the issuing of surrender warrants by a magistrate in certain circumstances.  These are consequential amendments to reflect the new title of Federal Magistrate as ‘Judge’, and do not alter the functions which are conferred under section 34.

Item 193 - Subsections 34(3) and (4)

232.           This item inserts ‘or Judge’ after ‘magistrate’ in subsections 34(3) and (4).  Section 34 provides for the issuing of surrender warrants by a magistrate in certain circumstances.  These are consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and do not alter the functions which are conferred under section 34.

Item 194 - Section 35 (heading)

233.           This item repeals the heading to section 25 and inserts the new heading:  ’35 Review of magistrate’s or Judge’s order’.  This consequential amendment will insert a new heading to section 35 to reflect the new title of Federal Magistrate as ‘Judge’. 

Item 195 - Subsection 35(1)

234.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in subsection 35(1).  Subsection 35(1) provides for the review of an order made by a magistrate under section 34.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 35.   

Item 196 - Subsection 35(1)

235.           This item inserts ‘or Judge’ after ‘the magistrate’ in subsection 35(1).  Subsection 35(1) provides for the review of an order made by a magistrate under section 34.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 35.

Item 197 - Paragraphs 35(2)(a) and (b) 

236.           This item inserts ‘or Judge’ after ‘the magistrate’ in paragraphs 35(2)(a) and (b).  Paragraphs 35(2)(a) and (b) provide orders the Federal Court may make on an application for review of an order made by a magistrate under section 34.  These are consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and do not alter the functions which are conferred under section 35.

Item 198 - Paragraph 35(2)(b)     

237.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in paragraph 35(2)(b).  Paragraph 35(2)(b) provides orders the Federal Court may make on an application for review of an order made by a magistrate under section 34.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 35.

Item 199 - Paragraph 35(6)(d)               

238.           This item inserts ‘or Judge’ after ‘the magistrate’ in paragraph 35(6)(d).  Paragraph 35(6)(d) provides that, in the context of certain appeals, the court to which the application or appeal is made shall have regard only to the material that was before the magistrate.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 35.

Item 200 - Subsection 38(3)

239.           This item inserts ‘or Judge’ after ‘the magistrate’ in subsection 38(3).  Subsection 38(3) provides that a surrender warrant issued under paragraph 34(1)(c) shall not be executed while any proceedings under section 35 in relation to the order of the magistrate set out in the warrant, are being conducted or are available.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 38.

Item 201 - Subsection 43(1)

240.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘any magistrate’ in subsection 43(1).  Subsection 43(1) provides that the Attorney-General may provide notice to any magistrate to authorise the taking of evidence for use in any proceedings for the surrender of a person the Attorney-General suspects is an extraditable person.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 43.

Item 202 - Subsection 43(2)

241.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘any magistrate’ in subsection 43(2).  Subsection 43(2) provides processes for a magistrate for the taking of evidence authorised by the Attorney-General under subsection 43(1).  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 43.

Item 203 - Subsection 43(2)

242.           This item inserts ‘or Judge’ after ‘the magistrate’ wherever it occurs in subsection 43(2).  Subsection 43(2) provides processes for a magistrate for the taking of evidence authorised by the Attorney-General under subsection 43(1).  These are consequential amendments to reflect the new title of Federal Magistrate as ‘Judge’, and do not alter the functions which are conferred under section 43.

Item 204 - Subsection 43(3)

243.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in subsection 43(3).  Subsection 43(3) provides that a legal or other representative of a person, in proceedings before a magistrate under section 43, is not entitled to appear.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 43.

Item 205 - Paragraph 45(1)(a)

244.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in paragraph 45(1)(a).  Section 45 provides a process for prosecuting a person in lieu of their extradition.   Subsection 45(1) sets out the elements of the offence.   The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 45.            

Item 206 - Section 45A (heading)

245.           This item repeals the heading to section 45A and inserts the new heading:

45A Federal Circuit Court Judges—consent to nomination ’.  This consequential amendment will insert a new heading to section 45A to reflect the new title of the Federal Magistrate as ‘Judge’ and the new name of the Court.

Item 207 - Subsections 45A(1) and (2)

246.           This item omits ‘Federal Magistrate’ and inserts ‘Judge of the Federal Circuit Court of Australia’ in subsections 45A(1) and (2).  Section 45A provides that a Federal Magistrate may consent to be nominated by the Attorney-General as a magistrate for the purposes of the Act and that the Attorney-General may nominate a Federal Magistrate who has consented to being nominated.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 45A.

Item 208 - Subsection 45A(2)

247.           This item omits ‘a magistrate’ and inserts ‘an eligible Federal Circuit Court Judge’ in subsection 45A(2).  Subsection 45A(2) provides that the Attorney-General may nominate a Federal Magistrate who has consented to being nominated by the Attorney-General as a magistrate for the purposes of the Act.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 45A.

Item 209 - Section 45B (heading)

248.           This item repeals the heading to section 45B and inserts the new heading:

45B Magistrates and Federal Circuit Court Judges—personal capacity ’.  This consequential amendment will insert a new heading to section 45B to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court. 

Item 210 - Subsection 45B(1)

249.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in subsection 45B(1).  Subsection 45B(1) provides that a function or power conferred on a magistrate by the Act is conferred in a personal capacity and not as a court or a member of a court.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 45B.

Item 211 - Subsection 45B(1)

250.           This item inserts ‘or Judge’ after ‘the magistrate’ in subsection 45B(1).  Subsection 45B(1) provides that a function or power conferred on a magistrate by the Act is conferred in a personal capacity and not as a court or a member of a court.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 45B.     

Item 212 - Subsection 45B(2)

251.           This item omits ‘(other than a Federal Magistrate)’ in subsection 45B(2).  Subsection 45B(2) provides a magistrate, other than a Federal Magistrate, need not accept a function or power conferred on them under the Act.  Reference to Federal Magistrate is no longer necessary due to the new title new title of Federal Magistrate as ‘Judge’.  This consequential amendment will update subsection 45B(2) and does not alter the functions which are conferred under section 45B.     

Item 213 - Subsection 45B(3)

252.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘A magistrate’ in subsection 45B(3).  Subsection 45B(3) provides that a magistrate has the same protection and immunity as a member of the court of which the magistrate is a member in the exercise of a function or power conferred on the magistrate by the Act.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 45B.     

Item 214 - Subsection 45B(3)

253.           This item inserts ‘or Judge’ after ‘the magistrate’ wherever it occurs in subsection 45B(3).  Subsection 45B(3) provides that a magistrate exercising a function or power conferred on the magistrate by this Act, has the same protections and immunities provided to them as if they were acting as the court or a member of the court of which the magistrate is a member.  These are consequential amendments to reflect the new title of Federal Magistrate as ‘Judge’, and do not alter the functions which are conferred under section 45B.     

Item 215 - Section 46A (heading)

254.           This item repeals the heading to section 46A and inserts the new heading: ‘ 46A Giving notices to magistrates or Judges etc. ’.  This consequential amendment will insert a new heading to section 46A to reflect the new title of Federal Magistrate as ‘Judge’.

Item 216 - Paragraphs 46A(1)(a) and (b)

255.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in paragraphs 46A(1)(a) and (b).  Paragraphs 46A(1)(a) and (b) provide the conditions for the application of section 46A.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 46A.     

Item 217 - Subsection 46A(2) (heading)

256.           This item repeals the heading to subsection 46A(2) and inserts the new heading: ‘ Giving the notice to a magistrate or Judge ’.  This consequential amendment will insert a new heading to section 46A(2) to reflect the new title of Federal Magistrate as ‘Judge’.

Item 218 - Subsection 46A(2)

257.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ wherever it occurs in subsection 46A(2).  Subsection 46A(2) provides that a notice given under one of the provisions listed in subsection 46A(1), may be handed to a magistrate or sent to a magistrate by post, fax, email or other electronic means.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  These are consequential amendments to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and do not alter the functions which are conferred under section 46A.     

Item 219 - Paragraph 46A(3)(a)

258.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in paragraph 46A(3)(a).  Paragraph 46A(3)(a) provides timing for when notice given under one of the provisions listen in subsection 46A(1) is taken to be given to a magistrate.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 46A.               

Item 220 - Paragraph 46A(3)(a)

259.            This item inserts ‘or Judge’ after ‘the magistrate’ in paragraph 46A(3)(a).  Paragraph 46A(3)(a) provides that notice given under one of the provisions listed in subsection 46A(1) is taken to be given to a magistrate at the time when any notice is handed to a magistrate.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 46A.                

Item 221 - Paragraph 46A(3)(b)

260.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in paragraph 46A(3)(b).  Paragraph 46A(3)(b) provides that notice given under one of the provisions listed in subsection 46A(1) posted to a magistrate is taken to be given to a magistrate at the time the notice would be delivered in the ordinary course of post.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 46A.

Item 222 - Paragraph 46A(3)(c)

261.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in paragraph 46A(3)(c).  Paragraph 46A(3)(c) provides that notice given under one of the provisions listed in subsection 46A(1) that is faxed, emailed or otherwise electronically provided to a magistrate is taken to be given to a magistrate at the time the notice is sent.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 46A.

Item 223 - At the end of paragraph 46A(3)(c)

262.           This item inserts ‘or Judge’ at the end of paragraph 46A(3)(c).  Paragraph 46A(3)(c) provides that notice given under one of the provisions listed in subsection 46A(1) that is faxed, emailed or otherwise electronically provided to a magistrate is taken to be given to a magistrate at the time the notice is sent.  This consequential amendment operates with item 222 to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 46A.

Item 224 - Subparagraph 48(1)(b)(iii)

263.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘any magistrate’ in subparagraph 48(1)(b)(iii).  Subsection 48(1) provides processes for transport in custody of a person (‘the transferee’) who is being surrendered to a receiving country by another country through Australia.  Subparagraph 48(1)(b)(iii) provides that where an aircraft or ship transporting the transferee makes a landing in Australia, any magistrate to whom application is made by or on behalf of the receiving country shall issue a warrant ordering the transferee to be held in custody to facilitate the transporting of the transferee.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 48.

Item 225 - Subparagraph 48(1)(b)(iii)

264.           This item inserts ‘or Judge’ after ‘the magistrate’ in subparagraph 48(1)(b)(iii).  Subparagraph 48(1)(b)(iii) provides that where an aircraft or ship transporting the transferee makes a landing in Australia, any magistrate to whom application is made by or on behalf of the receiving country shall issue a warrant ordering the transferee to be held in custody to facilitate the transporting of the transferee.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 48.

Item 226 - Subparagraph 48(1)(b)(iv)

265.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a magistrate’ in subparagraph 48(1)(b)(iv).  Subparagraph 48(1)(b)(iv) provides that the Attorney-General may, on application by the receiving country, authorise a magistrate to issue a warrant ordering a person specified in the warrant to hold the transferee in custody for a further specified period in order to facilitate the transporting of the transferee.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 48.

Item 227 - At the end of subsection 49(2)

266.           This item inserts ‘or eligible Federal Circuit Court Judge’ at the end of subsection 49(2).  Subsection 49(2) provides that a police officer who arrests a person they reasonably believe has escaped from custody authorised by the Act, must take the person before a magistrate as soon as practicable.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 49.

Item 228 - Subsection 49(3)

267.           This item inserts ‘or Judge’ after ‘the magistrate’ wherever it occurs in subsection 49(3).  Subsection 49(3) provides that if a magistrate is satisfied that the person has escaped from custody authorised by the Act, the magistrate may issue a warrant authorising any police officer to return the person to custody.  These are consequential amendments to reflect the new title of Federal Magistrate as ‘Judge’, and do not alter the functions which are conferred under section 49.

Item 229 - Section 49B (heading)

268.           This item repeals the heading to section 49B and inserts the new heading:

49B Orders for bail to be on terms and conditions court, magistrate or Judge thinks fit ’.  This consequential amendment inserts a new heading to section 49B to reflect the new title of Federal Magistrate as ‘Judge’.

Item 230 - Section 49B

269.           This item omits reference to ‘or a magistrate’ and inserts ‘magistrate or eligible Federal Circuit Court Judge’ in section 49B.  Section 49B provides that a decision of a court or magistrate under the Act to remand or release a person on bail may be made on such terms and conditions as the court or magistrate thinks fit.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 49B.

Item 231 - Section 49B

270.           This item omits reference to ‘or magistrate’ and inserts ‘magistrate or Judge’ in section 49B.  Section 49B provides that a decision of a court or magistrate under the Act to remand or release a person on bail may be made on such terms and conditions as the court or magistrate thinks fit.  This consequential amendment operates with item 230 to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 49B.

Item 232 - Paragraph 55(c)

271.           This item inserts ‘or eligible Federal Circuit Court Judges’ after ‘magistrates’ wherever it occurs in paragraph 55(c).  Paragraph 55(c) provides for the Governor-General to make regulations under the Act prescribing matters relating to the performance by magistrates of functions under the Act.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 117 of Schedule 1 to this Bill).  These are consequential amendments to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and do not alter the functions which are conferred under section 55.

Item 233 - Saving provisions

272.           This item provides for existing consents and nominations under subsections 45A(1) and 45A(2) of the Extradition Act 1988 to continue in force, and things done by or in relation to a Federal Magistrate as an issuing authority to have effect under the new title of Federal Magistrates as 'Judge', after commencement of this item. 

273.           This item also provides that a thing done by, or in relation to, a Federal Magistrate under the Extradition Act 1988 will continue in force, and things done by or in relation to a Federal Magistrate as an issuing authority to have effect under the new title of Federal Magistrates as 'Judge', after commencement of this item.

274.           This item reflects this Bill's intention to preserve the continuity of existing arrangements for functions exercised by a Federal Magistrate under the new title of 'Judge'.  The Bill does not alter the nature or conditions of exercise of these functions conferred under legislation.  This item has been included to ensure certainty of existing arrangements.  This item does not limit the operation of section 7 or subsection 25B(1) of the Acts Interpretation Act 1901 (see item 3 of Schedule 4 to this Bill).

Fair Work Act 2009  

Item 234 - Section 12

275.           This item inserts a definition of ‘Federal Circuit Court’ in section 12.  Section 12 provides for definitions of expressions used in the Act.  This amendment will define ‘ Federal Circuit Court’ to mean the Federal Circuit Court of Australia.

Item 235 - Subsection 545(1) (heading)

276.           This item repeals the heading to section 545(1) and inserts a new heading: ‘ Federal Court and Federal Circuit Court’.   This consequential amendment will insert a new heading to section 545(1) to reflect the new name of the Court.

Item 236 - Division 3 of Part 4-2 (heading)

277.           This item repeals the heading to Division 3 of Part 4-2 and inserts a new heading: ‘Division 3—Jurisdiction and powers of the Federal Circuit Court’.  This consequential amendment will insert a new heading to Division 3 of Part 4-2 to reflect the new name of the Court.

Item 237 - Section 566 (heading)

278.                This item repeals the heading to section 566 and inserts a new heading: ‘Conferring jurisdiction on the Federal Circuit Court’.  This consequential amendment will insert a new heading to section 566 to reflect the new name of the Court.

Item 238 - Section 567 (heading)

279.                This item repeals the heading to section 567 and inserts a new heading: ‘Exercising jurisdiction in the Fair Work Division of the Federal Circuit Court’.  This consequential amendment will insert a new heading to section 567 to reflect the new name of the Court.

Item 239 - Paragraphs 567(b) and (c)

280.           This item updates references to ‘ Federal Magistrates Act 1999 ’ to be ‘ Federal Circuit Court of Australia Act 1999 ’ in paragraphs 567(b) and (c).   Subsection 567 provide for jurisdiction conferred on the Federal Magistrates Court under subsection 566 to be exercised in the Fair Work Division of the Court in certain circumstances including where orders are sought under the Federal Magistrates Act 1999 in relation to matters arising under the Fair Work Act 2009 .  This consequential amendment will update paragraph 567(b) and (c) to reflect the new short title of the Act (see Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012).

Item 240 - Section 568 (heading)

281.                This item repeals the heading to section 568 and inserts a new heading: ‘No limitation on Federal Circuit Court’s powers’.  This consequential amendment will insert a new heading to section 568 to reflect the new name of the Court.

Item 241 - Section 568

282.                This item updates the reference to ‘Federal Magistrates Court’s’ to be ‘Federal Circuit Court’s’ in section 568.  Section 568 clarifies that the Fair Work Act 2009 does not limit the Federal Magistrates Court’s powers under section 14, 15 and 16 of the Federal Magistrates Act 1999 .  This consequential amendment will update section 568 to reflect the new name of the Court.

Item 242 - Section 568

283.                This item updates the reference to ‘ Federal Magistrates Act 1999 ’ to be ‘ Federal Circuit Court of Australia Act 1999 ’ in section 568.   Section 568 clarifies that the Fair Work Act 2009 does not limit the Federal Magistrates Court’s powers under section 14, 15 and 16 of the Federal Magistrates Act 1999 .  This consequential amendment will update section 568 to reflect the new title of the Act.

Item 243 - Paragraph 576(2)(ca)

284.                This item updates the reference to ‘ Federal Magistrates Act 1999 ’ to be ‘ Federal Circuit Court of Australia Act 1999 ’ in paragraph 576(2)(ca).  Paragraph 576(2)(ca) provides for a function of Fair Work Australia to mediate any proceedings referred by the Federal Court or Federal Magistrates Court.  This consequential amendment will update paragraph 576(2)(ca) to reflect the new title of the Act.

Item 244 - After subsection 627(1)

285.                This item inserts a new subclause (1A) into section 627 to restrict sitting Judges of the Federal Circuit Court of Australia from being eligible for appointment as the President of Fair Work Australia.  Paragraph 627(1)(a) provides for a qualification for appointment as President of Fair Work Australia that the person is or has been a Judge of a court created by the Parliament.  

286.                New subclause (1A) will exclude current Judges of the Federal Circuit Court from appointment as the President of Fair Work Australia.   Under section 629A, the President of Fair Work Australia has the same status as a Judge of the Federal Court of Australia.  This amendment is designed to preserve current arrangements about eligibility for dual appointment of Federal Magistrates under their new title as ‘Judge’, to Fair Work Australia.

Item 245 - After subsection 627(2)

287.                This item inserts a new subclause (2A) into section 627 to restrict sitting Judges of the Federal Circuit Court of Australia from being eligible for appointment as a Deputy President of Fair Work Australia.  Paragraph 627(2)(a) provides for a qualification for appointment as Deputy President of Fair Work Australia that the person is or has been a Judge of a court created by the Parliament.  

288.                New subclause (2A) will exclude current Judges of the Federal Circuit Court from appointment as Deputy President of Fair Work Australia.  This amendment is designed to preserve current arrangements about eligibility for dual appointment of Federal Magistrates under their new title as ‘Judge’, to Fair Work Australia.

Item 246 - Section 653A (heading)

289.                This item repeals the heading to section 653A and inserts the new heading: ‘Arrangements with the Federal Court and the Federal Circuit Court’.  This consequential amendment will insert a new heading to section 653A to reflect the new name of the Court.

Fair Work (Building Industry) Act 2012      

Item 247 - Subsection 4(1)

290.           This item inserts a definition of ‘Federal Circuit Court’ in subsection 4(1).         Subsection 4(1) provides for definitions of expressions used in the Act.  This amendment will define ‘ Federal Circuit Court’ to mean the Federal Circuit Court of Australia.

Fair Work (Registered Organisations) Act 2009      

Item 248 - Section 6

291.           This item inserts a definition of ‘Federal Circuit Court’ in section 6.  Section 6 provides for definitions of expressions used in the Act.  This amendment will define ‘ Federal Circuit Court’ to mean the Federal Circuit Court of Australia.

Item 249 - Section 353A (heading)

292.                This item repeals the heading to section 353A and inserts the new heading: ‘Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit Court’.  This consequential amendment will insert a new heading to section 353A to reflect the new name of the Court.

Item 250 - Subsection 353A(1)

293.                This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in subsection 353A(1).   Subsection 353A(1) provides for application of the section to proceedings in the Fair Work Division of the Federal Court or the Federal Magistrates Court with certain exceptions.  This consequential amendment will update section 353A(1) to reflect the new name of the Court.

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Item 251 - Subitem 16(1) of Schedule 16 (table)

294.                This item updates references to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ wherever it occurs in the table of subitem 16(1) of Schedule 16.  Subitem 16(1) of Schedule 16 provides for application of the Fair Work Act 2009 to civil remedy provisions under this Act, including jurisdiction of the Federal Magistrates Court.  This consequential amendment will update subitem 16(1) of Schedule 16 to reflect the new name of the Court.

Item 252 - Item 17 of Schedule 16

295.                This item updates references to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in item 17 of Schedule 16.  Item 17 of Schedule 16 prevents the Federal Court and the Federal Magistrates Court making certain orders granting an injunction, interim injunction or to prevent, stop or remedy the effects of a contravention of certain provisions or instruments. This consequential amendment will update subitem 17 of Schedule 16 to reflect the new name of the Court.

Item 253 - Paragraphs 22(f), (g) and (h) of Schedule 17

296.                This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in paragraphs 22(f), (g) and (h) of Schedule 17.  Item 22 of Schedule 17 requires jurisdiction conferred on the Federal Court under item 21 to be exercised in the Fair Work Division of the Federal Court for certain proceedings, including appeals, transfers, reserved questions and cases stated from the Federal Magistrates Court.  This consequential amendment will update relevant paragraphs in item 22 of Schedule 17 to reflect the new name of the Court.

Item 254 - Item 25 of Schedule 17 (heading)

297.                This item repeals the heading to item 25 of Schedule 17 and inserts a new heading: ‘Conferring jurisdiction on the Federal Circuit Court’.  This consequential amendment will insert a new heading to Item 25 of Schedule 17 to reflect the new name of the Court.

Item 255 - Item 25 of Schedule 17

298.                This item updates reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in item 25 of schedule 17.  Item 25 of Schedule 17 confers jurisdiction on the Federal Magistrates Court in relation to any civil matter arising under this Act or the Workplace Relations Act 1996 .  This consequential amendment will update item 25 of Schedule 17 to reflect the new name of the Court and does not alter arrangements for the exercise of jurisdiction under Schedule 17.

