Federal Court of Australia Amendment Regulations 2000 (No. 4) 2000 No. 244
EXPLANATORY STATEMENT
STATUTORY RULES 2000 NO. 244
ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL
Federal Court of Australia Act 1976
Federal Magistrates Act 1999
FEDERAL COURT OF AUSTRALIA AMENDMENT REGULATIONS 2000 (NO. 4)
FEDERAL MAGISTRATES AMENDMENT REGULATIONS 2000 (NO. 1)
Section 60 of the Federal Court of Australia Act 1976 provides for the Governor-General to make regulations prescribing, amongst other matters, all matters necessary or convenient to be prescribed for carrying out or giving effect to the Federal Court of Australia Act 1976, including prescribing the fees to be paid in respect of proceedings in the Federal Court. Pursuant to this power, the Federal Court of Australia Regulations 1978 were made, prescribing the fees to be paid in respect of proceedings in the Federal Court.
Section 120 of the Federal Magistrates Act 1999 provides for the Governor-General to make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Federal Magistrates Act 1999, including fees to be paid in respect of proceedings in the Federal Magistrates Court. Pursuant to this power, the Federal Magistrates Regulations 2000 were made, to prescribe the fees to be paid in respect of proceedings in the Federal Magistrates Court.
The purpose of the Regulations is to make consequential amendments to the Federal Court of Australia Regulations 1978 and the Federal Magistrates Regulations 2000 to provide that only a filing fee of $50.00 is payable in respect of applications made under section 46PP of the Human Rights and Equal Opportunity Commission Act 1986. Section 46PP provides that any time after a complaint alleging unlawful discrimination is lodged with the Human Fights and Equal Opportunity Commission an application for an interim injunction to maintain the status quo or the rights of any affected person may be made to the Federal Court or the Federal Magistrates Court.
Details of the Regulations are contained in separate attachments.
Both sets of Regulations commence on gazettal.
Attachment
Federal Court of Australia Amendment Regulations 2000 (No. 4)
Regulation 1 provides the name of the Regulations.
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 provides that Schedule 1 to the Regulations amends the Federal Court of Australia Regulations 1978.
Item 1 of Schedule 1 omits the words "section 46PO" from subregulation 2(1BA) of the Federal Court of Australia Regulations 1978 and inserts "section 46PO or 46PP". This amendment provides that only a filing fee is payable in respect of an application made under section 46PP of the Human Rights and Equal Opportunity Act 1986.
Item 2 of Schedule 1 omits the word "section 46PO" from item 1AA of the Schedule to the Federal Court of Australia Regulations 1978 and inserts "section 46PO or 46PP". This provides that the fee for filing an application under section 46PP of the Human Rights and Equal Opportunity Act 1986 is $50.00.
Attachment
Federal Magistrates Amendment Regulations 2000 (No. 1)
Regulation 1 provides the name of the Regulations.
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 provides that Schedule 1 to the Regulations amends the Federal Magistrates Regulations 2000.
Item 1 of Schedule 1 of the Regulations amends Item 2 of the Schedule to the Federal Magistrates Regulations 2000 by omitting the words "section 46PO" and inserting the words "section 46PO or 46PP". This provides that the fee for filing an application under section 46PP of the Human Rights and Equal Opportunity Act 1986 is $50.00.
Overview
The Federal Court of Australia Amendment Regulations 2000 (No. 4) and the Federal Magistrates Amendment Regulations 2000 (No. 1) were enacted to amend the Federal Court of Australia Regulations 1978 and the Federal Magistrates Regulations 2000, respectively. These Regulations were made under the authority of the Attorney-General to address a specific gap in the existing regulatory framework concerning the fees payable for applications made under section 46PP of the Human Rights and Equal Opportunity Commission Act 1986. This section allows for the application of an interim injunction to maintain the status quo or the rights of any affected person after a complaint alleging unlawful discrimination is lodged with the Human Rights and Equal Opportunity Commission. The primary objective of these Regulations is to ensure that only a filing fee of $50.00 is payable for such applications, thereby providing a clear and consistent fee structure for proceedings in both the Federal Court and the Federal Magistrates Court.
Scope and Application
The Federal Court of Australia Amendment Regulations 2000 (No. 4) and the Federal Magistrates Amendment Regulations 2000 (No. 1) are instrumental in modifying the existing regulatory framework to align with the Human Rights and Equal Opportunity Commission Act 1986, specifically concerning the fee structure for applications under section 46PP. These regulations apply to the Federal Court of Australia and the Federal Magistrates Court, affecting entities and individuals who seek to make applications under section 46PP of the Human Rights and Equal Opportunity Commission Act 1986, which pertains to interim injunctions in cases of unlawful discrimination. The regulations streamline the fee structure by establishing a flat filing fee of $50.00 for such applications, irrespective of the court in which they are filed. Both sets of regulations commence upon gazettal and extend to the Commonwealth of Australia. The amendments do not introduce any exclusions or exemptions beyond the specific application of the fee structure to section 46PP applications, as indicated. Subordinate instruments are utilised to further refine the application and implementation of these regulations, ensuring clarity and precision in their execution.
Key Provisions
The Federal Court of Australia Amendment Regulations 2000 (No. 4) and the Federal Magistrates Amendment Regulations 2000 (No. 1) primarily focus on updating the fees associated with applications made under section 46PP of the Human Rights and Equal Opportunity Commission Act 1986. Regulation 3 of the Federal Court of Australia Amendment Regulations 2000 (No. 4) amends the Federal Court of Australia Regulations 1978, ensuring that a filing fee of $50 is payable for applications under section 46PP (Item 1 of Schedule 1). Similarly, Regulation 3 of the Federal Magistrates Amendment Regulations 2000 (No. 1) modifies the Federal Magistrates Regulations 2000 to reflect the same fee structure for applications under section 46PP (Item 1 of Schedule 1). These regulations aim to streamline the fee structure by aligning the costs for interim injunction applications under section 46PP.
These regulations impose specific obligations on parties or entities governed by the Federal Court of Australia Regulations 1978 and the Federal Magistrates Regulations 2000. Specifically, they require that a filing fee of $50 is paid for any application made under section 46PP of the Human Rights and Equal Opportunity Commission Act 1986. This obligation applies to all applicants who seek to maintain the status quo or the rights of any affected person by filing such applications in either the Federal Court or the Federal Magistrates Court. The regulations ensure consistency in fee requirements across both courts, facilitating a uniform approach to fee collection for these specific applications.
In terms of consequences for non-compliance, the regulations do not explicitly detail offences, penalties, or specific civil or criminal consequences for failing to pay the required filing fee. However, it is reasonable to infer that non-payment of the stipulated fee could result in the application not being processed or accepted by either the Federal Court or the Federal Magistrates Court. The regulations do not outline additional penalties beyond this procedural consequence, implying that the primary enforcement mechanism is the refusal to proceed with the application until the fee is paid.