Federal Circuit Court of Australia (Consequential Amendments) Act 2013 (Cth)

Federal Circuit Court of Australia (Consequential Amendments) Act 2013

No. 13, 2013

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

Federal Circuit Court of Australia (Consequential Amendments) Act 2013

No. 13, 2013

An Act to deal with consequential matters in connection with the Federal Circuit Court of Australia Legislation Amendment Act 2012, and for other purposes

[Assented to 14 March 2013]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Federal Circuit Court of Australia (Consequential Amendments) Act 2013.

2Commencement

1. (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.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	14 March 2013
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.	12 April 2013
3. Schedule 2	Immediately after the commencement of the provision(s) covered by table item 2.	12 April 2013
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.	15 April 2013 (paragraph (b) applies)
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.	Does not commence
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.	12 April 2013
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.	Does not commence
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.	11 June 2013
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.	12 April 2013 (paragraph (a) applies)
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.	11 June 2013 (paragraph (b) applies)
11. Schedule 3, item 62	Immediately after the commencement of section 2 of the Federal Circuit Court of Australia Legislation Amendment Act 2012.	28 November 2012
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.	Does not commence
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.	12 April 2013 (paragraph (a) applies)
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.	12 April 2013 (paragraph (b) applies)
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.	12 April 2013 (paragraph (b) applies)
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.	12 March 2014
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.	Never commenced
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.	12 April 2013 (paragraph (a) applies)
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.	Does not commence
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.	1 June 2013 (paragraph (b) applies)
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.	12 April 2013 (paragraph (a) applies)
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.	12 April 2013

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.

1. (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.

3Schedule(s)

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.

Schedule 1—Main amendments

Acts Interpretation Act 1901

1

Section 2B (definition of Magistrate)

Omit “subsections 16C(2) and (3)”, substitute “subsection 16C(2)”.

2

Subsection 16C(3)

Repeal the subsection.

Administrative Appeals Tribunal Act 1975

3

Section 44AA (heading)

Repeal the heading, substitute:

44AATransfer of appeals from Federal Court to Federal Circuit Court

4

Subsection 44AA(11) (heading)

Repeal the heading, substitute:

Federal Circuit Court may make findings of fact

5

Subsection 44A(2A)

Omit “Federal Magistrate” (wherever occurring), substitute “Judge of the Federal Circuit Court of Australia”.

6

Paragraph 44A(3)(b)

Omit “Federal Magistrate”, substitute “Judge of that Court”.

7

Section 46 (heading)

Repeal the heading, substitute:

46Sending of documents to, and disclosure of documents by, the Federal Court and the Federal Circuit Court

Administrative Decisions (Judicial Review) Act 1977

8

Subsection 3(1)

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

9

Subsection 3(1)

Insert:

Federal Circuit Court Rules means the Rules of Court made under the Federal Circuit Court of Australia Act 1999.

10

Subsection 3(1) (definition of Federal Magistrates Rules)

Repeal the definition.

11

Subsection 3(10)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

12

Subsection 3(12)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

13

Section 8 (heading)

Repeal the heading, substitute:

8Jurisdiction of Federal Court and Federal Circuit Court

14

Subparagraph 11(1)(a)(ii)

Omit “Federal Magistrates Rules”, substitute “Federal Circuit Court Rules”.

15

Subsection 11(2)

Repeal the subsection, substitute:

1. (2)

   Any other application to the Federal Court or the Federal Circuit Court under this Act must be made as prescribed by:

   1. (a)

      in the case of an application to the Federal Court—Federal Court Rules; or

   2. (b)

      in the case of an application to the Federal Circuit Court—Federal Circuit Court Rules.

16

Subsections 11(8A) and (9)

Omit “Federal Magistrates Rules”, substitute “Federal Circuit Court Rules”.

17

Section 15A (heading)

Repeal the heading, substitute:

15AStay of proceedings—Federal Circuit Court

18

Subsection 15A(1)

Omit “Federal Magistrates Court” (first occurring), substitute “Federal Circuit Court of Australia”.

19

Paragraphs 15A(1)(a) and (b)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

20

Subsection 15A(2)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

21

Subsection 15A(3)

Repeal the subsection, substitute:

1. (3)

   In this section:

the Federal Circuit Court of Australia or a Judge has the same meaning as in the Federal Circuit Court of Australia Act 1999.

22

Section 16 (heading)

Repeal the heading, substitute:

16Powers of the Federal Court and the Federal Circuit Court in respect of applications for order of review

23

Paragraph (zf) of Schedule 1

Omit “Chief Federal Magistrate”, substitute “Chief Judge of the Federal Circuit Court”.

24

Paragraph (zf) of Schedule 1

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

Admiralty Act 1988

25

Subsection 3(1)

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

Age Discrimination Act 2004

26

Schedule 1 (table item 26)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

Antarctic Treaty (Environment Protection) Act 1980

1. 27

   Subsection 3(1) (paragraph (b) of the definition of Court)

   Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

Archives Act 1983

28

Paragraph 53(7)(a)

Omit “Federal Magistrate”, substitute “Judge”.

Australian Charities and Not‑for‑profits Commission Act 2012

29

Section 300‑5 (definition of issuing officer)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

30

Saving provision

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‑profits Commission Act 2012 before the commencement of this item has effect, after that commencement, as if it had been done by, or in relation to, a Judge of the Federal Circuit Court of Australia, as an issuing officer, under that Division.

Australian Crime Commission Act 2002

31

Subsection 4(1)

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

32

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

Insert:

1. (aa)

   a Judge of the Federal Circuit Court; or

33

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

Omit “Territory; or”, substitute “Territory.”.

34

Subsection 4(1) (paragraph (c) of the definition of issuing officer)

Repeal the paragraph.

35

Paragraph 55A(1)(c)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court”.

36

Subsection 55A(5B) (heading)

Repeal the heading, substitute:

Judge of the Federal Court or Judge of the Federal Circuit Court

37

Subsections 55A(5B) and (5C)

Omit “Federal Magistrate” (wherever occurring), substitute “Judge of the Federal Circuit Court”.

38

Paragraphs 55A(8)(c) and (9)(c)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court”.

39

Subsection 55A(13) (definition of Federal Magistrate)

Repeal the definition.

40

Subsection 55A(13)

Insert:

Judge of the Federal Circuit Court means a Judge of the Federal Circuit Court in a personal capacity and not as a court or a member of a court.

41

Subsection 55C(2)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court”.

42

Subsection 55C(3) (definition of Federal Magistrate)

Repeal the definition.

43

Subsection 55C(3)

Insert:

Judge of the Federal Circuit Court means a Judge of the Federal Circuit Court in a personal capacity and not as a court or a member of a court.

44

Section 57

Omit “Federal Magistrates Rules”, substitute “Federal Circuit Court Rules”.

45

Saving provision

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 before the commencement of this item has effect, after that commencement, as if it had been done by, or in relation to, a Judge of the Federal Circuit Court of Australia, as an issuing officer, under that Division.

Australian Energy Market Act 2004

46

Subsection 11(1) (definition of magistrate)

Omit “Federal Magistrate of the Federal Magistrates Court”, substitute “Judge of the Federal Circuit Court of Australia”.

47

Subsection 11H(1) (definition of magistrate)

Omit “Federal Magistrate of the Federal Magistrates Court”, substitute “Judge of the Federal Circuit Court of Australia”.

Australian Human Rights Commission Act 1986

48

Subsection 3(1)

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

49

Division 2 of Part IIB (heading)

Repeal the heading, substitute:

Division 2—Proceedings in the Federal Court and the Federal Circuit Court

50

Section 49B (heading)

Repeal the heading, substitute:

49BJurisdiction of Federal Court and Federal Circuit Court

Australian Security Intelligence Organisation Act 1979

51

Section 34A (definition of Federal Magistrate)

Repeal the definition.

52

Subsection 34AB(1)

Repeal the subsection, substitute:

1. (1)

   The Minister may, by writing, appoint as an issuing authority a person who is a Judge.

53

Saving provisions

(1) An appointment that is in force immediately before the commencement of this item under section 34AB of the Australian Security Intelligence Organisation Act 1979 continues in force, after that commencement, as:

1. (a)

   an appointment under section 34AB of that Act (as amended by this Act); and

2. (b)

   if the appointment is in respect of a Federal Magistrate—an appointment in respect of a Judge of the Federal Circuit Court of Australia.

(2) A consent that is in force immediately before the commencement of this item under subsection 34AB(2) of the Australian Security Intelligence Organisation Act 1979 in respect of a Federal Magistrate continues in force, after that commencement, as a consent in respect of a Judge of the Federal Circuit Court of Australia.

(3) 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 before the commencement of this item has effect, after that commencement, as if it had been done by, or in relation to, a Judge of the Federal Circuit Court of Australia, as an issuing authority, under that Division.

Bankruptcy Act 1966

54

Subsection 5(1)

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

55

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

Repeal the note.

56

Subsection 5(5)

Repeal the subsection.

57

Saving provisions

(1) A consent that is in force immediately before the commencement of this item under subsection 129A(1) of the Bankruptcy Act 1966 in respect of a Federal Magistrate continues in force, after that commencement, as a consent in respect of a Judge of the Federal Circuit Court of Australia.

(2) A declaration that is in force immediately before the commencement of this item under subsection 129A(2) of the Bankruptcy Act 1966 in respect of a Federal Magistrate continues in force, after that commencement, as a declaration in respect of a Judge of the Federal Circuit Court of Australia.

(3) A thing done by, or in relation to, a Federal Magistrate, as an eligible judge, under section 130 of the Bankruptcy Act 1966 before the commencement of this item has effect, after that commencement, as if it had been done by, or in relation to, a Judge of the Federal Circuit Court of Australia, as an eligible judge, under that section.

Broadcasting Services Act 1992

58

Subsection 6(1)

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

59

Paragraph 121FS(1)(b)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

Building Energy Efficiency Disclosure Act 2010

1. 60

   Section 3 (paragraph (b) of the definition of Court)

   Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

Child Support (Assessment) Act 1989

61

Subsection 5(1)

Insert:

related Federal Circuit Court Rules has the same meaning as in the Family Law Act 1975.