Item 256 - Item 26 of Schedule 17 (heading)

299.                This item repeals the heading to item 26 of schedule 17 and inserts a new heading: ‘Exercising jurisdiction in the Fair Work Division of the Federal Circuit Court’.  This consequential amendment will insert a new heading to Item 26 of Schedule 17 to reflect the new name of the Court.

Item 257 - Item 26 of Schedule 17

300.                This item updates the first and second occurring references to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in item 26 of schedule 17.  Item 26 of Schedule 17 provides that jurisdiction conferred on the Federal Magistrates Court under item 25 is to be exercised in the Fair Work Division of the Federal Magistrates Court in specified circumstances.  This consequential amendment will update item 26 of Schedule 17 to reflect the new name of the Court and does not alter arrangements for the exercise of jurisdiction under Schedule 17.

Item 258 - Paragraph 26(a) of Schedule 17

301.                This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in paragraph 26(a) of schedule 17.  Paragraph 26(a) of Schedule 17 provides that jurisdiction conferred on the Federal Magistrates Court under item 25 is to be exercised in the Fair Work Division if an application is made to the Federal Magistrates Court under this Act or the Workplace Relations Act 1996 .  This consequential amendment will update paragraph 26(a) of Schedule 17 to reflect the new name of the Court and does not alter arrangements for the exercise of jurisdiction under Schedule 17.

Item 259 - Paragraphs 26(b) and (c) of Schedule 17

302.                This item updates references to the ‘ Federal Magistrates Act 1999 ’ to be ‘ Federal Circuit Court of Australia Act 1999 ’ in paragraphs 26(b) and (c) of Schedule 17.  Paragraphs 26(b) and (c) of Schedule 17 provides that jurisdiction conferred on the Federal Magistrates Court under item 25 is to be exercised in the Fair Work Division if an injunction or a declaration is sought under sections 15 or 16 of the Federal Magistrates Act 1999 .   This consequential amendment will update paragraphs 26(b) and (c) of Schedule 17 to reflect the new title of the Act and does not alter arrangements for the exercise of jurisdiction under Schedule 17.

Item 260 - Paragraphs 26(d) and (e) of Schedule 17

303.                This item updates references to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in paragraphs 26(d) and (e) of Schedule 17.  Paragraph 26(d) of Schedule 17 provides that jurisdiction conferred on the Federal Magistrates Court under item 25 is to be exercised in the Fair Work Division if:

·          proceedings arising under this Act or the Workplace Relations Act 1996 are transferred from the Federal Court (paragraph 26(d)), or

·          the High Court of Australia remits a matter arising under this Act or the Workplace Relations Act 1996 to the Federal Magistrates Court (paragraph 26(e)).

304.                This consequential amendment will update paragraphs 26(d) and (e) of Schedule 17 to reflect the new name of the Court, and does not alter arrangements for the exercise of jurisdiction under Schedule 17.

Item 261 - Item 27 of Schedule 17 (heading)

305.             This item repeals the heading to item 27 of Schedule 17 and inserts a new heading: ‘No limitation on Federal Circuit Court’s powers’.  This consequential amendment will insert a new heading to item 27 of Schedule 17 to reflect the new name of the Court.

Item 262 - Item 27 of Schedule 17

306.                This item updates the reference to ‘Federal Magistrates Court’s’ to be ‘Federal Circuit Court’s’ in item 27 of Schedule 17.  Item 27 of Schedule 17 clarifies that nothing in this Act limits the Federal Magistrate Court’s powers under sections 14, 15 or 16 of the Federal Magistrates Act 1999 .  This consequential amendment will update item 27 of Schedule 17 to reflect the new name of the Court, and does not alter arrangements for the exercise of jurisdiction under Schedule 17.

Item 263 - Item 27 of Schedule 17

307.                This item updates references to ‘ Federal Magistrates Act 1999’ to be ‘Federal Circuit Court of Australia Act 1999 ’ in item 27 of Schedule 17.  Item 27 of Schedule 17 clarifies that nothing in this Act limits the Federal Magistrate Court’s powers under sections 14, 15 or 16 of the Federal Magistrates Act 1999 .  This consequential amendment will update item 27 of Schedule 17 to reflect the new title of the Act and does not alter arrangements for the exercise of jurisdiction under Schedule 17.

Family Law Act 1975

Item 264 - Subsection 4(1)

308.           This item updates the first occurring reference to ‘related Federal Magistrates Rules’ to be ‘related Federal Circuit Court Rules’ in subsection 4(1).  Subsection 4(1) provides definitions of expressions used in the Act.  This consequential amendment will update the reference to the ‘Federal Magistrates Rules’ to reflect the new name of the Court. 

309.           Part 2 of Schedule 2 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012 will preserve the continuity of existing Rules of Court. 

Item 265 - Subsection 4(1) (paragraph (a) of the definition of applicable Rules of Court )

310.           This item updates the reference to ‘related Federal Magistrates Rules’ to be ‘related Federal Circuit Court Rules’ in the definition of ‘applicable Rules of Court’ in paragraph 4(1)(a).  This consequential amendment will update the reference to the ‘Federal Magistrates Rules’ to reflect the new name of the Court. 

311.           Part 2 of Schedule 2 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012 will preserve the continuity of existing Rules of Court. 

Item 266 - Subsection 4(1)

312.           This item inserts a new definition of ‘related Federal Circuit Court Rules’ in subsection 4(1).  ‘Related Federal Circuit Court Rules’ will be defined to mean the Rules of Court made under the Federal Circuit Court of Australia Act 1999 to the extent they relate to the Family Law Act 1975

313.           Part 2 of Schedule 2 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012 will preserve the continuity of existing Rules of Court. 

Item 267 - Subsection 4(1) (definition of related Federal Magistrates Rules )

314.           This item repeals the definition of ‘related Federal Magistrates Rules’ in subsection 4(1).  This consequential amendment operates together with item 266.  A definition of ‘related Federal Magistrates Rules’ is no longer necessary.

Item 268 - Subsection 4(1) (definition of warrant issued under a provision of this Act )

315.           This item updates the reference to ‘related Federal Magistrates Rules’ to be ‘related Federal Circuit Court Rules’ in the definition of ‘warrant issued under a provision of this Act’ in subsection 4(1).  This consequential amendment will update the reference to the ‘Federal Magistrates Rules’ to reflect the new name of the Court. 

316.           Part 2 of Schedule 2 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012 will preserve the continuity of existing Rules of Court. 

Item 269 - Subsections 4(1A), (2) and (2A)

317.           This item updates references to ‘related Federal Magistrates Rules’ to be ‘related Federal Circuit Court Rules’ in subsections 4(1A), (2) and (2A).  Subsections 4(1A), (2) and (2A) provide definitions to the Family Court, the Family Court of a State, a party to a marriage and a party to a de facto relationship, in the Act, the standard Rules of Court and the related Federal Magistrates Rules.  This consequential amendment will update the reference to the ‘Federal Magistrates Rules’ to reflect the new name of the Court. 

318.           Part 2 of Schedule 2 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012 will preserve the continuity of existing Rules of Court. 

Item 270 - Paragraphs 4(3)(b), (d) and (f)

319.           This item updates references to ‘related Federal Magistrates Rules’ to be ‘related Federal Circuit Court Rules’ in subsections 4(3)(b), (d) and (f).   Subsections 4(3)(b), (d) and (f) provide clarification of references to jurisdiction under the Act, including that jurisdiction under related Federal Magistrates Rules is taken to be jurisdiction under the Family Law Act 1975 .  These are consequential amendments to update subsections 4(3)(b), (d) and (f) to reflect the new name of the Court. 

320.           Part 2 of Schedule 2 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012 will preserve the continuity of existing Rules of Court. 

Item 271 - Paragraph 10C(1)(d)

321.           This item updates the reference to ‘ Federal Magistrates Act 1999 ’ to be ‘ Federal Circuit Court of Australia Act 1999 ’ in paragraph 10C(1)(d).  Paragraph 10C(1)(d) defines ‘family counsellor’ to include a person who is authorised to act under section 93D of the Federal Magistrates Act 1999 , or engaged as a family counsellor under subsection 115(1A) of that Act.  This consequential amendment will update paragraph 10C(1)(d) to reflect the new short title of the Act (see Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012).    

Item 272 - Paragraph 10G(1)(d)

322.           This item updates the reference to ‘ Federal Magistrates Act 1999 ’ to be ‘ Federal Circuit Court of Australia Act 1999 ’ in paragraph 10G(1)(d).  Paragraph 10G(1)(d) defines ‘family dispute resolution practitioner’ to include a person who is authorised to act under section 93D of the Federal Magistrates Act 1999 , or engaged as a family dispute resolution practitioner under subsection 115(1A) of that Act.  This consequential amendment will update paragraph 10G(1)(d) to reflect the new short title of the Act (see Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012).    

Item 273 - Paragraph 11B(b)

323.           This item updates the reference to ‘ Federal Magistrates Act 1999 ’ to be ‘ Federal Circuit Court of Australia Act 1999 ’ in paragraph 11B(b).  Paragraph 11B(b) defines ‘family consultant’ to include a person who is appointed as a family consultant in relation to the Federal Magistrates Court under the Federal Magistrates Act 1999 .  This consequential amendment will update paragraph 11B(b) to reflect the new short title of the Act (see Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012).     

Item 274 - Section 11B (note)

324.           This item updates reference to the ‘ Federal Magistrates Act 1999 ’ to be ‘ Federal Circuit Court of Australia Act 1999’ in the note to section 11B.  The note to section 11B refers to Division 1A of Part 7 of the Federal Magistrates Act 1999 .  This consequential amendment will update the note to section 11B to reflect the new title of the Act.

Item 275 - Section 13G (heading)

325.           This item repeals the heading to section 13G and inserts the new heading:

‘13G Family Court and Federal Circuit Court may determine questions of law referred by arbitrator’.  This consequential amendment will insert a new heading to section 13G to reflect the new name of the Court.

Item 276 - Section 13J (heading)

326.           This item repeals the heading to section 13J and inserts the new heading:

‘13J Family Court or Federal Circuit Court can review registered awards’.  This consequential amendment will insert a new heading to section 13J to reflect the new name of the Court.

Item 277 - Section 13K (heading)

327.           This item repeals the heading to section 13K and inserts the new heading:

‘13K Family Court or Federal Circuit Court may set aside registered awards’.  This consequential amendment will insert a new heading to section 13K to reflect the new name of the Court.

Item 278 - Section 33A (heading)

328.           This item repeals the heading to section 33A and inserts the new heading:

‘33A Proceedings not to be instituted in the Family Court if an associated matter is before the Federal Circuit Court’.  This consequential amendment will insert a new heading to section 33A to reflect the new name of the Court.

Item 279 - Section 33B (heading)

329.           This item repeals the heading to section 33B and inserts the new heading:

‘33B Discretionary transfer of proceedings to the Federal Circuit Court’.  This consequential amendment will insert a new heading to section 33B to reflect the new name of the Court.

Item 280 - Section 33C (heading)

330.           This item repeals the heading to section 33C and inserts the new heading:

‘33C Mandatory transfer of proceedings to the Federal Circuit Court’.  This consequential amendment will insert a new heading to section 33C to reflect the new name of the Court.

Item 281 - Paragraph 33C(8)(b)

331.           This item is a technical amendment to correct the reference to the short title of the Legislative Instruments Act 2003 in paragraph 33C(8)(b).

Item 282 - Subparagraph 39(6)(d)(iv)

332.           This item updates the reference to ‘ Federal Magistrates Act 1999 ’ to be ‘ Federal Circuit Court of Australia Act 1999 ’ in subparagraph 39(6)(d)(iv).  This consequential amendment provides that subject to Part V and section 111AA, the Federal Magistrates Court has jurisdiction with respect to certain matters arising under the Act, including proceedings instituted under Rules of Court made for the purposes of paragraph 87(1)(j) of the Federal Magistrates Act 1999 .  This consequential amendment will update subparagraph 39(6)(d)(iv) to reflect the new short title of the Act (see Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012).      

Item 283 - Section 40A (heading)

333.           This item repeals the heading to section 40A and inserts the new heading:

‘40A Exercise of jurisdiction of Federal Circuit Court in certain States and Territories’.  This consequential amendment will insert a new heading to section 40A to reflect the new name of the Court.

Item 284 - Subsection 45(2) (Note 2)

334.           This item updates reference to the ‘ Federal Magistrates Act 1999 ’ to be ‘ Federal Circuit Court of Australia Act 1999 ’ in Note 2 to subsection 45(2).  Note 2 to subsection 45(2) refers to section 39 of the Federal Magistrates Act 1999 .  This consequential amendment will update Note 2 to reflect the new short title of the Act (see Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012).      

 

Item 285 - Subsection 60F(5) (paragraph (b) of the definition of this Act)

335.           This item updates the reference to ‘related Federal Magistrates Rules’ to be ‘related Federal Circuit Court Rules’ in subsection 60F(5). Subsection 60F(5) defines the expression ‘this Act’ in section 60F to include related Federal Magistrates Rules.  This consequential amendment will update paragraph 60F(5)(b) to reflect the new name of the Court. 

336.           Part 2 of Schedule 2 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012 will preserve the continuity of existing Rules of Court. 

Item 286 - Subsection 60H(6) (paragraph (b) of the definition of this Act)

337.           This item updates the reference to ‘related Federal Magistrates Rules’ to be ‘related Federal Circuit Court Rules’ in subsection 60H(6).  Subsection 60H(6) defines the expression ‘this Act’ in section 60H to include related Federal Magistrates Rules.  This consequential amendment will update paragraph 60H(6) to reflect the new name of the Court. 

338.           Part 2 of Schedule 2 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012 will preserve the continuity of existing Rules of Court. 

Item 287 - Subsection 60HA(4) (paragraph (b) of the definition of this Act)

339.           This item updates the reference to ‘related Federal Magistrates Rules’ to be ‘related Federal Circuit Court Rules’ in subsection 60HA(4).  Subsection 60HA(4) defines ‘this Act’ in section 60HA to include related Federal Magistrates Rules.  This consequential amendment will update paragraph 60HA(4)(b) to reflect the new name of the Court. 

340.           Part 2 of Schedule 2 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012 will preserve the continuity of existing Rules of Court. 

Item 288 - Subsection 60HB(2) (paragraph (b) of the definition of this Act)

341.           This item updates the reference to ‘related Federal Magistrates Rules’ to be ‘related Federal Circuit Court Rules’ in subsection 60HB(2).  Subsection 60HB(2) defines ‘this Act’ in section 60HB to include related Federal Magistrates Rules.  This consequential amendment will update paragraph 60HB(2)(b) to reflect the new name of the Court. 

342.           Part 2 of Schedule 2 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012 will preserve the continuity of existing Rules of Court. 

Item 289 - Subsection 64B(9) (paragraph (b) of the definition of this Act)

343.           This item updates the reference to ‘related Federal Magistrates Rules’ to be ‘related Federal Circuit Court Rules’ in subsection 64B(9).  Subsection 64B(9) defines ‘this Act’ in section 64B to include related Federal Magistrates Rules.  This consequential amendment will update paragraph 64B(9)(b) to reflect the new name of the Court. 

344.           Part 2 of Schedule 2 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012 will preserve the continuity of existing Rules of Court. 

 

Item 290 - Subsection 65D(3) (note)

345.           This item updates the reference to the ‘ Federal Magistrates Act 1999 ’ to be ‘ Federal Circuit Court of Australia Act 1999 ’ in the note to subsection 65D(3).  The note to subsection 65D(3) refers to section 39 of the Federal Magistrates Act 1999 .   This consequential amendment will update the note to subsection 65D(3) to reflect the new short title of the Act  (see Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012).      

Item 291 - Section 69H (heading)

346.           This item repeals the heading to section 69H and inserts the new heading: ‘69H Jurisdiction of Family Court, State Family Courts, Northern Territory Supreme Court and Federal Circuit Court’.  This consequential amendment will insert a new heading to section 69H to reflect the new name of the Court.

Item 292 - Section 69ZO

347.           This item omits ‘Federal Magistrate’ in section 69ZO.  Section 69ZO provides that a judge, Judicial Registrar, Registrar, Federal Magistrate or magistrate who is hearing

child-related proceedings in Chambers has all the duties and powers that a court has under Division 12A of the Act.  Reference to ‘Federal Magistrate’ is no longer necessary due to the new title of Federal Magistrate as ‘Judge’ and the existing reference to ‘judge’ in section 69ZO. 

Item 293 - Subsection 69ZR(3)

348.           This item omits ‘Federal Magistrate’ in subsection 69ZR(3).  Subsection 69ZR(3) provides that a judge, Judicial Registrar, Registrar, Federal Magistrate or magistrate who exercises a power under subsection 69ZR(1) does not have to disqualify himself or herself from hearing the proceedings because of having exercised jurisdiction under subsection 69ZR(1).  Reference to ‘Federal Magistrate’ is no longer necessary due to the new title of Federal Magistrate as ‘Judge’ and the existing reference to ‘judge’ in subsection 69ZR(3).

Item 294 - Subsection 70NECA(2)

349.           This item omits ‘Federal Magistrate’ in subsection 70NECA(2).   Subsection 70NECA(2) provides that if a court, whether or not constituted by a judge, Federal Magistrate or magistrate, is satisfied that a person has unreasonably failed to comply with a bond, it may take action under subsection 70NECA(3).  Reference to ‘Federal Magistrate’ is no longer necessary due to the new title of Federal Magistrate as ‘Judge’ and the existing reference to ‘judge’ in subsection 70NECA(2). 

Item 295 - Subsection 70NFF(2)

350.           This item omits ‘Federal Magistrate’ in subsection 70NFF(2).   Subsection 70NFF(2) provides that if a court, whether or not constituted by a judge, Federal Magistrate or magistrate, is satisfied that a person has unreasonably failed to comply with an order or bond, it may take action under subsection 70NFF(3).  Reference to ‘Federal Magistrate’ is no longer necessary due to the new title of Federal Magistrate as ‘Judge’ and the existing reference to ‘judge’ in subsection 70NFF(2).

Item 296 - Section 94 (heading)

351.           This item repeals the heading to section 94 and inserts the new heading: ‘94 Appeals to Family Court from courts other than Federal Circuit Court and Magistrates Court of Western Australia’.  This consequential amendment will insert a new heading to section 94 to reflect the new name of the Court.

Item 297 - Section 94AAA (heading)

352.           This item repeals the heading to section 94AAA and inserts the new heading: ‘94AAA Appeals to Family Court from the Federal Circuit Court and Magistrates Court of Western Australia’.  This consequential amendment will insert a new heading to section 94AAA to reflect the new name of the Court.

Item 298 - Paragraph 94AAA(1)(b)

353.           This item updates the reference to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court of Australia’ in paragraph 94AAA(1)(b).  Paragraph 94AAA(1)(b) provides that an appeal lies to the Family Court from a decree or decision of a Federal Magistrate rejecting an application that they disqualify themselves from further hearing a matter.  This consequential amendment will update paragraph 94AAA(1)(b) to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court.

Item 299 - Paragraphs 94A(3)(a) and (c)

354.           This item updates the reference to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court of Australia’ in paragraphs 94A(3)(a) and (c).  Paragraphs 94A(3)(a) and (c) provide that in proceedings in the Federal Magistrates Court to which subsection 94AAA(1) applies, the Court must state the facts and question in a special case if a question of law arises which the Federal Magistrate and at least one of the parties wish to have determined by a Full Court of the Family Court.  This consequential amendment will update paragraphs 94A(3)(a) and (c) to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court. 

Item 300 - Subsection 94A(4)

355.           This item updates the reference to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court of Australia’ in subsection 94A(4).   Subsection 94A(4) provides that the Full Court of the Family Court, in hearing and determining a matter under subsection 94A(3), may draw from the relevant facts and documents any inference which could have been drawn from them by the Federal Magistrate.  This consequential amendment will update subsection 94A(4) to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court. 

Item 301 - Subsection 97(1A)

356.           This item omits ‘Federal Magistrate’ in subsection 97(1A). Subsection 97(1A) provides that the regulations and the Rules of Court may authorise proceedings to be heard by a Judge, Judicial Registrar, Registrar, Federal Magistrate or magistrate sitting in Chambers.  Reference to ‘Federal Magistrate’ is no longer necessary due to the new title of Federal Magistrate as ‘Judge’ and the existing reference to ‘Judge’ in subsection 97(1A).  

Item 302 - Subsection 98(2) (note)

357.           This item updates the reference to ‘ Federal Magistrates Act 1999 ’ to be ‘ Federal Circuit Court of Australia Act 1999 ’ in the note to subsection 98(2).  The note to subsection 98(2) refers to the Federal Magistrates Act 1999 .   This consequential amendment will update the note to subsection 98(2) to reflect the new short title of the Act (see Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012).      

Item 303 - Section 109B (heading)

358.           This item repeals the heading to section 109B and inserts the new heading:

‘109B Rules of Court relating to enforcement—Federal Circuit Court’.  This consequential amendment will insert a new heading to section 109B to reflect the new name of the Court.

Item 304 - Subsection 109B(1)

359.           This item updates the reference to ‘ Federal Magistrates Act 1999 ’ to be ‘ Federal Circuit Court of Australia Act 1999 ’ in subsection 109B(1).   S ubsection 109B(1) provides that section 109A applies to the making of Rules of Court under section 81 of the Federal Magistrates Act 1999 in the same way it applies to the making of Rules of Court under section 123 of the Family Law Act 1975 .  This consequential amendment will update subsection 109B(1) to reflect the new short title of the Act (see Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012).       

Item 305 - Section 112AA (paragraph (a) of the definition of applicable Rules of Court)

360.           This item updates the reference to ‘ Federal Magistrates Act 1999 ’ to be ‘ Federal Circuit Court of Australia Act 1999 ’ in the definition of ‘applicable Rules of Court’ in section 112AA.  S ection 112AA provides for definitions of expressions used in Part XIIIA of the Act.  This consequential amendment will update subsection 109B(1) to reflect the new short title of the Act (see Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012).        

