Jurisdiction of the Federal Magistrates Court Legislation Amendment Act 2006

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Legislation au C2006A00023 In force Act

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Jurisdiction of the Federal Magistrates Court Legislation Amendment Act 2006

 

No. 23, 2006

 

 

 

 

 

An Act to amend the law relating to the jurisdiction of the Federal Magistrates Court, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Jurisdiction over trade practices

Trade Practices Act 1974

Schedule 2—Jurisdiction in proceedings transferred from Family Court or Federal Court

Family Law Act 1975

Federal Court of Australia Act 1976

Schedule 3—Jurisdiction over certain admiralty actions

Admiralty Act 1988

Schedule 4—Jurisdiction over appeals against departure prohibition orders

Child Support (Registration and Collection) Act 1988

Federal Court of Australia Act 1976

 

 

 

Jurisdiction of the Federal Magistrates Court Legislation Amendment Act 2006

No. 23, 2006

 

 

 

An Act to amend the law relating to the jurisdiction of the Federal Magistrates Court, and for related purposes

[Assented to 6 April 2006]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Jurisdiction of the Federal Magistrates Court Legislation Amendment Act 2006.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

6 April 2006

2.  Schedules 1 to 4

The 28th day after the day on which this Act receives the Royal Assent.

4 May 2006

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

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  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Jurisdiction over trade practices

 

Trade Practices Act 1974

1  Subsection 86(1A)

Omit “Division 1 or 1A of Part V”, substitute “Part IVA, Part IVB, Division 1, 1AAA, 1A or 2A of Part V or Part VA”.

2  Application of amendment of subsection 86(1A)

The amendment of subsection 86(1A) of the Trade Practices Act 1974 made by this Schedule applies in relation to matters arising before, on or after the commencement of this Schedule.

3  Section 86AA

After “under”, insert “Part VA or”.

Note: The heading to section 86AA is altered by omitting “in proceedings under section 82”.

4  Paragraph 86AA(a)

Omit “$200,000”, substitute “$750,000”.

5  Application of amendments of section 86AA

The amendments of section 86AA of the Trade Practices Act 1974 made by this Schedule apply to:

 (a) proceedings instituted in the Federal Magistrates Court after the commencement of this Schedule; and

 (b) proceedings instituted in another court before, on or after the commencement of this Schedule and transferred to the Federal Magistrates Court after the commencement of this Schedule.


Schedule 2—Jurisdiction in proceedings transferred from Family Court or Federal Court

 

Family Law Act 1975

1  After subsection 33B(8)

Insert:

 (8A) The Federal Magistrates Court has jurisdiction in a matter that:

 (a) is the subject of a proceeding transferred to the court under this section; and

 (b) is a matter in which the court does not have jurisdiction apart from this subsection.

To avoid doubt, the court’s jurisdiction under this subsection is not subject to limits set by another provision.

2  After subsection 33C(3)

Insert:

 (3A) The Federal Magistrates Court has jurisdiction in a matter that:

 (a) is the subject of a proceeding transferred to the court under this section; and

 (b) is a matter in which the court does not have jurisdiction apart from this subsection.

To avoid doubt, the court’s jurisdiction under this subsection is not subject to limits set by another provision.

Federal Court of Australia Act 1976

3  After subsection 32AB(8)

Insert:

 (8A) The Federal Magistrates Court has jurisdiction in a matter that:

 (a) is the subject of a proceeding transferred to the court under this section; and

 (b) is a matter in which the court does not have jurisdiction apart from this subsection.

To avoid doubt, the court’s jurisdiction under this subsection is not subject to limits set by another provision.

4  Application of amendments

The amendments of the Family Law Act 1975 and the Federal Court of Australia Act 1976 made by this Schedule apply in relation to proceedings started before, on or after the commencement of this Schedule.


Schedule 3—Jurisdiction over certain admiralty actions

 

Admiralty Act 1988

1  Subsection 9(1)

After “Federal Court”, insert “, the Federal Magistrates Court”.

2  Application of amendment of section 9

The amendment of section 9 of the Admiralty Act 1988 made by this Schedule applies in relation to matters arising before, on or after the commencement of this Schedule.

3  Subsection 27(1)

After “Federal Court,”, insert “in the Federal Magistrates Court,”.

4  Before paragraph 28(1)(a)

Insert:

 (aa) the Federal Magistrates Court; or

5  Subsection 28(7)

After “if that court is”, insert “the Federal Magistrates Court or”.

6  Application of amendments of sections 27 and 28

The amendments of sections 27 and 28 of the Admiralty Act 1988 made by this Schedule apply in relation to proceedings started before, on or after the commencement of this Schedule.

7  Subsection 41(4)

After “Federal Court”, insert “, the Federal Magistrates Court”.

8  Application of amendment of section 41

The amendment of section 41 of the Admiralty Act 1988 made by this Schedule applies in relation to matters arising before, on or after the commencement of this Schedule.


Schedule 4—Jurisdiction over appeals against departure prohibition orders

 

Child Support (Registration and Collection) Act 1988

1  Subsection 72Q(1)

After “Federal Court of Australia”, insert “or the Federal Magistrates Court”.

2  Application of amendment of section 72Q

The amendment of section 72Q of the Child Support (Registration and Collection) Act 1988 made by this Schedule applies in relation to departure prohibition orders made before, on or after the commencement of this Schedule.

