Federal Court of Australia Regulations (Amendment) 1997 No. 107
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 107
ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL AND MINISTER FOR JUSTICE
Federal Court of Australia Act 1976
Federal Court of Australia Regulations (Amendment)
Subsection 60(1) of the Federal Court of Australia Act 1976 (the Act) provides that the Governor-General may make regulations prescribing the fees to be paid in respect of proceedings in the Court.
The purpose of the Regulations is to provide that the fees payable for termination of employment proceedings in the Federal Court are the same as the fees payable for those proceedings in the Australian Industrial Relations Commission, as announced by the Government in the Senate on 9 October 1996.
The previous Regulations provided that the fee for filing an application for termination of employment proceedings commenced in the Federal Court is the same as the fee payable under the Workplace Relations Regulations for the same proceedings and that neither the setting down fee nor the hearing fee is payable for termination of employment proceedings.
These Regulations provide that the other fees listed in the Schedule, for example for issuing subpoenas and notices of motions, are not payable for termination of employment proceedings commenced in the Federal Court.
On 25 May 1997, the existing jurisdiction of the Industrial Relations Court of Australia will be vested in the Federal Court. Proceedings that have commenced in the Industrial Relations Court but in respect of which the Industrial Relations Court had not begun the substantive hearing before 25 May 1997 will be transferred to the Federal Court, including termination of employment matters.
These Regulations provide that the fees listed in the Schedule, the setting down fees and the hearing fees are not payable for termination of employment proceedings that are transferred from the Industrial Relations Court to the Federal Court.
These Regulations amend the definition of "corporation" to provide that "corporation" includes a financial institution as defined in the Corporations Law.
These Regulations also correct a number of minor drafting errors.
Details of the Regulations are as follows:
Regulation -1 - Commencement
Subregulation 4.2 on-fits existing paragraph 2(2)(a) that provides that a fee is not payable upon the filing of a document relating to a proceeding in the Industrial Division of the Court.
On 25 May 1997 the Industrial Division of the Federal Court will cease to exist. Therefore, subregulation 4.2 will commence on that day.
Regulation 2 - Amendment
Regulation 2 provides that the Federal Court of Australia Regulations are amended as set out in these Regulations.
Regulation 3 - Regulation 1A (Interpretation)
Existing regulation 1A defines "corporation" as having the same meaning as in the Corporations Law. Under the Corporations Law, a financial institution is defined as a "corporation" for certain parts of the Corporations Law but is not so defined for other parts of the Corporations Law.
Regulation 3 omits the existing definition of "corporation" and substitutes a new definition of "corporation" that makes it clear that, for the purposes of the Federal Court of Australia Regulations, a financial institution is a corporation.
Regulation 4 - Regulation 2 (Filing fees etc.)
Existing regulation 2 provides for filing fees and other fees, as listed in the Schedule, to be payable. Regulation 4 inserts new subregulations 2(1C) and 2(1D).
New subregulation 2(1C) provides that a fee, other than a filing fee mentioned in item 1A of the Schedule, is not payable in relation to an application under section 170CP of the Workplace Relations Act 1996. The effect of this subregulation is to ensure that the only fee payable for termination of employment proceedings commenced in the Federal Court is the filing fee payable under item 1A of the Schedule.
New subregulation 2(1D) provides that a fee is not payable in relation to a proceeding commenced under Division 3 of Part VIA of the Workplace Relations Act 1996, as in force before 31 December 1996, that is transferred to the Court from the Industrial Relations Court. The effect of this subregulation is to ensure that no fees are payable for termination of employment proceedings that were commenced in the Industrial Relations Court and then transferred to the Federal Court.
Paragraph 2(2)(a) provides that a fee is not payable upon the filing of a document relating to a proceeding in the Industrial Division of the Court.
On 25 May 1997, the Industrial Division of the Court will cease to exist. Subregulation 4.2 omits paragraph 2(2)(a), consequential on this.
Regulation 5 - Regulation 2AA (Setting down fees)
Existing regulation 2AA provides for setting down fees to be payable when a matter is set down for hearing. Existing subregulation 2AA(2) provides for the circumstances in which setting down fees are not payable.
Existing paragraph 2AA(2)(d) provides that setting down fees are not payable if the proceeding is one to which subregulation 2(2) applies.
Subregulation 5.1 omits existing paragraph 2AA(2)(d) and substitutes new paragraph 2AA(2)(d). The effect of this is to provide that setting down fees are also not payable if the proceeding is one to which new subregulations 2(1C) and 2(1D) (as inserted by subregulation 3.1) apply.
Existing paragraph 2AA(2)(ea) provides that the setting down fee is not payable if the proceeding is an application under section 170CP of the Workplace Relations Act 1996. This is now covered by new subregulation 2(1C), as inserted by subregulation 3.1, and therefore paragraph 2AA(2)(ea) is redundant. Subregulation 5.2 omits paragraph 2AA(2)(ea).
Subregulation 5.3 corrects a grammatical error in the drafting of existing paragraph 2AA(2)(i). It does not substantively alter the existing provision relating to the exemption from setting down fees for proceedings in the exercise by the Court of original jurisdiction vested in it by the Bankruptcy Act 1966.
Regulation 6 - Regulation 2A (Hearing fees)
Regulation 2A provides for hearing fees to be payable when a matter is heard. Existing subregulation 2A(2) provides for the circumstances in which setting down fees are not payable.
Existing paragraph 2A(2)(d) provides that setting down fees are not payable if the proceeding is one to which subregulation 2(2) applies.
Subregulation 6.1 omits existing paragraph 2A(2)(d) and substitutes new paragraph 2A(2)(d). The effect of this is to provide that setting down fees are also not payable if the proceeding is one to which new subregulations 2(1C) and 2(1D) (as inserted by subregulation 4.1) apply.
Existing paragraph 2A(2)(db) provides that the setting down fee is not payable if the proceeding is an application under section 170CP of the Workplace Relations Act 1996. This is now covered by new subregulation 2(1C), as inserted by subregulation 4.1, and therefore paragraph 2A(2)(db) is redundant. Subregulation 6.2 omits paragraph 2A(2)(db).
Subregulation 6.3 corrects a grammatical error in the drafting of existing paragraph 2A(2)(h). It does not substantively alter the existing provision relating to the exemption from setting down fees for proceedings in the exercise by the Court of original jurisdiction vested in it by the Bankruptcy Act 1966.