Item 306 - Subsection 112AH(2)

361.           This item omits ‘Federal Magistrate’ in subsection 112AH(2).  Subsection 112AH(2) provides that if a court, whether or not constituted by a judge, Federal Magistrate or magistrate, is satisfied that a person has unreasonably failed to comply with a sentence, order or requirement relating to a sentence or order, the court may take action under subsection 112AH(8).  Reference to ‘Federal Magistrate’ is no longer necessary due to the new title of Federal Magistrate as ‘Judge’ and the existing reference to ‘judge’ in subsection 112AH(2).

Item 307 - Subsection 115(11)

362.            This item repeals subsection 115(11). Subsection 115(11) provides that for the purposes of section 115, a Federal Magistrate is taken to be a judge.  This subsection is no longer necessary due to the new title of Federal Magistrate as ‘Judge’.

Family Law Amendment (Validation of Certain Orders and Other Measures) Act 2012

Item 308 - At the end of Part 1 of Schedule 1

363.           This item inserts a new section 6A in Part 1 of Schedule 1 to the Family Law Amendment (Validation of Certain Orders and Other Measures) Act 2012 .  This amendment will provide that to the extent Part 1 of Schedule 1 of the Act applies following commencement of Schedule 2 to the Federal Circuit Court of Australia Legislation Amendment Act 2012 , a reference in Part 1 to the Federal Magistrates Act 1999 is taken to include a reference to the Federal Circuit Court of Australia Act 1999 and a reference to the ‘Federal Magistrates Court’ is taken to include a reference to the ‘Federal Circuit Court of Australia’.

Item 309 - At the end of Part 2 of Schedule 1

364.           This item inserts a new section 13 in Part 2 of Schedule 1 to the Family Law Amendment (Validation of Certain Orders and Other Measures) Act 2012 .  This amendment will provide that to the extent Part 2 of Schedule 1 of the Act applies following commencement of Schedule 2 to the Federal Circuit Court of Australia Legislation Amendment Act 2012 , a reference in Part 2 to the Federal Magistrates Act 1999 is taken to include a reference to the Federal Circuit Court of Australia Act 1999 and a reference to the ‘Federal Magistrates Court’ is taken to include a reference to the ‘Federal Circuit Court of Australia’.

Family Law Amendment (Validation of Certain Parenting Orders and Other Measures) Act 2010

Item 310 - At the end of Schedule 1

365.           This item inserts a new section 11 in Schedule 1 of the Family Law Amendment (Validation of Certain Parenting Orders and Other Measures) Act 2010 .  This amendment will provide that to the extent Schedule 1 of the Act applies following commencement of Schedule 2 to the Federal Circuit Court of Australia Legislation Amendment Act 2012 :

·          a reference in Schedule 1 of the Act to the Federal Magistrates Act 1999 is taken to include a reference to the Federal Circuit Court of Australia Act 1999

·          a reference in Schedule 1 of the Act to a Federal Magistrate is taken to include a Judge of the Federal Circuit Court of Australia, and

·          a reference to the ‘Federal Magistrates Court’ is taken to include a reference to the ‘Federal Circuit Court of Australia’.

Federal Court of Australia Act 1976

Item 311 - Section 4

366.           This item inserts a definition of ‘Federal Circuit Court’ in section 4.  Section 4 provides definitions of expressions used in the Act.  This amendment will define ‘ Federal Circuit Court’ to mean the Federal Circuit Court of Australia.

Item 312 - Section 32AA (heading)

367.           This item repeals the heading to section 32AA and inserts the new heading:

32AA Proceedings not to be instituted in the Court if an associated matter is before the Federal Circuit Court ’.  This consequential amendment will insert a new heading to section 32AA to reflect the new name of the Court.

Item 313 - Section 32AB (heading)

This item repeals the heading to section 32AB and inserts the new heading:

32AB Discretionary transfer of civil proceedings to the Federal Circuit Court
’.  This consequential amendment will insert a new heading to section 32AB to reflect the new name of the Court.

Federal Proceedings (Costs) Act 1981          

Item 314 - Subsection 3(1)

368.           This item inserts a definition of ‘Federal Circuit Court’ in subsection 3(1).  Subsection 3(1) provides definitions of expressions used in the Act.  This amendment will define ‘ Federal Circuit Court’ to mean the Federal Circuit Court of Australia.

Foreign Evidence Act 1994  

Item 315 - Division 2 of Part 2 (heading)

369.           This item repeals the heading to Division 2 of Part 2 and inserts the new heading: ‘ Division 2 Proceedings in the Federal Circuit Court of Australia and inferior courts ’.  This consequential amendment will insert a new heading to section 37QQ to reflect the new name of the Court.

Item 316 - Section 9A (heading)

370.           This item repeals the heading to section 9A and inserts the new heading: ‘ 9A Orders for taking evidence abroad—Federal Circuit Court ’.  This consequential amendment will insert a new heading to section 9A to reflect the new name of the Court.

Item 317 - Paragraph 12(2)(a)

371.           This item updates the reference to ‘Federal Magistrates Court’s’ to be ‘Federal Circuit Court of Australia’s’ in paragraph 12(2)(a).  Paragraph 12(2)(a) provides considerations for the Federal Magistrates Court or another Court making a decision about the admissibility of evidence.  This consequential amendment will update paragraph 12(2)(a) to reflect the new name of the Court.    

Freedom of Information Act 1982   

Item 318 - Paragraph 64(8)(a)

372.           This item updates the reference to ‘Federal Magistrate’ to be ‘Judge’ in p aragraph 64(8)(a).  Paragraph 64(8)(a) provides for Federal Magistrates and the Federal Magistrates Court taking all necessary measures to ensure that the contents of certain confidential documents are not disclosed to persons other than the relevant Federal Magistrate or staff of the Federal Magistrates Court as necessary.  This consequential amendment will update paragraph 64(8)(a) to reflect the new title of Federal Magistrate as ‘Judge’.  

373.           Other references to the Federal Magistrates Court in the Act will be updated by Schedule 2 Part 2 of the Bill.  

Greenhouse and Energy Minimum Standards Act 2012    

Item 319 - Section 5 (paragraph (b) of the definition of issuing officer )

374.           This item updates the reference to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court of Australia’ in paragraph (b) of the definition of ‘issuing officer’ in section 5.  Section 5 provides definitions of expressions used in the Act.  The expression ‘issuing officer’ is defined to mean a magistrate, Federal Magistrate or a Judge of the Federal Court of Australia.  This consequential amendment will update the definition of ‘issuing officer’ to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court.

Item 320 - Saving provision

375.           This item provides that a thing done by, or in relation to, a Federal Magistrate as an issuing officer under the Greenhouse and Energy Minimum Standards Act 2012 will continue in force, and things done by or in relation to a Federal Magistrate as an issuing authority continue to have effect under the new title of Federal Magistrate as ‘Judge’, after commencement of this item.

376.           This item reflects this Bill’s intention to preserve the continuity of existing arrangements for functions exercised by a Federal Magistrates under their new title of ‘Judge’.  The Bill does not alter the nature or conditions of exercise of these functions conferred under legislation.  This item has been included to ensure certainty of existing arrangements.  This item does not limit the operation of section 7 or subsection 25B(1) of the Acts Interpretation Act 1901 (see item 3 of Schedule 4 to this Bill).

Independent Contractors Act 2006

Item 321 - Subsection 12(1) (note)

377.           This item updates the reference to the ‘ Federal Magistrates Act 1999 ’ to be the ‘ Federal Circuit Court of Australia Act 1999 ’ in the Note to subsection 12(1).  This note refers to matters transferred from the Federal Magistrates Court to the Federal Court of Australia.  This consequential amendment will update this note to reflect the new short title of the Act (see Schedule 1 of the Federal Circuit Court of Australia Legislation Amendment Bill 2012).

Item 322 - Subsection 15(4) (note)

378.           This item updates reference to the ‘ Federal Magistrates Act 1999 ’ to be the ‘ Federal Circuit Court of Australia Act 1999 ’ in the note to subsection 15(4).  This note refers to alternative dispute resolution processes used in matters pending in the Federal Magistrates Court or the Federal Court of Australia.  This consequential amendment will update this note to reflect the new short title of the Act (see Schedule 1 of the Federal Circuit Court of Australia Legislation Amendment Bill 2012).

Law Enforcement Integrity Commissioner Act 2006

Item 323 - Subsection 5(1)

379.           This item inserts a definition of ‘Federal Circuit Court’ in subsection 5(1).  Subsection 5(1) provides definitions for the purposes of the Act.  This amendment will define ‘ Federal Circuit Court’ to mean the Federal Circuit Court of Australia

Item 324 - Subsection 5(1) (after subparagraph (a)(i) of the definition of issuing officer )

380.           This item inserts subparagraph 5(i)(a) to the definition of ‘issuing officer’ in subsection 5(1).  Subsection 5(1) provides definitions for the purposes of the Act.  This amendment will include ‘a Judge of the Federal Circuit Court of Australia sitting in Chambers’ as an issuing officer for the purposes of the Act.  This consequential amendment will update subsection 5(1) to reflect the new title of Federal Magistrates as ‘Judge’ and the new name of the Court. 

Item 325 - Subsection 5(1) (subparagraph (a)(iii) of the definition of issuing officer )

381.           This item repeals subparagraph 5(a)(iii).  Subparagraph 5(a)(iii) provides that a Federal Magistrate is an issuing officer for the purposes of the Act.  Reference to a Federal Magistrate is no longer necessary to reflect the new title of Federal Magistrates as ‘Judge’.  This amendment is consequential to item 324.  

Item 326 - Paragraph 109(7)(b)

382.           This item updates the reference to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court of Australia’ in paragraph 109(7)(b).  Paragraph 109(7)(b) provides that the powers conferred on an issuing officer in a State or Territory to issue warrants under subsections (5) and (6) do not apply if the issuing officer is a Judge of the Federal Court of Australia or a Federal Magistrate.  This consequential amendment will update paragraph 109(7)(b) to reflect the new title of Federal Magistrates as ‘Judge’ and the new name of the Court.

Item 327 - Saving provision

383.           This item provides that things done by or in relation to a Federal Magistrate as an issuing officer under the Act have effect under the new title of Federal Magistrates as ‘Judge’, after commencement of this item. 

384.           This item makes clear the continuity of existing arrangements relating to these functions in light of the new title of Federal Magistrates as ‘Judge’.  This Bill, and the Federal Circuit Court of Australia Legislation Amendment Bill 2012, does not alter the nature or conditions of exercise of these functions conferred under legislation.  This item has been included to ensure certainty of existing arrangements.  This item does not limit the operation of section 7 or subsection 25B(1) of the Acts Interpretation Act 1901 (see item 3 of Schedule 4 to this Bill).   

Marriage Act 1961

Item 328 - Subsection 5(1) (paragraph (a) of the definition of Judge)

385.           This item updates the reference to ‘Federal Magistrate of the Federal Magistrates Court’ to be ‘Judge of the Federal Circuit Court of Australia’ in the definition of ‘Judge’ in subsection 5(1).  Subsection 5(1) provides definitions of expressions used in the Act.  This consequential amendment will update the definition of ‘Judge’ to reflect the new title of Federal Magistrates as ‘Judge’ and the new name of the Court.

Item 329 - Subsection 9A(1)

386.           This item updates references to ‘Federal Magistrate of the Federal Magistrates Court’ to be ‘Judge of the Federal Circuit Court of Australia’ in subsection 9A(1).  Subsection 9A(1) provides that the Governor-General may make a proclamation that a power or function exercisable by a Judge or magistrate under the Act is not to be exercised otherwise than by a Judge of the Family Court of Australia, a Family Court of a State, or a Federal Magistrate.  This consequential amendment will update subsection 9A(1) to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court. 

Item 330 - Subsection 92(1)

This item updates the reference to the ‘Federal Magistrates Court’ to be ‘Federal Circuit Court of Australia’ in subsection 92(1).  Subsection 92(1) provides that an application may be made to particular courts, including the Federal Magistrates Court, for an order declaring that the person is the legitimate child of his or her parents or that the person or various specified relatives of the person is or was a legitimated person.  This consequential amendment will update subsection 92(1) to reflect the new name of the Court.

Migration Act 1958   

Item 331 - Subsection 5(1)

387.           This item inserts a definition of ‘Federal Circuit Court’ in subsection 5(1).  Subsection 5(1) provides definitions for expressions used in the Act.  ‘Federal Circuit Court’ will be defined to mean the Federal Circuit Court of Australia.

Item 332 - Section 91X (heading)

388.           This item repeals the heading to section 91X and inserts the new heading: ‘91X Names of applicants of protection visas not to be published by the High Court, Federal Court or Federal Circuit Court’.  This consequential amendment will insert a new heading to section 91X to reflect the new name of the Court.

Item 333 - Section 476 (heading)

389.           This item repeals the heading to section 476 and inserts the new heading: ‘476 Jurisdiction of the Federal Circuit Court’.  This consequential amendment will insert a new heading to section 476 to reflect the new name of the Court.

 

Item 334 - Paragraph 476A(1)(a)

390.           This item updates reference to the ‘ Federal Magistrates Act 1999 ’ to be the ‘ Federal Circuit Court of Australia Act 1999 ’ in paragraph 476A(1)(a).  Subsection 476A(1)(a) provides for matters in which the Federal Court has original jurisdiction, including where the Federal Magistrates Court has transferred a matter to it under section 39 of the Federal Magistrates Act 1999 .  This consequential amendment will update this paragraph to reflect the new short title of the Act (see Schedule 1 of the Federal Circuit Court of Australia Legislation Amendment Bill 2012).

Item 335 - Section 477 (heading)

391.           This item repeals the heading to section 477 and inserts the new heading: ‘477 Time limits on applications to the Federal Circuit Court’.  This consequential amendment will insert a new heading to section 477 to reflect the new name of the Court.

Item 336 - Section 484 (heading)

392.           This item repeals the heading to section 484 and inserts the new heading: ‘484 Exclusive jurisdiction of High Court, Federal Court and Federal Circuit Court’.  This consequential amendment will insert a new heading to section 484 to reflect the new name of the Court.

Item 337 - Section 486C (heading)

393.           This item repeals the heading to section 486C and inserts the new heading: ‘486C Persons who may commence or continue proceedings in the Federal Circuit Court or the Federal Court’.  This consequential amendment will insert a new heading to section 486C to reflect the new name of the Court.

Item 338 - Subsection 486C(3)

394.           This item updates the reference to ‘Federal Magistrates Court’s’ to be ‘Federal Circuit Court’s’ in subsection 486C(3).  Subsection 486C(1) provides for persons who may commence proceedings in the Federal Court or the Federal Magistrates Court that raises an issue in connection with visas, deportation, taking, or removal of non-citizens and relates to the validity, interpretation or effect of a provision of this Act or the regulations.  Subsection 486C(3) provides that this section applies to matters within the Federal Magistrates Court’s jurisdiction.  This consequential amendment updates the reference in subsection 486C(3) to reflect the new name of the Court.

Item 339 - Paragraph 486C(3A)

395.           This item updates reference to the ‘ Federal Magistrates Act 1999 ’ to be the ‘ Federal Circuit Court of Australia Act 1999 ’ in paragraph 486C(3A).  Subsection 486C(3A) refers to matters transferred from the Federal Magistrates Court to the Federal Court where the Federal Court has original jurisdiction under section 39 of the Federal Magistrates Act 1999 .  This consequential amendment will update this paragraph to reflect the new short title of the Act (see Schedule 1 of the Federal Circuit Court of Australia Legislation Amendment Bill 2012) and does not alter arrangements for the exercise of jurisdiction of either Court.

Item 340 - Paragraph 500(6)(d)

396.           This item updates the reference to ‘Federal Magistrates Court or a Federal Magistrate’ to be ‘Federal Circuit Court or a Judge of that Court’ in paragraph 500(6)(d).  Paragraph 500(6)(d) deems that an order for the deportation of a person to whom Division 9 of Part 2 of the Act applies shall not be taken to have ceased by reason of certain orders made by the Federal Magistrates Court or a Federal Magistrate.  This consequential amendment will update the reference in paragraph 500(6)(d) to reflect the title of Federal Magistrate as ‘Judge’ and the new name of the Court.

Item 341 - Section 503B (heading)

397.           This item repeals the heading to section 503B and inserts the new heading: ‘503B Protection of confidential information disclosed to Federal Court or Federal Circuit Court—permanent non-disclosure orders’.  This consequential amendment will insert a new heading to section 503B to reflect the new name of the Court. 

398.           Other references to the Federal Magistrates Court in section 503B are dealt with in bulk amendments in Schedule 2 Part 1 of the Bill.

Item 342 - Subsection 503B(2)

399.           This item updates the reference to ‘Federal Magistrates Court’s’ to be ‘Federal Circuit Court’s’ in subsection 503B(2) of the Act.  Subsection 503B(2) provides orders that the Federal Court or the Federal Magistrates Court may make to ensure the non-disclosure of certain information to an applicant in related substantive proceedings, a legal representative of that applicant or any other person.  This consequential amendment updates the reference in subsection 503B(2) to reflect the new name of the Court. 

Item 343 - Subsection 503B(4)

400.           This item inserts ‘of that Court’ after ‘single Judge’ in subsection 503B(4).  Subsection 503B(4) provides that the powers of the Federal Court are to be exercised by a single Judge.  This consequential amendment will update subsection 503B(4) to reflect the new title of Federal Magistrate as ‘Judge’.

Item 344 - Subsection 503B(4)

401.           This item updates the reference to ‘Federal Magistrates Court under this section are to be exercised by a single Federal Magistrate’ to ‘Federal Circuit Court under this section are to be exercised by a single Judge of that Court’ in subsection 503B(4).  Subsection 503B(4) provides that the powers of the Federal Magistrates Court are to be exercised by a single Federal Magistrate.  This consequential amendment updates the references in subsection 503B(4) to reflect the new title of Federal Magistrates as ‘Judge’ and the new name of the Court.

Item 345 - Subsection 503B(14) (table item 1)

402.           This item updates the reference to ‘Federal Magistrates Court’s’ to be ‘Federal Circuit Court’s’ in item 1 of the table in subsection 503B(14) of the Act.  This table item refers to proceedings within the Federal Magistrates Court’s jurisdiction under section 476 of this Act.  This consequential amendment updates the reference in item 1 of the table in subsection 503B(14) to reflect the new name of the Court. 

Item 346 - Section 503C (heading)

403.           This item repeals the heading to section 503C and inserts the new heading: ‘503C Protection of confidential information disclosed to Federal Court or Federal Circuit Court—interim non-disclosure orders’.  This consequential amendment will insert a new heading to section 503C to reflect the new name of the Court.

Item 347 - Paragraph 503C(3)(c)

404.           This item updates the reference to ‘Federal Magistrates Court’s’ to be ‘Federal Circuit Court’s’ in paragraph 503C(3)(c) of the Act.  Paragraph 503C(3)(c) provides that the Federal Court or the Federal Magistrates Court may make orders to ensure the non-disclosure of certain information in circumstances that might undermine, prejudice or pre-empt consideration of the matter by the Federal Court or the Federal Magistrates Court.  This consequential amendment updates the reference in paragraph 503C(3)(c) to reflect the new name of the Court. 

Item 348 - Subsection 503C(4)

405.           This item updates the reference to ‘Federal Magistrates Court’s’ to be ‘Federal Circuit Court’s’ in subsection 503C(4) of the Act.  Subsection 503C(4) provides orders that the Federal Court or the Federal Magistrates Court may make to ensure the non-disclosure of certain information in circumstances that might undermine, prejudice or pre-empt consideration of the matter by the Federal Court or the Federal Magistrates Court.  This consequential amendment updates the reference in subsection 503C(4) to reflect the new name of the Court. 

Item 349 - Subsection 503C(6)

406.           This item adds the words ‘of that Court’ after the words ‘single Judge’ in subsection 503C(6).  Subsection 503C(6) provides that the powers of the Federal Court are to be exercised by a single Judge.  As Federal Magistrates are to be retitled ‘Judges’, this item clarifies that the powers of the Federal Court are to be exercised by a single Judge of the Federal Court.

Item 350 - Subsection 503C(6)

407.           This item updates the reference to ‘Federal Magistrates Court under this section are to be exercised by a single Federal Magistrate’ to ‘Federal Circuit Court under this section are to be exercised by a single Judge of that Court’ in subsection 503C(6).  Subsection 503C(6) provides that the powers of the Federal Magistrates Court are to be exercised by a single Federal Magistrate.  This consequential amendment updates the references in subsection 503C(6) to reflect the new title of Federal Magistrates as ‘Judge’ and the new name of the Court.

 

 

Mutual Assistance in Criminal Matters Act 1987    

Item 351 - Subsection 3(1)

408.           This item inserts a new definition ‘eligible Federal Circuit Court Judge’ in subsection 3(1).  Subsection 3(1) provides for definitions of expressions used in the Act.  An eligible Federal Circuit Court Judge will mean a Judge of the Federal Circuit Court of Australia in relation to whom a consent under subsection 38ZC(1) and a nomination under subsection 38ZC(2) are in force.  The term ‘eligible Federal Circuit Court Judge’ will be used throughout provisions in the Act under which Federal Magistrates can perform functions.  This item operates with items 353 and 354, which repeals the definition of Federal Magistrate and removes Federal Magistrates from the definition of ‘magistrate’, to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court. 

409.           The new term ‘eligible Federal Circuit Court Judge’ will not alter the nature of functions which are conferred under the legislation on Federal Magistrates under their new title.  Saving provisions are included in item 417 to preserve existing consents, nominations and things done by Federal Magistrates under the new title of ‘Judge’.

Item 352 - Subsection 3(1) (paragraph (a) of the definition of executing officer )

410.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘Magistrate’ in paragraph 3(1)(a) of the definition of ‘executing officer’.  Paragraph 3(1)(a) defines ‘executing officer’, in relation to a warrant, as the police officer named in the warrant by the Magistrate to be responsible for executing the warrant.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under the Act.