62

Subsection 5(1) (definition of related Federal Magistrates Rules)

Repeal the definition.

63

Subsection 100(1)

Omit “related Federal Magistrates Rules”, substitute “related Federal Circuit Court Rules”.

64

Section 102 (heading)

Repeal the heading, substitute:

102Appeals to Full Court of Family Court from courts other than the Federal Circuit Court and the Magistrates Court of Western Australia

65

Section 102A (heading)

Repeal the heading, substitute:

102AAppeals to Family Court from the Federal Circuit Court and the Magistrates Court of Western Australia

66

Paragraph 102A(1)(b)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

67

Paragraphs 103(3)(a) and (c)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

68

Subsection 103(4)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

Child Support (Registration and Collection) Act 1988

69

Subsection 4(1)

Insert:

related Federal Circuit Court Rules has the same meaning as in the Family Law Act 1975.

70

Subsection 4(1) (definition of related Federal Magistrates Rules)

Repeal the definition.

71

Subsection 105(1)

Omit “related Federal Magistrates Rules”, substitute “related Federal Circuit Court Rules”.

72

Section 107 (heading)

Repeal the heading, substitute:

107Appeals to Family Court from courts other than the Federal Circuit Court and the Magistrates Court of Western Australia

73

Section 107A (heading)

Repeal the heading, substitute:

107AAppeals to Family Court from the Federal Circuit Court and the Magistrates Court of Western Australia

74

Paragraph 107A(1)(b)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

75

Paragraphs 108(3)(a) and (c)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

76

Subsection 108(4)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

77

Paragraph 110E(b)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

78

Paragraph 110J(b)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

Civil Dispute Resolution Act 2011

1. 79

   Section 5 (paragraph (b) of the definition of eligible court)

   Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

80

Subsections 12(1) and (2)

Omit “, Federal Magistrate”.

81

Section 18

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

Coal Mining Industry (Long Service Leave) Administration Act 1992

82

Subsection 4(1)

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

83

Section 52C (heading)

Repeal the heading, substitute:

52CConferral of jurisdiction on the Federal Court and the Federal Circuit Court

84

Paragraphs 52C(3)(b) and (c)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

Coastal Trading (Revitalising Australian Shipping) Act 2012

85

Subsection 6(1)

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

86

Subsection 86(1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

Competition and Consumer Act 2010

87

Subsection 4(1)

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

88

Section 86AA (heading)

Repeal the heading, substitute:

86AALimit on jurisdiction of Federal Circuit Court

89

Section 86AA (note)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

90

Section 138A (heading)

Repeal the heading, substitute:

138AConferring jurisdiction on the Federal Circuit Court

91

Subsection 151AQA(4)

Omit “Federal Magistrate” (first occurring), substitute “Judge of the Federal Circuit Court”.

92

Subsection 151AQA(4)

Omit “Federal Magistrate” (last occurring), substitute “Judge”.

Copyright Act 1968

93

Section 131D (heading)

Repeal the heading, substitute:

131DJurisdiction of Federal Circuit Court of Australia

94

Section 135AS (heading)

Repeal the heading, substitute:

135ASJurisdiction of Federal Circuit Court of Australia

95

Section 248MA (heading)

Repeal the heading, substitute:

248MAJurisdiction of Federal Circuit Court

Crimes Act 1914

96

Section 3ZQL (heading)

Repeal the heading, substitute:

3ZQLDefinition

1. 97

   Section 3ZQL (definition of Federal Magistrate)

   Repeal the definition.

98

Subsection 3ZQO(1)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

99

Subsections 3ZQO(2) and (3)

Omit “Magistrate” (wherever occurring), substitute “Judge”.

100

Section 3ZQQ (heading)

Repeal the heading, substitute:

3ZQQPowers conferred on Federal Circuit Court Judges in their personal capacity

101

Subsection 3ZQQ(1)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

102

Subsection 3ZQQ(1)

Omit “the Magistrate”, substitute “the Judge”.

103

Subsection 3ZQQ(2)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

104

Subsection 3ZQQ(3)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

105

Subsection 3ZQQ(3)

Omit “the Magistrate”, substitute “the Judge”.

106

Paragraph 4AAA(1)(ab)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

107

Subsections 4AAA(2) and (3A)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

108

Saving provision

A thing done by, or in relation to, a Federal Magistrate under section 3ZQO of the Crimes Act 1914 before the commencement of this item has effect, after that commencement, as if it had been done by, or in relation to, a Judge of the Federal Circuit Court of Australia under that section.

Crimes (Superannuation Benefits) Act 1989

109

Paragraph 7(2)(b)

Omit “(other than the Federal Magistrates Court)”.

110

Paragraph 7(2)(ba)

Repeal the paragraph.

Criminal Code Act 1995

1. 110A

   Subsection 100.1(1) of the Criminal Code (paragraph (c) of the definition of issuing court)

   Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

110B

Paragraph 105.2(1)(c) of the Criminal Code

Repeal the paragraph.

110C

Subsection 105.11(1) of the Criminal Code (note)

Omit “Federal Magistrates,”.

110D

Section 105.12 of the Criminal Code (heading)

Repeal the heading, substitute:

105.12Judge, AAT member or retired judge may make continued preventative detention order

1. 110E

   Subsection 105.12(1) of the Criminal Code (note)

   Omit “Federal Magistrates,”.

110F

Subsection 105.18(2) of the Criminal Code

Omit “, a Federal Magistrate”.

110G

Subsection 105.18(2) of the Criminal Code

Omit “, Federal Magistrate”.

110H

Subsections 105.43(4), (5) and (7) of the Criminal Code

Omit “Federal Magistrate” (wherever occurring), substitute “Judge of the Federal Circuit Court of Australia”.

110J

Section 105.46 of the Criminal Code (heading)

Repeal the heading, substitute:

105.46Nature of functions of Federal Circuit Court Judge

110K

Section 105.46 of the Criminal Code

Omit “Federal Magistrate” (wherever occurring), substitute “Judge of the Federal Circuit Court of Australia”.

110L

Subsection 105.46(3) of the Criminal Code

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

110M

At the end of Division 106 of the Criminal Code

Add:

106.4Saving—Federal Magistrates

1. (1)

   An appointment that is in force immediately before the commencement of this section under subsection 105.2(1) in respect of a Federal Magistrate continues in force, after that commencement, as an appointment in respect of a Judge of the Federal Circuit Court of Australia under that subsection.

2. (2)

   A consent that is in force immediately before the commencement of this section under subsection 105.2(2) in respect of a Federal Magistrate continues in force, after that commencement, as a consent in respect of a Judge of the Federal Circuit Court of Australia.

3. (3)

   A thing done by, or in relation to, a Federal Magistrate, as an issuing authority for continued preventative detention orders, under Division 105 before the commencement of this section has effect, after that commencement, as if it had been done by, or in relation to, a Judge of the Federal Circuit Court of Australia, as an issuing authority for continued preventative detention orders, under that Division.

111

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

Omit “(other than the Federal Magistrates Court)”.

112

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

Repeal the paragraph.

Do Not Call Register Act 2006

113

Section 4

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

114

Section 38 (heading)

Repeal the heading, substitute:

38Other powers of the Federal Court or the Federal Circuit Court unaffected

115

Paragraph 7(c) of Schedule 3

Omit “Federal Magistrates Court’s”, substitute “Federal Circuit Court’s”.

Education Services for Overseas Students Act 2000

116

Subsection 110B(1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

Extradition Act 1988

117

Section 5

Insert:

eligible Federal Circuit Court Judge means 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.

118

Section 5 (definition of Federal Magistrate)

Repeal the definition.

119

Section 5 (paragraph (aa) of the definition of magistrate)

Repeal the paragraph.

120

Subsection 11(6)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

121

Paragraph 12(1)(a)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

122

Paragraph 12(1)(b)

After “magistrate”, insert “or Judge”.

123

Subsection 12(1)

After “the magistrate” (last occurring), insert “or Judge”.

124

Subsection 12(2)

After “magistrate” (wherever occurring), insert “or Judge”.

125

Subsection 12(3)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

126

Subsection 14(1)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

127

Subsection 14(1)

After “the magistrate”, insert “or Judge”.

128

Subsection 14(2)

After “magistrate” (wherever occurring), insert “or Judge”.

129

Section 15

After “magistrate” (wherever occurring), insert “or eligible Federal Circuit Court Judge”.

130

Paragraph 15A(2)(b)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

131

Subsection 15A(3) (heading)

Repeal the heading, substitute:

Person may inform a magistrate or Judge that he or she wishes to waive extradition

132

Subsection 15A(3)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

133

Subsection 15A(4) (heading)

Repeal the heading, substitute:

Magistrate or Judge must make order etc. if satisfied of matters

134

Subsection 15A(4)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

135

Subsection 15A(4)

After “the magistrate”, insert “or Judge”.

136

Subsection 15A(5)

After “the magistrate” (first occurring), insert “or Judge”.

137

Paragraph 15A(5)(a)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

138

At the end of paragraph 15A(5)(d)

Add “or Judge”.

139

Subsection 15A(6) (heading)

Repeal the heading, substitute:

Rules that apply until magistrate or Judge decides not to make an order

140

Subsection 15A(6)

After “a magistrate” (wherever occurring), insert “or eligible Federal Circuit Court Judge”.

141

Subsection 15A(7) (heading)

Repeal the heading, substitute:

Magistrate or Judge must advise Attorney‑General if not satisfied of matters

142

Subsection 15A(7)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

143

Subsection 15A(7)

After “the magistrate” (wherever occurring), insert “or Judge”.

144

Subsections 15B(1) and (4)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

145

Subsection 16(1)

After “magistrate”, insert “or eligible Federal Circuit Court Judge”.

146

Paragraph 16A(2)(b)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

147

At the end of subsection 16A(3)

Add “or eligible Federal Circuit Court Judge”.

