Federal Magistrates (Consequential Amendments) Act 1999
No. 194, 1999
Federal Magistrates (Consequential Amendments) Act 1999
No. 194, 1999
An Act to make consequential amendments relating to the Federal Magistrates Act 1999, and for other purposes
Contents
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
Schedule 1—Amendment of the ACIS Administration Act 1999
Schedule 2—Amendment of the Acts Interpretation Act 1901
Schedule 3—Amendment of the Administrative Appeals Tribunal Act 1975
Schedule 4—Amendment of the Administrative Decisions (Judicial Review) Act 1977
Schedule 5—Amendment of the Archives Act 1983
Schedule 6—Amendment of the Australian Citizenship Act 1948
Schedule 7—Amendment of the Bankruptcy Act 1966
Schedule 8—Amendment of the Child Support (Assessment) Act 1989
Schedule 9—Amendment of the Child Support (Registration and Collection) Act 1988
Schedule 10—Amendment of the Crimes (Superannuation Benefits) Act 1989
Schedule 11—Amendment of the Family Law Act 1975
Schedule 12—Amendment of the Federal Court of Australia Act 1976
Schedule 13—Amendment of the Federal Proceedings (Costs) Act 1981
Schedule 14—Amendment of the Foreign Evidence Act 1994
Schedule 15—Amendment of the Freedom of Information Act 1982
Schedule 16—Amendment of the Human Rights and Equal Opportunity Commission Act 1986
Schedule 17—Amendment of the Judges (Long Leave Payments) Act 1979
Schedule 18—Amendment of the Judges’ Pensions Act 1968
Schedule 19—Amendment of the Maternity Leave (Commonwealth Employees) Act 1973
Schedule 20—Amendment of the National Crime Authority Act 1984
Schedule 21—Amendment of the Ombudsman Act 1976
Schedule 22—Amendment of the Parliamentary Contributory Superannuation Act 1948
Schedule 23—Amendment of the Public Service Act 1922
Schedule 24—Amendment of the Taxation Administration Act 1953
Schedule 25—Amendment of the Trade Practices Act 1974
Federal Magistrates (Consequential Amendments) Act 1999
No. 194, 1999
An Act to make consequential amendments relating to the Federal Magistrates Act 1999, and for other purposes
[Assented to 23 December 1999]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Federal Magistrates (Consequential Amendments) Act 1999.
2 Commencement
(1) Subject to this section, this Act commences on the commencement of the Federal Magistrates Act 1999.
(2) If the ACIS Administration Act 1999 commences after the commencement of section 1 of this Act, Schedule 1 to this Act commences immediately after the commencement of the ACIS Administration Act 1999.
(3) If Schedule 1 to the Human Rights Legislation Amendment Act (No. 1) 1999 commences after the commencement of section 1 of this Act, Schedule 16 to this Act commences immediately after the commencement of Schedule 1 to the Human Rights Legislation Amendment Act (No. 1) 1999.
(4) If item 2 of Schedule 1 to the Human Rights Legislation Amendment Act (No. 2) 1999 commences before the commencement of section 1 of this Act, this Act has effect as if the amendments of the Human Rights and Equal Opportunities Commission Act 1986 contained in Schedule 16 to this Act were amendments of the Human Rights and Responsibilities Commission Act 1986.
(5) If section 151AQA of the Trade Practices Act 1974 commences after…
Overview
The Federal Magistrates (Consequential Amendments) Act 1999 was enacted by the Parliament of Australia to make various consequential amendments to other federal legislation following the establishment of the Federal Magistrates Court under the Federal Magistrates Act 1999. This Act ensures that other federal statutes are aligned with the functions and jurisdiction of the Federal Magistrates Court. It addresses gaps and inconsistencies in existing legislation by updating references and jurisdictional provisions to include the Federal Magistrates Court where appropriate. The policy objective behind this Act is to streamline and integrate the Federal Magistrates Court into the broader framework of Australian federal law, facilitating its role in efficiently handling a range of civil and administrative matters while ensuring consistency with other judicial bodies.
Scope and Application
The Federal Magistrates (Consequential Amendments) Act 1999 applies to various federal statutes by making amendments to adjust for the establishment of the Federal Magistrates Act 1999. This Act impacts numerous federal laws including the ACIS Administration Act 1999, Acts Interpretation Act 1901, and Administrative Appeals Tribunal Act 1975, among others. The amendments are primarily concerned with adjusting references to courts, adjusting jurisdictional boundaries, and ensuring consistency in rules and regulations across these statutes with respect to the newly established Federal Magistrates Court. For example, the Act modifies references to "magistrate" and "Federal Court" in various sections of the amended Acts to reflect the new court structure. It also ensures that the Federal Magistrates Court has appropriate jurisdiction and authority in specified matters, including in family law, child support, and other civil proceedings. The Act applies to federal entities, including courts and tribunals, and is effective across the Commonwealth of Australia. Certain exclusions apply, particularly in relation to specific high-stakes decisions and matters involving immigration and citizenship, which remain under the jurisdiction of higher courts. Subordinate instruments such as rules of court may further define the scope and application of these amendments.
Key Provisions
- The Federal Magistrates (Consequential Amendments) Act 1999 makes various amendments to a range of Acts to reflect the establishment of the Federal Magistrates Court under the Federal Magistrates Act 1999. The key sections of the Act include amendments to the ACIS Administration Act 1999, Acts Interpretation Act 1901, Administrative Appeals Tribunal Act 1975, and others. The Act provides for the transfer of appeals from the Federal Court of Australia to the Federal Magistrates Court, and it specifies the circumstances under which such transfers can occur. It also outlines the jurisdiction of the Federal Magistrates Court in various matters, including family law, child support, and other civil proceedings.
- The Act imposes several obligations on the parties and entities it governs. For instance, the Federal Magistrates Court has the authority to make orders suspending the operation of decisions or staying proceedings in certain circumstances. The Federal Court of Australia and the Federal Magistrates Court are both required to follow specific procedures when transferring appeals, including consulting each other and considering factors such as the resources of the Federal Magistrates Court and the interests of the administration of justice.
- Failure to comply with the provisions of the Act can result in various consequences, including civil and criminal penalties. For example, subsection 58(1) and (2) of the Act prescribe imprisonment for six months as a penalty for certain breaches. Additionally, the Act specifies the circumstances under which proceedings cannot be instituted in certain courts if associated matters are pending before the Federal Magistrates Court.
- In summary, the Federal Magistrates (Consequential Amendments) Act 1999 introduces significant changes to the legislative framework governing the Federal Magistrates Court, including provisions for the transfer of appeals, the jurisdiction of the Court in various matters, and the obligations of the Federal Court of Australia and the Federal Magistrates Court in relation to each other. Compliance with the Act is crucial to avoid potential civil and criminal penalties.
- Area of Law
- Family Law
- Civil Litigation & Procedure
- Administrative Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Regulatory Standards
- Reporting & Disclosure Obligations
- Repeal & Amendment
- Appeals & Review
- Civil Penalty Provisions