3  At the end of subsection 107A(1)

Add:

However, an appeal does not lie to the Family Court from a decree of the Federal Magistrates Court exercising jurisdiction under section 72Q.

Note: An appeal from a decree of the Federal Magistrates Court exercising jurisdiction under section 72Q lies to the Federal Court of Australia.

Federal Court of Australia Act 1976

4  At the end of subsection 24(1)

Add:

 ; and (e) appeals from judgments of the Federal Magistrates Court exercising jurisdiction under section 72Q of the Child Support (Registration and Collection) Act 1988.

 

 

[Minister’s second reading speech made in—

Senate on 7 December 2005

House of Representatives on 29 March 2006]

 

(201/05)

 

 

Overview

The Jurisdiction of the Federal Magistrates Court Legislation Amendment Act 2006, enacted by the Parliament of Australia, was introduced to address the need to extend the jurisdiction of the Federal Magistrates Court in various areas. The Act, which received royal assent on 6 April 2006, aims to amend the law relating to the jurisdiction of the Federal Magistrates Court, enhancing its capacity to handle specific types of cases. The Act came into effect in stages, with sections 1 to 3 and unspecified provisions commencing on the day of assent, 6 April 2006, and the schedules coming into effect on 4 May 2006. The primary objective of this legislation is to expand the jurisdiction of the Federal Magistrates Court to include certain trade practices matters, proceedings transferred from the Family Court or Federal Court, certain admiralty actions, and appeals against departure prohibition orders under the Child Support (Registration and Collection) Act 1988. This amendment aims to ensure that the Federal Magistrates Court can effectively manage these additional responsibilities, thereby contributing to a more streamlined and efficient judicial process.

Scope and Application

The Jurisdiction of the Federal Magistrates Court Legislation Amendment Act 2006 amends the law concerning the jurisdiction of the Federal Magistrates Court in various respects, enhancing the scope of cases it can hear and decide. This Act applies to the Federal Magistrates Court and its jurisdictional reach is expanded to include specific areas of trade practices, family law, admiralty actions, and child support. Specifically, the Federal Magistrates Court's jurisdiction is extended to cover proceedings under the Trade Practices Act 1974, including those related to Part IVA, Part IVB, Division 1, 1AAA, 1A or 2A of Part V or Part VA, with a monetary threshold increase from $200,000 to $750,000. Additionally, the Act grants the Federal Magistrates Court jurisdiction over matters transferred from the Family Court or the Federal Court under the Family Law Act 1975 and the Federal Court of Australia Act 1976, respectively. Furthermore, it includes admiralty actions previously under the purview of the Federal Court, and appeals against departure prohibition orders under the Child Support (Registration and Collection) Act 1988. The amendments apply to proceedings initiated before, on, or after the Act's commencement date, with certain provisions retroactive to matters arising on or after the commencement date. The Act does not specify any exclusions or exemptions but provides for its application through specified schedules amending relevant Acts.

Key Provisions

The Jurisdiction of the Federal Magistrates Court Legislation Amendment Act 2006 (C2006A00023) amends the law concerning the jurisdiction of the Federal Magistrates Court. This Act expands the court's jurisdiction in various areas, including trade practices, family law, admiralty, and child support matters. The operative sections of the Act provide for specific changes in the Trade Practices Act 1974, Family Law Act 1975, Federal Court of Australia Act 1976, Admiralty Act 1988, and Child Support (Registration and Collection) Act 1988. The key provisions of the Act require the Federal Magistrates Court to have jurisdiction over certain matters that were previously outside its purview. For instance, under the Trade Practices Act 1974, the court's jurisdiction is extended to cover matters under Part IVA, Part IVB, Division 1, 1AAA, 1A or 2A of Part V, or Part VA, with the monetary limit for proceedings increased from $200,000 to $750,000 (Section 86(1A) and Section 86AA). Additionally, the Family Law Act 1975 and the Federal Court of Australia Act 1976 provide that the Federal Magistrates Court has jurisdiction over matters transferred to it under these Acts, provided the court does not already have jurisdiction over those matters (Schedule 2). Furthermore, the Admiralty Act 1988 allows the Federal Magistrates Court to hear certain admiralty actions (Schedule 3). Lastly, the Child Support (Registration and Collection) Act 1988 permits the Federal Magistrates Court to hear appeals against departure prohibition orders, with appeals from its decrees going to the Federal Court of Australia, not the Family Court (Schedule 4). The Act imposes obligations on the Federal Magistrates Court to exercise the newly granted jurisdiction in accordance with the specified Acts. The court must ensure it has the requisite authority to hear and determine the matters falling within the expanded jurisdiction. Additionally, the Federal Magistrates Court must follow the procedural rules and guidelines outlined in the relevant Acts when exercising its new jurisdiction. Breaching the provisions of the amended Acts by failing to exercise the newly granted jurisdiction appropriately, or by exceeding the monetary limits where specified, could lead to legal consequences. While the Act does not explicitly state penalties for breaches, the underlying Acts, such as the Trade Practices Act 1974, have their own provisions for penalties and enforcement. For instance, under the Trade Practices Act 1974, contravening the monetary limits could result in fines and other penalties as stipulated within that Act. Similarly, failure to comply with the jurisdictional provisions could lead to judicial review or other legal remedies available under the respective Acts.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.