148

Subsection 17(1)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

149

At the end of subsection 17(2)

Add “or eligible Federal Circuit Court Judge”.

150

Subsection 17(2A)

After “magistrate” (wherever occurring), insert “or Judge”.

151

Subsections 17(3), (4) and (5)

After “a magistrate” (wherever occurring), insert “or eligible Federal Circuit Court Judge”.

152

Paragraph 17(5)(c)

After “the magistrate”, insert “or Judge”.

153

Paragraph 17(5)(d)

After “the magistrate’s”, insert “or Judge’s”.

154

Paragraph 17(5)(d)

After “the magistrate”, insert “or Judge”.

155

Subsection 18(1)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

156

Subsections 18(1A) and (2)

After “magistrate” (wherever occurring), insert “or Judge”.

157

Subsection 18(3)

After “magistrate”, insert “or eligible Federal Circuit Court Judge”.

158

Subsection 18(4)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

159

Subsection 18(4)

After “the magistrate”, insert “or Judge”.

160

Paragraph 19(1)(c)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

161

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

After “the magistrate” (wherever occurring), insert “or Judge”.

162

Subsection 19(9A)

After “magistrate”, insert “or eligible Federal Circuit Court Judge”.

163

Subsection 19(10)

After “the magistrate” (wherever occurring), insert “or Judge”.

164

Paragraph 19(10)(b)

After “magistrate’s”, insert “or Judge’s”.

165

Subparagraph 19A(1)(b)(ii)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

166

Subsections 19A(2) and (3)

After “the magistrate” (wherever occurring), insert “or Judge”.

167

Subsection 19A(4) (heading)

Repeal the heading, substitute:

Magistrate or Judge to advise Attorney‑General of consent

168

Subsection 19A(4)

After “the magistrate”, insert “or Judge”.

169

Subparagraph 20(1)(a)(ii)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

170

Subsections 20(1) and (2)

After “the magistrate”, insert “or Judge”.

171

Section 21 (heading)

Repeal the heading, substitute:

21Review of magistrate’s or Judge’s order

172

Subsection 21(1)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

173

Subsection 21(1)

After “the magistrate”, insert “or Judge”.

174

Paragraph 21(2)(a)

After “the magistrate”, insert “or Judge”.

175

Paragraph 21(6)(d)

After “the magistrate”, insert “or Judge”.

176

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

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

177

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

Omit “referred to in that paragraph”, substitute “or Judge who made the order under subsection 19(9)”.

178

Paragraphs 22(5)(a) and (b)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

179

Paragraph 26(1)(ca)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

180

Paragraph 28(a)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

181

Section 28

After “the magistrate” (wherever occurring), insert “or Judge”.

182

Paragraph 29(a)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

183

Section 29

After “the magistrate” (wherever occurring), insert “or Judge”.

184

Subsection 31(1)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

185

Subsection 31(1)

After “the magistrate”, insert “or Judge”.

186

Subsection 31(2)

After “magistrate” (wherever occurring), insert “or Judge”.

187

Section 32

After “magistrate” (wherever occurring), insert “or eligible Federal Circuit Court Judge”.

188

Paragraph 33(c)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

189

Section 33

After “the magistrate”, insert “or Judge”.

190

Subsections 33A(1) and (2)

After “the magistrate”, insert “or Judge”.

191

Paragraph 34(1)(b)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

192

Subsections 34(1) and (2)

After “the magistrate” (wherever occurring), insert “or Judge”.

193

Subsections 34(3) and (4)

After “magistrate”, insert “or Judge”.

194

Section 35 (heading)

Repeal the heading, substitute:

35Review of magistrate’s or Judge’s order

195

Subsection 35(1)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

196

Subsection 35(1)

After “the magistrate”, insert “or Judge”.

197

Paragraphs 35(2)(a) and (b)

After “the magistrate”, insert “or Judge”.

198

Paragraph 35(2)(b)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

199

Paragraph 35(6)(d)

After “the magistrate”, insert “or Judge”.

200

Subsection 38(3)

After “the magistrate”, insert “or Judge”.

201

Subsection 43(1)

After “any magistrate”, insert “or eligible Federal Circuit Court Judge”.

202

Subsection 43(2)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

203

Subsection 43(2)

After “the magistrate” (wherever occurring), insert “or Judge”.

204

Subsection 43(3)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

205

Paragraph 45(1)(a)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

206

Section 45A (heading)

Repeal the heading, substitute:

45AFederal Circuit Court Judges—consent to nomination

207

Subsections 45A(1) and (2)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

208

Subsection 45A(2)

Omit “a magistrate”, substitute “an eligible Federal Circuit Court Judge”.

209

Section 45B (heading)

Repeal the heading, substitute:

45BMagistrates and Federal Circuit Court Judges—personal capacity

210

Subsection 45B(1)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

211

Subsection 45B(1)

After “the magistrate”, insert “or Judge”.

212

Subsection 45B(2)

Omit “(other than a Federal Magistrate)”.

213

Subsection 45B(3)

After “A magistrate”, insert “or eligible Federal Circuit Court Judge”.

214

Subsection 45B(3)

After “the magistrate” (wherever occurring), insert “or Judge”.

215

Section 46A (heading)

Repeal the heading, substitute:

46AGiving notices to magistrates or Judges etc.

216

Paragraphs 46A(1)(a) and (b)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

217

Subsection 46A(2) (heading)

Repeal the heading, substitute:

Giving the notice to a magistrate or Judge

218

Subsection 46A(2)

After “a magistrate” (wherever occurring), insert “or eligible Federal Circuit Court Judge”.

219

Paragraph 46A(3)(a)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

220

Paragraph 46A(3)(a)

After “the magistrate”, insert “or Judge”.

221

Paragraph 46A(3)(b)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

222

Paragraph 46A(3)(c)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

223

At the end of paragraph 46A(3)(c)

Add “or Judge”.

224

Subparagraph 48(1)(b)(iii)

After “any magistrate”, insert “or eligible Federal Circuit Court Judge”.

225

Subparagraph 48(1)(b)(iii)

After “the magistrate”, insert “or Judge”.

226

Subparagraph 48(1)(b)(iv)

After “a magistrate”, insert “or eligible Federal Circuit Court Judge”.

227

At the end of subsection 49(2)

Add “or eligible Federal Circuit Court Judge”.

228

Subsection 49(3)

After “the magistrate” (wherever occurring), insert “or Judge”.

229

Section 49B (heading)

Repeal the heading, substitute:

49BOrders for bail to be on terms and conditions court, magistrate or Judge thinks fit

230

Section 49B

Omit “or a magistrate”, substitute “, magistrate or eligible Federal Circuit Court Judge”.

231

Section 49B

Omit “or magistrate”, substitute “, magistrate or Judge”.

232

Paragraph 55(c)

After “magistrates” (wherever occurring), insert “or eligible Federal Circuit Court Judges”.

233

Saving provisions

(1) A consent that is in force immediately before the commencement of this item under subsection 45A(1) of the Extradition Act 1988 in respect of a Federal Magistrate continues in force, after that commencement, as a consent in respect of a Judge of the Federal Circuit Court of Australia.

(2) A nomination that is in force immediately before the commencement of this item under subsection 45A(2) of the Extradition Act 1988 in respect of a Federal Magistrate continues in force, after that commencement, as a nomination in respect of a Judge of the Federal Circuit Court of Australia.

(3) A thing done by, or in relation to, a Federal Magistrate under the Extradition Act 1988 before the commencement of this item has effect, after that commencement, as if it had been done by, or in relation to, an eligible Federal Circuit Court Judge under that Act.

Fair Work Act 2009

234

Section 12

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

235

Subsection 545(1) (heading)

Repeal the heading, substitute:

Federal Court and Federal Circuit Court

236

Division 3 of Part 4‑2 (heading)

Repeal the heading, substitute:

Division 3—Jurisdiction and powers of the Federal Circuit Court

237

Section 566 (heading)

Repeal the heading, substitute:

566Conferring jurisdiction on the Federal Circuit Court

238

Section 567 (heading)

Repeal the heading, substitute:

567Exercising jurisdiction in the Fair Work Division of the Federal Circuit Court

239

Paragraphs 567(b) and (c)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

240

Section 568 (heading)

Repeal the heading, substitute:

568No limitation on Federal Circuit Court’s powers

241

Section 568

Omit “Federal Magistrates Court’s”, substitute “Federal Circuit Court’s”.

242

Section 568

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

243

Paragraph 576(2)(ca)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

244

After subsection 627(1)

Insert:

1. (1A)

   Paragraph (1)(a) does not apply to a person who is a Judge of the Federal Circuit Court.

245

After subsection 627(2)

Insert:

1. (2A)

   Subparagraph (2)(a)(i) does not apply to a person who is a Judge of the Federal Circuit Court.

246

Section 653A (heading)

Repeal the heading, substitute:

653AArrangements with the Federal Court and the Federal Circuit Court

Fair Work (Building Industry) Act 2012

247

Subsection 4(1)

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

Fair Work (Registered Organisations) Act 2009

248

Section 6

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

249

Section 353A (heading)

Repeal the heading, substitute:

353ARepresentation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit Court

250

Subsection 353A(1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

251

Subitem 16(1) of Schedule 16 (table)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court”.

252

Item 17 of Schedule 16

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

253

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

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

254

Item 25 of Schedule 17 (heading)

Repeal the heading, substitute:

25

Conferring jurisdiction on the Federal Circuit Court

255

Item 25 of Schedule 17

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

256

Item 26 of Schedule 17 (heading)

Repeal the heading, substitute:

26

Exercising jurisdiction in the Fair Work Division of the Federal Circuit Court

257

Item 26 of Schedule 17

Omit “Federal Magistrates Court” (first and second occurring), substitute “Federal Circuit Court”.