Item 353 - Subsection 3(1) (definition of Federal Magistrate )

411.           This item repeals the definition of ‘Federal Magistrate’ in section 3(1).  Section 3(1) provides for definitions of expressions used in the Act.  This definition will be replaced by use of the term ‘eligible Federal Circuit Court Judge’ throughout provisions in the Act under which Federal Magistrates can perform functions (see item 351). 

Item 354 - Subsection 3(1) (paragraph (aa) of the definition of Magistrate )

412.           This item repeals paragraph (aa) of the definition of ‘magistrate’ in section 3(1) to remove references to Federal Magistrates.  Section 3(1) provides for definitions of expressions used in the Act.  Under section 3(1), magistrate is defined to include a Federal Magistrate, except in Division 2 of Part VI of the Act.  This will be replaced by use of the term ‘eligible Federal Circuit Court Judge’ throughout provisions in the Act under which Federal Magistrates can perform functions (see item 351). 

413.           The new term of ‘eligible Federal Circuit Court Judge’ will not alter the nature of ‘persona designata’ functions which are conferred under the Act.  Saving provisions are included in item 417 to preserve existing consents, nominations and things done by Federal Magistrates under the new title of ‘Judge’.

Item 355 - Paragraph 13(2)(a)

414.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a Magistrate’ in paragraph 13(2)(a) of the definition of ‘executing officer’.  Paragraph 13(2)(a) provides that where the Attorney-General gives an authorisation under subsection 13(1A), in the taking of evidence, a Magistrate may do certain things.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under the Act.

Item 356 - Subparagraphs 13(2)(a)(i) and (vi)

415.           This item inserts ‘or Judge’ after ‘Magistrate’ in subparagraphs 13(2)(a)(i) and (vi).  Subparagraphs 13(2)(a)(i) and (vi) provide that where the Attorney-General gives an authorisation under subsection 13(1A), for the taking of evidence, a Magistrate may:

·          take evidence on oath or affirmation from the witness appearing before the Magistrate, or

·          take such action as the Magistrate considers appropriate to facilitate the foreign proceeding.

416.           This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 13.

Item 357 - Paragraph 13(2)(b)

417.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a Magistrate’ in paragraph 13(2)(b) of the definition of ‘executing officer’.  Paragraph 13(2)(b) provides that where the Attorney-General gives authorisation under subsection 13(1A), a Magistrate may require the production of documents or other articles and, where the documents or other articles are produced, the Magistrate shall send the documents, or certified true copies, or the other articles, to the Attorney-General.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 13.

Item 358 - Paragraph 13(2)(b)

418.           This item inserts ‘or Judge’ after ‘the Magistrate’ in paragraph 13(2)(b) of the definition of ‘executing officer’.  Paragraph 13(2)(b) provides that where the                  Attorney-General gives authorisation under subsection 13(1A), a Magistrate may require the production of documents or other articles and, where the documents or other articles are produced, the Magistrate shall send the documents, or certified true copies, to the           Attorney-General.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 13.

Item 359 - Subsection 13(2A)

419.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a Magistrate’ in subsection 13(2A).  Subsection 13(2A) prevents a Magistrate from making a ruling about the admissibility of evidence in a foreign proceeding.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 13.

Item 360 - Subsection 13(2B)

420.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a Magistrate’ in subsection 13(2B).  Subsection 13(2B) provides for conditions in which Magistrates may exercise certain powers when taking evidence for live transmission via video link to a requesting country.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 13.

Item 361 - Subsection 13(2B)

421.           This item inserts ‘or Judge’ after ‘the Magistrate’ in subsection 13(2B).  Subsection 13(2B) provides for conditions in which Magistrates may exercise certain powers when taking evidence for live transmission via video link to a requesting country.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 13.

Item 362 - Subsection 13(2C)

422.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a Magistrate’ in subsection 13(2C).  Subsection 13(2C) provides that where a Magistrate takes evidence as mentioned in subparagraph 13(2)(a)(i) but not for live transmission via video link to the requesting country, the Magistrate must do certain things as set out in paragraphs 13(2C)(a) and (b).  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 13.

Item 363 - Subsection 13(2C)

423.           This item inserts ‘or Judge’ after ‘the Magistrate’, wherever it occurs in subsection 13(2C).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 13.

Item 364 - Subsection 13(2D)

424.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a Magistrate’ in subsection 13(2D).  Subsection 13(2D) provides that in taking evidence as mentioned in paragraph 13(2)(a), the Magistrate requires the production of documents or other articles under subparagraph 13(2)(a)(v), the Magistrate must send the documents or their certified true copies, or the other articles, to the Attorney-General .  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 13.

Item 365 - Subsection 13(2D)

425.           This item inserts ‘or Judge’ after ‘the Magistrate’, wherever it occurs in subsection 13(2D).  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 13.

Item 366 - Subsection 13(4)

426.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘The Magistrate’ in subsection 13(4).  Subsection 13(4) provides that the Magistrate conducting a proceeding under subsection 13(2) may permit certain persons and authorities as set out in paragraphs 13(4)(a) to (c) to have legal representation.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 13.

Item 367 - Paragraph 13(4)(b)

427.           This item inserts ‘or Judge’ after ‘Magistrate’ in paragraph 13(4).  Paragraph 13(4)(b) provides that the Magistrate conducting a proceeding under subsection 13(2) may permit any other person giving evidence or producing documents or other articles at the proceedings to have legal representation.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 13.

Item 368 - At the end of subsection 13(4)

428.           This item inserts ‘or Judge’ at the end of subsection 13(4).  Subsection 13(4) provides that the Magistrate conducting a proceeding under subsection 13(2) may permit certain persons and authorities as set out in paragraphs 13(4)(a) to (c) to have legal representation.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 13.

Item 369 - Subsection 13(4A)

429.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘Magistrate’ in subsection 13(4A).  Subsection 13(4A) provides that the Magistrate conducing a proceeding under subsection 13(2) may permit persons falling within the criteria set out in paragraphs 13(4A)(a) and (b) to cross-examine any person giving evidence or producing a document or other article.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 13.

Item 370 - Paragraph 13(4B)(a)

430.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘Magistrate’ in paragraph 13(4B)(a).  Paragraph 13(4B)(a) provides that for the purposes of Part III of the Crimes Act 1914 , the proceedings before the Magistrate is a judicial proceeding.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 13.

Item 371 - Subsection 13(5)

431.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘Magistrate’ in subsection 13(5).  Subsection 13(5) provides that the certificate by the Magistrate under subsection 13(2) shall state whether, when evidence was taken or the documents or other articles were produced, if any of the persons set out in paragraphs 13(5)(a) and (b) were present.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 13.

Item 372 - Subsection 13AA(1)

432.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a Magistrate’ in subsection 13AA(1).  Subsection 13AA(1) provides that orders made by a Magistrate conducting a proceeding under subsection 13(2) must be complied with.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 13.

Item 373 - Subsection 13AA(2)

433.           This item updates ‘If the Magistrate is a Federal Magistrate’ to be ‘In the case of an eligible Federal Circuit Court Judge’ in subsection 13AA(2).  Subsection 13AA(2) provides that where the Magistrate conducting proceedings under subsection 13(2) is a Federal Magistrate, the order may be enforced as if the order were from the Federal Magistrates Court, subject to the Rules of Court.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 13.

Item 374 - Subsection 13AA(2)

434.           This item updates ‘ Federal Magistrates Act 1999 ’ to be ‘ Federal Circuit Court of Australia Act 1999 ’ in subsection 13AA(2).  Subsection 13AA(2) provides that where the Magistrate conducting proceedings under subsection 13(2) is a Federal Magistrate, the order may be enforced as if the order were from the Federal Magistrates Court, subject to the Rules of Court made under the Federal Magistrates Act 1999 .  This is a consequential amendment to reflect the new title of the Act.

Item 375 - Subsection 13AA(2)

435.           This item updates ‘Federal Magistrates Court’ to be ‘Federal Circuit Court of Australia’ in subsection 13AA(2).  Subsection 13AA(2) provides that where the Magistrate conducting proceedings under subsection 13(2) is a Federal Magistrate, the order may be enforced as if the order were from the Federal Magistrates Court, subject to the Rules of Court.  This is a consequential amendment to reflect the new name of the Court.

Item 376 - Paragraphs 13AB(1)(a) and (b)

436.           This item updates the reference to ‘a Federal Magistrate’ to be ‘an eligible Federal Circuit Court Judge’ in paragraphs 13AB(1)(a) and (b).  Paragraphs 13AB(1)(a) and (b) provides that for the purposes of a proceeding under section 13 in a State or Territory, and subject to subsection 13AB(2), the following laws apply:

·          laws of the Commonwealth with respect to compelling persons to attend before a Federal Magistrate

·          laws of the Commonwealth with respect to giving evidence, answering questions and producing documents or other articles before a Federal Magistrate.

437.           This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 13.

Item 377 - Paragraphs 13AB(1)(c) and (d)

438.            This item repeals ‘(other than a Federal Magistrate)’ in paragraphs 13AB(1)(c) and (d).  Paragraphs 13AB(1)(c) and (d) provides that for the purposes of a proceeding under section 13 in a State or Territory, and subject to subsection (2), the following laws apply:

·          laws of a State or Territory with respect to compelling persons to attend before a Magistrate (other than a Federal Magistrate)

·          laws of that State or Territory with respect to giving evidence, answering questions and producing documents or other articles before a Magistrate (other than a Federal Magistrate).

439.           Reference to Federal Magistrate is no longer necessary due to the new title new title of Federal Magistrate as ‘Judge’.  This consequential amendment operates with item 376 to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 13.

Item 378 - Section 15

440.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘Magistrate’ in section 15.  Section 15 provides that the Attorney-General may authorise in writing a police officer to apply to a Magistrate for search warrants in respect of evidential material in circumstances set out in paragraphs 15(a) to (c).  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 15.

Item 379 - At the end of subsection 25(2)

441.           This item inserts ‘or eligible Federal Circuit Court Judge’ at the end of subsection 25(2).  Where a person has escaped from lawful custody after being brought to Australia pursuant to a request under section 16, and a police officer arrests the person who has escaped from custody, subsection 25(2) provides that the police officer must take the person before a Magistrate as soon as practicable.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 25.

Item 380 - Subsection 25(3)

442.           This item inserts ‘or Judge’ after wherever ‘Magistrate’ occurs in subsection 25(3).  Where a person has escaped from lawful custody after being brought to Australia pursuant to a request under section 16, and a police officer arrests the person who has escaped from custody, and the police officer takes the person before a Magistrate as soon as practicable, subsection 25(3) provides that if the Magistrate is satisfied that the person has escaped from lawful custody the Magistrate may issue a warrant to return the person to lawful custody.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 25.

Item 381 - At the end of subsection 31(2)

443.           This item inserts ‘or eligible Federal Circuit Court Judge’ at the end of subsection 31(2).  Where a person was being kept in custody pursuant to a direction under paragraph 29(1)(d), and a police officer arrests that person because they reasonably believe the person had escaped the custody, subsection 31(2) provides that the police officer must take the person before a Magistrate as soon as possible.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 31.

Item 382 - Subsection 31(3)

444.           This item inserts ‘or Judge’ after ‘Magistrate’, wherever it occurs in subsection 31(3).  Where a person was being kept in custody pursuant to a direction under paragraph 29(1)(d), and a police officer arrests that person because they reasonably believe the person had escaped the custody, and the police officer takes the person before a Magistrate, subsection 31(3) provides that if the Magistrate is satisfied that the person has escaped from lawful custody the Magistrate may issue a warrant to return the person to lawful custody .  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 31.

Item 383 - Subsection 38C(1)

445.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘If the Magistrate’ in subsection 38C(1).  Subsection 38C(1) enables a Magistrate to issue a warrant to search premises if satisfied that there are reasonable grounds for suspecting that evidential material is or will be on the premises.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 38.

Item 384 - Subsection 38C(1)

446.           This item inserts ‘or Judge’ after the last occurring ‘Magistrate’ in subsection 38C(1).  Subsection 38C(1) enables a Magistrate to issue a warrant to search premises if satisfied that there are reasonable grounds for suspecting that evidential material is or will be on the premises.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 38.

Item 385 - Subsection 38C(2)

447.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘If the Magistrate’ in subsection 38C(2).  Subsection 38C(2) enables a Magistrate to issue a warrant for an ordinary search or frisk search of a person, if satisfied that there are reasonable grounds for suspecting that evidential material is or will be in the person’s possession.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 38.

Item 386 - Subsection 38C(2)

448.           This item inserts ‘or Judge’ after the last occurring ‘Magistrate’ in subsection 38C(1).  Subsection 38C(2) enables a Magistrate to issue a warrant for an ordinary search or frisk search of a person, if satisfied that there are reasonable grounds for suspecting that evidential material is or will be in the person’s possession.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 38.

Item 387 - Subsection 38C(8)

449.           This item repeals subsection 38C(8).  Subsection 39C(8) clarifies that subsections (6) and (7) do not apply if the Magistrate is a Federal Magistrate.  Reference to Federal Magistrate is no longer necessary due to the new title new title of Federal Magistrate as ‘Judge’.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’.

Item 388 - Subsection 38D(1)

450.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘If the Magistrate’ in subsection 38D(1).  Subsection 38D(1) provides that where a Magistrate issues a search warrant, he or she must state in the warrant those things set out in paragraphs 38D(1)(a) to (f).  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 38.

Item 389 - Subsection 38D(1)

451.           This item inserts ‘or Judge’ after the last occurring ‘Magistrate’ in subsection 38D(1).  Subsection 38D(1) provides that where a Magistrate issues a search warrant, he or she must state in the warrant those things set out in paragraphs 38D(1)(a) to (f).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 38.

Item 390 - Subsections 38D(3) and (4)

452.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘Magistrate’ in subsections 38D(3) and (4).  Subsection 38D(3) sets out things the Magistrate must state in a warrant relating to premises and subsection 38D(4) sets out things the Magistrate must state in a warrant relating to a person, in addition to the content of the warrants as set out in subsection 38D(1).  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 38.

Item 391 - Subsection 38H(1)

453.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a Magistrate’ in subsection 38H(1).  Subsection 38H(1) provides that a police officer may apply to a Magistrate for a warrant by electronic means in urgent cases or where seeking the warrant in person would cause delay and frustrate the effective execution of the warrant.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 38.

Item 392 - Subsections 38H(2) and (3)

454.           This item inserts ‘or Judge’ after ‘Magistrate’ in subsections 38H(2) and (3).  Subsection 38H(2) provides that the Magistrate deciding a warrant application under subsection 38H(1) may require communication by voice, where that is practicable.  Subsection 38H(3) provides that in making the application, the police officer must give to the Magistrate all required information for the issue of a warrant under section 38C, but if necessary the application may be made before the information is sworn.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 38.

Item 393 - Subsection 38H(4)

455.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a Magistrate’ in subsection 38H(4).  Subsection 38H(4) provides that if an application is made to a Magistrate under section 38H, and certain circumstances are satisfied, the Magistrate may complete and sign the same form of warrant that would be issued under section 38C.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 38.

Item 394 - Subsection 38H(4)

456.           This item inserts ‘or Judge’ after wherever ‘the Magistrate’ occurs in subsection 38H(4).  Subsection 38H(4) provides that if an application is made to a Magistrate under section 38H, and certain circumstances are satisfied, the Magistrate may complete and sign the same form of warrant that would be issued under section 38C.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 38.

Item 395  - Subsection 38I (1)

457.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘If the Magistrate’ in subsection 38I(1).  Subsection 38I(1) provides that if the Magistrate decides to issue the warrant under section 38H, he or she is to inform the applicant by telephone, fax or other electronic means of the terms of the warrant and the day and time it was signed.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 38.

Item 396 - Subsection 38I (1)

458.           This item inserts ‘or Judge’ after the last occuring ‘Magistrate’ in subsection 38I(1).  Subsection 38I(1) provides that if the Magistrate decides to issue the warrant under section 38H, he or she is to inform the applicant by telephone, fax or other electronic means of the terms of the warrant and the day and time it was signed.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 38.

Item 397 - Subsections 38I (2), (3), (4) and (5)

459.           This item inserts ‘or Judge’ after ‘Magistrate’, wherever it occurs in subsections 38I(2), (3), (4) and (5).  Along with subsection 38I(1), subsections 38I(2) to (5) provide for formalities relating to warrants issued by telephone, fax, or other electronic means.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 38.

Item 398 - Subsection 38K(5)

460.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘Magistrate’ in subsection 38K(5).  Where a copy of a warrant is required to be shown or made available under section 38K, subsection 38K(5) provides that the copy of the warrant does not have to include the signature of the Magistrate who issued it.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 38.

Item 399 - Subsection 38N(7)

461.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘Magistrate’ in subsection 38N(7).  Where electronic equipment is to be used in the execution of a warrant and the equipment requires expert assistance to operate the equipment, subsection 38N(5) enables the equipment to be secured for up to 24 hours.  Subsection 38N(7) provides that if the executing officer or officer assisting believes on reasonable grounds that the expert assistance will be unavailable within 24 hours, he or she may apply to the Magistrate who issued the warrant for an extension.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 38.

Item 400 - Paragraph 38Z(a)

462.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a Magistrate’ in paragraph 38Z(a).  Paragraph 38Z(a) makes it an offence for a person to state the name of a Magistrate in a document that purports to be a form of warrant under section 38H unless that Magistrate issued the warrant.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 38.

Item 401 - Paragraph 38Z(a)

463.           This item inserts ‘or Judge’ after ‘that Magistrate’ in paragraph 38Z(a).  Paragraph 38Z(a) makes it an offence for a person to state the name of a Magistrate in a document that purports to be a form of warrant under section 38H unless that Magistrate issued the warrant.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 38.

Item 402 - Paragraph 38Z(b)

464.           This item inserts ‘or Judge’ after ‘Magistrate’ in paragraph 38Z(b).  Paragraph 38Z(b) makes it an offence if a person states on a form of warrant under section 38H a matter that, to the person’s knowledge, departs in a material particular from the form authorised by the Magistrate.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 38.

Item 403 - Subparagraphs 38Z(c)(i) and (ii)

465.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a Magistrate’ in subparagraphs 38Z(c)(i) and (ii).  Subparagraphs 38Z(c)(i) and (ii) make it an offence for a person to purport to execute, or present to a person, a document that purports to be a form of warrant under section 38H that the person knows has not been approved by a Magistrate or which departs in a material particular from the terms authorised by a Magistrate.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 38.

Item 404 - Paragraph 38Z(d)

466.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a Magistrate’ in paragraph 38Z(d).  Paragraph 38Z(d) makes it an offence for a person to send to a Magistrate a form of warrant under section 38H that is not the form of warrant that the person purported to execute.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 38.

Item 405 - Paragraph 38ZB(1)(a)

467.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a Magistrate’ in paragraph 38ZB(1)(a).  Subsection 38ZB(1) provides for circumstances where a police officer may, without warrant, arrest a person released on bail by order of a Magistrate.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 38.

Item 406 - At the end of subsection 38ZB(2)

468.           This item inserts ‘or eligible Federal Circuit Court Judge’ at the end of subsection 38ZB(2).  Subsection 38ZB(2) provides that a person arrested by a police officer under subsection 38ZB(1) must, as soon as practicable, be brought before a Magistrate.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 38.

Item 407 - Section 38ZC (heading)

469.           This item repeals the heading to section 38ZC and inserts: ‘38ZC Federal Circuit Court Judges—consent to nomination’.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’.

Item 408 - Subsections 38ZC(1) and (2)

470.           This item updates the reference to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court of Australia’ in subsections 38ZC(1) and (2). Subsections 38ZC(1) and (2) provide that a Federal Magistrate may, by writing, consent to being nominated by the Attorney-General, and that the Attorney-General may, in writing, nominate the Federal Magistrate to be a Magistrate for the purposes of the Mutual Assistance in Criminal Matters Act 1987.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 38.

Item 409 - Subsection 38ZC(2)

471.           This item updates the reference to ‘a Magistrate’ to be ‘an eligible Federal Circuit Court Judge’ in subsection 38ZC(2). Subsections 38ZC(2) provides that the Attorney-General may, in writing, nominate a Federal Magistrate to be a Magistrate for the purposes of the Mutual Assistance in Criminal Matters Act 1987 , subject to consent by the Federal Magistrate This consequential amendment operates with item 376 to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 38.

Item 410 - Section 38ZD (heading)

472.           This item repeals the heading to section 38ZD and inserts: ‘38ZD Magistrates and Federal Circuit Court Judges—personal capacity’.  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’.

Item 411 - Subsection 38ZD(1)

473.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘a Magistrate’ in subsection 38ZD(1).  Subsection 38ZD(1) provides that a function or power conferred on a Magistrate by this Act is conferred on the Magistrate in a personal capacity and not as a court or a member of a court.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 38.

Item 412 - Subsection 38ZD(1)

474.           This item inserts ‘or Judge’ after ‘the Magistrate’ in subsection 38ZD(1).  Subsection 38ZD(1) provides that a function or power conferred on a Magistrate by this Act is conferred on the Magistrate in a personal capacity and not as a court or a member of a court.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 38.

Item 413 - Subsection 38ZD(2)

475.           This item repeals ‘(other than a Federal Magistrate)’ in subsection 38ZD(2).  Subsection 38ZD(2) provides that a Magistrate, other than a Federal Magistrate, need not accept a function or power conferred under the Mutual Assistance in Criminal Matters Act 1987 .  Reference to Federal Magistrate is no longer necessary due to the new title new title of Federal Magistrate as ‘Judge’.  This consequential amendment operates with item 376 to reflect the new title of Federal Magistrate as ‘Judge’.

Item 414 - Subsection 38ZD(3)

476.           This item inserts ‘or eligible Federal Circuit Court Judge’ after ‘A Magistrate’ in subsection 38ZD(3).  Subsection 38ZD(3) provides that in relation to the exercise of a function or power conferred on the Magistrate by the Mutual Assistance in Criminal Matters Act 1987 , the Magistrate has the same protection and immunity as if he or she were exercising that function or power as the court or as a member of the court of which the Magistrate is a member.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 38.

