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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Jurisdiction
of the Federal Magistrates Service Legislation Amendment Bill
2001
No. ,
2001
(Attorney-General)
A
Bill for an Act to amend the law relating to the jurisdiction of the Federal
Magistrates Service, and for related purposes
Contents
Part 1—Amendments 3
Part 2—Application of
amendments 7
Part 1—Amendments 8
Administrative Appeals Tribunal Act
1975 8
Administrative Decisions (Judicial Review) Act
1977 8
Part 2—Application of
amendments 9
A Bill for an Act to amend the law relating to the
jurisdiction of the Federal Magistrates Service, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Jurisdiction of the Federal Magistrates
Service Legislation Amendment Act 2001.
This Act commences on the day on which it receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
1 Subparagraph
42(2A)(e)(ii)
Omit “High Court or the Federal Court” (wherever occurring),
substitute “High Court, the Federal Court or the Federal Magistrates
Court”.
2 Subsection 114(1)
After “Court,”, insert “the Federal Magistrates
Court,”.
3 Subsection 137G(1)
After “Court”, insert “or the Federal Magistrates
Court”.
4 Subsection 153(2)
Omit “or the Federal Court”, substitute “, the Federal
Court or the Federal Magistrates Court”.
5 Part 8 (heading)
Repeal the heading, substitute:
6 Division 2 of Part 8
(heading)
Repeal the heading, substitute:
Note: The heading to section 475 is altered by
inserting “or Federal Magistrates Court” after
“Court”.
7 Subsection 476(1)
After “Court”, insert “or the Federal Magistrates
Court”.
8 Subsection 477(1)
After “Court”, insert “or the Federal Magistrates
Court”.
9 Subsection 477(2)
After “Court”, insert “or the Federal Magistrates
Court”.
10 Subsection 478(1)
After “application”, insert “made to the Federal
Court”.
11 After section 478
Insert:
(1) An application made to the Federal Magistrates Court under
section 476 or 477 must:
(a) be made in such manner as is specified in the Rules of Court made
under the Federal Magistrates Act 1999; and
(b) be lodged with a Registry of the Federal Magistrates Court within 28
days of the applicant being notified of the decision.
(2) The Federal Magistrates Court must not make an order allowing, or
which has the effect of allowing, an applicant to lodge an application outside
the period specified in paragraph (1)(b).
12 Subsection 481(1)
After “, the Federal Court”, insert “or the Federal
Magistrates Court”.
Note: The heading to section 481 is altered by
inserting “and Federal Magistrates Court” after
“Court”.
13 Paragraph 481(1)(a)
Omit “Court”, substitute “court”.
14 Paragraph 481(1)(b)
Omit “Court”, substitute “court”.
15 Paragraph 481(1)(d)
Omit “Federal Court”, substitute “court”.
16 Subsection 481(2)
After “, the Federal Court”, insert “or the Federal
Magistrates Court”.
17 Paragraph 481(2)(c)
Omit “Federal Court”, substitute “court”.
18 Subsection 481(3)
After “Court”, insert “or the Federal Magistrates
Court”.
19 Subsection 482(1)
After “Court”, insert “or the Federal Magistrates
Court”.
20 After subsection 482(2)
Insert:
(2A) If an application is made to the Federal Magistrates Court under
section 476 or 477 in relation to a judicially-reviewable decision, the
Federal Magistrates Court or a Federal Magistrate may make such orders of the
kind referred to in subsection (3) as that Court or Magistrate considers
appropriate for the purpose of securing the effectiveness of the hearing and
determination of the appeal.
21 Subsection 482(3)
After “(2)”, insert “or (2A)”.
22 After subsection 482(4)
Insert:
(4A) The Federal Magistrates Court or a Federal Magistrate may, by order,
vary or revoke an order in force under subsection (2A) (including an order
that has previously been varied under this subsection).
23 Subsection 482(5)
After “(2)”, insert “or (2A).
24 Subsection 485(1)
Omit “Federal Court does”, substitute “Federal Court and
the Federal Magistrates Court do”.
Note: The heading to section 485 is altered by omitting
“does” and substituting “and Federal Magistrates
Court do”.
25 Subsection 485(2)
Repeal the subsection, substitute:
(2) Subsection (1) does not affect the jurisdiction of the Federal
Court or the Federal Magistrates Court in relation to appeals under
section 44 or 44AA of the Administrative Appeals Tribunal Act
1975.
26 Subsection 485(3)
After “Court” (first occurring), insert “or the Federal
Magistrates Court”.
27 Subsection 485(3)
Omit “Federal Court” (last occurring), substitute
“court”.
28 Section 486
Omit “Federal Court has”, substitute “Federal Court and
the Federal Magistrates Court have concurrent”.
Note: The heading to section 486 is altered by
inserting “and Federal Magistrates Court” after
“Court”.
29 Subsection 500(6)
Omit all the words after “that has been”, substitute:
made by:
(a) the Tribunal; or
(b) a presidential member under section 41 of the Administrative
Appeals Tribunal Act 1975; or
(c) the Federal Court of Australia or a Judge of that Court under
section 44A of that Act; or
(d) the Federal Magistrates Court or a Federal Magistrate under
section 44A of that Act.
Part 2—Application
of amendments
30 Application of
amendments
The amendments of the Migration Act 1958 made by this Schedule apply
in relation to:
(a) an application made under section 476 of that Act on or after the
commencement of this item for review of a judicially-reviewable decision made on
or after the commencement of this item; and
(b) an application made under subsection 477(1) of that Act on or after
the commencement of this item in respect of a failure to make a
judicially-reviewable decision that ought reasonably to have been made in a
period that ends on or after the commencement of this item; and
(c) an application made under subsection 477(2) of that Act on or after
the commencement of this item in respect of a failure to make a
judicially-reviewable decision that is required to be made in a period that ends
on or after the commencement of this item.
Administrative Appeals
Tribunal Act 1975
1 Paragraph 44AA(2)(b)
Repeal the paragraph.
Administrative Decisions
(Judicial Review) Act 1977
2 Subsection 5(4)
Repeal the subsection.
3 Subsection 6(4)
Repeal the subsection.
4 Subsection 7(3)
Repeal the subsection.
5 Subsection 13(10A)
Repeal the subsection.
Part 2—Application
of amendments
6 Application of amendments
(1) The amendment of the Administrative Appeals Tribunal Act 1975
made by item 1 applies in relation to an appeal instituted in the Federal
Court of Australia on or after the commencement of this item.
(2) The amendments of the Administrative Decisions (Judicial Review) Act
1977 made by items 2, 3, 4 and 5 apply in relation to a decision made
on or after the commencement of this item.