258

Paragraph 26(a) of Schedule 17

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

259

Paragraphs 26(b) and (c) of Schedule 17

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

260

Paragraphs 26(d) and (e) of Schedule 17

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

261

Item 27 of Schedule 17 (heading)

Repeal the heading, substitute:

27

No limitation on Federal Circuit Court’s powers

262

Item 27 of Schedule 17

Omit “Federal Magistrates Court’s”, substitute “Federal Circuit Court’s”.

263

Item 27 of Schedule 17

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

Family Law Act 1975

264

Subsection 4(1)

Omit “related Federal Magistrates Rules” (first occurring), substitute “related Federal Circuit Court Rules”.

265

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

Omit “related Federal Magistrates Rules”, substitute “related Federal Circuit Court Rules”.

266

Subsection 4(1)

Insert:

related Federal Circuit Court Rules means the Rules of Court made under the Federal Circuit Court of Australia Act 1999 to the extent to which they relate to this Act.

267

Subsection 4(1) (definition of related Federal Magistrates Rules)

Repeal the definition.

268

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

Omit “related Federal Magistrates Rules”, substitute “related Federal Circuit Court Rules”.

269

Subsections 4(1A), (2) and (2A)

Omit “related Federal Magistrates Rules”, substitute “related Federal Circuit Court Rules”.

270

Paragraphs 4(3)(b), (d) and (f)

Omit “related Federal Magistrates Rules”, substitute “related Federal Circuit Court Rules”.

271

Paragraph 10C(1)(d)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

272

Paragraph 10G(1)(d)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

273

Paragraph 11B(b)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

274

Section 11B (note)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

275

Section 13G (heading)

Repeal the heading, substitute:

13GFamily Court and Federal Circuit Court may determine questions of law referred by arbitrator

276

Section 13J (heading)

Repeal the heading, substitute:

13JFamily Court or Federal Circuit Court can review registered awards

277

Section 13K (heading)

Repeal the heading, substitute:

13KFamily Court and Federal Circuit Court may set aside registered awards

278

Section 33A (heading)

Repeal the heading, substitute:

33AProceedings not to be instituted in the Family Court if an associated matter is before the Federal Circuit Court

279

Section 33B (heading)

Repeal the heading, substitute:

33BDiscretionary transfer of proceedings to the Federal Circuit Court

280

Section 33C (heading)

Repeal the heading, substitute:

33CMandatory transfer of proceedings to the Federal Circuit Court

281

Paragraph 33C(8)(b)

Omit “Legislative Instruments Act 1999”, substitute “Legislative Instruments Act 2003”.

282

Subparagraph 39(6)(d)(iv)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

283

Section 40A (heading)

Repeal the heading, substitute:

40AExercise of jurisdiction of Federal Circuit Court in certain States and Territories

284

Subsection 45(2) (note 2)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

285

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

Omit “related Federal Magistrates Rules”, substitute “related Federal Circuit Court Rules”.

286

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

Omit “related Federal Magistrates Rules”, substitute “related Federal Circuit Court Rules”.

287

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

Omit “related Federal Magistrates Rules”, substitute “related Federal Circuit Court Rules”.

288

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

Omit “related Federal Magistrates Rules”, substitute “related Federal Circuit Court Rules”.

289

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

Omit “related Federal Magistrates Rules”, substitute “related Federal Circuit Court Rules”.

290

Subsection 65D(3) (note)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

291

Section 69H (heading)

Repeal the heading, substitute:

69HJurisdiction of Family Court, State Family Courts, Northern Territory Supreme Court and Federal Circuit Court

292

Section 69ZO

Omit “, Federal Magistrate”.

293

Subsection 69ZR(3)

Omit “, Federal Magistrate”.

294

Subsection 70NECA(2)

Omit “, Federal Magistrate”.

295

Subsection 70NFF(2)

Omit “, Federal Magistrate”.

296

Section 94 (heading)

Repeal the heading, substitute:

94Appeals to Family Court from courts other than Federal Circuit Court and Magistrates Court of Western Australia

297

Section 94AAA (heading)

Repeal the heading, substitute:

94AAAAppeals to Family Court from Federal Circuit Court and Magistrates Court of Western Australia

298

Paragraph 94AAA(1)(b)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

299

Paragraphs 94A(3)(a) and (c)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

300

Subsection 94A(4)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

301

Subsection 97(1A)

Omit “, Federal Magistrate”.

302

Subsection 98(2) (note)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

303

Section 109B (heading)

Repeal the heading, substitute:

109BRules of Court relating to enforcement—Federal Circuit Court

304

Subsection 109B(1)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

305

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

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

306

Subsection 112AH(2)

Omit “, Federal Magistrate”.

307

Subsection 115(11)

Repeal the subsection.

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

308

At the end of Part 1 of Schedule 1

Add:

6A

Effect of change of name of Federal Magistrates Court

To the extent that this Part applies after the commencement of Schedule 2 to the Federal Circuit Court of Australia Legislation Amendment Act 2012:

1. (a)

   a reference in this Part to the Federal Magistrates Act 1999 is taken to include a reference to the Federal Circuit Court of Australia Act 1999; and

2. (b)

   a reference in this Part to the Federal Magistrates Court is taken to include a reference to the Federal Circuit Court of Australia.

309

At the end of Part 2 of Schedule 1

Add:

13

Effect of change of name of Federal Magistrates Court

To the extent that this Part applies after the commencement of Schedule 2 to the Federal Circuit Court of Australia Legislation Amendment Act 2012:

1. (a)

   a reference in this Part to the Federal Magistrates Act 1999 is taken to include a reference to the Federal Circuit Court of Australia Act 1999; and

2. (b)

   a reference in this Part 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

310

At the end of Schedule 1

Add:

11

Effect of change of name of Federal Magistrates Court

To the extent that this Schedule applies after the commencement of Schedule 2 to the Federal Circuit Court of Australia Legislation Amendment Act 2012:

1. (a)

   a reference in this Schedule to the Federal Magistrates Act 1999 is taken to include a reference to the Federal Circuit Court of Australia Act 1999; and

2. (b)

   a reference in this Schedule to a Federal Magistrate is taken to include a reference to a Judge of the Federal Circuit Court of Australia; and

3. (c)

   a reference in this Schedule to the Federal Magistrates Court is taken to include a reference to the Federal Circuit Court of Australia.

Federal Court of Australia Act 1976

311

Section 4

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

312

Section 32AA (heading)

Repeal the heading, substitute:

32AAProceedings not to be instituted in the Court if an associated matter is before the Federal Circuit Court

313

Section 32AB (heading)

Repeal the heading, substitute:

32ABDiscretionary transfer of civil proceedings to the Federal Circuit Court

Federal Proceedings (Costs) Act 1981

314

Subsection 3(1)

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

Foreign Evidence Act 1994

315

Division 2 of Part 2 (heading)

Repeal the heading, substitute:

Division 2—Proceedings in the Federal Circuit Court of Australia and inferior courts

316

Section 9A (heading)

Repeal the heading, substitute:

9AOrders for taking evidence abroad—Federal Circuit Court

317

Paragraph 12(2)(a)

Omit “Federal Magistrates Court’s”, substitute “Federal Circuit Court of Australia’s”.

Freedom of Information Act 1982

318

Paragraph 64(8)(a)

Omit “Federal Magistrate”, substitute “Judge”.

Greenhouse and Energy Minimum Standards Act 2012

1. 319

   Section 5 (paragraph (b) of the definition of issuing officer)

   Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

320

Saving provision

A thing done by, or in relation to, a Federal Magistrate, as an issuing officer, under the Greenhouse and Energy Minimum Standards Act 2012 before the commencement of this item has effect, after that commencement, as if it had been done by, or in relation to, a Judge of the Federal Circuit Court of Australia, as an issuing officer, under that Act.

Independent Contractors Act 2006

321

Subsection 12(1) (note)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

322

Subsection 15(4) (note)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

Law Enforcement Integrity Commissioner Act 2006

323

Subsection 5(1)

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

324

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

Insert:

1. (ia)

   a Judge of the Federal Circuit Court of Australia sitting in Chambers; or

325

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

Repeal the subparagraph.

326

Paragraph 109(7)(b)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

327

Saving provision

A thing done by, or in relation to, a Federal Magistrate, as an issuing officer, under the Law Enforcement Integrity Commissioner Act 2006 before the commencement of this item has effect, after that commencement, as if it had been done by, or in relation to, a Judge of the Federal Circuit Court of Australia, as an issuing officer, under that Act.

Marriage Act 1961

1. 328

   Subsection 5(1) (paragraph (a) of the definition of Judge)

   Omit “Federal Magistrate of the Federal Magistrates Court”, substitute “Judge of the Federal Circuit Court of Australia”.

329

Subsection 9A(1)

Omit “Federal Magistrate of the Federal Magistrates Court”, substitute “Judge of the Federal Circuit Court of Australia”.

330

Subsection 92(1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

Migration Act 1958

331

Subsection 5(1)

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

332

Section 91X (heading)

Repeal the heading, substitute:

91XNames of applicants for protection visas not to be published by the High Court, Federal Court or Federal Circuit Court

333

Section 476 (heading)

Repeal the heading, substitute:

476Jurisdiction of the Federal Circuit Court

334

Paragraph 476A(1)(a)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

335

Section 477 (heading)

Repeal the heading, substitute:

477Time limits on applications to the Federal Circuit Court

336

Section 484 (heading)

Repeal the heading, substitute:

484Exclusive jurisdiction of High Court, Federal Court and Federal Circuit Court

337

Section 486C (heading)

Repeal the heading, substitute:

486CPersons who may commence or continue proceedings in the Federal Circuit Court or the Federal Court

338

Subsection 486C(3)

Omit “Federal Magistrates Court’s”, substitute “Federal Circuit Court’s”.

339

Subsection 486C(3A)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

340

Paragraph 500(6)(d)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge of that Court”.

341

Section 503B (heading)

Repeal the heading, substitute:

503BProtection of confidential information disclosed to Federal Court or Federal Circuit Court—permanent non‑disclosure orders

342

Subsection 503B(2)

Omit “Federal Magistrates Court’s”, substitute “Federal Circuit Court’s”.

