Commonwealth Numbered Acts Commonwealth Numbered Acts
Federal Circuit Court of Australia Act 1999
1 Section 5
Insert:
"administrative affairs " of the Federal Circuit Court of Australia has a meaning affected by subsection 89(2).
2 Section 5 (definition of Chief Executive Officer )
Repeal the definition, substitute:
"Chief Executive Officer " means the Chief Executive Officer and Principal Registrar of the Federal Circuit Court of Australia.
Note: The Chief Executive Officer is appointed under section 96A. A person is appointed to act as the Chief Executive Officer under section 96J.
3 Section 5
Insert:
"corporate services " of the Federal Circuit Court of Australia has the meaning given by subsection 89(2A).
4 Division 1 of Part 7 (heading)
Repeal the heading, substitute:
Division 1 -- Management responsibilities of the Chief Judge and the Chief Executive Officer
5 After subsection 89(1)
Insert:
(2) The administrative affairs of the Federal Circuit Court of Australia do not include the corporate services of the Court.
(2A) The following matters relating to the Federal Circuit Court of Australia are the corporate services of the Court:
(a) communications;
(b) finance;
(c) human resources;
(d) information technology;
(e) libraries;
(f) procurement and contract management;
(g) property;
(h) risk oversight and management;
(i) statistics;
(j) any other matter prescribed by a determination under subsection (5).
6 Subsection 89(3)
Omit "For this purpose,", substitute "For the purpose mentioned in subsection (1),".
7 At the end of section 89
Add:
(5) The Minister may, by legislative instrument, determine matters that are the corporate services of the Court (see paragraph (2A)(j)).
Note 1: See Part IIB of the Federal Court of Australia Act 1976 for provisions relating to the corporate services of the Federal Circuit Court of Australia.
Note 2: For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013 ),the Chief Executive Officer, the officers of the Federal Circuit Court of Australia and the staff of the Federal Circuit Court of Australia are officials of the listed entity mentioned in section 18ZB of the Federal Court of Australia Act 1976 .
Note 3: For the purposes of the Public Service Act 1999 , the APS employees mentioned in section 101, subsection 106(1), subsection 109(1), section 111A and section 112 are part of the Statutory Agency declared under section 18ZE of the Federal Court of Australia Act 1976 .
8 Paragraph 90(1)(f)
Omit "Federal Circuit Court of Australia", substitute "Chief Judge".
9 After section 96
Insert:
96A Establishment and appointment of Chief Executive Officer
(1) There is to be a Chief Executive Officer and Principal Registrar of the Federal Circuit Court of Australia.
(2) The Chief Executive Officer is to be appointed by the Governor-General by written instrument on the nomination of the Chief Judge.
96B Remuneration of Chief Executive Officer
(1) The Chief Executive Officer is to be paid the remuneration and allowances determined by the Remuneration Tribunal.
(2) If there is no determination in force, the Chief Executive Officer is to be paid such remuneration as is prescribed.
(3) The Chief Executive Officer is to be paid such other allowances as are prescribed.
(4) Remuneration and allowances payable to the Chief Executive Officer under this section are to be paid out of money appropriated by the Parliament for the purposes of the Federal Circuit Court of Australia.
96C Terms and conditions of appointment of Chief Executive Officer
(1) The Chief Executive Officer holds office for the period (not longer than 5 years) specified in the instrument of his or her appointment, but is eligible for re-appointment.
(2) The Chief Executive Officer holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Chief Judge.
96D Leave of absence of Chief Executive Officer
(1) The Chief Executive Officer has such recreation leave entitlements as are determined by the Remuneration Tribunal.
(2) The Chief Judge may grant the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as the Chief Judge, with the approval of the Minister, determines.
96E Resignation of Chief Executive Officer
The Chief Executive Officer may resign by giving a signed notice of resignation to the Governor-General.
96F Outside employment of Chief Executive Officer
(1) Except with the consent of the Chief Judge, the Chief Executive Officer must not engage in paid employment outside the duties of his or her office.
(2) The reference in subsection (1) to paid employment does not include service in the Defence Force.
96G Termination of appointment of Chief Executive Officer
(1) The Governor-General may terminate the appointment of the Chief Executive Officer:
(a) for misbehaviour; or
(b) if the Chief Executive Officer is unable to perform the duties of his or her office because of physical or mental incapacity.
(2) The Governor-General is required to terminate the appointment of the Chief Executive Officer if:
(a) the Chief Executive Officer:
(i) becomes bankrupt; or
(ii) takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with one or more of his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or
(b) the Chief Executive Officer is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the Chief Executive Officer engages in paid employment contrary to section 96F; or
(d) the Chief Executive Officer fails, without reasonable excuse, to comply with section 96H; or
(e) the Chief Executive Officer fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
96H Disclosure of interests by Chief Executive Officer
(1) The Chief Executive Officer must give written notice to the Chief Judge of all direct or indirect pecuniary interests that the Chief Executive Officer has or acquires in any business or in any body corporate carrying on a business.
(2) The Chief Executive Officer must give written notice to the Chief Judge of all material personal interests that the Chief Executive Officer has that relate to the affairs of the Federal Circuit Court of Australia.
(3) Subsections (1) and (2) apply in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).
96J Acting Chief Executive Officer
The Chief Judge may, in writing, appoint a person to act in the office of Chief Executive Officer:
(a) during a vacancy in the office (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901 .
10 Subsections 99(2), (3), (4), (5) and (7)
Repeal the subsections.
11 Section 100
After "the purposes of ", insert "the administrative affairs of".
12 Subsection 107(1)
Repeal the subsection, substitute:
(1) The Deputy Sheriffs of the Federal Circuit Court of Australia may be persons engaged under the Public Service Act 1999 .
13 Subsection 110(1)
Repeal the subsection, substitute:
(1) The Deputy Marshals of the Federal Circuit Court of Australia may be persons engaged under the Public Service Act 1999 .
14 Sections 112A and 115
Repeal the sections.
15 Subsection 117(1) (note)
Repeal the note.
16 At the end of section 117
Add:
(4) A report prepared under this section may be included in a report prepared and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 in relation to the listed entity mentioned in section 18ZB of the Federal Court of Australia Act 1976 .
17 Section 118 (heading)
Repeal the heading, substitute:
118 Proceedings arising out of administrative affairs of the Federal Circuit Court of Australia