Commonwealth Numbered Acts Commonwealth Numbered Acts1 Definitions
In this Schedule:
applies , in relation to an enterprise agreement, has the same meaning as in the Fair Work Act 2009 .
commencement time means the commencement of Part 1 of Schedule 1 to this Act.
covers , in relation to an enterprise agreement, has the same meaning as in the Fair Work Act 2009 .
enterprise agreement has the same meaning as in the Fair Work Act 2009 .
Family Court means the Family Court of Australia.
Family Court CEO means the Chief Executive Officer within the meaning of the Family Law Act (as in force immediately before the commencement time).
Family Court CEO and Principal Registrar means the Chief Executive Officer within the meaning of the Family Law Act (as in force immediately after the second commencement time).
Family Law Act means the Family Law Act 1975 .
Federal Circuit Court means the Federal Circuit Court of Australia.
Federal Circuit Court Act means the Federal Circuit Court of Australia Act 1999 .
Federal Court means the Federal Court of Australia.
Federal Court Act means the Federal Court of Australia Act 1976 .
Federal Court CEO means the Chief Executive Officer within the meaning of the Federal Court Act (as in force immediately after the commencement time).
Federal Court Statutory Agency means the Statutory Agency mentioned in section 18ZE of the Federal Court Act (as in force immediately after the commencement time).
Native Title Act means the Native Title Act 1993 .
old Statutory Agency means the Statutory Agency mentioned in section 38Q of the Family Law Act (as in force immediately before the commencement time).
Public Service Act means the Public Service Act 1999 .
rules means rules made under subitem 13(1).
second commencement time means the commencement of Part 2 of Schedule 2 to this Act.
transferred agreement : see paragraph 11(1)(b).
transferred employee : see subitem 10(1).
Part 2 -- Names of offices, appointments etc.
2 Continuity of offices after name change
To avoid doubt, subsection 25B(1) of the Acts Interpretation Act 1901 applies for the purposes of the alterations made by this Act of the names of the following offices:
(a) the office of Chief Judge of the Family Court;
(b) the office of Deputy Chief Judge of the Family Court;
(c) the office of Registrar of the Federal Court;
(d) the office of Chief Executive Officer of the Family Court and Federal Circuit Court;
(e) the office of Chief Executive Officer of the Family Court;
(f) the office of Deputy Registrar of the Federal Court.
3 Continuity of appointment of Federal Court Registrar
(1) This item applies to an appointment of a person if:
(a) the appointment is made before the commencement time under section 18C of the Federal Court Act; and
(b) the appointment is in force immediately before that time.
(2) The appointment continues in force (and may be dealt with) after that time as if the person had been appointed under section 18C of the Federal Court Act (as in force immediately after the commencement time).
4 Continuity of appointment of court officers
(1) This item applies to an appointment of a person if:
(a) the appointment is made before the commencement time under:
(i) subsection 18N(3) of the Federal Court Act; or
(ii) subsection 38N(3) of the Family Law Act; or
(iii) subsection 99(7), 107(1) or 110(1) of the Federal Circuit Court Act; or
(iv) subsection 130(2) of the Native Title Act; and
(b) the appointment is in force immediately before that time.
(2) The appointment continues in force (and may be dealt with) after that time as if it had been made by the Federal Court CEO under subsection 18ZH(1) of the Federal Court Act (as in force immediately after the commencement time).
5 Continuity of engagement of consultants etc.
(1) This item applies to the engagement of a person if:
(a) the engagement is made before the commencement time under:
(i) section 18R of the Federal Court Act; or
(ii) section 38R of the Family Law Act; or
(iii) section 115 of the Federal Circuit Court Act; or
(iv) section 132 of the Native Title Act; and
(b) the engagement is in force immediately before that time.
(2) The engagement continues in force (and may be dealt with) after that time as if it had been made by the Federal Court CEO under section 18ZI of the Federal Court Act (as in force immediately after the commencement time).
6 Things done by or in relation to the Principal Registrar of the Family Court
(1) If, before the second commencement time, a thing was done by, or in relation to, the Principal Registrar of the Family Court under the Family Law Act, then the thing is taken, after that time, to have been done by, or in relation to, the Family Court CEO and Principal Registrar under that Act.
(2) The rules may prescribe that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Principal Registrar of the Family Court before the second commencement time.