343

Subsection 503B(4)

After “single Judge”, insert “of that Court”.

344

Subsection 503B(4)

Omit “Federal Magistrates Court under this section are to be exercised by a single Federal Magistrate”, substitute “Federal Circuit Court under this section are to be exercised by a single Judge of that Court”.

345

Subsection 503B(14) (table item 1)

Omit “Federal Magistrates Court’s”, substitute “Federal Circuit Court’s”.

346

Section 503C (heading)

Repeal the heading, substitute:

503CProtection of confidential information disclosed to Federal Court or Federal Circuit Court—interim non‑disclosure orders

347

Paragraph 503C(3)(c)

Omit “Federal Magistrates Court’s”, substitute “Federal Circuit Court’s”.

348

Subsection 503C(4)

Omit “Federal Magistrates Court’s”, substitute “Federal Circuit Court’s”.

349

Subsection 503C(6)

After “single Judge”, insert “of that Court”.

350

Subsection 503C(6)

Omit “Federal Magistrates Court under this section are to be exercised by a single Federal Magistrate”, substitute “Federal Circuit Court under this section are to be exercised by a single Judge of that Court”.

Mutual Assistance in Criminal Matters Act 1987

351

Subsection 3(1)

Insert:

eligible Federal Circuit Court Judge means 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.

352

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

After “Magistrate”, insert “or eligible Federal Circuit Court Judge”.

353

Subsection 3(1) (definition of Federal Magistrate)

Repeal the definition.

354

Subsection 3(1) (paragraph (aa) of the definition of Magistrate)

Repeal the paragraph.

355

Paragraph 13(2)(a)

After “a Magistrate”, insert “or eligible Federal Circuit Court Judge”.

356

Subparagraphs 13(2)(a)(i) and (vi)

After “Magistrate”, insert “or Judge”.

357

Paragraph 13(2)(b)

After “a Magistrate”, insert “or eligible Federal Circuit Court Judge”.

358

Paragraph 13(2)(b)

After “the Magistrate” (wherever occurring), insert “or Judge”.

359

Subsection 13(2A)

After “a Magistrate”, insert “or eligible Federal Circuit Court Judge”.

360

Subsection 13(2B)

After “a Magistrate”, insert “or eligible Federal Circuit Court Judge”.

361

Subsection 13(2B)

After “the Magistrate”, insert “or Judge”.

362

Subsection 13(2C)

After “a Magistrate”, insert “or eligible Federal Circuit Court Judge”.

363

Subsection 13(2C)

After “the Magistrate” (wherever occurring), insert “or Judge”.

364

Subsection 13(2D)

After “a Magistrate”, insert “or eligible Federal Circuit Court Judge”.

365

Subsection 13(2D)

After “the Magistrate” (wherever occurring), insert “or Judge”.

366

Subsection 13(4)

After “The Magistrate”, insert “or eligible Federal Circuit Court Judge”.

367

Paragraph 13(4)(b)

After “Magistrate”, insert “or Judge”.

368

At the end of subsection 13(4)

Add “or Judge”.

369

Subsection 13(4A)

After “Magistrate”, insert “or eligible Federal Circuit Court Judge”.

370

Paragraph 13(4B)(a)

After “Magistrate”, insert “or eligible Federal Circuit Court Judge”.

371

Subsection 13(5)

After “Magistrate”, insert “or eligible Federal Circuit Court Judge”.

372

Subsection 13AA(1)

After “a Magistrate”, insert “or eligible Federal Circuit Court Judge”.

373

Subsection 13AA(2)

Omit “If the Magistrate is a Federal Magistrate”, substitute “In the case of an eligible Federal Circuit Court Judge”.

374

Subsection 13AA(2)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

375

Subsection 13AA(2)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

376

Paragraphs 13AB(1)(a) and (b)

Omit “a Federal Magistrate”, substitute “an eligible Federal Circuit Court Judge”.

377

Paragraphs 13AB(1)(c) and (d)

Omit “(other than a Federal Magistrate)”.

378

Section 15

After “Magistrate”, insert “or eligible Federal Circuit Court Judge”.

379

At the end of subsection 25(2)

Add “or eligible Federal Circuit Court Judge”.

380

Subsection 25(3)

After “Magistrate” (wherever occurring), insert “or Judge”.

381

At the end of subsection 31(2)

Add “or eligible Federal Circuit Court Judge”.

382

Subsection 31(3)

After “Magistrate” (wherever occurring), insert “or Judge”.

383

Subsection 38C(1)

After “If the Magistrate”, insert “or eligible Federal Circuit Court Judge”.

384

Subsection 38C(1)

After “Magistrate” (last occurring), insert “or Judge”.

385

Subsection 38C(2)

After “If the Magistrate”, insert “or eligible Federal Circuit Court Judge”.

386

Subsection 38C(2)

After “Magistrate” (last occurring), insert “or Judge”.

387

Subsection 38C(8)

Repeal the subsection.

388

Subsection 38D(1)

After “If the Magistrate”, insert “or eligible Federal Circuit Court Judge”.

389

Subsection 38D(1)

After “Magistrate” (last occurring), insert “or Judge”.

390

Subsections 38D(3) and (4)

After “Magistrate”, insert “or eligible Federal Circuit Court Judge”.

391

Subsection 38H(1)

After “a Magistrate”, insert “or eligible Federal Circuit Court Judge”.

392

Subsections 38H(2) and (3)

After “Magistrate”, insert “or Judge”.

393

Subsection 38H(4)

After “a Magistrate”, insert “or eligible Federal Circuit Court Judge”.

394

Subsection 38H(4)

After “the Magistrate” (wherever occurring), insert “or Judge”.

395

Subsection 38I(1)

After “If the Magistrate”, insert “or eligible Federal Circuit Court Judge”.

396

Subsection 38I(1)

After “Magistrate” (last occurring), insert “or Judge”.

397

Subsections 38I(2), (3), (4) and (5)

After “Magistrate” (wherever occurring), insert “or Judge”.

398

Subsection 38K(5)

After “Magistrate”, insert “or eligible Federal Circuit Court Judge”.

399

Subsection 38N(7)

After “Magistrate”, insert “or eligible Federal Circuit Court Judge”.

400

Paragraph 38Z(a)

After “a Magistrate”, insert “or eligible Federal Circuit Court Judge”.

401

Paragraph 38Z(a)

After “that Magistrate”, insert “or Judge”.

402

Paragraph 38Z(b)

After “Magistrate”, insert “or Judge”.

403

Subparagraphs 38Z(c)(i) and (ii)

After “a Magistrate”, insert “or eligible Federal Circuit Court Judge”.

404

Paragraph 38Z(d)

After “a Magistrate”, insert “or eligible Federal Circuit Court Judge”.

405

Paragraph 38ZB(1)(a)

After “a Magistrate”, insert “or eligible Federal Circuit Court Judge”.

406

At the end of subsection 38ZB(2)

Add “or eligible Federal Circuit Court Judge”.

407

Section 38ZC (heading)

Repeal the heading, substitute:

38ZCFederal Circuit Court Judges—consent to nomination

408

Subsections 38ZC(1) and (2)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

409

Subsection 38ZC(2)

Omit “a Magistrate”, substitute “an eligible Federal Circuit Court Judge”.

410

Section 38ZD (heading)

Repeal the heading, substitute:

38ZDMagistrates and Federal Circuit Court Judges—personal capacity

411

Subsection 38ZD(1)

After “a Magistrate”, insert “or eligible Federal Circuit Court Judge”.

412

Subsection 38ZD(1)

After “the Magistrate”, insert “or Judge”.

413

Subsection 38ZD(2)

Omit “(other than a Federal Magistrate)”.

414

Subsection 38ZD(3)

After “A Magistrate”, insert “or eligible Federal Circuit Court Judge”.

415

Subsection 38ZD(3)

After “the Magistrate” (wherever occurring), insert “or Judge”.

416

Paragraph 44(c)

After “Magistrates” (wherever occurring), insert “or eligible Federal Circuit Court Judges”.

417

Saving provisions

(1) A consent that is in force immediately before the commencement of this item under subsection 38ZC(1) of the Mutual Assistance in Criminal Matters Act 1987 in respect of a Federal Magistrate continues in force, after that commencement, as a consent in respect of a Judge of the Federal Circuit Court of Australia.

(2) A nomination that is in force immediately before the commencement of this item under subsection 38ZC(2) of the Mutual Assistance in Criminal Matters Act 1987 in respect of a Federal Magistrate continues in force, after that commencement, as a nomination in respect of a Judge of the Federal Circuit Court of Australia.

(3) A thing done by, or in relation to, a Federal Magistrate under the Mutual Assistance in Criminal Matters Act 1987 before the commencement of this item has effect, after that commencement, as if it had been done by, or in relation to, an eligible Federal Circuit Court Judge under that Act.

National Consumer Credit Protection Act 2009

418

Subsection 5(1)

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

419

Subsection 191(2) (note 2)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

National Greenhouse and Energy Reporting Act 2007

1. 420

   Section 7 (paragraph (b) of the definition of court)

   Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

National Measurement Act 1960

421

Section 19K (heading)

Repeal the heading, substitute:

19KJurisdiction of the Federal Court of Australia and the Federal Circuit Court of Australia

National Vocational Education and Training Regulator Act 2011

1. 422

   Section 3 (paragraph (b) of the definition of enforcement warrant)

   Omit “a magistrate”, substitute “an issuing officer”.

423

Section 3

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

424

Section 3 (definition of Federal Magistrate)

Repeal the definition.

425

Section 3

Insert:

issuing officer means:

1. (a)

   a magistrate; or

2. (b)

   a Judge of the Federal Circuit Court in relation to whom a consent under subsection 91(1) and a nomination under subsection 91(2) are in force.

426

Section 3 (definition of magistrate)

Repeal the definition.

427

Subsection 67(6)

Omit “a magistrate”, substitute “an issuing officer”.

428

Paragraph 74(2)(a)

Omit “magistrate”, substitute “issuing officer”.

