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The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
As read a third time
Federal Circuit Court of Australia (Consequential Amendments) Bill 2013
No. , 2013
A Bill for an Act to deal with consequential matters in connection with the Federal Circuit Court of Australia Legislation Amendment Act 2012 , and for other purposes
Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Schedule(s)......................................................................................... 7
Schedule 1—Main amendments 8
Acts Interpretation Act 1901 8
Administrative Appeals Tribunal Act 1975 8
Administrative Decisions (Judicial Review) Act 1977 9
Admiralty Act 1988 11
Age Discrimination Act 2004 11
Antarctic Treaty (Environment Protection) Act 1980 11
Archives Act 1983 11
Australian Charities and Not-for-profits Commission Act 2012 12
Australian Crime Commission Act 2002 12
Australian Energy Market Act 2004 14
Australian Human Rights Commission Act 1986 14
Australian Security Intelligence Organisation Act 1979 15
Bankruptcy Act 1966 15
Broadcasting Services Act 1992 16
Building Energy Efficiency Disclosure Act 2010 17
Child Support (Assessment) Act 1989 17
Child Support (Registration and Collection) Act 1988 18
Civil Dispute Resolution Act 2011 19
Coal Mining Industry (Long Service Leave) Administration Act 1992 19
Coastal Trading (Revitalising Australian Shipping) Act 2012 20
Competition and Consumer Act 2010 20
Copyright Act 1968 21
Crimes Act 1914 21
Crimes (Superannuation Benefits) Act 1989 23
Criminal Code Act 1995 23
Do Not Call Register Act 2006 25
Education Services for Overseas Students Act 2000 26
Extradition Act 1988 26
Fair Work Act 2009 36
Fair Work (Building Industry) Act 2012 38
Fair Work (Registered Organisations) Act 2009 38
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 39
Family Law Act 1975 40
Family Law Amendment (Validation of Certain Orders and Other Measures) Act 2012 46
Family Law Amendment (Validation of Certain Parenting Orders and Other Measures) Act 2010 46
Federal Court of Australia Act 1976 47
Federal Proceedings (Costs) Act 1981 47
Foreign Evidence Act 1994 48
Freedom of Information Act 1982 48
Greenhouse and Energy Minimum Standards Act 2012 48
Independent Contractors Act 2006 49
Law Enforcement Integrity Commissioner Act 2006 49
Marriage Act 1961 50
Migration Act 1958 50
Mutual Assistance in Criminal Matters Act 1987 53
National Consumer Credit Protection Act 2009 59
National Greenhouse and Energy Reporting Act 2007 59
National Measurement Act 1960 59
National Vocational Education and Training Regulator Act 2011 60
Ombudsman Act 1976 64
Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 64
Paid Parental Leave Act 2010 64
Personally Controlled Electronic Health Records Act 2012 65
Personal Property Securities Act 2009 65
Privacy Act 1988 65
Product Stewardship Act 2011 66
Renewable Energy (Electricity) Act 2000 69
Resale Royalty Right for Visual Artists Act 2009 69
Road Safety Remuneration Act 2012 69
Superannuation Industry (Supervision) Act 1993 70
Taxation Administration Act 1953 71
Telecommunications (Interception and Access) Act 1979 71
Tertiary Education Quality and Standards Agency Act 2011 72
Tobacco Plain Packaging Act 2011 76
Trans-Tasman Proceedings Act 2010 76
Water Act 2007 77
Water Efficiency Labelling and Standards Act 2005 77
Work Health and Safety Act 2011 77
Schedule 2—Bulk amendments 78
Part 1—References to Federal Circuit Court 78
Administrative Decisions (Judicial Review) Act 1977 78
Admiralty Act 1988 78
Australian Crime Commission Act 2002 78
Australian Human Rights Commission Act 1986 78
Bankruptcy Act 1966 78
Coal Mining Industry (Long Service Leave) Administration Act 1992 78
Competition and Consumer Act 2010 78
Do Not Call Register Act 2006 78
Fair Work Act 2009 78
Fair Work (Building Industry) Act 2012 78
Federal Court of Australia Act 1976 78
Federal Proceedings (Costs) Act 1981 78
Law Enforcement Integrity Commissioner Act 2006 78
Migration Act 1958 79
National Consumer Credit Protection Act 2009 79
National Vocational Education and Training Regulator Act 2011 79
Paid Parental Leave Act 2010 79
Personal Property Securities Act 2009 79
Privacy Act 1988 79
Resale Royalty Right for Visual Artists Act 2009 79
Road Safety Remuneration Act 2012 79
Tertiary Education Quality and Standards Agency Act 2011 79
Part 2—References to Federal Circuit Court of Australia 80
Administrative Appeals Tribunal Act 1975 80
A New Tax System (Family Assistance) (Administration) Act 1999 80
Archives Act 1983 80
Child Support (Assessment) Act 1989 80
Child Support (Registration and Collection) Act 1988 80
Copyright Act 1968 80
Family Law Act 1975 80
Foreign Evidence Act 1994 80
Freedom of Information Act 1982 80
Independent Contractors Act 2006 80
Judiciary Act 1903 80
Legislative Instruments Act 2003 80
National Health Security Act 2007 80
National Measurement Act 1960 81
Shipping Registration Act 1981 81
Social Security Act 1991 81
Stronger Futures in the Northern Territory Act 2012 81
Water Act 2007 81
Work Health and Safety Act 2011 81
Schedule 3—Contingent amendments 82
Part 1—Intellectual Property Laws Amendment (Raising the Bar) Act 2012 82
Designs Act 2003 82
Trade Marks Act 1995 84
Part 2—Access to Justice (Federal Jurisdiction) Amendment Act 2012 87
Access to Justice (Federal Jurisdiction) Amendment Act 2012 87
Australian Crime Commission Act 2002 87
Family Law Act 1975 88
Federal Circuit Court of Australia Act 1999 88
Federal Circuit Court of Australia Legislation Amendment Act 2012 89
Federal Court of Australia Act 1976 90
Part 3—Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 91
Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 91
Part 4—Courts Legislation Amendment (Judicial Complaints) Act 2012 92
Federal Circuit Court of Australia Act 1999 92
Freedom of Information Act 1982 93
Part 5—Privacy Amendment (Enhancing Privacy Protection) Act 2012 94
Privacy Act 1988 94
Part 6—Regulatory Powers (Standard Provisions) Act 2013 95
Regulatory Powers (Standard Provisions) Act 2013 95
Part 7—Illegal Logging Prohibition Act 2012 96
Illegal Logging Prohibition Act 2012 96
Part 8—Fair Work Amendment (Transfer of Business) Act 2012 97
Fair Work Act 2009 97
Part 9—Migration Amendment (Reform of Employer Sanctions) Act 2013 98
Migration Act 1958 98
Part 10—National Gambling Reform Act 2012 99
National Gambling Reform Act 2012 99
Schedule 4—General transitional provisions 100
This Bill originated in the House of Representatives; and, having this day passed, is now ready for presentation to the Senate for its concurrence.
