Federal Courts Legislation Amendment (Judicial Immunity) Act 2023 (Cth)

Federal Courts Legislation Amendment (Judicial Immunity) Act 2023

No. 102, 2023

An Act to amend the law relating to federal courts, and for related purposes

Contents

Federal Courts Legislation Amendment (Judicial Immunity) Act 2023

No. 102, 2023

An Act to amend the law relating to federal courts, and for related purposes

[Assented to 27 November 2023]

The Parliament of Australia enacts:

1Short title

This Act is the Federal Courts Legislation Amendment (Judicial Immunity) Act 2023.

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
Provisions	Commencement	Date/Details
1. The whole of this Act	The day after this Act receives the Royal Assent.	28 November 2023

Note: This table relates only to the provisions of this Act as originally enacted.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.

3Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1Amendments

Family Law Act 1975

1

Section 10P

Omit “(Division 2)”, substitute “(Division 1)”.

Federal Circuit and Family Court of Australia Act 2021

2

Subsections 169(5) and 170(5)

Omit “Judge of the Federal Circuit and Family Court of Australia (Division 2)”, substitute “Judge of the Federal Court”.

3

Subsection 257(1)

Omit “Judge of the Court”, substitute “Judge of the Federal Circuit and Family Court of Australia (Division 1)”.

4

At the end of Chapter 4

Add:

Part 10—Miscellaneous

277AImmunity for Judges of Federal Circuit and Family Court of Australia (Division 2)

A Judge of the Federal Circuit and Family Court of Australia (Division 2) has the same protection and immunity as a Judge of the Federal Circuit and Family Court of Australia (Division 1).

5

Application of amendments

The amendments made by this Schedule apply in relation to functions performed on or after the day this Schedule commences.

[Minister’s second reading speech made in—

Senate on 7 November 2023

House of Representatives on 15 November 2023]

(130/23)