Item 415 - Subsection 38ZD(3)

477.           This item inserts ‘or Judge’ after ‘the Magistrate’, wherever it occurs in subsection 38ZD(3).  Subsection 38ZD(3) provides that in relation to the exercise of a function or power conferred on the Magistrate by the Mutual Assistance in Criminal Matters Act 1987 , the Magistrate has the same protection and immunity as if he or she were exercising that function or power as the court or as a member of the court of which the Magistrate is a member.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’, and does not alter the functions which are conferred under section 38.

Item 416 - Paragraph 44(c)

478.           This item inserts ‘or eligible Federal Circuit Court Judges’ after ‘Magistrates’, wherever it occurs in paragraph 44(c).  Paragraph 44(c) provides that the Governor-General may make regulations, not inconsistent with the Mutual Assistance in Criminal Matters Act 1987 , prescribing the practice and procedure in relation to the performance by Magistrates of functions under this Act.  The expression ‘eligible Federal Circuit Court Judge’ will be defined in the Act (see item 351 of Schedule 1 to this Bill).  This is a consequential amendment to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court, and does not alter the functions which are conferred under section 44.

Item 417 - Saving Provision

479.           This item provides for existing consents and nominations under subsections 38ZC(1) and (2) of the Mutual Assistance in Criminal Matters Act 1987 to continue in force, and things done by or in relation to a Federal Magistrate as an issuing authority to have effect under the new title of Federal Magistrates as ‘Judge’, after commencement of this item.

480.           This item also provides that a thing done by, or in relation to, a Federal Magistrate under the Mutual Assistance in Criminal Matters Act 1987 will continue in force, and things done by or in relation to a Federal Magistrate as an issuing authority to have effect under the new title of Federal Magistrates as ‘Judge’, after commencement of this item.

481.           This item reflects this Bill’s intention to preserve the continuity of existing arrangements for functions exercised by a Federal Magistrate under the new title of ‘Judge’.  The Bill does not alter the nature or conditions of exercise of these functions conferred under legislation.  This item has been included to ensure certainty of existing arrangements.  This item does not limit the operation of section 7 or subsection 25B(1) of the Acts Interpretation Act 1901 (see item 3 of Schedule 4 to this Bill).

National Consumer Credit Protection Act 2009      

Item 418 - Subsection 5(1)

482.           This item inserts a definition of ‘Federal Circuit Court’ in subsection 5(1).  Subsection 5(1) provides definitions of expressions used in the Act.  ‘Federal Circuit Court’ will be defined to mean the Federal Circuit Court of Australia.

Item 419 - Subsection 191(2) (note 2)

483.           This item updates the reference to the ‘ Federal Magistrates Act 1999 ’ to be the ‘ Federal Circuit Court of Australia Act 1999 ’ in Note 2 to subsection 191(2).  Note 2 refers to section 39 of the Federal Magistrates Act 1999 .  This consequential amendment will update Note 2 to subsection 191(2) to reflect the new short title of the Act (see Schedule 1 of the Federal Circuit Court of Australia Legislation Amendment Bill 2012).       

National Greenhouse and Energy Reporting Act 2007       

Item 420 - Section 7 (paragraph (b) of the definition of court )

484.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court of Australia’ in paragraph (b) of the definition of ‘court’ in section 7.  Section 7 provides definitions of expressions used in the Act.  The expression ‘court’ is defined to mean the Federal Court of Australia or the Federal Magistrates Court.  This consequential amendment will update paragraph (b) to reflect the new name of the Court.

National Measurement Act 1960

Item 421 - Section 19K (heading)

485.           This item repeals the heading to section 19K and inserts the new heading:

‘19K Jurisdiction of the Federal Court of Australia and the Federal Circuit Court of Australia’.   This consequential amendment will insert a new heading to section 19K to reflect the new name of the Court.

National Vocational Education and Training Regulator Act 2011

Item 422 - Section 3 (paragraph (b) of the definition of enforcement warrant )

486.           This item updates the reference to ‘a magistrate’ to be ‘an issuing officer’ in paragraph (b) of the definition of ‘enforcement warrant’ in section 3.  ‘Issuing officer’ will be defined to include Judges of the Federal Circuit Court (see item 425 of this Bill). 

Item 423 - Section 3

487.           This item inserts a definition of ‘Federal Circuit Court’ into section 3.  Section 3 provides definitions for the purposes of the Act.  This amendment will define ‘ Federal Circuit Court’ to mean the Federal Circuit Court of Australia.

 

Item 424 - Section 3 (definition of Federal Magistrate )

488.           This item repeals the definition of ‘Federal Magistrate’ in section 3.  A definition of ‘Federal Magistrate’ is no longer necessary due to the new title of Federal Magistrate as ‘Judge’.  Judges of the Federal Circuit Court will be included in the definition of ‘issuing officer’ to be inserted by item 425 of this Bill.

Item 425 - Section 3

489.           This item inserts a definition of ‘issuing officer’ into section 3.  ‘Issuing officer’ will be defined to mean a magistrate or a Judge of the Federal Circuit Court in respect of whom consent under subsection 91(1) and a nomination under subsection 91(2) are in force.  This definition will ensure that Judges of the Federal Circuit Court are able to issue enforcement warrants under the Act, if consent under subsection 91(1) and a nomination under subsection 92(1) are in force.

Item 426 - Section 3 (definition of magistrate )

490.           This item repeals the definition of ‘magistrate’ in section 3.  Section 3 provides definitions of expressions used in the Act.  The expression ‘magistrate’ is defined as including Federal Magistrates.  This consequential amendment will repeal the definition of ‘magistrate’ as it is no longer necessary due to the new title of Federal Magistrate as ‘Judge’ and the insertion of the definition of ‘issuing officer’ (see item 425).

Item 427 - Subsection 67(6)

491.           This item updates the reference to ‘a magistrate’ to be ‘an issuing officer’ in subsection 67(6).  Subsection 67(6) provides for an authorised officer to apply to a magistrate to secure a thing for monitoring purposes for longer than twenty four hours, if the authorised officer believes on reasonable grounds that this is necessary.  This consequential amendment will update subsection 67(6) to reflect the new definition of ‘issuing officer’ in section 3 (see item 425). 

Item 428 - Paragraph 74(2)(a)

492.           This item updates the reference to ‘magistrate’ to be ‘issuing officer’ in paragraph 74(2)(a).  Paragraph 74(2)(a) requires an authorised officer executing an enforcement warrant issued by a magistrate to be in possession of a copy of that warrant while executing it.  This consequential amendment will update paragraph 74(2)(a) to reflect the new definition of ‘issuing officer’ in section 3 (see item 425).

Item 429 - Paragraph 75(c)(i)

493.           This item updates the reference to ‘magistrate’ to be ‘issuing officer’ in paragraph 75(c)(i).  Section 75 imposes obligations on an authorised officer executing a warrant in relation to premises in the presence of the occupier of those premises, and paragraph 75(c)(i) provides that a copy of the warrant made available to the occupier of premises need not include the signature of the magistrate who issued the warrant.  This consequential amendment will update paragraph 75(c)(i) to reflect the new definition of ‘issuing officer’ in section 3 (see item 425).

Item 430 - Subsection 76(6)

494.           This item updates the reference to ‘a magistrate’ to be ‘an issuing officer’ in subsection 76(6).  Subsection 76(6) allows an authorised officer to apply to a magistrate to secure a thing for monitoring purposes for longer than 24 hours, if the authorised officer believes on reasonable grounds that this is necessary.  This consequential amendment will update subsection 76(6) to reflect the new definition of ‘issuing officer’ in section 3 (see item 425).

Item 431 - Section 83 (heading)

495.           This item repeals the heading to section 83 and inserts the new heading: ‘83 Issuing officer may permit a thing to be retained’.   This consequential amendment will insert a new heading to section 83 to reflect the new definition of ‘issuing officer’ in section 3 (see item 425).

Item 432 - Subsection 83(1)

496.           This item updates the references to ‘a magistrate’ to be ‘an issuing officer’ wherever it occurs in subsection 83(1).  Subsection 83(1) provides that an authorised officer may apply to a magistrate for an order permitting the retention of a thing for an extended period if proceedings in relation to which the thing may provide evidence have not begun within 60 days, or another period specified in a previous warrant issued by a magistrate, of the thing having been seized.  This consequential amendment will update subsection 83(1) to reflect the new definition of ‘issuing officer’ in section 3 (see item 425).

Item 433 - Subsection 83(2)

497.           This item updates the references to ‘magistrate’ to be ‘issuing officer’ wherever it in subsection 83(2).  Subsection 83(2) provides that a magistrate may order that a thing be retained for a period not exceeding three years if satisfied that this is necessary for the investigation of certain alleged offences or contravention of certain civil penalties, or to enable evidence to be secured for a prosecution or civil penalty proceedings.  This consequential amendment will update subsection 83(2) to reflect the new definition of ‘issuing officer’ in section 3 (see item 425).

Item 434 - Subsection 85(1)

498.           This item updates the reference to ‘a magistrate’ to be ‘an issuing officer’ in subsection 85(1).  Subsection 85(1) provides that an authorised officer may apply to a magistrate for a monitoring warrant in relation to premises.  This consequential amendment will update subsection 85(1) to reflect the new definition of ‘issuing officer’ in section 3 (see item 425).

Item 435 - Subsections 85(2) and (3)

499.           This item amends references to ‘magistrate’ to be ‘issuing officer’ wherever it occurs in subsections 85(2) and (3).  Subsections 85(2) and (3) provide that a magistrate may issue a monitoring warrant applied for by an authorised officer under subsection 85(1) if satisfied that it is reasonably necessary for one or more authorised officers to have access to the premises for the purposes of assessing compliance with this Act or determining the correctness of information provided under this Act.  This consequential amendment will update subsections 85(2) and (3) to reflect the new definition of ‘issuing officer’ in section 3 (see item 425).

Item 436 - Subsection 86(1)

500.           This item updates the reference to ‘a magistrate’ to be ‘an issuing officer’ in subsection 86(1).  Subsection 86(1) provides that an authorised officer may apply to a magistrate for an enforcement warrant in relation to premises.  This consequential amendment will update subsection 86(1) to reflect the new definition of ‘issuing officer’ in section 3 (see item 425).

Item 437 - Subsections 86(2) and (3)

501.           This item updates the references to ‘magistrate’ to be ‘issuing officer’ wherever it occurs in subsections 86(2) and (3).  Subsections 86(2) and (3) provide that a magistrate may issue an enforcement warrant applied for by an authorised officer under subsection 86(1) if satisfied there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, evidential material on the premises.  This consequential amendment will update subsections 86(2) and (3) to reflect the new definition of ‘issuing officer’ in section 3 (see item 425).

Item 438 - Subsection 87(1)

502.           This item updates the reference to ‘a magistrate’ to be ‘an issuing officer’ in subsection 87(1).  Subsection 87(1) allows an authorised officer to apply for a warrant under subsection 86(1) by telephone, fax or other electronic means in an urgent case or where the officer believes on reasonable grounds that delay caused by having to make the application in person would frustrate the effective execution of the warrant.  This consequential amendment will update subsection 87(1) to reflect the new definition of ‘issuing officer’ in section 3 (see item 425).

Item 439 - Subsections 87(2), (4), (5) and (6)

503.           This item updates references to ‘magistrate’ to be ‘issuing officer’ wherever it occurs in subsections 87(2), (4), (5) and (6).  These provisions allow for the magistrate to sign a warrant sought under subsection 87(1), advise the authorised officer seeking the warrant of its terms, and provide for the authorised officer to sign a form of warrant in the same terms as the warrant completed and signed by the magistrate.  This consequential amendment will update subsections 87(2), (4), (5) and (6) to reflect the new definition of ‘issuing officer’ in section 3 (see item 425).

Item 440 - Subsection 87(7) (heading)

504.           This item repeals the heading to subsection 87(7) and inserts the new heading: ‘ Completed form of warrant to be given to issuing officer’.   This consequential amendment will insert a new heading to section 87(7) to reflect the new definition of ‘issuing officer’ in section 3 (see item 425).

Item 441 - Subsections 87(7), (8), (9) and (10)

505.           This item updates references to ‘magistrate’ to be ‘issuing officer’ wherever it occurs in subsections 87(7), (8), (9) and (10).  These subsections provide for the completion of a form of warrant.  This consequential amendment will update subsections 87(7), (8), (9) and (10) to reflect the new definition of ‘issuing officer’ in section 3 (see item 425).

Item 442 - Paragraph 88(a)

506.           This item updates the reference to ‘a magistrate’ to be ‘an issuing officer’ in paragraph 88(a).  Paragraph 88(a) provides that it is an offence for an authorised officer to use the name of a magistrate in a document that purports to be a form of warrant, unless the magistrate has signed that warrant.  This consequential amendment will update paragraph 88(a) to reflect the new definition of ‘issuing officer’ in section 3 (see item 425).

Item 443 - Paragraph 88(a)

507.           This item updates the reference to ‘that magistrate’ to be ‘that issuing officer’ in paragraph 88(a).  Paragraph 88(a) provides circumstances when an authorised officer commits an offence under the Act.   This consequential amendment will update paragraph 88(a) to reflect the new definition of ‘issuing officer’ in section 3 (see item 425).

Item 444 - Paragraph 88(b)

508.           This item updates the reference to ‘magistrate’ to be ‘issuing officer’ in paragraph 88(b).  Paragraph 88(b) provides that it is an offence for an authorised officer to knowingly state on a form of warrant information that materially departs from the terms of a warrant signed by a magistrate.  This consequential amendment will update paragraph 88(b) to reflect the new definition of ‘issuing officer’ in section 3 (see item 425).

Item 445 - Paragraphs 88(c) and (d)

509.           This item updates references to ‘a magistrate’ to be ‘issuing officer’ wherever it occurs in paragraphs 88(c) and (d).  Paragraph 88(c) provides that it is an offence for an authorised officer to execute or present to another person a document that the officer knows has not been approved by a magistrate or materially departs from a form of warrant signed by a magistrate.  Paragraph 88(d) provides that it is an offence for an authorised officer to give to a magistrate a form of warrant that is not the same as the form of warrant that the officer purported to exercise.  This consequential amendment will update paragraphs 88(c) and (d) to reflect the new definition of ‘issuing officer’ in section 3 (see item 425).

Item 446 - Subdivision G of Division 2 of Part 5 (heading)

510.           This item repeals the heading to Subdivision G of Division 2 of Part 5 and inserts the new heading: ‘ Subdivision G - Powers of issuing officers’.   This consequential amendment will insert a new heading to Subdivision G of Division 2 of Part 5 to reflect the new definition of ‘issuing officer’ in section 3 (see item 425).

 

 

Item 447 - Section 91 (heading)

511.           This item repeals the heading to section 91 and inserts the new heading: ‘91 Federal Circuit Court Judges—consent to nomination’.   This consequential amendment will insert a new heading to section 91 to reflect the new definition of ‘issuing officer’ in section 3 (see item 425).

Item 448 - Subsections 91(1) and (2)

512.           This item updates references to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court’ wherever it occurs in subsections 91(1) and (2).  Subsection 91(1) provides that a Federal Magistrate may consent in writing to being nominated by the Minister to be a magistrate for the purposes of this Act, and subsection 91(2) provides for the Minister to make this nomination once consent is in force.  This consequential amendment will update subsections 91(1) and (2) to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court.

Item 449 - Subsection 91(2)

513.           This item updates the reference to ‘a magistrate’ to be ‘an issuing officer’ in subsection 91(2).  Subsection 91(2) provides that the Minister may nominate a Federal Magistrate to be a magistrate for the purposes of this Act, if the Federal Magistrate has given a written consent under subsection 91(1).  This consequential amendment will update subsection 91(2) to reflect the new definition of ‘issuing officer’ in section 3 (see item 425).

Item 450 - Section 92 (heading)

514.           This item repeals the heading to section 92 and inserts the new heading: ‘92 Issuing officers—personal capacity’.   This consequential amendment will insert a new heading to section 92 to reflect the new definition of ‘issuing officer’ in section 3 (see item 425).

Item 451 - Subsection 92(1)

515.           This item updates the reference to ‘a magistrate’ to be ‘an issuing officer’.  Subsection 92(1) provides that a power conferred on a magistrate under Part 5 Division 2 is conferred on the magistrate in his or her personal capacity and not as a court or a member of a court.  This consequential amendment will update subsection 92(1) to reflect the new definition of ‘issuing officer’ in section 3 (see item 425).

Item 452 - Subsection 92(1)

516.           This item updates the reference to ‘the magistrate’ to be ‘the issuing officer’ in subsection 92(1).  Subsection 92(1) provides that a power conferred on a magistrate under Part 5 Division 2 is conferred on the magistrate in a personal capacity and not as a court or a member of a court.  This consequential amendment will update subsection 92(1) to reflect the new definition of ‘issuing officer’ in section 3 (see item 425).

Item 453 - Subsection 92(2)

517.           This item amends the reference to ‘magistrate’ in subsection 92(1) to ‘issuing officer’.  Subsection 92(1) provides that a power conferred on a magistrate under Part 5 Division 2 is conferred on the magistrate in a personal capacity and not as a court or a member of a court.  This consequential amendment will update subsection 92(2) to reflect the new definition of ‘issuing officer’ in section 3 (see item 425).

Item 454 - Subsection 92(2)

518.           This item amends the reference to ‘Federal Magistrate’ in subsection 92(2) to ‘Judge of the Federal Circuit Court’.  Subsection 92(2) provides that a magistrate (other than a Federal Magistrate) need not accept the power conferred need not accept a power conferred under Part 5 Division 2.  This consequential amendment will update subsection 92(2) to reflect the title of Federal Magistrates as ‘Judge’ and the new name of the Court.

Item 455 - Subsection 92(3)

519.           This item updates the reference to ‘A magistrate’ to be ‘An issuing officer’ in subsection 92(3).  Subsection 92(3) provides for immunities for a exercising a power under Part 5 Division 2.  This consequential amendment will update subsection 92(3) to reflect the new definition of ‘issuing officer’ in section 3 (see item 425).

Item 456 - Paragraphs 92(3)(a) and (b)

520.           This item updates the references to ‘magistrate’ to be ‘issuing officer’ in paragraphs 92(3)(a) and (b).  Subsection 92(2) provides that a magistrate (other than a Federal Magistrate) need not accept the power conferred need not accept a power conferred under Part 5 Division 2.  This consequential amendment will update paragraphs 92(3)(a) and (b) to reflect the new definition of ‘issuing officer’ in section 3 (see item 425).

Item 457 - Section 137 (heading)

521.           This item repeals the heading to section 137 and inserts the new heading:

‘137  Federal Court or Federal Circuit Court may impose pecuniary penalty’.   This consequential amendment will insert a new heading to section 137 to reflect the new name of the Court. 

Item 458 - Section 154 (heading)

522.           This item repeals the heading to section 154 and inserts the new heading:

‘154  Other powers of the Federal Court or Federal Circuit Court unaffected’.   This consequential amendment will insert a new heading to section 154 to reflect the new name of the Court. 

Item 459 - Saving provisions

523.           This item provides that a consent or nomination in force under subsections 91(1) or 91(2) of the National Vocational Education and Training Regulator Act 2011 in respect of a Federal Magistrate will continue to have effect under the new title of Federal Magistrate as ‘Judge’, after commencement of this item. 

524.           This item also provides that a thing done by, or in relation to, a Federal Magistrate under Division 2 of Part 5 of the National Vocational Education and Training Regulator Act 2011 will continue to have effect under the new title of Federal Magistrate as ‘Judge’, after commencement of this item.

525.           This item reflects this Bill’s intention to preserve the continuity of existing arrangements for functions exercised by a Federal Magistrate under the new title of ‘Judge’.  This item has been included to ensure certainty of existing arrangements.  This item does not limit the operation of section 7 or subsection 25B(1) of the Acts Interpretation Act 1901 (see item 3 of Schedule 4 to this Bill).

Ombudsman Act 1976          

Item 460 - Subsection 3(1) (paragraph (ca) of the definition of chief executive officer of a court or tribunal )

526.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court of Australia’ in paragraph (ca) of the definition of ‘chief executive officer of a court or tribunal’ in subsection 3(1).  Subsection 3(1) provides definitions of expressions used in the Act.  The expression ‘chief executive officer of a court or tribunal’ is defined to include the Chief Executive Officer of the Federal Magistrates Court.  This consequential amendment will update paragraph (ca) to reflect the new name of the Court.

Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 

Item 461 - Section 7 (paragraph (b) of the definition of designated court )

527.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in the definition of ‘designated court’ in section 7.  Section 7 provides definitions of expressions used in the Act.  The expression ‘designated court’ is defined to mean the Federal Court, the Federal Magistrates Court or a court of a State or Territory with relevant jurisdiction under the Act or regulations.  This consequential amendment will update paragraph (b) of the definition of ‘designated court’ to reflect the new name of the Court.

Item 462 - Section 7

528.           This item inserts a definition of ‘Federal Circuit Court’ in section 7.  Section 7 provides definitions of expressions used in the Act.  ‘Federal Circuit Court’ will be defined to mean the Federal Circuit Court of Australia.

Paid Parental Leave Act 2010          

Item 463 - Section 6

529.           This item inserts a new definition of ‘Federal Circuit Court’ in section 6.  Section 6 provides definitions of expressions used in the Act.  ‘Federal Circuit Court’ will be defined to mean the Federal Circuit Court of Australia.

Item 464 - Section 301(heading)

530.           This item repeals the heading to section 301 and inserts the new heading: ‘Jurisdiction of Federal Circuit Court’.  This consequential amendment will insert a new heading to section 301 to reflect the new name of the Court.

Personally Controlled Electronic Health Records Act 2012

Item 465 - Section 5 (paragraph (b) of the definition of Court )

531.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in paragraph (b) of the definition of ‘Court’ in section 5.  The expression ‘Court’ is defined to mean the Federal Court of Australia, the Federal Magistrates Court or a court of a State or Territory that has jurisdiction under the Act.  This consequential amendment will update the definition of ‘Court’ to reflect the new name of the Court.