Part 3 -- Matters relating to the finance law
7 Continuity of listed entity
(1) The listed entity mentioned in section 18BB of the Federal Court Act (as in force immediately before the commencement time) continues in existence on and after the commencement time as the listed entity mentioned in section 18ZB of the Federal Court Act (as in force immediately after the commencement time) so that its identity is not affected.
(2) To avoid doubt, the amendments made by this Act do not affect:
(a) the continued operation or effect, after the commencement time, of any instruments made before that time by, or on behalf of:
(i) the listed entity; or
(ii) the accountable authority of the listed entity; or
(iii) any other official of the listed entity; or
(b) the validity or effect, after the commencement time, of anything done before that time by or in relation to:
(i) the listed entity; or
(ii) the accountable authority of the listed entity; or
(iii) any other official of the listed entity.
8 Reporting requirements for old listed entity
(1) Despite the listed entity mentioned in section 38BAA of the Family Law Act immediately before the commencement time (the old listed entity ) ceasing to exist because of the repeal of that section made by this Act, the reporting requirements in sections 39, 42 and 46 of the Public Governance, Performance and Accountability Act 2013 apply in relation to:
(a) the old listed entity; and
(b) the accountable authority of the old listed entity; and
(c) the reporting period of the old listed entity that ends on 30 June 2015;
as if the old listed entity had not ceased to exist.
(2) For the purposes of paragraph (1)(b), the accountable authority of the old listed entity is:
(a) the person who was the accountable authority of the old listed entity immediately before the commencement time; or
(b) if the rules prescribe another person--that person.
Part 4 -- Matters relating to APS employment
9 Continuity of Statutory Agency
(1) The Statutory Agency mentioned in section 18Q of the Federal Court Act (as in force immediately before the commencement time) continues in existence on and after the commencement time as the Statutory Agency mentioned in section 18ZE of the Federal Court Act (as in force immediately after the commencement time) so that its identity is not affected.
(2) To avoid doubt, the amendments made by this Act do not affect:
(a) the continued operation, after the commencement time, of any instruments made before that time by, or on behalf of:
(i) the Statutory Agency; or
(ii) the Agency Head of the Statutory Agency; or
(iii) an APS employee in the Statutory Agency; or
(b) the validity or effect, after the commencement time, of anything done before that time by or in relation to:
(i) the Statutory Agency; or
(ii) the Agency Head of the Statutory Agency; or
(iii) an APS employee in the Statutory Agency.
10 Transfer of APS employees to Federal Court Statutory Agency
(1) A person who is an APS employee in the old Statutory Agency immediately before the commencement time (a transferred employee ) is moved to the Federal Court Statutory Agency at the commencement time.
(2) To avoid doubt, section 72 of the Public Service Act 1999 does not apply in relation to a transferred employee who is moved to the Federal Court Statutory Agency under subitem (1).
(3) However, subsection 72(5A) of the Public Service Act 1999 , and regulations made for the purposes of that subsection, apply in the same way as they would apply if a transferred employee had been moved to the Federal Court Statutory Agency by a determination made by the Australian Public Service Commissioner under paragraph 72(1)(a) of that Act.
11 Terms and conditions of employment for transferred employees
Transferring enterprise agreement
(1) If:
(a) a person is a transferred employee; and
(b) immediately before the commencement time, one of the following enterprise agreements (the transferred agreement ) applied to the person's employment in the old Statutory Agency:
(i) the enterprise agreement known as the Federal Magistrates Court of Australia and Family Court of Australia Enterprise Agreement 2011--2014 ;
(ii) if the rules prescribe another enterprise agreement--that agreement;
then:
(c) after the commencement time, the transferred agreement applies to the Federal Court CEO, on behalf of the Commonwealth, and the transferred employee in relation to the transferred employee's employment in the Federal Court Statutory Agency; and
(d) written policies or guidelines made by the Family Court CEO for the purposes of the transferred agreement that are in force immediately before the commencement time continue in force (and may be dealt with) after the commencement time as if they had been made by the Federal Court CEO for those purposes; and
(e) if:
(i) another enterprise agreement (the new agreement ) comes into operation after the commencement time; and
(ii) the new agreement is made by the Federal Court CEO on behalf of the Commonwealth; and
(iii) the new agreement covers the Federal Court CEO, on behalf of the Commonwealth, and the transferred employee in relation to the transferred employee's employment in the Federal Court Statutory Agency;
then, when the new agreement comes into operation, the transferred agreement ceases to apply to the transferred employee in relation to the transferred employee's employment in the Federal Court Statutory Agency.