429

Subparagraph 75(c)(i)

Omit “magistrate”, substitute “issuing officer”.

430

Subsection 76(6)

Omit “a magistrate”, substitute “an issuing officer”.

431

Section 83 (heading)

Repeal the heading, substitute:

83Issuing officer may permit a thing to be retained

432

Subsection 83(1)

Omit “a magistrate” (wherever occurring), substitute “an issuing officer”.

433

Subsection 83(2)

Omit “magistrate” (wherever occurring), substitute “issuing officer”.

434

Subsection 85(1)

Omit “a magistrate”, substitute “an issuing officer”.

435

Subsections 85(2) and (3)

Omit “magistrate” (wherever occurring), substitute “issuing officer”.

436

Subsection 86(1)

Omit “a magistrate”, substitute “an issuing officer”.

437

Subsections 86(2) and (3)

Omit “magistrate” (wherever occurring), substitute “issuing officer”.

438

Subsection 87(1)

Omit “a magistrate”, substitute “an issuing officer”.

439

Subsections 87(2), (4), (5) and (6)

Omit “magistrate” (wherever occurring), substitute “issuing officer”.

440

Subsection 87(7) (heading)

Repeal the heading, substitute:

Completed form of warrant to be given to issuing officer

441

Subsections 87(7), (8), (9) and (10)

Omit “magistrate” (wherever occurring), substitute “issuing officer”.

442

Paragraph 88(a)

Omit “a magistrate”, substitute “an issuing officer”.

443

Paragraph 88(a)

Omit “that magistrate”, substitute “that issuing officer”.

444

Paragraph 88(b)

Omit “magistrate”, substitute “issuing officer”.

445

Paragraphs 88(c) and (d)

Omit “a magistrate” (wherever occurring), substitute “an issuing officer”.

446

Subdivision G of Division 2 of Part 5 (heading)

Repeal the heading, substitute:

Subdivision G—Powers of issuing officers

447

Section 91 (heading)

Repeal the heading, substitute:

91Federal Circuit Court Judges—consent to nomination

448

Subsections 91(1) and (2)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court”.

449

Subsection 91(2)

Omit “a magistrate”, substitute “an issuing officer”.

450

Section 92 (heading)

Repeal the heading, substitute:

92Issuing officers—personal capacity

451

Subsection 92(1)

Omit “a magistrate”, substitute “an issuing officer”.

452

Subsection 92(1)

Omit “the magistrate”, substitute “the issuing officer”.

453

Subsection 92(2)

Omit “magistrate”, substitute “issuing officer”.

454

Subsection 92(2)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court”.

455

Subsection 92(3)

Omit “A magistrate”, substitute “An issuing officer”.

456

Paragraphs 92(3)(a) and (b)

Omit “magistrate”, substitute “issuing officer”.

457

Section 137 (heading)

Repeal the heading, substitute:

137Federal Court or Federal Circuit Court may impose pecuniary penalty

458

Section 154 (heading)

Repeal the heading, substitute:

154Other powers of the Federal Court or Federal Circuit Court unaffected

459

Saving provisions

(1) A consent that is in force immediately before the commencement of this item under subsection 91(1) of the National Vocational Education and Training Regulator Act 2011 in respect of a Federal Magistrate continues in force, after that commencement, as a consent in respect of a Judge of the Federal Circuit Court of Australia.

(2) A nomination that is in force immediately before the commencement of this item under subsection 91(2) of the National Vocational Education and Training Regulator Act 2011 in respect of a Federal Magistrate continues in force, after that commencement, as a nomination in respect of a Judge of the Federal Circuit Court of Australia.

(3) A thing done by, or in relation to, a magistrate under Division 2 of Part 5 of the National Vocational Education and Training Regulator Act 2011 before the commencement of this item has effect, after that commencement, as if it had been done by, or in relation to, an issuing officer under that Division.

Ombudsman Act 1976

1. 460

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

   Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

Ozone Protection and Synthetic Greenhouse Gas Management Act 1989

1. 461

   Section 7 (paragraph (b) of the definition of designated court)

   Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

462

Section 7

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

Paid Parental Leave Act 2010

463

Section 6

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

464

Section 301 (heading)

Repeal the heading, substitute:

301Jurisdiction of Federal Circuit Court

Personally Controlled Electronic Health Records Act 2012

1. 465

   Section 5 (paragraph (b) of the definition of Court)

   Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

Personal Property Securities Act 2009

466

Section 10

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

467

Subsection 210(2) (paragraph (c) of note 2)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

Privacy Act 1988

468

Subsection 6(1)

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

469

Section 55A (heading)

Repeal the heading, substitute:

55AProceedings in the Federal Court or Federal Circuit Court to enforce a determination

Product Stewardship Act 2011

470

Section 6 (definition of Federal Magistrate)

Repeal the definition.

471

Section 6

Insert:

issuing officer means:

1. (a)

   a magistrate; or

2. (b)

   a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.

472

Section 6 (definition of magistrate)

Repeal the definition.

473

Subsection 76(2)

Omit “magistrate”, substitute “issuing officer”.

474

Section 82 (heading)

Repeal the heading, substitute:

82Issuing officer may permit a thing to be retained

475

Subsection 82(1)

Omit “a magistrate” (wherever occurring), substitute “an issuing officer”.

476

Subsection 82(2)

Omit “magistrate” (wherever occurring), substitute “issuing officer”.

477

Subsection 84(1)

Omit “a magistrate”, substitute “an issuing officer”.

478

Subsections 84(2) and (3)

Omit “magistrate” (wherever occurring), substitute “issuing officer”.

479

Subsection 85(1)

Omit “a magistrate”, substitute “an issuing officer”.

480

Subsections 85(2) and (5)

Omit “magistrate” (wherever occurring), substitute “issuing officer”.

481

Subsection 85(6) (heading)

Repeal the heading, substitute:

Obligations of issuing officer and inspector once warrant issued

482

Subsections 85(6) to (10)

Omit “magistrate” (wherever occurring), substitute “issuing officer”.

483

Paragraph 86(b)

Omit “magistrate”, substitute “issuing officer”.

484

Subdivision E of Division 2 of Part 6 (heading)

Repeal the heading, substitute:

Subdivision E—Powers of issuing officers

485

Section 87 (heading)

Repeal the heading, substitute:

87Federal Circuit Court Judges—consent to nomination

486

Subsections 87(1) and (2)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

487

Subsection 87(2)

Omit “a magistrate”, substitute “an issuing officer”.

488

Section 88 (heading)

Repeal the heading, substitute:

88Powers of issuing officers

489

Subsection 88(1)

Omit “a magistrate”, substitute “an issuing officer”.

490

Subsection 88(1)

Omit “the magistrate”, substitute “the issuing officer”.

491

Subsection 88(2)

Omit “magistrate”, substitute “issuing officer”.

492

Subsection 88(2)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

493

Subsection 88(3)

Omit “A magistrate”, substitute “An issuing officer”.

494

Paragraphs 88(3)(a) and (b)

Omit “magistrate”, substitute “issuing officer”.

495

Saving provisions

(1) A consent that is in force immediately before the commencement of this item under subsection 87(1) of the Product Stewardship Act 2011 in respect of a Federal Magistrate continues in force, after that commencement, as a consent in respect of a Judge of the Federal Circuit Court of Australia.

(2) A nomination that is in force immediately before the commencement of this item under subsection 87(2) of the Product Stewardship Act 2011 in respect of a Federal Magistrate continues in force, after that commencement, as a nomination in respect of a Judge of the Federal Circuit Court of Australia.

(3) A thing done by, or in relation to, a magistrate under Division 2 of Part 6 of the Product Stewardship Act 2011 before the commencement of this item has effect, after that commencement, as if it had been done by, or in relation to, an issuing officer under that Division.

Renewable Energy (Electricity) Act 2000

496

Subsection 5(1)

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

497

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

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

Resale Royalty Right for Visual Artists Act 2009

498

Section 3

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

499

Section 51 (heading)

Repeal the heading, substitute:

51Jurisdiction of the Federal Circuit Court

Road Safety Remuneration Act 2012

500

Section 4

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

501

Subsection 49(1) (heading)

Repeal the heading, substitute:

Federal Court and Federal Circuit Court

502

Subdivision B of Division 2 of Part 5 (heading)

Repeal the heading, substitute:

Subdivision B—Jurisdiction and powers of the Federal Circuit Court

503

Section 66 (heading)

Repeal the heading, substitute:

66Conferring jurisdiction on the Federal Circuit Court

504

Section 67 (heading)

Repeal the heading, substitute:

67Exercising jurisdiction in the Fair Work Division of the Federal Circuit Court

505

Paragraphs 67(b) and (c)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

506

Section 68 (heading)

Repeal the heading, substitute:

68No limitation on Federal Circuit Court’s powers

507

Section 68

Omit “Federal Magistrates Court’s”, substitute “Federal Circuit Court’s”.

508

Section 68

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

Superannuation Industry (Supervision) Act 1993

509

Section 336JB (table item 1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

Taxation Administration Act 1953

510

Section 17A (heading)

Repeal the heading, substitute:

17APowers of Federal Court and Federal Circuit Court in respect of taxation matters

511

Subsection 17A(2)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

Telecommunications (Interception and Access) Act 1979

512

Subparagraph 6DB(1)(a)(ii)

Repeal the subparagraph.

513

Paragraph 6DB(2)(b)

Repeal the paragraph.

514

Saving provisions

(1) An appointment that is in force immediately before the commencement of this item under subsection 6DB(1) of the Telecommunications (Interception and Access) Act 1979 in respect of a Federal Magistrate continues in force, after that commencement, as an appointment in respect of a Judge of the Federal Circuit Court of Australia under that subsection.

(2) A consent that is in force immediately before the commencement of this item under subsection 6DB(2) of the Telecommunications (Interception and Access) Act 1979 in respect of a Federal Magistrate continues in force, after that commencement, as a consent in respect of a Judge of the Federal Circuit Court of Australia.