Personal Property Securities Act 2009         

Item 466 - Section 10

532.           This item inserts a definition of ‘Federal Circuit Court’ in section 10.  Section 10 provides definitions of expressions used in the Act.  ‘ Federal Circuit Court’ will be defined to mean the Federal Circuit Court of Australia

Item 467 - Subsection 210(2) (paragraph (c) of note 2)

533.           This item updates reference to the ‘ Federal Magistrates Act 1999 ’ to be the ‘ Federal Circuit Court of Australia Act 1999 ’ in paragraph (c) of Note 2 to subsection 210(2).  Note 2 refers to matters transferred from the Federal Court of Australia to the Federal Magistrates Court under section 32AB of the Federal Court of Australia Act 1976 .  This consequential amendment will update Note 2 to reflect the new short title of the Act (see Schedule 1 of the Federal Circuit Court of Australia Legislation Amendment Bill 2012).     

Privacy Act 1988       

Item 468 - Subsection 6(1)

534.           This item inserts a definition of ‘Federal Circuit Court’ in subsection 6(1).  Subsection 6(1) provides definitions for the purposes of the Act.  ‘ Federal Circuit Court’ will be defined to mean the Federal Circuit Court of Australia.

Item 469 - Section 55A (heading)

535.           This item repeals the heading to section 55A and inserts the new heading:

‘55A
Proceedings in the Federal Court or Federal Circuit Court to enforce a determination’.  This consequential amendment will insert a new heading to section 55A to reflect the new name of the Court.  

Product Stewardship Act 2011          

Item 470 - Section 6 (definition of Federal Magistrate )

536.           This item repeals the definition of ‘Federal Magistrate’ in section 6.  Section 6 provides definitions of expressions used in the Act.  A definition of ‘Federal Magistrate’ is no longer necessary due to the new title of Federal Magistrate as ‘Judge’.

 

Item 471 - Section 6

537.           This item inserts a definition of ‘issuing officer’ in section 6.  Section 6 will be defined to mean a magistrate or a Judge of the Federal Circuit Court of Australia in respect of whom consent under subsection 87(1) and a nomination under subsection 87(2) are in force.

538.           This amendment operates with item 472 to update references to ‘magistrate’ in the Act to be references to ‘issuing officer’.  The definition of ‘issuing officer’ is based on the existing definition of ‘magistrate’ and will reflect the new title of Federal Magistrate as ‘Judge’.

Item 472 - Section 6 (definition of magistrate )

539.           This item repeals the definition of ‘magistrate’ in section 6.  Section 6 provides definitions of expressions used in the Act.  The expression ‘magistrate’ is defined to include a Federal Magistrate in respect of whom consent under subsection 87(1) and a nomination under subsection 87(2) are in force.  This consequential amendment will repeal the definition of ‘magistrate’ as it is no longer necessary due to the new title of Federal Magistrate as ‘Judge’ and the insertion of the definition of ‘issuing officer’ (see item 471). 

Item 473 - Subsection 76(2)

540.           This item updates the reference to ‘magistrate’ to be ‘issuing officer’ in subsection 76(2).  Subsection 76(2) provides that a copy of a warrant in relation to premises does not need to include the signature of the magistrate who issued it.  This consequential amendment will update subsection 76(2) to reflect the new definition of ‘issuing officer’ in section 6 (see item 471).

Item 474 - Section 82 (heading)

541.           This item repeals the heading to section 82 and inserts the new heading: ‘82 Issuing officer may permit a thing to be retained’.  This consequential amendment will insert a new heading to section 82 to reflect the new definition of ‘issuing officer’ in section 6 (see item 471).

Item 475 - Subsection 82(1)

542.           This item updates references to ‘a magistrate’ to be ‘an issuing officer’ wherever it occurs in subsection 82(1).  Subsection 82(1) provides that the Minister may apply to a magistrate for an order permitting the retention of a seized thing for a further period of time in certain circumstances.  This consequential amendment will update subsection 82(1) to reflect the new definition of ‘issuing officer’ in section 6 (see item 471).

Item 476 - Subsection 82(2)

543.           This item updates references to ‘magistrate’ to be ‘issuing officer’ wherever it occurs in subsection 82(2).  Subsection 82(2) provides that a magistrate may make an order permitting the retention of a specified thing for a further period of time, not exceeding three years, in certain circumstances.  This consequential amendment will update subsection 82(2) to reflect the new definition of ‘issuing officer’ in section 6 (see item 471).

Item 477 - Subsection 84(1)

544.           This item updates the reference to ‘a magistrate’ to be ‘an issuing officer’ in subsection 84(1).  Subsection 84(1) provides that an inspector may apply to a magistrate for a warrant under section 84 in relation to premises.  This consequential amendment will update subsection 84(1) to reflect the new definition of ‘issuing officer’ in section 6 (see item 471). 

Item 478 - Subsections 84(2) and (3)

545.           This item updates references to ‘magistrate’ to be ‘issuing officer’ wherever it occurs in subsections 84(2) and (3).  Subsections 84(2) and (3) provide for a magistrate to issue a warrant in relation to premises in certain circumstances.  This consequential amendment will update subsections 84(2) and (3) to reflect the new definition of ‘issuing officer’ in section 6 (see item 471).   

Item 479 - Subsection 85(1)

546.           This item updates the reference to ‘a magistrate’ to be ‘an issuing officer’ in subsection 85(1).  Subsection 85(1) provides that in urgent cases an inspector may apply to a magistrate for a warrant under section 84 by telephone, fax or other electronic means.  This consequential amendment will update subsection 85(1) to reflect the new definition of ‘issuing officer’ in section 6 (see item 471).

Item 480 - Subsections 85(2) and (5)

547.           This item updates references to ‘magistrate’ to be ‘issuing officer’ wherever it occurs in subsections 85(2) and (5).  Subsections 85(2) and (5) provide for a magistrate to issue a warrant in relation to premises in certain circumstances if the magistrate is satisfied that there are reasonable grounds for issuing the warrant.  This consequential amendment will update subsections 85(2) and (5) to reflect the new definition of ‘issuing officer’ in section 6 (see item 471).   

Item 481 - Subsection 85(6) (heading)

548.           This item repeals the heading to subsection 85(6) and inserts the new heading: ‘Obligations of issuing officer and inspector once warrant issued’.  This consequential amendment will insert a new heading to subsection 85(6) to reflect the new definition of ‘issuing officer’ in section 6 (see item 471).   

Item 482 - Subsections 85(6) to (10)

549.           This item updates references to ‘magistrate’ to be ‘issuing officer’ wherever it occurs in subsections 85(6) to (10).  Subsections 85(6) to (10) provide administrative and notice requirements for a magistrate after issuing a warrant in relation to premises.  This consequential amendment will update subsections 85(6) to (10) to reflect the new definition of ‘issuing officer’ in section 6 (see item 471).   

Item 483 - Paragraph 86(b)

550.           This item updates the reference to ‘magistrate’ to be ‘issuing officer’ in paragraph 86(b).  Paragraph 86(b) provides that a court must assume, unless the contrary is proved, that an exercise of a power was not authorised by a warrant issued under section 85, unless a signed form of warrant is produced in evidence in the proceedings.  This consequential amendment will update paragraph 86(b) to reflect the new definition of ‘issuing officer’ in section 6 (see item 471).    

Item 484 - Subdivision E of Division 2 of Part 6 (heading)

551.           This item repeals the heading to Subdivision E of Division 2 of Part 6 and inserts the new heading: ‘ Subdivision E Powers of issuing officers ’.  This consequential amendment will insert a new heading to Subdivision E of Division 2 of Part 6 to reflect the new definition of ‘issuing officer’ in section 6 (see item 471).   

Item 485 - Section 87 (heading)

552.            This item repeals the heading to section 87 and inserts the new heading: ‘ 87 Federal Circuit Court Judges—consent to nomination ’.  This consequential amendment will insert a new heading to section 87 to reflect the new definition of ‘issuing officer’ in section 6 (see item 471).   

Item 486 - Subsections 87(1) and (2)

553.           This item updates the references to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court of Australia’ in subsections 87(1) and (2).  Subsections 87(1) and (2) provide that a Federal Magistrate may consent to be nominated by the Minister under subsection 87(2) and that the Minister may nominate a consenting Federal Magistrate to be a magistrate for the purposes of the Act.  This consequential amendment will update subsections 87(1) and (2) to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court.  This amendment does not alter the continuity of functions conferred on Federal Magistrates under subsections 87(1) and (2).  

Item 487 - Subsection 87(2)

554.           This item updates the reference to ‘a magistrate’ to be ‘an issuing officer’ in subsection 87(2).  Subsection 87(2) provides that that the Minister may nominate a consenting Federal Magistrate to be a magistrate for the purposes of the Act.  This consequential amendment will update subsection 87(2) to reflect the new definition of ‘issuing officer’ in section 6 (see item 471).    

Item 488 - Section 88 (heading)

555.           This item repeals the heading to section 88 and inserts the new heading: ‘88 Powers of issuing officers’.  This consequential amendment will insert a new heading to section 88 to reflect the new definition of ‘issuing officer’ in section 6 (see item 471).   

Item 489 - Subsection 88(1)

556.           This item updates the reference to ‘a magistrate’ to be ‘an issuing officer’ in subsection 88(1).  Subsection 88(1) provides that a power conferred on a magistrate under Division 2 is conferred on the magistrate in a personal capacity and not as a court or a member of a court.  This consequential amendment will update subsection 88(1) to reflect the new definition of ‘issuing officer’ in section 6 (see item 471).    

Item 490 - Subsection 88(1)

557.           This item updates reference to ‘the magistrate’ to be ‘the issuing officer’ in subsection 88(1).  Subsection 88(1) provides that a power conferred on a magistrate under Division 2 is conferred on the magistrate in a personal capacity and not as a court or a member of a court.  This consequential amendment will update subsection 88(1) to reflect the new definition of ‘issuing officer’ in section 6 (see item 471).      

Item 491 - Subsection 88(2)

558.           This item updates the reference to ‘magistrate’ to be ‘issuing officer’ in subsection 88(2).  Subsection 88(2) provides that a magistrate (other than a Federal Magistrate) who has a power conferred under subsection 88(1) need not accept the power conferred.  This consequential amendment will update subsection 88(2) to reflect the new definition of ‘issuing officer’ in section 6 (see item 471).      

Item 492 - Subsection 88(2)

559.           This item updates the reference to ‘Federal Magistrate’ to be ‘Judge of the Federal Court of Australia’ in subsection 88(2).  Subsection 88(2) provides that a magistrate (other than a Federal Magistrate) who has a power conferred under subsection 88(1) need not accept the power conferred.  This consequential amendment will update subsection 88(2) to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court.

Item 493 - Subsection 88(3)

560.           This item updates the reference to ‘A magistrate’ to be ‘An issuing officer’ in subsection 88(3).  Subsection 88(3) provides that a magistrate exercising a power conferred under Division 2 has the same protection and immunity as if he or she were exercising the power as the court of which the magistrate is a member, or as a member of the court of which the magistrate is a member.  This consequential amendment will update subsection 88(3) to reflect the new definition of ‘issuing officer’ in section 6 (see item 471).      

Item 494 - Paragraphs 88(3)(a) and (b)

561.           This item updates the references to ‘magistrate’ to be ‘issuing officer’ in paragraphs 88(3)(a) and (b).  Paragraphs 88(3)(a) and (b) provide that a magistrate exercising a power conferred under Division 2 has the same protection and immunity as if he or she were exercising the power as the court of which the magistrate is a member, or as a member of the court of which the magistrate is a member.  This consequential amendment will update paragraphs 88(3)(a) and (b) to reflect the new definition of ‘issuing officer’ in section 6 (see item 471).      

Item 495 - Saving provisions

562.           This item provides for existing consents and nominations in force under subsections 87(1) and 87(2) of the Product Stewardship Act 2011 to continue in force and continue to have effect under the new title of Federal Magistrate as ‘Judge’, after commencement of this item.

563.           This item also provides that a thing done by, or in relation to, a magistrate under Division 2 of Part 6 of the Product Stewardship Act 2011 will continue in force, and things done by or in relation to a Federal Magistrate as an issuing authority to have effect under the new title of Federal Magistrate as ‘Judge’, after commencement of this item.

564.           This item reflects this Bill’s intention to preserve the continuity of existing arrangements for functions exercised by a Federal Magistrates under their new title of ‘Judge’.  The Bill does not alter the nature or conditions of exercise of these functions conferred under legislation.  This item has been included to ensure certainty of existing arrangements.  This item does not limit the operation of section 7 or subsection 25B(1) of the Acts Interpretation Act 1901 (see item 3 of Schedule 4 to this Bill).

Renewable Energy (Electricity) Act 2000

Item 496 - Subsection 5(1)

565.           This item inserts a definition of ‘Federal Circuit Court’ in subsection 5(1).  Subsection 5(1) provides definitions of expressions used in the Act.  ‘Federal Circuit Court’ will be defined to mean the Federal Circuit Court of Australia.

Item 497 - Subsection 154A(1) (paragraph (b) of the definition of Court )

566.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in paragraph (b) of the definition of ‘Court’ in subsection 154A(1).  Section 154A(1) provides definitions of expressions used in Division 1 of Part 15A.  The expression ‘Court’ is defined to include the Federal Magistrates Court.  This consequential amendment will update paragraph (b) of the definition of ‘court’ to reflect the new name of the Court.

Resale Royalty Right for Visual Artists Act 2009     

Item 498 - Section 3

567.           This item inserts a definition of ‘Federal Circuit Court’ in section 3.  Section 3 provides definitions of expressions used in the Act.  ‘Federal Circuit Court’ will be defined to mean the Federal Circuit Court of Australia.

Item 499 - Section 51 (heading)

This item repeals the heading to section 51 and inserts the new heading:

51 Jurisdiction of the Federal Circuit Court ’.  This consequential amendment will insert a new heading to section 51 to reflect the new name of the Court.

Road Safety Remuneration Act 2012           

Item 500 - Section 4

568.           This item inserts a definition of ‘Federal Circuit Court’ in section 4.  Section 4 provides definitions of expressions used in the Act.  ‘Federal Circuit Court’ will be defined to mean the Federal Circuit Court of Australia.

 

Item 501 - Subsection 49(1) (heading)

569.           This item repeals the heading to subsection 49(1) and inserts the new heading: ‘Federal Court and Federal Circuit Court’.  This consequential amendment will insert a new heading to subsection 49(1) to reflect the new name of the Court.

Item 502 - Subdivision B of Division 2 of Part 5 (heading)

570.           This item repeals the heading to subdivision B of Division 2 of Part 5 and inserts the new heading: ‘Subdivision B—Jurisdiction and powers of the Federal Circuit Court’.  This consequential amendment will insert a new heading to subdivision B of Division 2 of Part 5 to reflect the new name of the Court.

Item 503 - Section 66 (heading)

571.           This item repeals the heading to section 66 and inserts the new heading: ‘Conferring jurisdiction on the Federal Circuit Court’.  This consequential amendment will insert a new heading to section 66 to reflect the new name of the Court.

Item 504 - Section 67 (heading)

572.           This item repeals the heading to section 67 and inserts the new heading: ‘Exercising jurisdiction in the Fair Work Division of the Federal Circuit Court’.  This consequential amendment will insert a new heading to section 67 to reflect the new name of the Court.

Item 505 - Paragraphs 67(b) and (c)

573.           This item updates references to ‘ Federal Magistrates Act 1999 ’ to be ‘ Federal Circuit Court of Australia Act 1999 ’ in paragraphs 67(b) and (c).   Paragraphs 67(b) and (c) provide for jurisdiction conferred on the Federal Magistrates Court under section 66 to be exercised in the Fair Work Division of the Court in certain circumstances, including where an injunction or declaration is sought under the Federal Magistrates Act 1999 in relation to matters arising under the Fair Work Act 2009 .  This consequential amendment will update paragraphs 67(b) and (c) to reflect the new short title of the Act (see Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012).

Item 506 - Section 68 (heading)

574.           This item repeals the heading to section 68 and inserts the new heading: ‘No limitation on Federal Circuit Court’s powers’.  This consequential amendment will insert a new heading to section 68 to reflect the new name of the Court.

Item 507 - Section 68

575.                This item updates the reference to ‘Federal Magistrates Court’s’ to be ‘Federal Circuit Court’s’ in section 68.   Section 68 clarifies that the Road Safety Remuneration Act 2012 does not limit the Federal Magistrates Court’s powers under section 14, 15 and 16 of the Federal Magistrates Act 1999 .  This consequential amendment will update section 68 to reflect the new name of the Court.

 

Item 508 - Section 68

576.           This item updates the reference to ‘ Federal Magistrates Act 1999 ’ to be ‘ Federal Circuit Court of Australia Act 1999 ’ in section 68.   Section 68 clarifies that the Road Safety Remuneration Act 2012 does not limit the Federal Magistrates Court’s powers under section 14, 15 and 16 of the Federal Magistrates Act 1999 .  This consequential amendment will update section 68 to reflect the new short title of the Act (see Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012).

Superannuation Industry (Supervision) Act 1993   

Item 509 - Section 336JB (table item 1)

577.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in item 1 of the table to section 336JB of the Act.  Section 336JB provides for the application of civil penalty provisions in subsection 539(2) Fair Work Act 2009 to the requirement to give information, including providing for courts which have jurisdiction.  This consequential amendment will update the table in subsection 336JB to reflect the new name of the Court.   

Taxation Administration Act 1953   

Item 510 - Section 17A (heading)

578.           This item repeals the heading to section 17A and inserts the new heading: 

17A Powers of Federal Court and Federal Circuit Court in respect of taxation matters ’.  This consequential amendment will insert a new heading to section 17A to reflect the new name of the Court.

Item 511 - Subsection 17A(2)

579.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court of Australia’ in subsection 17A(2).  Subsection 17A(2) provides that t he Federal Magistrates Court must not exercise certain powers under the Administrative Decisions (Judicial Review) Act 1977 when reviewing a Tribunal decision relating to taxation law.  This consequential amendment will update the subsection 17A(2) to reflect the new name of the Court.

Telecommunications (Interception and Access) Act 1979

Item 512 - Subparagraph 6DB(1)(a)(ii)

580.           This item repeals s ubparagraph 6DB(1)(a)(ii).  Subparagraph 6DB(1)(a)(ii) provides that the Minister may appoint a Federal Magistrate as an issuing authority for the purposes of the Act.  ‘Issuing authority’ is defined in section 5 to mean a person in respect of whom an appointment is in force under section 6DB.  This item repeals subparagraph 6DB(1)(a)(ii) as it is no longer necessary due to the new title of Federal Magistrate as ‘Judge’ and the existing reference to ‘a judge of a court created by the Parliament’ in subparagraph 6DB(1)(a)(i).     

581.           Repealing subparagraph 6DB(1)(a)(ii) will not alter the nature or functions which are conferred under the legislation on Federal Magistrates under their new title.  It is intended that a Judge of the Federal Circuit Court of Australia would be ‘a judge of a court created by the Parliament’ under subparagraph 6DB(1)(a)(i).  Saving provisions are included at item 514 to preserve existing consents, nominations and things done by Federal Magistrates under the new title of ‘Judge’. 

Item 513 - Paragraph 6DB(2)(b)

582.           This item repeals paragraph 6DB(2)(b).  Paragraph 6DB(2)(b) provides that a Federal Magistrate may provide written consent to be appointed by the Minister under subsection 6DB(1).  This item repeals paragraph 6DB(2)(b) as it is no longer necessary due to the new title of Federal Magistrate as ‘Judge’ and the existing reference to ‘a judge of a court created by the Parliament’ in subparagraph 6DB(2)(a).  This item operates with item 512.      

583.           Repealing paragraph 6DB(2)(b) will not affect the continuity of any consent provided by a Federal Magistrate.  It is intended that a Judge of the Federal Circuit Court of Australia would be ‘a judge of a court created by the Parliament’ under paragraph 6DB(2)(a).  Saving provisions are included at item 514 to preserve existing consents, nominations and things done by Federal Magistrates under the new title of ‘Judge’. 

Item 514 - Saving provisions

584.           This item provides for existing appointments and consents under subsections 6DB(1) and 6DB(2) of the Telecommunications (Interception and Access) Act 1979 to continue in force and have effect under the new title of Federal Magistrate as ‘Judge’, after commencement of this item.

585.           This item also provides that a thing done by, or in relation to, a Federal Magistrate under the Telecommunications (Interception and Access) Act 1979 will continue in force, and things done by or in relation to a Federal Magistrate as an issuing authority to have effect under the new title of Federal Magistrate as ‘Judge’, after commencement of this item.

586.           This item reflects this Bill’s intention to preserve the continuity of existing arrangements for functions exercised by a Federal Magistrates under their new title of ‘Judge’.  This item has been included to ensure certainty of existing arrangements.  This item does not limit the operation of section 7 or subsection 25B(1) of the Acts Interpretation Act 1901 (see item 3 of Schedule 4 to this Bill).

Tertiary Education Quality and Standards Agency Act 2011

Item 515 - Section 5 (paragraph (b) of the definition of enforcement warrant )

587.           This item updates the reference to ‘a magistrate’ to be ‘an issuing officer’ in paragraph (b) of the definition of ‘enforcement warrant’ in section 5.  ‘Issuing officer’ will be defined to include Judges of the Federal Circuit Court (see item 518 of this Bill). 

Item 516 - Section 5

588.           This item inserts a definition of ‘Federal Circuit Court’ into section 5.  Section 5 provides definitions for the purposes of the Act.  This amendment will define ‘ Federal Circuit Court’ to mean the Federal Circuit Court of Australia.

Item 517 - Section 5 (definition of Federal Magistrate )

589.           This item repeals the definition of ‘Federal Magistrate’ in section 5.  A definition of ‘Federal Magistrate’ is no longer necessary due to the new title of Federal Magistrate as ‘Judge’.  Judges of the Federal Circuit Court will be included in the definition of ‘issuing officer’ to be inserted by item 518 of this Bill.