Transferring APS determinations
(2) If:
(a) a person is a transferred employee; and
(b) immediately before the commencement time, a determination under subsection 24(1) of the Public Service Act 1999 applied to the person's employment in the old Statutory Agency;
then the determination (as in force immediately before the commencement time and to the extent to which it relates to the transferred employee) has effect (and may be dealt with) after the commencement time, in relation to the transferred employee's employment in the Federal Court Statutory Agency, as if:
(c) the determination had been made by the Federal Court CEO; and
(d) the determination were applicable to the person's employment in the Federal Court Statutory Agency.
12 Terms and conditions of employment for new employees
Transferred agreement to cover new employees
(1) If:
(a) a person (the new employee ) becomes an APS employee in the Federal Court Statutory Agency at a time (the employment time ) that is on or after the commencement time; and
(b) at the employment time the transferred agreement applies to a transferred employee;
then:
(c) after the employment time, the transferred agreement covers the Federal Court CEO, on behalf of the Commonwealth, and the new employee in relation to the new employee's employment in the Federal Court Statutory Agency; and
(d) if:
(i) another enterprise agreement (the new agreement ) comes into operation after the employment time; and
(ii) the new agreement is made by the Federal Court CEO on behalf of the Commonwealth; and
(iii) the new agreement covers the Federal Court CEO, on behalf of the Commonwealth, and the new employee in relation to the new employee's employment in the Federal Court Statutory Agency;
then, when the new agreement comes into operation, the transferred agreement ceases to cover the new employee in relation to the new employee's employment in the Federal Court Statutory Agency.
Note: Even though the transferred agreement covers the new employee because of paragraph (1)(c), it might not apply to the new employee (for example, because another enterprise agreement applies to the new employee).
Only one agreement to apply to new employees
(2) If, at the employment time, both the transferred agreement and the Federal Court agreement (see subitem (3)) cover the Federal Court CEO, on behalf of the Commonwealth, and the new employee in relation to the new employee's employment in the Federal Court Statutory Agency, then:
(a) the Federal Court CEO may determine that one of those enterprise agreements applies to the new employee in relation to the new employee's employment in the Federal Court Statutory Agency; and
(b) if:
(i) another enterprise agreement (the new agreement ) comes into operation after the employment time; and
(ii) the new agreement is made by the Federal Court CEO on behalf of the Commonwealth; and
(iii) the new agreement covers the Federal Court CEO, on behalf of the Commonwealth, and the new employee in relation to the new employee's employment in the Federal Court Statutory Agency;
then, when the new agreement comes into operation, the enterprise agreement determined by the Federal Court CEO under paragraph (a) ceases to apply to the new employee in relation to the new employee's employment in the Federal Court Statutory Agency.
(3) The Federal Court agreement is:
(a) the enterprise agreement known as the Federal Court of Australia Enterprise Agreement 2011--2014 ; or
(b) if another enterprise agreement is prescribed by the rules--that agreement.
Rules
(4) The rules may prescribe circumstances in which subitem (1) or (2) does not apply.
Delegation
(5) The Federal Court CEO may, in writing, delegate the power conferred by paragraph (2)(a) to:
(a) an SES employee in the Federal Court Statutory Agency; or
(b) an APS employee in the Federal Court Statutory Agency who holds or performs the duties of an Executive Level 2 position or an equivalent position.
Determination is not a legislative instrument
(6) A determination made under paragraph (2)(a) is not a legislative instrument.
13 Transitional rules
(1) The Minister may, by legislative instrument, make rules prescribing matters:
(a) required or permitted by this Schedule to be prescribed by the rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) The rules may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Act.
(3) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.
(4) This Act (other than subitem (3)) does not limit the rules that may be made under subitem (1).
(5) Despite subsection 12(2) of the Legislative Instruments Act 2003 , a provision of the rules may be expressed to take effect from a day before the rules are registered under that Act (but not before the commencement time).
(6) If Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 commences before this item, then subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 (as amended by that Schedule) does not apply in relation to a provision of the rules that commences in the period that:
(a) starts at the commencement time; and
(b) ends before the rules are registered under the Legislation Act 2003 .