Federal Magistrates Amendment Regulations 2000 (No. 1) 2000 No. 245
EXPLANATORY STATEMENT
STATUTORY RULES 2000 NO. 245
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 Rights 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 Hum: an 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 make consequential amendments to the Federal Court of Australia Regulations 1978 and the Federal Magistrates Regulations 2000, respectively. These Regulations were introduced to address the need for uniformity in the fee structure for applications made under section 46PP of the Human Rights and Equal Opportunity Commission Act 1986. Both sets of Regulations were issued under the authority of the Attorney-General and were made pursuant to the powers granted by the Federal Court of Australia Act 1976 and the Federal Magistrates Act 1999. The policy objective of these Regulations is to streamline the fee payment process for applications related to interim injunctions in discrimination cases by standardising the filing fee to $50.00. Both sets of Regulations commence on the date of gazettal.
Scope and Application
The Federal Court of Australia Amendment Regulations 2000 (No. 1) and the Federal Magistrates Amendment Regulations 2000 (No. 1) apply to the Federal Court of Australia and the Federal Magistrates Court, respectively. These regulations are made under the authority of the Federal Court of Australia Act 1976 and the Federal Magistrates Act 1999 and primarily concern the fees payable in respect of applications made under section 46PP of the Human Rights and Equal Opportunity Commission Act 1986. The regulations establish that a filing fee of $50.00 is payable for applications made under this section, both in the Federal Court and the Federal Magistrates Court. The scope of these regulations is limited to amending the existing fee structures to reflect this change, ensuring that only the specified filing fee is applicable for the designated section of the Human Rights and Equal Opportunity Commission Act 1986. These regulations commence on gazettal and do not include any exclusions, exemptions, or thresholds beyond what is specified in the regulations themselves.
Key Provisions
The Federal Court of Australia Amendment Regulations 2000 (No. 4) and the Federal Magistrates Amendment Regulations 2000 (No. 1) introduce amendments to the existing fee structures for certain applications made under the Human Rights and Equal Opportunity Commission Act 1986. Specifically, Regulation 1 of each set of Regulations names the Regulations, while Regulation 2 stipulates that they commence on the date of gazettal. Regulation 3 and its corresponding Schedule 1 for each set detail the amendments made to the Federal Court of Australia Regulations 1978 and the Federal Magistrates Regulations 2000, respectively.
The Regulations require that for applications made under section 46PP of the Human Rights and Equal Opportunity Commission Act 1986, only a filing fee of $50.00 is payable in both the Federal Court and the Federal Magistrates Court. This is achieved by amending subregulation 2(1BA) of the Federal Court of Australia Regulations 1978 and Item 2 of the Schedule to the Federal Magistrates Regulations 2000. By omitting references to "section 46PO" and inserting "section 46PO or 46PP," the Regulations clarify that the reduced fee applies to applications made under section 46PP, which pertains to interim injunctions related to discrimination complaints.
The obligations imposed by these Regulations are primarily on applicants making interim injunction applications under section 46PP of the Human Rights and Equal Opportunity Commission Act 1986. These applicants are now required to pay a filing fee of $50.00, a reduction from potentially higher fees previously applicable. The Regulations ensure that this fee is consistently applied across both the Federal Court and the Federal Magistrates Court, simplifying the process for applicants seeking interim relief in discrimination cases.
There are no specific offences, penalties, or civil/criminal consequences outlined in the Regulations themselves for non-compliance with the new fee structure. However, failure to adhere to the prescribed fees when submitting applications could potentially lead to administrative delays or the application being deemed incomplete. Both the Federal Court and the Federal Magistrates Court have their own rules and practices regarding the handling of incomplete applications, which might include requiring the applicant to pay the correct fee before proceeding with the application. The primary consequence, therefore, is procedural rather than penal in nature.