Item 518 - Section 5

590.           This item inserts a definition of ‘issuing officer’ into section 5.  ‘Issuing officer’ will be defined to mean a magistrate or a Judge of the Federal Circuit Court in respect of whom consent under subsection 96(1) and a nomination under subsection 96(2) are in force.  This definition will ensure that Judges of the Federal Circuit Court are able to issue enforcement warrants under the Act, if consent under subsection 96(1) and a nomination under subsection 96(1) are in force.

Item 519 - Section 5 (definition of magistrate )

591.           This item repeals the definition of ‘magistrate’ in section 5.  Section 5 provides definitions of expressions used in the Act.  The expression ‘magistrate’ is defined as including Federal Magistrates.  This consequential amendment will repeal the definition of ‘magistrate’ as it is no longer necessary due to the new title of Federal Magistrate as ‘Judge’ and the insertion of the definition of ‘issuing officer’ (see item 518).

Item 520 - Subsection 71(6)

592.           This item updates the reference to ‘a magistrate’ to be ‘an issuing officer’ in subsection 71(6).  Subsection 71(6) provides for an authorised officer to apply to a magistrate to secure a thing for monitoring purposes for longer than twenty four hours, if the authorised officer believes on reasonable grounds that this is necessary.  This consequential amendment will update subsection 71(6) to reflect the new definition of ‘issuing officer’ in section 5 (see item 518). 

Item 521 - Paragraph 79(2)(a)

593.           This item updates the reference to ‘magistrate’ to be ‘issuing officer’ in paragraph 79(2)(a).  Paragraph 79(2)(a) requires an authorised officer executing an enforcement warrant issued by a magistrate to be in possession of a copy of that warrant while executing it.  This consequential amendment will update paragraph 79(2)(a) to reflect the new definition of ‘issuing officer’ in section 5 (see item 518).

Item 522 - Paragraph 80(c)(i)

594.           This item updates the reference to ‘magistrate’ to be ‘issuing officer’ in paragraph 80(c)(i).  Section 80 imposes obligations on an authorised officer executing a warrant in relation to premises in the presence of the occupier of those premises, and paragraph 80(c)(i) provides that a copy of the warrant made available to the occupier of premises need not include the signature of the magistrate who issued the warrant.  This consequential amendment will update paragraph 80(c)(i) to reflect the new definition of ‘issuing officer’ in section 5 (see item 518).

Item 523 - Subsection 81(6)

595.           This item updates the reference to ‘a magistrate’ to be ‘an issuing officer’ in subsection 81(6).  Subsection 81(6) allows an authorised officer to apply to a magistrate to secure a thing for monitoring purposes for longer than 24 hours, if the authorised officer believes on reasonable grounds that this is necessary.  This consequential amendment will update subsection 81(6) to reflect the new definition of ‘issuing officer’ in section 5 (see item 518).

Item 524 - Section 88 (heading)

596.           This item repeals the heading to section 88 and inserts the new heading: ‘88 Issuing officer may permit a thing to be retained’.   This consequential amendment will insert a new heading to section 88 to reflect the new definition of ‘issuing officer’ in section 5 (see item 518).

Item 525 - Subsection 88(1)

597.           This item updates the references to ‘a magistrate’ to be ‘an issuing officer’ wherever it occurs in subsection 88(1).  Subsection 88(1) provides that an authorised officer may apply to a magistrate for an order permitting the retention of a thing for an extended period if proceedings in relation to which the thing may provide evidence have not begun within 60 days, or another period specified in a previous warrant issued by a magistrate, of the thing having been seized.  This consequential amendment will update subsection 88(1) to reflect the new definition of ‘issuing officer’ in section 5 (see item 518).

Item 526 - Subsection 88(2)

598.           This item updates the references to ‘magistrate’ to be ‘issuing officer’ wherever it occurs in subsection 88(2).  Subsection 88(2) provides that a magistrate may order that a thing be retained for a period not exceeding three years if satisfied that this is necessary for the investigation of certain alleged offences or contravention of certain civil penalties, or to enable evidence to be secured for a prosecution or civil penalty proceedings.  This consequential amendment will update subsection 88(2) to reflect the new definition of ‘issuing officer’ in section 5 (see item 518).

Item 527 - Subsection 90(1)

599.           This item updates the reference to ‘a magistrate’ to be ‘an issuing officer’ in subsection 90(1).  Subsection 90(1) provides that an authorised officer may apply to a magistrate for a monitoring warrant in relation to premises.  This consequential amendment will update subsection 90(1) to reflect the new definition of ‘issuing officer’ in section 5 (see item 527).

Item 528 - Subsections 90(2) and (3)

600.           This item amends references to ‘magistrate’ to be ‘issuing officer’ wherever it occurs in subsections 90(2) and (3).  Subsections 90(2) and (3) provide that a magistrate may issue a monitoring warrant applied for by an authorised officer under subsection 90(1) if satisfied that it is reasonably necessary for one or more authorised officers to have access to the premises for the purposes of assessing compliance with this Act or determining the correctness of information provided under this Act.  This consequential amendment will update subsections 90(2) and (3) to reflect the new definition of ‘issuing officer’ in section 5 (see item 518).

Item 529 - Subsection 91(1)

601.           This item updates the reference to ‘a magistrate’ to be ‘an issuing officer’ in subsection 91(1).  Subsection 91(1) provides that an authorised officer may apply to a magistrate for an enforcement warrant in relation to premises.  This consequential amendment will update subsection 91(1) to reflect the new definition of ‘issuing officer’ in section 5 (see item 518).

Item 530 - Subsections 91(2) and (3)

602.           This item updates the references to ‘magistrate’ to be ‘issuing officer’ wherever it occurs in subsections 91(2) and (3).  Subsections 91(2) and (3) provide that a magistrate may issue an enforcement warrant applied for by an authorised officer under subsection 91(1) if satisfied there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, evidential material on the premises.  This consequential amendment will update subsections 91(2) and (3) to reflect the new definition of ‘issuing officer’ in section 5 (see item 518).

Item 531 - Subsection 92(1)

603.           This item updates the reference to ‘a magistrate’ to be ‘an issuing officer’ in subsection 92(1).  Subsection 92(1) allows an authorised officer to apply for a warrant under subsection 92(1) by telephone, fax or other electronic means in an urgent case or where the officer believes on reasonable grounds that delay caused by having to make the application in person would frustrate the effective execution of the warrant.  This consequential amendment will update subsection 92(1) to reflect the new definition of ‘issuing officer’ in section 5 (see item 518).

Item 532 - Subsections 92(2), (4), (5) and (6)

604.           This item updates references to ‘magistrate’ to be ‘issuing officer’ wherever it occurs in subsections 92(2), (4), (5) and (6).  These provisions allow for the magistrate to sign a warrant sought under subsection 92(1), advise the authorised officer seeking the warrant of its terms, and provide for the authorised officer to sign a form of warrant in the same terms as the warrant completed and signed by the magistrate.  This consequential amendment will update subsections 92(2), (4), (5) and (6) to reflect the new definition of ‘issuing officer’ in section 5 (see item 518).

Item 533 - Subsection 92(7) (heading)

605.           This item repeals the heading to subsection 92(7) and inserts the new heading: ‘ Completed form of warrant to be given to issuing officer’.   This consequential amendment will insert a new heading to section 92(7) to reflect the new definition of ‘issuing officer’ in section 5 (see item 518).

Item 534 - Subsections 92(7), (8), (9) and (10)

606.           This item updates references to ‘magistrate’ to be ‘issuing officer’ wherever it occurs in subsections 92(7), (8), (9) and (10).  These subsections provide for the completion of a form of warrant.  This consequential amendment will update subsections 92(7), (8), (9) and (10) to reflect the new definition of ‘issuing officer’ in section 5 (see item 518).

Item 535 - Paragraph 93(a)

607.           This item updates the reference to ‘a magistrate’ to be ‘an issuing officer’ in paragraph 93(a).  Paragraph 93(a) provides that it is an offence for an authorised officer to use the name of a magistrate in a document that purports to be a form of warrant, unless the magistrate has signed that warrant.  This consequential amendment will update paragraph 93(a) to reflect the new definition of ‘issuing officer’ in section 5 (see item 518).

Item 536 - Paragraph 93(a)

608.           This item updates the reference to ‘that magistrate’ to be ‘that issuing officer’ in paragraph 93(a).  Paragraph 93(a) provides circumstances when an authorised officer commits an offence under the Act.   This consequential amendment will update paragraph 93(a) to reflect the new definition of ‘issuing officer’ in section 5 (see item 518).

Item 537 - Paragraph 93(b)

609.           This item updates the reference to ‘magistrate’ to be ‘issuing officer’ in paragraph 93(b).  Paragraph 93(b) provides that it is an offence for an authorised officer to knowingly state on a form of warrant information that materially departs from the terms of a warrant signed by a magistrate.  This consequential amendment will update paragraph 93(b) to reflect the new definition of ‘issuing officer’ in section 5 (see item 518).

Item 538 - Paragraphs 93(c) and (d)

610.           This item updates references to ‘a magistrate’ to be ‘issuing officer’ wherever it occurs in paragraphs 93(c) and (d).  Paragraph 93(c) provides that it is an offence for an authorised officer to execute or present to another person a document that the officer knows has not been approved by a magistrate or materially departs from a form of warrant signed by a magistrate.  Paragraph 93(d) provides that it is an offence for an authorised officer to give to a magistrate a form of warrant that is not the same as the form of warrant that the officer purported to exercise.  This consequential amendment will update paragraphs 93(c) and (d) to reflect the new definition of ‘issuing officer’ in section 5 (see item 518).

Item 539 - Division 8 of Part 6 (heading)

611.           This item repeals the heading to Division 8 of Part 6 and inserts the new heading: ‘ Division 8 - Powers of issuing officers’.   This consequential amendment will insert a new heading to Division 8 of Part 5 to reflect the new definition of ‘issuing officer’ in section 5 (see item 518).

 

 

Item 540 - Section 96 (heading)

612.           This item repeals the heading to section 96 and inserts the new heading: ‘96 Federal Circuit Court Judges—consent to nomination’.   This consequential amendment will insert a new heading to section 96 to reflect the new definition of ‘issuing officer’ in section 5 (see item 518).

Item 541 - Subsections 96(1) and (2)

613.           This item updates references to ‘Federal Magistrate’ to be ‘Judge of the Federal Circuit Court’ wherever it occurs in subsections 96(1) and (2).  Subsection 96(1) provides that a Federal Magistrate may consent in writing to being nominated by the Minister to be a magistrate for the purposes of this Act, and subsection 96(2) provides for the Minister to make this nomination once consent is in force.  This consequential amendment will update subsections 96(1) and (2) to reflect the new title of Federal Magistrate as ‘Judge’ and the new name of the Court.

Item 542 - Subsection 96(2)

614.           This item updates the reference to ‘a magistrate’ to be ‘an issuing officer’ in subsection 96(2).  Subsection 96(2) provides that the Minister may nominate a Federal Magistrate to be a magistrate for the purposes of this Act, if the Federal Magistrate has given a written consent under subsection 96(1).  This consequential amendment will update subsection 96(2) to reflect the new definition of ‘issuing officer’ in section 5 (see item 518).

Item 543 - Section 97 (heading)

615.           This item repeals the heading to section 97 and inserts the new heading: ‘97 Issuing officers—personal capacity’.   This consequential amendment will insert a new heading to section 97 to reflect the new definition of ‘issuing officer’ in section 5 (see item 518).

Item 544 - Subsection 97(1)

616.           This item updates the reference to ‘a magistrate’ to be ‘an issuing officer’.  Subsection 97(1) provides that a power conferred on a magistrate under Part 6 is conferred on the magistrate in his or her personal capacity and not as a court or a member of a court.  This consequential amendment will update subsection 97(1) to reflect the new definition of ‘issuing officer’ in section 5 (see item 518).

Item 545 - Subsection 97(1)

617.           This item updates the reference to ‘the magistrate’ to be ‘the issuing officer’ in subsection 97(1).  Subsection 97(1) provides that a power conferred on a magistrate under Part 6 is conferred on the magistrate in a personal capacity and not as a court or a member of a court.  This consequential amendment will update subsection 97(1) to reflect the new definition of ‘issuing officer’ in section 5 (see item 518).

Item 546 - Subsection 97(2)

618.           This item amends the reference to ‘magistrate’ in subsection 97(1) to ‘issuing officer’.  Subsection 97(1) provides that a power conferred on a magistrate under Part 6 is conferred on the magistrate in a personal capacity and not as a court or a member of a court.  This consequential amendment will update subsection 97(2) to reflect the new definition of ‘issuing officer’ in section 5 (see item 518).

Item 547 - Subsection 97(2)

619.           This item amends the reference to ‘Federal Magistrate’ in subsection 97(2) to ‘Judge of the Federal Circuit Court’.  Subsection 97(2) provides that a magistrate (other than a Federal Magistrate) need not accept the power conferred need not accept a power conferred under Part 6.  This consequential amendment will update subsection 97(2) to reflect the title of Federal Magistrates as ‘Judge’ and the new name of the Court.

Item 548 - Subsection 97(3)

620.           This item updates the reference to ‘A magistrate’ to be ‘An issuing officer’ in subsection 97(3).  Subsection 97(3) provides for immunities for a exercising a power under Part 6.  This consequential amendment will update subsection 97(3) to reflect the new definition of ‘issuing officer’ in section 5 (see item 518).

Item 549 - Paragraphs 97(3)(a) and (b)

621.           This item updates the references to ‘magistrate’ to be ‘issuing officer’ in paragraphs 97(3)(a) and (b).  Subsection 97(2) provides that a magistrate (other than a Federal Magistrate) need not accept the power conferred need not accept a power conferred under Part 6.  This consequential amendment will update paragraphs 97(3)(a) and (b) to reflect the new definition of ‘issuing officer’ in section 5 (see item 518).

Item 550 - Saving provisions

622.           This item provides that a consent or nomination in force under subsections 96(1) or 96(2) of the Tertiary Education Quality and Standards Agency Act 2011 in respect of a Federal Magistrate will continue to have effect under the new title of Federal Magistrate as ‘Judge’, after commencement of this item. 

623.           This item also provides that a thing done by, or in relation to, a Federal Magistrate under Part 6 of the Tertiary Education Quality and Standards Agency Act 2011 will continue to have effect under the new title of Federal Magistrate as ‘Judge’, after commencement of this item.

624.           This item reflects this Bill’s intention to preserve the continuity of existing arrangements for functions exercised by a Federal Magistrate under the new title of ‘Judge’.  This item has been included to ensure certainty of existing arrangements.  This item does not limit the operation of section 7 or subsection 25B(1) of the Acts Interpretation Act 1901 (see item 3 of Schedule 4 to this Bill).

Tobacco Plain Packaging Act 2011 

Item 551 - Subsection 4(1) (paragraph (b) of the definition of issuing officer )

625.           This item repeals paragraph (b) in the definition of ‘issuing officer’ in subsection 4(1).  The expression ‘issuing officer’ is defined to include a Federal Magistrate.  Reference to ‘Federal Magistrate’ in the definition of ‘issuing officer’ is no longer necessary due to the new title of Federal Magistrate as ‘Judge’ and the existing reference to ‘a Judge of a court created by the Parliament’ in paragraph (a) of the definition. 

Item 552 - Paragraph 79(3)(b)

626.           This item omits reference to ‘or a Federal Magistrate’ in paragraph 79(3)(b).  Paragraph 79(3)(b) provides that a power conferred on a Judge of a court created by the Parliament or a Federal Magistrate as an issuing officer under Part 2 is not conferred on the issuing officer as a court or a member of a court.  This consequential amendment will update paragraph 79(3)(b) to reflect the new title of Federal Magistrate as ‘Judge’.  Reference to ‘Federal Magistrate’ is no longer necessary due to the existing reference to ‘a Judge of a court created by the Parliament’ in paragraph 79(3)(b).    

Item 553 - Subsection 79(4) (heading)

627.           This item repeals the heading to subsection 79(4) and inserts the new heading: ‘Protection and immunity - Judges’.  This consequential amendment will insert a new heading to subsection 79(2) to reflect the new title of Federal Magistrate as ‘Judge’.

Item 554 - Subsection 79(4)

628.           This item omits reference to ‘or a Federal Magistrate’ in subsection 79(4).  Subsection 79(4) provides protection and immunity for an issuing officer who is a Judge of a court created by the Parliament or a Federal Magistrate exercising a power conferred under Part 2.  Reference to ‘Federal Magistrate’ is no longer necessary due to the existing reference to ‘a Judge of a court created by the Parliament’ in subsection 79(4).    

Item 555 - Saving provisions

629.           This item provides for existing consents and nominations under subsections 79(1) and (2) of the Tobacco Plain Packaging Act 2011 to continue in force, and things done by or in relation to a Federal Magistrate as an issuing authority to continue to have effect under the new title of Federal Magistrates as ‘Judge’, after commencement of this item.

630.           This item also provides that a thing done by, or in relation to, a Federal Magistrate as an issuing officer under Part 2 of Chapter 4 of the Tobacco Plain Packaging Act 2011 will continue in force, and things done by or in relation to a Federal Magistrate as an issuing authority continue to have effect under the new title of Federal Magistrates as ‘Judge’, after commencement of this item.

631.           This item reflects this Bill’s intention to preserve the continuity of existing arrangements for functions exercised by a Federal Magistrate s under the new title of ‘Judge’.  The Bill does not alter the nature or conditions of exercise of these functions conferred under legislation.  This item has been included to ensure certainty of existing arrangements.  This item does not limit the operation of section 7 or subsection 25B(1) of the Acts Interpretation Act 1901 (see item 3 of Schedule 4 to this Bill).



 

Trans-Tasman Proceedings Act 2010          

Item 556 - Subsection 109(3)

632.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in subsection 109(3).  Subsection 109(3) provides for the application of Federal Court Rules in the Family Court of Australia or the Federal Magistrates Court in circumstances where Regulations or Rules of Court in the Family Court and Federal Magistrate Court have not been made.  This consequential amendment will update subsection 109(3) to reflect the new name of the Court. 

Water Act 2007          

Item 557 - Section 139 (heading)

633.           This item repeals the heading to section 139 and inserts the new heading:

139 Jurisdiction of Federal Circuit Court ’.  This consequential amendment will insert a new heading to section 139 to reflect the new name of the Court. 

634.           Other references to the Federal Magistrates Court are amended by Part 2 of Schedule 2 of the Bill. 

Water Efficiency Labelling and Standards Act 2005           

Item 558 - Section 7

635.           This item inserts a definition of ‘Federal Circuit Court’ in section 7.  Section 7 provides definitions of expressions used in the Act.  ‘Federal Circuit Court’ will be defined to mean the Federal Circuit Court of Australia.

Item 559 - Section 7 (paragraph (b) of the definition of relevant court )

636.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in the definition of ‘relevant court’ in section 7.  Section 7 provides definitions of expressions used in the Act.  The expression ‘relevant court’ is defined to include the Federal Magistrates Court.  This consequential amendment will update the definition of ‘relevant court’ to reflect the new name of the Court. 

Work Health and Safety Act 2011

Item 560 - Paragraphs 273A(3)(b) and (c)

637.           This item updates the reference to ‘ Federal Magistrates Act 1999 ’ to be ‘ Federal Circuit Court of Australia Act 1999 ’ in paragraphs 273A(3)(b) and (c).  Paragraphs 273A(3)(b) and (c) provide for jurisdiction conferred on the Federal Magistrates Court under subsection 273A(1) to be exercised in the Fair Work Division of the Court in certain circumstances, including where an injunction or declaration is sought under the Federal Magistrates Act 1999 in relation to matters arising under the Work Health and Safety Act 2011.   This consequential amendment will update paragraphs 273A(3)(b) and (c) to reflect the new short title of the Act (see Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012).

SCHEDULE 2 - BULK AMENDMENTS

Part 1 - References to Federal Circuit Court

Item 1 - Amendment of Acts

638.           This item updates references to the ‘Federal Magistrates Court’ to be the ‘Federal Circuit Court’ wherever it appears in the Acts listed in this item.  ‘Federal Circuit Court’ will be defined in each of the Acts listed in this item to mean the ‘Federal Circuit Court of Australia’.

639.           The Federal Circuit Court of Australia Legislation Amendment Bill 2012 included amendments to continue the Federal Magistrates Court in existence under the new name of the ‘Federal Circuit Court of Australia’.  The consequential amendments in this item operate together with amendments included in Schedule 1 of this Bill to reflect the new name of the Court in Commonwealth legislation. 

640.           References to the Federal Magistrates Court appear across a wide variety of Commonwealth legislation.  The bulk amendments included in this Schedule will ensure that all relevant references are amended consistently across the Commonwealth statute book.

Part 2 - References to Federal Circuit Court of Australia

Item 2 - Amendment of Acts

641.           This item updates references to the ‘Federal Magistrates Court’ to be the ‘Federal Circuit Court of Australia’ wherever it appears in the Acts listed in the item. 

642.           The Federal Circuit Court of Australia Legislation Amendment Bill 2012 included amendments to continue the Federal Magistrates Court in existence under the new name of the ‘Federal Circuit Court of Australia’.  The consequential amendments in this item operate together with amendments included in Schedule 1 of this Bill to reflect the new name of the Court in Commonwealth legislation. 

643.           References to the Federal Magistrates Court appear across a wide variety of Commonwealth legislation.  The bulk amendments included in this Schedule will ensure that all relevant references are amended consistently across the Commonwealth statute book.



 

SCHEDULE 3 - CONTINGENT AMENDMENTS

Part 1—Intellectual Property Laws Amendment (Raising the Bar) Act 2012

Designs Act 2003

Item 1 - Section 5

644.           This item inserts a new definition of ‘Federal Circuit Court’ in section 5.  Section 5 provides for definitions of expressions used in the Act.  This amendment will define ‘Federal Circuit Court’ to mean the Federal Circuit Court of Australia.

645.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 .

Item 2 - Section 5 (paragraph (aa) of the definition of prescribed court )

646.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court of Australia’ in proposed paragraph 5(aa) of the definition of ‘prescribed court’.  Section 5 provides for definitions of expressions used in the Act.  Item 3 of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 inserts ‘(aa) the Federal Magistrates Court’ into the definition of ‘prescribed court’ in the Designs Act 2003 .  This consequential amendment will update proposed paragraph 5(aa) to reflect the new name of the Court.

