Federal Magistrates Amendment Regulations 2000 (No. 2) (Cth)

Federal Magistrates Amendment Regulations 2000 (No. 2)1

Statutory Rules 2000 No. 2552

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Federal Magistrates Act 1999.

Dated 8 September 2000

WILLIAM DEANE

Governor-General

By His Excellency’s Command

DARYL WILLIAMS

Attorney-General

1Name of Regulations

 These Regulations are the Federal Magistrates Amendment Regulations 2000 (No. 2).

2Commencement

 These Regulations commence on gazettal.

3Amendment of Federal Magistrates Regulations 2000

Schedule 1 amends the Federal Magistrates Regulations 2000.

Schedule 1Amendments

Do not delete: Schedule Part placeholder

(regulation 3)

[1]Regulation 3, definition of authorised officer, paragraph (a)

omit

for those provisions

[2]Regulation 3, after definition of enforcement fee

insert

financial matter has the same meaning as in the Family Law Act 1975.

[3]Regulation 4

omit everything before paragraph (a), insert

 Schedule 1 sets out the fees payable, subject to these Regulations, for the filing of a document or an action of:

[4]Subregulation 6 (3)

substitute

1. (3)

   The person liable to pay a fee for an action not mentioned in this regulation is the person for whom the action is taken.

[5]Subregulation 7 (1)

omit

a service

substitute

an action

[6]Paragraphs 7 (2) (b) and (c)

substitute

1. (b)

   an application for an extension of the time within which a proceeding may be commenced;

2. (c)

   a proceeding for which a Convention to which Australia is a party provides that a fee is not payable;

3. (d)

   a proceeding under the Family Law Act 1975 about any of the following:

   1. (i)

      rescission of a decree nisi;

   2. (ii)

      a parenting plan;

   3. (iii)

      child maintenance;

   4. (iv)

      a recovery order within the meaning of section 67Q of that Act;

   5. (v)

      a custody order made by an overseas court;

   6. (vi)

      a custody order made by a court in Australia that is enforceable overseas;

   7. (vii)

      a maintenance order made by an overseas court;

   8. (viii)

      a maintenance order made by a court in Australia that is enforceable overseas;

   9. (ix)

      spousal maintenance;

   10. (x)

       leave, under section 102A of that Act, for a child to be examined;

   11. (xi)

       an application for enforcement of an order;

   12. (xii)

       contravention of an order;

   13. (xiii)

       contempt of court;

   14. (xiv)

       an application for an injunction under section 114 of that Act;

   15. (xv)

       costs;

   16. (xvi)

       an interlocutory, interim or procedural matter;

4. (e)

   a proceeding under the Child Support (Assessment) Act 1989 or the Child Support (Registration and Collection) Act 1988;

5. (f)

   a proceeding under the Family Law (Child Abduction Convention) Regulations 1986.

[7]Subregulation 11 (1)

substitute

1. (1)

   A document must not be filed, and an action mentioned in an item in Schedule 1 must not be taken, unless the fee payable for the filing or the action has been paid, waived or deferred.

[8]Schedule 1, heading

substitute

Schedule 1Fees

(regulation 4)

 

[9]Schedule 1, column 2, heading

omit

service

substitute

action

[10]Schedule 1, item 1

after

(other than a proceeding mentioned in item 2 or 3)

insert

seeking final orders

[11]Schedule 1, item 3

after

Part VII

insert

seeking final orders

[12]Schedule 1, item 7

after

Family Law Act 1975

insert

about a financial matter or a matter under Part VII

Notes

1. These Regulations amend Statutory Rules 2000 No. 102, as amended by 2000 No. 245.

2. Notified in the Commonwealth of Australia Gazette