Judiciary Legislation Amendment Act 2006
No. 151, 2006
An Act to amend the Judiciary Act 1903, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Orders of non‑judicial officers of State courts of summary jurisdiction
Part 1—Amendments
Division 1—Main amendments
Judiciary Act 1903
Division 2—Consequential amendments
Commonwealth Places (Application of Laws) Act 1970
Crimes Act 1914
Family Law Act 1975
Part 2—Past orders
Judiciary Legislation Amendment Act 2006
No. 151, 2006
An Act to amend the Judiciary Act 1903, and for related purposes
[Assented to 7 December 2006]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Judiciary Legislation Amendment Act 2006.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Orders of non‑judicial officers of State courts of summary jurisdiction
Part 1—Amendments
Division 1—Main amendments
Judiciary Act 1903
1 Paragraph 39(2)(d)
Repeal the paragraph.
Note: The heading to paragraph 39(2)(d) is deleted.
2 Paragraph 39A(1)(b)
Omit “the provisions of paragraphs (c) and (d) of that subsection (whether or not it is expressed to be invested subject to both or either of those provisions), so far as they are capable of application and are”, substitute “paragraph 39(2)(c) (whether or not the jurisdiction is expressed to be invested subject to that paragraph), so far as it can apply and is”.
3 Subsection 68(3)
Repeal the subsection.
Division 2—Consequential amendments
Commonwealth Places (Application of Laws) Act 1970
4 Subsection 8(5)
Repeal the subsection.
Crimes Act 1914
5 Subsection 15A(1ACA)
Repeal the subsection, substitute:
(1ACA) Paragraph 26(d) of the Acts Interpretation Act 1901 does not apply in relation to subsections (1AA) and (1AC).
Family Law Act 1975
6 Part XIVB
Repeal the Part.
Part 2—Past orders
7 Definitions
In this Part:
ineffective order has the meaning given by item 8.
liability includes a duty or obligation.
non‑judicial officer of a court of summary jurisdiction of a State means an officer of the court who is not a magistrate, or arbitrator, of the kind described in paragraph 39(2)(d) of the Judiciary Act 1903 just before the commencement of this Schedule.
Note: Just before the commencement of this Schedule, paragraph 39(2)(d) of the Judiciary Act 1903 referred to:
(a) Stipendiary, Police and Special Magistrates, and State Magistrates specially authorised by the Governor‑General to exercise federal jurisdiction; and
(b) arbitrators on whom all or part of the jurisdiction of a State court of summary jurisdiction was conferred by a prescribed law of the State.
proceedings includes an initiating application.
proceedings for the order, in relation to an ineffective order, means the proceedings in or in relation to which the order was purportedly made.
Overview
The Judiciary Legislation Amendment Act 2006 (No. 151) was enacted by the Parliament of Australia to address gaps in the Judiciary Act 1903 concerning the authority of non-judicial officers of state courts of summary jurisdiction. This Act provides a framework for the handling of orders that were made by these officers before the Act's commencement, which were found to be ineffective due to the officers not having the requisite authority under federal jurisdiction. The primary objective of the Act is to declare the rights and liabilities of individuals as if the orders were valid, ensuring legal certainty and preventing any adverse consequences stemming from the invalidation of these orders.
This Act, which commenced on the day it received Royal Assent, amends several existing Acts, including the Judiciary Act 1903, the Commonwealth Places (Application of Laws) Act 1970, the Crimes Act 1914, and the Family Law Act 1975, to reflect the changes introduced by this legislation. The scope of the Act extends to orders made before its commencement, ensuring that any actions taken or omitted under such orders maintain their legal validity and consequences. This comprehensive approach ensures that the legal landscape remains stable and predictable, mitigating any potential disruptions caused by the retrospective invalidation of orders.
Scope and Application
The Judiciary Legislation Amendment Act 2006 (No. 151) amends the Judiciary Act 1903 to address the validity of certain orders made by non-judicial officers of state courts of summary jurisdiction before the commencement of the Act. The Act applies to persons and entities who were involved in proceedings where an ineffective order was made by a non-judicial officer of a state court exercising federal jurisdiction prior to the Act's commencement. It also extends to orders that were purportedly made, affirmed, varied, revoked, set aside, reversed, revived or suspended by a court or a non-judicial officer of a state court of summary jurisdiction. The Act’s jurisdictional reach is federal, applying across the Commonwealth of Australia. Exclusions apply to orders that were declared invalid by a court before the commencement of the Act. The Act's provisions are subject to the limitations and conditions of the initial matter in which the order was purportedly made, and jurisdiction in matters arising under the Act is conferred on the Family Court of Australia and the Federal Magistrates Court. The Act may be further extended or restricted through subordinate instruments, though such extensions or restrictions are not explicitly detailed in the primary text of the Act itself.
Key Provisions
- The Judiciary Legislation Amendment Act 2006 (No. 151, 2006) amends the Judiciary Act 1903 by making several key changes, as outlined in the main amendments section (Schedule 1, Part 1, Division 1). Specifically, the Act repeals paragraph 39(2)(d) and subsection 68(3) of the Judiciary Act 1903. Additionally, it makes consequential amendments to other acts, such as the Commonwealth Places (Application of Laws) Act 1970, the Crimes Act 1914, and the Family Law Act 1975. The Act also introduces definitions and provisions concerning past orders made by non-judicial officers of state courts of summary jurisdiction.
- The Act imposes specific obligations and requirements on the parties or entities it governs. These include the recognition and enforcement of rights and liabilities as if ineffective orders made by non-judicial officers were valid. For instance, section 9 declares the rights and liabilities of all persons as if each ineffective order had been made by the court in the exercise of its federal jurisdiction. Section 10 further stipulates that these rights and liabilities are exercisable or enforceable as if they were conferred by a valid order. Additionally, sections 11 and 12 outline the effects of acts done under or in relation to these rights and liabilities, as well as the powers of courts to vary, revoke, or suspend these rights and liabilities.
- Breaches of the provisions outlined in the Judiciary Legislation Amendment Act 2006 can result in various consequences. While specific offences and penalties are not detailed in the provided excerpt, the Act provides for proceedings for contempt if a person interferes with a right or fails to satisfy a liability related to an ineffective order (section 13). Furthermore, the Act allows for the court record or a copy of the record of an ineffective order to be used as evidence in proceedings (section 14). The jurisdictional scope is also defined, with the Family Court of Australia and the Federal Magistrates Court having jurisdiction over matters arising under this Part, subject to certain conditions and limitations (section 16).
- Area of Law
- Administrative Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Transitional Provisions
- Licensing & Registration
- Enforcement Powers