647.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012

Item 3 - Subsection 28(5)

648.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in subsection 28(5).  Subsection 28(5) provides that an appeal lies to the Federal Magistrates Court against a decision of the Registrar under subsection 28.  This consequential amendment will update subsection 28(5) to reflect the new name of the Court.

649.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012

Item 4 - Subsection 50(6)

650.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in subsection 50(6).  Subsection 50(6) provides that an appeal lies to the Federal Magistrates Court against a decision of the Registrar under section 50.  This consequential amendment will update subsection 50(6) to reflect the new name of the Court.

651.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012

 

 

Item 5 - Subsection 52(7)

652.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in subsection 52(7).  Subsection 52(7) provides that an appeal lies to the Federal Magistrates Court against a decision of the Registrar under section 52.  This consequential amendment will update subsection 52(7) to reflect the new name of the Court.

653.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012

Item 6 - Subsection 54(4)

654.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in subsection 54(4).  Subsection 54(4) provides that an appeal lies to the Federal Magistrates Court against a decision of the Registrar under subsection 54(2).  This consequential amendment will update subsection 54(4) to reflect the new name of the Court.

655.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012

Item 7 - Subsection 67(4)

656.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in subsection 67(4).  Subsection 67(4) provides that an appeal lies to the Federal Magistrates Court against a decision of the Registrar under section 67.  This consequential amendment will update subsection 67(4) to reflect the new name of the Court.

657.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012

Item 8 - Subsection 68(6)

658.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in subsection 68(6).  Subsection 68(6) provides that an appeal lies to the Federal Magistrates Court against a decision of the Registrar under section 68.  This consequential amendment will update subsection 68(6) to reflect the new name of the Court.

659.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012

Item 9 - Section 82

660.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in section 82.  Section 82 provides a simplified outline of Chapter 7.  This consequential amendment will update subsection 82 to reflect the new name of the Court.

661.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012

 

 

Item 10 - Paragraph 83(2)(a)

662.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in paragraph 83(2)(a).  Paragraph 83(2)(a) provides that the jurisdiction of the Federal Court to hear and determine appeals from decisions of the Registrar is exclusive of the jurisdiction of any other court, other than the Federal Magistrates Court under subsection 83A(2).  This consequential amendment will update paragraph 83(2)(a) to reflect the new name of the Court.

663.           This consequential amendment is not intended to alter the jurisdiction or the status of the Federal Magistrates Court.

664.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012

Item 11 - Section 83A (heading)

665.           This item repeals the heading to section 83A and inserts the new heading: ‘83A Jurisdiction of the Federal Circuit Court’.  This consequential amendment will insert a new heading to section 83A to reflect the new name of the Court.

666.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012

Item 12 - Subsections 83A(1), (2) and (3)

667.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in subsections 83A(1), (2) and (3).  Section 83A provides that the Federal Magistrates Court has jurisdiction of matters arising under the Act, including exclusive jurisdiction to determine appeals from decisions of the Registrar except as set out in paragraphs 83A(2)(a) and (b).  Subsection 83A(3) provides that prosecution for an offence against this Act must not be brought in the Federal Magistrates Court.  This consequential amendment will update subsections 83A(1), (2) and (3) to reflect the new name of the Court.

668.           This consequential amendment is not intended to alter the jurisdiction or the status of the Federal Magistrates Court.

669.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012

Item 13 - Subsection 84(1)

670.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in subsection 84(1).  Subsection 84(1) provides that each prescribed court other than the Federal Magistrates Court has jurisdiction of matters arising under this Act in relation to which proceedings may be brought in a prescribed court.  This consequential amendment will update subsection 84(1) to reflect the new name of the Court.

671.           This consequential amendment is not intended to alter the jurisdiction or the status of the Federal Magistrates Court.

672.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012

Item 14 - Subsection 86(3)

673.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in subsection 86(3).  Subsection 86(3) provides that section 86 does not apply in relation to a transfer of proceedings between the Federal Court and the Federal Magistrates Court.  This consequential amendment will update subsection 86(3) to reflect the new name of the Court.

674.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012

Item 15 - Subsection 86(3) (note)

675.           This item updates the first occurring reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in the note to subsection 86(3).  The note to subsection 86(3) refers to the Federal Magistrates Act 1999 and the Federal Court of Australia Act 1976 .  This consequential amendment will update the note to subsection 86(3) to reflect the new name of the Court.

676.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012

Item 16 - Subsection 86(3) (note)

677.           This item updates the reference to ‘ Federal Magistrates Act 1999’ to be ‘ Federal Circuit Court of Australia Act 1999 ’ in the note to subsection 86(3).  The note to subsection 86(3) refers to the Federal Magistrates Act 1999 and the Federal Court of Australia Act 1976 .  This item is a consequential amendment to reflect the new short title of the Federal Magistrates Act 1999 (see Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012).

678.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012

Item 17 - Subsection 86(3) (note)

679.           This item updates the last occurring reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in the note to subsection 86(3).  The note to subsection 86(3) refers to the Federal Magistrates Act 1999 and the Federal Court of Australia Act 1976 .  This consequential amendment will update the note to subsection 86(3) to reflect the new name of the Court.

680.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012

 

 

Item 18 - Subsection 87(2)

681.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in subsection 87(2).  Subsection 87(2) provides that an appeal does not lie to the full court of the Federal Court from a judgment or order of a single judge of the Federal Court, or the Federal Magistrates Court, in determining appeals from decisions of the Registrar, except with leave of the Federal Court.  This consequential amendment will update subsection 87(2) to reflect the new name of the Court.

682.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012

Item 19 - Section 88 (heading)

683.           This item repeals the heading to section 88 and inserts the new heading: ‘88 Powers of Federal Court and Federal Circuit Court on hearing an appeal’.  This consequential amendment will insert a new heading to section 88 to reflect the new name of the Court.

684.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012

Item 20 - Section 88

685.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in section 88.  Section 88 provides that on hearing an appeal against a decision or direction of the Registrar, the Federal Court or Federal Magistrates Court may do things set out in subsections 88(a) to (f).  This consequential amendment will update section 88 to reflect the new name of the Court.

686.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012.  

Item 21 - Section 89

687.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in section 89.  Section 89 provides that the Registrar may appear and be heard at the hearing of an appeal to the Federal Court or the Federal Magistrates Court against a decision or direction of the Registrar.  This consequential amendment will update section 88 to reflect the new name of the Court.

688.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012.  

Trade Marks Act 1995

Item 22 - Subsection 6(1)

689.           This item inserts a new definition of ‘Federal Circuit Court’ in section 6(1).  Section 6(1) provides for definitions of expressions used in the Act.  This amendment will define ‘Federal Circuit Court’ to mean the Federal Circuit Court of Australia.

690.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 .

Item 23 - Section 35

691.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in section 35.  Section 35 provides that the applicant may appeal to the Federal Court or the Federal Magistrates Court against a decision of the Registrar to accept or reject an application.  This consequential amendment will update section 35 to reflect the new name of the Court.

692.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012.  

Item 24 - Section 56

693.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in section 56.  Section 56 provides for appeal to the Federal Court or the Federal Magistrates Court from a decision of the Registrar under section 55.  This consequential amendment will update section 56 to reflect the new name of the Court.

694.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012.  

Item 25 - Section 67

695.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in section 67.  Section 67 provides that an appeal lies to the Federal Court or Federal Magistrates Court from a decision of the Registrar under Part 6.  This consequential amendment will update section 67 to reflect the new name of the Court.

696.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012.  

Item 26 - Subsection 83(2)

697.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in subsection 83(2).  Subsection 83(2) provides that an appeal lies to the Federal Court or the Federal Magistrates Court from a decision of the Registrar under subsection 83(1).  This consequential amendment will update subsection 83(2) to reflect the new name of the Court.

698.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012.  

Item 27 - Subsection 83A(8)

699.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in subsection 83A(8).  Subsection 83A(8) provides that the registered owner who made the request for amendment, or a person who opposes the request under subsection 83A(4), may appeal to the Federal Court or Federal Magistrates Court from a decision of the Registrar under section 83A.  This consequential amendment will update subsection 83A(8) to reflect the new name of the Court.

700.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012.  

Item 28 - Section 84D

701.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in section 84D.  Section 84D provides that an appeal lies to the Federal Court or the Federal Magistrates Court from a decision of the Registrar under section 84A.  This consequential amendment will update section 84D to reflect the new name of the Court.

702.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012.  

Item 29 - Section 104

703.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in section 104.  Section 104 provides that an appeal lies to the Federal Court or the Federal Magistrates Court from a decision of the Registrar under sections 101 or 102.  This consequential amendment will update section 104 to reflect the new name of the Court.

704.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012.  

Item 30 - Paragraph 190(aa)

705.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in paragraph 190(aa).  Paragraph 190(aa) provides that the Federal Magistrates Court is included as a prescribed court for the purposes of this Act.  This consequential amendment will update paragraph 190(aa) to reflect the new name of the Court.

706.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012.  

Item 31 - Paragraph 191(2)(a)

707.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in paragraph 191(2)(a).  Paragraph 191(2)(a) provides that the jurisdiction of the Federal Court to determine appeals against decisions, directions or orders of the Registrar is exclusive of the jurisdiction of any other court except the jurisdiction of the Federal Magistrates Court under subsection 191A(2) of this Act.  This consequential amendment will update paragraph 191(2)(a) to reflect the new name of the Court.

708.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012.  

 

 

Item 32 - Section 191A (heading)

709.           This item repeals the heading to section 191A and inserts the new heading: ‘191A Jurisdiction of the Federal Circuit Court’.  This consequential amendment will insert a new heading to section 191A to reflect the new name of the Court.

710.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012

Item 33 - Subsections 191A(1), (2) and (3)

711.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in subsections 191A(1), (2) and (3).  Section 191A provides that the Federal Magistrates Court has jurisdiction of matters arising under the Act, including exclusive jurisdiction to determine appeals from decisions of the Registrar except as set out in paragraphs 191A(2)(a) and (b).  Subsection 191A(3) provides that prosecution for an offence against this Act must not be brought in the Federal Magistrates Court.  This consequential amendment will update subsections 191A(1), (2) and (3) to reflect the new name of the Court.

712.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012.  

Item 34 - Subsection 192(1)

713.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in subsection 192(1).  Subsection 192(1) provides that each prescribed court (other than the Federal Court and the Federal Magistrates Court) has jurisdiction of matters which may be started in a prescribed court.  This consequential amendment will update subsection 192(1) to reflect the new name of the Court.

714.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012.  

Item 35 - Subsection 194(3)

715.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in subsection 194(3).  Subsection 194(3) provides that section 194 does not apply in relation to a transfer of proceedings between the Federal Court and the Federal Magistrates Court.  This consequential amendment will update subsection 194(3) to reflect the new name of the Court.

716.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012.  

Item 36 - Subsection 194(3) (note)

717.           This item updates the first occurring reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in the note to subsection 194(3).  The note to subsection 194(3) refers to the Federal Magistrates Act 1999 and the Federal Court of Australia Act 1976 .  This consequential amendment will update the note to subsection 194(3) to reflect the new name of the Court.

718.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012.  

Item 37 - Subsection 194(3) (note)

719.           This item updates the reference to ‘ Federal Magistrates Act 1999’ to be ‘ Federal Circuit Court of Australia Act 1999 ’ in the note to subsection 194(3).  The note to subsection 194(3) refers to the Federal Magistrates Act 1999 and the Federal Court of Australia Act 1976 .  This item is a consequential amendment to reflect the new short title of the Federal Magistrates Act 1999 (see Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012).

720.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012

Item 38 - Subsection 194(3) (note)

721.           This item updates the last occurring reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in in the note to subsection 194(3).  The note to subsection 194(3) refers to the Federal Magistrates Act 1999 and the Federal Court of Australia Act 1976 .  This consequential amendment will update the note to subsection 194(3) to reflect the new name of the Court.

722.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 .

Item 39 - Subsection 195(2)

723.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in subsection 195(2).  Subsection 195(2) provides that except with the leave of the Federal Court, an appeal does not lie to the Full Court of the Federal Court against a judgment or order of a single judge of the Federal Court or the Federal Magistrates Court in determining appeals from decisions of the Registrar.  This consequential amendment will update subsection 195(2) to reflect the new name of the Court.

724.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012.  

Item 40 - Section 196

725.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in section 196.  Section 196 provides that the Registrar may appear and be heard at the hearing of an appeal to the Federal Court or the Federal Magistrates Court against a decision or direction of the Registrar.  This consequential amendment will update section 196 to reflect the new name of the Court.

726.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012.  

Item 41 - Section 197 (heading)

727.           This item repeals the heading to section 197 and inserts the new heading: ‘197 Powers of Federal Court and Federal Circuit Court on hearing an appeal’.  This consequential amendment will insert a new heading to section 197 to reflect the new name of the Court.

728.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012

Item 42 - Section 197

729.           This item updates the reference to ‘Federal Magistrates Court’ to be ‘Federal Circuit Court’ in section 197.  Section 197 provides that on hearing an appeal against a decision or direction of the Registrar, the Federal Court or the Federal Magistrates Court may do things set out in subsections 197(a) to (f).  This consequential amendment will update section 197 to reflect the new name of the Court.

730.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012.  

Part 2 - Access to Justice (Federal Jurisdiction) Amendment Act 2012

Access to Justice (Federal Jurisdiction) Amendment Act 2012

Item 43 - Item 9 of Schedule 2

731.           This item updates references to sections of the Federal Magistrates Act 1999 in item 9 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 to the relevant sections of the Federal Circuit Court of Australia Act 1999 .  Item 9 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 makes consequential amendments of the Australian Crime Commission Act 2002 to include reference to new provisions dealing with suppression and non-publication orders in the list of provisions prescribed for the purposes of section 20 of the Australian Crime Commission Act.  This item is a consequential amendment to reflect the new short title of the Federal Magistrates Act 1999 (see Schedule 1 of the Federal Circuit Court of Australia Legislation Amendment Bill 2012).

732.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Access to Justice (Federal Jurisdiction) Amendment Act 2012

Australian Crime Commission Act 2002

Item 44 - Schedule 1

733.           This item updates references to the Federal Magistrates Act 1999 in Schedule 1 to the Australian Crime Commission Act 2002 to the Federal Circuit Court of Australia Act 1999 .  Schedule 1 to the Australian Crime Commission Act 2002 lists provisions prescribed for the purposes of section 20 of the Australian Crime Commission Act 2002 , including Part 6A of the Federal Magistrates Act 1999 This item is a consequential amendment to reflect the new short title of the Federal Magistrates Act 1999 (see Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012).

734.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Access to Justice (Federal Jurisdiction) Amendment Act 2012

Items 45 and 46 - Schedule 1

735.           These items update and reorder references to the Federal Magistrates Act 1999 in Schedule 1 to the Australian Crime Commission Act 2002 to the Federal Circuit Court of Australia Act 1999 .  Schedule 1 to the Australian Crime Commission Act 2002 lists provisions prescribed for the purposes of section 20 of the Australian Crime Commission Act, including section 61 of the Federal Magistrates Act 1999 This item is a consequential amendment to reflect the new short title of the Federal Magistrates Act 1999 (see Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012).

736.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Access to Justice (Federal Jurisdiction) Amendment Act 2012

Family Law Act 1975

Item 47 - Subsection 102Q(1) (paragraph (b) of the definition of appropriate court official )

737.           This item updates references to the Federal Magistrates Court to the Federal Circuit Court of Australia in the proposed new definition of ‘appropriate court official’ under the Family Law Act 1975 .  Item 2 of Schedule 3 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 would insert a new Part XIB into the Family Law Act 1975 dealing with vexatious proceedings.  Under these amendments, ‘appropriate court official’ will be defined to mean, in relation to the Federal Magistrates Court, the Chief Executive Officer of the Court.  This item is a consequential amendment to reflect the new name of the Court.

738.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Access to Justice (Federal Jurisdiction) Amendment Act 2012

Federal Circuit Court of Australia Act 1999

Item 48 - Section 88B (heading)

739.           This item updates references to the Federal Magistrates Court to be Federal Circuit Court of Australia in the heading of proposed new section 88B of the Federal Circuit Court of Australia Act 1999 .  Item 7 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 would insert a new Part 6A into the Federal Magistrates Act 1999 dealing with powers of the Federal Magistrates Court to make suppression and non-publication orders.  This item is a consequential amendment to reflect the new name of the Court in the heading of proposed new section 88B.

740.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Access to Justice (Federal Jurisdiction) Amendment Act 2012

741.           Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012 provides for the new short title of Federal Magistrates Act 1999 to be the Federal Circuit Court of Australia Act 1999.

Item 49 - Sections 88B, 88D, 88E, 88F and 88G

742.           This item updates references to the Federal Magistrates Court to the Federal Circuit Court of Australia wherever it occurs in proposed new sections 88B, 88D, 88E, 88F and 88G of the Federal Circuit Court of Australia Act 1999 .  Item 7 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 would insert a new Part 6A into the Federal Magistrates Act 1999 dealing with powers of the Federal Magistrates Court to make suppression and non-publication orders.  This item is a consequential amendment to reflect the new name of the Court in the proposed new sections 88B, 88D, 88E, 88F and 88G.

743.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Access to Justice (Federal Jurisdiction) Amendment Act 2012

744.           Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012 provides for the new short title of Federal Magistrates Act 1999 to be the Federal Circuit Court of Australia Act 1999.

Item 50 - Subsections 88H(1) and (2)

745.           This item updates references to the Federal Magistrates Court to the Federal Circuit Court of Australia wherever it occurs in proposed new subsections 88H (1) and (2) of the Federal Circuit Court of Australia Act 1999 .  Item 7 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 would insert a new Part 6A into the Federal Magistrates Act 1999 dealing with powers of the Federal Magistrates Court to make suppression and non-publication orders.  This item is a consequential amendment to reflect the new name of the Court in proposed new subsections 88H (1) and (2).

746.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Access to Justice (Federal Jurisdiction) Amendment Act 2012

747.           Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012 provides for the new short title of Federal Magistrates Act 1999 to be the Federal Circuit Court of Australia Act 1999.

Item 51 - Paragraph 88H(2)(e)

748.           This item updates the reference to ‘Federal Magistrates Court’s’ to the ‘Federal Circuit Court of Australia’s’ in proposed new paragraph 88H(2)(e) of the Federal Circuit Court of Australia Act 1999 .  Item 7 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 would insert a new Part 6A into the Federal Magistrates Act 1999 dealing with powers of the Federal Magistrates Court to make suppression and non-publication orders.  This item is a consequential amendment to reflect the new name of the Court in proposed new paragraph 88H(2)(e).

749.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Access to Justice (Federal Jurisdiction) Amendment Act 2012

750.           Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012 provides for the new short title of Federal Magistrates Act 1999 to be the Federal Circuit Court of Australia Act 1999.

Item 52 - Subsections 88H(4)

751.           This item updates the reference to the Federal Magistrates Court to the Federal Circuit Court of Australia in proposed new subsection 88H(4) of the Federal Circuit Court of Australia Act 1999 .  Item 7 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 would insert a new Part 6A into the Federal Magistrates Act 1999 dealing with powers of the Federal Magistrates Court to make suppression and non-publication orders.  This item is a consequential amendment to reflect the new name of the Court in proposed new subsection 88H(4).

752.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Access to Justice (Federal Jurisdiction) Amendment Act 2012

753.           Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012 provides for the new short title of Federal Magistrates Act 1999 to be the Federal Circuit Court of Australia Act 1999.

Item 53 - Sections 88J, 88K, 88L and 88M

754.           This item updates references to the Federal Magistrates Court to the Federal Circuit Court of Australia wherever it occurs in proposed new sections 88J, 88K, 88L and 88M of the Federal Circuit Court of Australia Act 1999 .  Item 7 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 would insert a new Part 6A into the Federal Magistrates Act 1999 dealing with powers of the Federal Magistrates Court to make suppression and non-publication orders.  This item is a consequential amendment to reflect the new name of the Court in proposed new subsection 88H(4).

755.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Access to Justice (Federal Jurisdiction) Amendment Act 2012

756.           Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012 provides for the new short title of Federal Magistrates Act 1999 to be the Federal Circuit Court of Australia Act 1999.

Item 54 - Section 88P (heading)

757.           This item updates references to the Federal Magistrates Court to the Federal Circuit Court of Australia in the heading of proposed new section 88P of the Federal Circuit Court of Australia Act 1999 .  Item 9 of Schedule 3 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 would insert a new Part 6B into the Federal Magistrates Act 1999 dealing with powers of the Federal Magistrates Court to make vexatious proceedings orders.  This item is a consequential amendment to reflect the new name of the Court in the heading of proposed new section 88P.

758.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Access to Justice (Federal Jurisdiction) Amendment Act 2012

759.           Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012 provides for the new short title of Federal Magistrates Act 1999 to be the Federal Circuit Court of Australia Act 1999.

Item 55 - Sections 88P, 88Q, 88R, 88S and 88T

760.           This item updates references to the Federal Magistrates Court to the Federal Circuit Court of Australia wherever it occurs in proposed new sections 88P, 88Q, 88R, 88S and 88T of the Federal Circuit Court of Australia Act 1999 .  Item 9 of Schedule 3 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 would insert a new Part 6B into the Federal Magistrates Act 1999 dealing with powers of the Federal Magistrates Court to make vexatious proceedings orders.  This item is a consequential amendment to reflect the new name of the Court in proposed new sections 88P, 88Q, 88R, 88S and 88T.

761.           Clause 2 of this Bill provides for contingent commencement of this item, subject to commencement of the Access to Justice (Federal Jurisdiction) Amendment Act 2012

762.           Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Bill 2012 provides for the new short title of Federal Magistrates Act 1999 to be the Federal Circuit Court of Australia Act 1999.

Item 56 - Subsection 88U(1)

763.           This item updates the reference to ‘Federal Magistrates Court or a Federal Magistrate’ to the ‘Federal Circuit Court of Australia or a Judge’ in