(3) A thing done by, or in relation to, a Federal Magistrate, as an issuing authority, under the Telecommunications (Interception and Access) Act 1979 before the commencement of this item has effect, after that commencement, as if it had been done by, or in relation to, a Judge of the Federal Circuit Court of Australia, as an issuing authority, under that Act.

Tertiary Education Quality and Standards Agency Act 2011

1. 515

   Section 5 (paragraph (b) of the definition of enforcement warrant)

   Omit “a magistrate”, substitute “an issuing officer”.

516

Section 5

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

517

Section 5 (definition of Federal Magistrate)

Repeal the definition.

518

Section 5

Insert:

issuing officer means:

1. (a)

   a magistrate; or

2. (b)

   a Judge of the Federal Circuit Court in relation to whom a consent under subsection 96(1) and a nomination under subsection 96(2) are in force.

519

Section 5 (definition of magistrate)

Repeal the definition.

520

Subsection 71(6)

Omit “a magistrate”, substitute “an issuing officer”.

521

Paragraph 79(2)(a)

Omit “magistrate”, substitute “issuing officer”.

522

Subparagraph 80(c)(i)

Omit “magistrate”, substitute “issuing officer”.

523

Subsection 81(6)

Omit “a magistrate”, substitute “an issuing officer”.

524

Section 88 (heading)

Repeal the heading, substitute:

88Issuing officer may permit a thing to be retained

525

Subsection 88(1)

Omit “a magistrate” (wherever occurring), substitute “an issuing officer”.

526

Subsection 88(2)

Omit “magistrate” (wherever occurring), substitute “issuing officer”.

527

Subsection 90(1)

Omit “a magistrate”, substitute “an issuing officer”.

528

Subsections 90(2) and (3)

Omit “magistrate” (wherever occurring), substitute “issuing officer”.

529

Subsection 91(1)

Omit “a magistrate”, substitute “an issuing officer”.

530

Subsections 91(2) and (3)

Omit “magistrate” (wherever occurring), substitute “issuing officer”.

531

Subsection 92(1)

Omit “a magistrate”, substitute “an issuing officer”.

532

Subsections 92(2), (4), (5) and (6)

Omit “magistrate” (wherever occurring), substitute “issuing officer”.

533

Subsection 92(7) (heading)

Repeal the heading, substitute:

Completed form of warrant to be given to issuing officer

534

Subsections 92(7), (8), (9) and (10)

Omit “magistrate” (wherever occurring), substitute “issuing officer”.

535

Paragraph 93(a)

Omit “a magistrate”, substitute “an issuing officer”.

536

Paragraph 93(a)

Omit “that magistrate”, substitute “that issuing officer”.

537

Paragraph 93(b)

Omit “magistrate”, substitute “issuing officer”.

538

Paragraphs 93(c) and (d)

Omit “a magistrate” (wherever occurring), substitute “an issuing officer”.

539

Division 8 of Part 6 (heading)

Repeal the heading, substitute:

Division 8—Powers of issuing officers

540

Section 96 (heading)

Repeal the heading, substitute:

96Federal Circuit Court Judges—consent to nomination

541

Subsections 96(1) and (2)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court”.

542

Subsection 96(2)

Omit “a magistrate”, substitute “an issuing officer”.

543

Section 97 (heading)

Repeal the heading, substitute:

97Issuing officers—personal capacity

544

Subsection 97(1)

Omit “a magistrate”, substitute “an issuing officer”.

545

Subsection 97(1)

Omit “the magistrate”, substitute “the issuing officer”.

546

Subsection 97(2)

Omit “magistrate”, substitute “issuing officer”.

547

Subsection 97(2)

Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court”.

548

Subsection 97(3)

Omit “A magistrate”, substitute “An issuing officer”.

549

Paragraphs 97(3)(a) and (b)

Omit “magistrate”, substitute “issuing officer”.

550

Saving provisions

(1) A consent that is in force immediately before the commencement of this item under subsection 96(1) of the Tertiary Education Quality and Standards Agency Act 2011 in respect of a Federal Magistrate continues in force, after that commencement, as a consent in respect of a Judge of the Federal Circuit Court of Australia.

(2) A nomination that is in force immediately before the commencement of this item under subsection 96(2) of the Tertiary Education Quality and Standards Agency Act 2011 in respect of a Federal Magistrate continues in force, after that commencement, as a nomination in respect of a Judge of the Federal Circuit Court of Australia.

(3) A thing done by, or in relation to, a magistrate under Part 6 of the Tertiary Education Quality and Standards Agency Act 2011 before the commencement of this item has effect, after that commencement, as if it had been done by, or in relation to, an issuing officer under that Part.

Tobacco Plain Packaging Act 2011

1. 551

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

   Repeal the paragraph.

552

Paragraph 79(3)(b)

Omit “or a Federal Magistrate”.

553

Subsection 79(4) (heading)

Repeal the heading, substitute:

Protection and immunity—Judges

554

Subsection 79(4)

Omit “, or a Federal Magistrate,”.

555

Saving provisions

(1) A consent that is in force immediately before the commencement of this item under subsection 79(1) of the Tobacco Plain Packaging Act 2011 in respect of a Federal Magistrate continues in force, after that commencement, as a consent in respect of a Judge of the Federal Circuit Court of Australia.

(2) A nomination that is in force immediately before the commencement of this item under subsection 79(2) of the Tobacco Plain Packaging Act 2011 in respect of a Federal Magistrate continues in force, after that commencement, as a nomination in respect of a Judge of the Federal Circuit Court of Australia.

(3) 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 before the commencement of this item has effect, after that commencement, as if it had been done by, or in relation to, a Judge of the Federal Circuit Court of Australia, as an issuing officer, under that Part.

Trans‑Tasman Proceedings Act 2010

556

Subsection 109(3)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

Water Act 2007

557

Section 139 (heading)

Repeal the heading, substitute:

139Jurisdiction of Federal Circuit Court

Water Efficiency Labelling and Standards Act 2005

558

Section 7

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

559

Section 7 (paragraph (b) of the definition of relevant court)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

Work Health and Safety Act 2011

560

Paragraphs 273A(3)(b) and (c)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

Schedule 2Bulk amendmentsPart 1References to Federal Circuit Court

1

Amendment of Acts

The Acts listed in this item are amended by omitting “Federal Magistrates Court” (wherever occurring) and substituting “Federal Circuit Court”.

Administrative Decisions (Judicial Review) Act 1977

Admiralty Act 1988

Australian Crime Commission Act 2002

Australian Human Rights Commission Act 1986

Bankruptcy Act 1966

Coal Mining Industry (Long Service Leave) Administration Act 1992

Competition and Consumer Act 2010

Do Not Call Register Act 2006

Fair Work Act 2009

Fair Work (Building Industry) Act 2012

Federal Court of Australia Act 1976

Federal Proceedings (Costs) Act 1981

Law Enforcement Integrity Commissioner Act 2006

Migration Act 1958

National Consumer Credit Protection Act 2009

National Vocational Education and Training Regulator Act 2011

Paid Parental Leave Act 2010

Personal Property Securities Act 2009

Privacy Act 1988

Resale Royalty Right for Visual Artists Act 2009

Road Safety Remuneration Act 2012

Tertiary Education Quality and Standards Agency Act 2011

Part 2References to Federal Circuit Court of Australia

2

Amendment of Acts

The Acts listed in this item are amended by omitting “Federal Magistrates Court” (wherever occurring) and substituting “Federal Circuit Court of Australia”.

Administrative Appeals Tribunal Act 1975

A New Tax System (Family Assistance) (Administration) Act 1999

Archives Act 1983

Child Support (Assessment) Act 1989

Child Support (Registration and Collection) Act 1988

Copyright Act 1968

Family Law Act 1975

Foreign Evidence Act 1994

Freedom of Information Act 1982

Independent Contractors Act 2006

Judiciary Act 1903

Legislative Instruments Act 2003

National Health Security Act 2007

National Measurement Act 1960

Shipping Registration Act 1981

Social Security Act 1991

Stronger Futures in the Northern Territory Act 2012

Water Act 2007

Work Health and Safety Act 2011

Schedule 3Contingent amendmentsPart 1Intellectual Property Laws Amendment (Raising the Bar) Act 2012

Designs Act 2003

1

Section 5

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

2

Section 5 (paragraph (aa) of the definition of prescribed court)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

3

Subsection 28(5)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

4

Subsection 50(6)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

5

Subsection 52(7)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

6

Subsection 54(4)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

7

Subsection 67(4)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

8

Subsection 68(6)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

9

Section 82

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

10

Paragraph 83(2)(a)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

11

Section 83A (heading)

Repeal the heading, substitute:

83AJurisdiction of the Federal Circuit Court

12

Subsections 83A(1), (2) and (3)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

13

Subsection 84(1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

14

Subsection 86(3)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

15

Subsection 86(3) (note)

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

16

Subsection 86(3) (note)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

17

Subsection 86(3) (note)

Omit “Federal Magistrates Court” (last occurring), substitute “Federal Circuit Court”.

18

Subsection 87(2)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

19

Section 88 (heading)

Repeal the heading, substitute:

88Powers of Federal Court and Federal Circuit Court on hearing an appeal

20

Section 88

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

21

Section 89

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

Trade Marks Act 1995

22

Subsection 6(1)

Insert:

Federal Circuit Court means the Federal Circuit Court of Australia.

23

Section 35

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

24

Section 56

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

25

Section 67

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

26

Subsection 83(2)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

27

Subsection 83A(8)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

28

Section 84D

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

29

Section 104

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

30

Paragraph 190(aa)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

31

Paragraph 191(2)(a)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

32

Section 191A (heading)

Repeal the heading, substitute:

191AJurisdiction of the Federal Circuit Court

33

Subsections 191A(1), (2) and (3)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

34

Subsection 192(1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

35

Subsection 194(3)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

36

Subsection 194(3) (note)

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

37

Subsection 194(3) (note)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

38

Subsection 194(3) (note)

Omit “Federal Magistrates Court” (last occurring), substitute “Federal Circuit Court”.

