Federal Court of Australia Amendment Regulations 2009 (No. 3) (Cth)

Federal Court of Australia Amendment Regulations 2009 (No. 3)¹

Select Legislative Instrument 2009 No. 358

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Federal Court of Australia Act 1976.

Dated 14 December 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

ROBERT McCLELLAND

Attorney-General

Name of Regulations

These Regulations are the Federal Court of Australia Amendment Regulations 2009 (No. 3).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Federal Court of Australia Regulations 2004

Schedule 1 amends the Federal Court of Australia Regulations 2004.

Schedule 1 Amendments

(regulation 3)

[1] Regulation 3, note

after

·Judge

insert

·juror

·potential juror

[2] After Part 2

insert

Part 2A Remuneration and allowances for jurors and potential jurors

15ARemuneration

(1)The remuneration payable to jurors and potential jurors is set out in Schedule 4.

(2)The amounts mentioned in Schedule 4 are payable:

(a)for each day that a juror or potential juror attends court; and

(b)for each day, to a maximum of 5 days, that a juror or potential juror is not required to attend court.

(3)Subject to regulation 15C, the amounts mentioned in Schedule 4 include travel and refreshment allowances.

15BBiennial adjustment of amounts of remuneration

On each biennial anniversary of 1 July 2008, the remuneration set out in Schedule 4 increases in accordance with Schedule 5.

15CTravel allowance

(1)If a juror or potential juror is required to travel, by the shortest practical route from his or her usual place of residence to the Court, more than 30 kilometres, the juror or potential juror may apply to the Sheriff for reimbursement of reasonable travel costs.

(2)The Sheriff may determine:

(a)when a claim for reimbursement of travel costs may be submitted; and

(b)the form of the claim and the information or documents that must be submitted with the claim.

(3)If the Sheriff does not make a determination under paragraph (2) (a), a claim for reimbursement of travel costs may be submitted within 5 days of the juror or potential juror incurring the travel costs to which the claim relates.

[3] After Schedule 3

insert

Schedule 4 Remuneration and allowances

(regulation 15A)

Item	Matter for which payment is made	Amount payable ($)
1	Attendance on the first day of the trial:
(a) for 4 hours or less	Half the amount specified in item 2
(b) for more than 4 hours	The amount specified in item 2
2	Attendance on each day for days 2, 3, 4 and 5	90.00
3	Attendance on each day for days 6, 7, 8, 9 and 10	100.00
4	Attendance on each day after day 10	110.00
5	Attendance on the last day of the trial, if required to serve for more than 8 hours (excluding adjournments for meals):
(a) for an additional period of up to 4 hours	Half the amount specified for that day
(b) for an additional period of more than 4 hours	The amount specified for that day

Schedule 5 Remuneration — formula for biennial increase

(regulation 15B)

Definitions

In this Schedule:

CPI number means the All Groups Consumer Price Index number (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician.

March quarter means a period of 3 months ending at the end of March.

relevant period means any of the following periods:

(a)the 2 year period starting on 1 July 2008;

(b)each 2 year period starting on a biennial anniversary of 1 July 2008.

remuneration means an amount specified in Schedule 4.

Calculation of remuneration

If, in a relevant period, the latest CPI number is greater than the earlier CPI number, remuneration increases, on 1 July immediately following the end of the period, in accordance with the formula:

where:

remuneration is the amount in force at the end of the relevant period.

latest CPI number is the CPI number for the last March quarter before the end of the relevant period.

earlier CPI number is the CPI number for the last March quarter before the start of the relevant period.

Rounding of calculations

If, apart from this clause, remuneration increased under clause 2 would be an amount of dollars and cents, the amount is taken to be rounded to the nearest whole dollar and, if the amount to be rounded is 50 cents, rounded down.

Substitution of CPI number

Subject to clause 5, if, at any time before or after the commencement of this Schedule, the Australian Statistician publishes for a particular March quarter a CPI number in substitution for a CPI number previously published for that quarter by the Statistician, the publication of the later number is disregarded for the purposes of this Schedule.

Change of reference base

If, at any time before or after the commencement of this Schedule, the Australian Statistician changes the reference base for the Consumer Price Index, then, in applying this Schedule after the change is made, regard may be had only to CPI numbers published in terms of the new reference base.

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See