B.C. WRIGHT
Clerk of the House of Representatives
House of Representatives
A Bill for an Act to deal with consequential matters in connection with the Federal Circuit Court of Australia Legislation Amendment Act 2012 , and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Federal Circuit Court of Australia (Consequential Amendments) Act 2013 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
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Commencement information |
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Column 1 |
Column 2 |
Column 3 |
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Provision(s) |
Commencement |
Date/Details |
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1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table |
The day this Act receives the Royal Assent. |
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2. Schedule 1 |
At the same time as item 1 of Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Act 2012 commences. |
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3. Schedule 2 |
Immediately after the commencement of the provision(s) covered by table item 2. |
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4. Schedule 3, Part 1 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of item 1 of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 . |
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5. Schedule 3, item 43 |
Immediately after the commencement of item 9 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 . However, the provision(s) do not commence at all if item 9 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 commences at or before the time Schedule 1 to this Act commences. |
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6. Schedule 3, item 44 |
Immediately after the commencement of the provision(s) covered by table item 2. However, the provision(s) do not commence at all if item 9 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 does not commence at or before the time Schedule 1 to this Act commences. |
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7. Schedule 3, items 45 and 46 |
Immediately after the commencement of the provision(s) covered by table item 2. However, the provision(s) do not commence at all if item 9 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 commences at or before the time Schedule 1 to this Act commences. |
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8. Schedule 3, item 47 |
Immediately after the commencement of item 2 of Schedule 3 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 . However, the provision(s) do not commence at all if item 2 of Schedule 3 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 commences before the time Schedule 1 to this Act commences. |
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9. Schedule 3, items 48 to 53 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of item 7 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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10. Schedule 3, items 54 to 61 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of item 9 of Schedule 3 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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11. Schedule 3, item 62 |
Immediately after the commencement of section 2 of the Federal Circuit Court of Australia Legislation Amendment Act 2012 . |
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12. Schedule 3, item 63 |
Immediately after the commencement of item 3 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 . However, the provision(s) do not commence at all if item 3 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 commences before the time Schedule 1 to this Act commences. |
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13. Schedule 3, item 64 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of item 3 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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14. Schedule 3, Part 3 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of section 3 of the Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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15. Schedule 3, Part 4 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of Schedule 1 to the Courts Legislation Amendment (Judicial Complaints) Act 2012 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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16. Schedule 3, Part 5 |
Immediately after the commencement of Schedule 1 to the Privacy Amendment (Enhancing Privacy Protection) Act 2012 . However, the provision(s) do not commence at all if Schedule 1 to the Privacy Amendment (Enhancing Privacy Protection) Act 2012 commences before the time Schedule 1 to this Act commences. |
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17. Schedule 3, Part 6 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of Part 1 of the Regulatory Powers (Standard Provisions) Act 2013 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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18. Schedule 3, Part 7 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of section 7 of the Illegal Logging Prohibition Act 2012 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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19. Schedule 3, Part 8 |
Immediately after the commencement of item 55 of Schedule 1 to the Fair Work Amendment (Transfer of Business) Act 2012 . However, the provision(s) do not commence at all if item 55 of Schedule 1 to the Fair Work Amendment (Transfer of Business) Act 2012 commences before the time Schedule 1 to this Act commences. |
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20. Schedule 3, Part 9 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of item 24 of Schedule 1 to the Migration Amendment (Reform of Employer Sanctions) Act 2013 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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21. Schedule 3, Part 10 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of section 5 of the National Gambling Reform Act 2012 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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22. Schedule 4 |
At the same time as item 1 of Schedule 1 to the Federal Circuit Court of Australia Legislation Amendment Act 2012 commences. |
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Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.