39

Subsection 195(2)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

40

Section 196

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

41

Section 197 (heading)

Repeal the heading, substitute:

197Powers of Federal Court and Federal Circuit Court on hearing an appeal

42

Section 197

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

Part 2Access to Justice (Federal Jurisdiction) Amendment Act 2012

Access to Justice (Federal Jurisdiction) Amendment Act 2012

43

Item 9 of Schedule 2

Repeal the item, substitute:

9

Schedule 1

Omit:

Federal Circuit Court of Australia Act 1999, section 61

Federal Court of Australia Act 1976, section 50

substitute:

Family Law Act 1975, Part XIA

Federal Circuit Court of Australia Act 1999, Part 6A

Federal Court of Australia Act 1976, Part VAA

Australian Crime Commission Act 2002

44

Schedule 1

Omit:

Federal Court of Australia Act 1976, Part VAA

Federal Magistrates Act 1999, Part 6A

substitute:

Federal Circuit Court of Australia Act 1999, Part 6A

Federal Court of Australia Act 1976, Part VAA

45

Schedule 1

Before:

Federal Court of Australia Act 1976, section 50

insert:

Federal Circuit Court of Australia Act 1999, section 61

46

Schedule 1

Omit:

Federal Magistrates Act 1999, section 61

Family Law Act 1975

1. 47

   Subsection 102Q(1) (paragraph (b) of the definition of appropriate court official)

   Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

Federal Circuit Court of Australia Act 1999

48

Section 88B (heading)

Repeal the heading, substitute:

88BPowers of Federal Circuit Court of Australia not affected

49

Sections 88B, 88D, 88E, 88F and 88G

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

50

Subsections 88H(1) and (2)

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

51

Paragraph 88H(2)(e)

Omit “Federal Magistrates Court’s”, substitute “Federal Circuit Court of Australia’s”.

52

Subsection 88H(4)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

53

Sections 88J, 88K, 88L and 88M

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

54

Section 88P (heading)

Repeal the heading, substitute:

88PPowers of the Federal Circuit Court of Australia not affected

55

Sections 88P, 88Q, 88R, 88S and 88T

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

56

Subsection 88U(1)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

57

Subsection 88U(1)

Omit “Federal Magistrates Court or Federal Magistrate”, substitute “Federal Circuit Court of Australia or Judge”.

58

Subsection 88U(2)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

59

Subsection 88U(2)

Omit “Federal Magistrates Court or Federal Magistrate”, substitute “Federal Circuit Court of Australia or Judge”.

60

Subsection 88U(3)

Omit “Federal Magistrates Court or a Federal Magistrate”, substitute “Federal Circuit Court of Australia or a Judge”.

61

Section 88V

Omit “Federal Magistrates Court” (wherever occurring), substitute “Federal Circuit Court of Australia”.

Federal Circuit Court of Australia Legislation Amendment Act 2012

62

Subsection 2(1) (table item 2)

Repeal the item, substitute:

2.

Schedule 1, items 1 to 186

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.

3.

Schedule 1, item 187

At the same time as the provision(s) covered by table item 2.

However, the provision(s) do not commence at all if item 6 of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 commences at or before the time the provision(s) covered by table item 2 commence.

4.

Schedule 1, items 188 to 408

At the same time as the provision(s) covered by table item 2.

5.

Schedule 2

At the same time as the provision(s) covered by table item 2.

Federal Court of Australia Act 1976

63

Paragraph 24(1D)(d)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

64

Paragraph 24(1D)(d)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

Part 3Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012

Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012

65

Section 4

Omit “, a judge of the Federal Court of Australia or the Family Court of Australia, or a Federal Magistrate”, substitute “or a judge of the Federal Court of Australia, the Family Court of Australia or the Federal Circuit Court of Australia”.

66

Section 7 (paragraph (b) of the definition of Commonwealth judicial officer)

Omit “Parliament (other than the Federal Magistrates Court); or”, substitute “Parliament.”.

67

Section 7 (paragraph (c) of the definition of Commonwealth judicial officer)

Repeal the paragraph.

68

Section 7 (definition of Federal Magistrate)

Repeal the definition.

69

Paragraph 19(6)(c)

Omit “Federal Magistrate within the meaning of the Federal Magistrates Act 1999”, substitute “Judge within the meaning of the Federal Circuit Court of Australia Act 1999”.

Part 4Courts Legislation Amendment (Judicial Complaints) Act 2012

Federal Circuit Court of Australia Act 1999

1. 70

   Section 5 (paragraphs (a), (b) and (c) of the definition of complaint handler)

   Omit “Chief Federal Magistrate”, substitute “Chief Judge”.

71

Section 5 (definition of relevant belief)

Omit “Federal Magistrate” (wherever occurring), substitute “Judge”.

72

Section 5 (subparagraph (b)(ii) of the definition of relevant belief)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

73

Paragraph 12(3)(c)

Omit “Federal Magistrate”, substitute “Judge”.

74

Paragraph 12(3)(d)

Omit “Chief Federal Magistrate”, substitute “Chief Judge”.

75

Paragraph 12(3)(d)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

76

Paragraph 12(3)(d)

Omit “Federal Magistrate” (last occurring), substitute “Judge”.

77

Subsection 12(3AA)

Omit “Federal Magistrate” (wherever occurring), substitute “Judge”.

78

Subsection 12(3AA) (note)

Omit “Chief Federal Magistrate” (wherever occurring), substitute “Chief Judge”.

79

Subsection 12(3AB)

Omit “Chief Federal Magistrate” (wherever occurring), substitute “Chief Judge”.

80

Subsection 118A(2)

Omit “Chief Federal Magistrate”, substitute “Chief Judge”.

Freedom of Information Act 1982

81

Subsection 5(1C) (heading)

Repeal the heading, substitute:

Certain documents relating to complaint handling—Judges of the Federal Circuit Court of Australia

82

Paragraph 5(1C)(a)

Omit “Federal Magistrates Act 1999”, substitute “Federal Circuit Court of Australia Act 1999”.

Part 5Privacy Amendment (Enhancing Privacy Protection) Act 2012

Privacy Act 1988

83

Section 19

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

84

Subsection 25(1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

85

Subsection 25A(2)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

86

Subsection 33F(1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

87

Subsection 80W(1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

88

Subsection 80Z(1)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

89

Section 80ZA

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

90

Section 80ZB

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

91

Section 80ZD

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

Part 6Regulatory Powers (Standard Provisions) Act 2013

Regulatory Powers (Standard Provisions) Act 2013

1. 92

   Section 4 (paragraph (c) of the definition of judicial officer)

   Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

Part 7Illegal Logging Prohibition Act 2012

Illegal Logging Prohibition Act 2012

1. 93

   Section 7 (paragraph (c) of the definition of issuing officer)

   Omit “a Federal Magistrate”, substitute “a Judge of the Federal Circuit Court of Australia”.

2. 94

   Section 7 (paragraph (c) of the definition of issuing officer)

   Omit “or Federal Magistrate”.

95

Saving provisions

(1) A consent of a Federal Magistrate to act as an issuing officer for the purposes of the Illegal Logging Prohibition Act 2012 that is in force immediately before the commencement of this item continues in force, after that commencement, as a consent of a Judge of the Federal Circuit Court of Australia to act as an issuing officer for the purposes of that Act.

(2) A thing done by, or in relation to, a Federal Magistrate, as an issuing officer, under the Illegal Logging Prohibition Act 2012 before the commencement of this item has effect, after that commencement, as if it had been done by, or in relation to, a Judge of the Federal Circuit Court of Australia, as an issuing officer, under that Act.

Part 8Fair Work Amendment (Transfer of Business) Act 2012

Fair Work Act 2009

96

Subsection 539(2) (table items 34A and 34B)

Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

Part 9Migration Amendment (Reform of Employer Sanctions) Act 2013

Migration Act 1958

1. 97

   Section 487A (paragraph (b) of the definition of issuing officer)

   Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court”.

98

Saving provision

A thing done by, or in relation to, a Federal Magistrate, as an issuing officer, under Division 3 of Part 8E of the Migration Act 1958 before the commencement of this item has effect, after that commencement, as if it had been done by, or in relation to, a Judge of the Federal Circuit Court of Australia, as an issuing officer, under that Division.

Part 10National Gambling Reform Act 2012

National Gambling Reform Act 2012

1. 99

   Section 5 (paragraph (b) of the definition of issuing officer)

   Omit “Federal Magistrate”, substitute “Judge of the Federal Circuit Court of Australia”.

2. 100

   Section 5 (paragraph (b) of the definition of relevant court)

   Omit “Federal Magistrates Court”, substitute “Federal Circuit Court of Australia”.

101

Saving provision

A thing done by, or in relation to, a Federal Magistrate, as an issuing officer, under Part 5, 6 or 7 of the National Gambling Reform Act 2012 before the commencement of this item has effect, after that commencement, as if it had been done by, or in relation to, a Judge of the Federal Circuit Court of Australia, as an issuing officer, under that Part.

Schedule 4—General transitional provisions

1

Transfer of appropriated money

(1) For the purposes of the operation of an Appropriation Act after this Schedule commences, references to the Federal Magistrates Court of Australia are to be read as references to the Federal Circuit Court of Australia.

(2) In this item:

Appropriation Act means an Act appropriating money for expenditure out of the Consolidated Revenue Fund.

2

Transitional regulations

The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1, 2 and 3.

3

No limit on operation of section 7 or subsection 25B(1) of the Acts Interpretation Act 1901

The following do not limit the operation of section 7 or subsection 25B(1) of the Acts Interpretation Act 1901:

1. (a)

   items 30, 45, 53, 57, 108, 110M, 233, 320, 327, 417, 459, 495, 514, 550 and 555 of Schedule 1;

2. (b)

   items 95, 98 and 101 of Schedule 3;

3. (c)

   item 1 of this Schedule.

[Minister’s second reading speech made in—

House of Representatives on 28 November 2012

Senate on 28 February 2013]

(210/12)