No. 13, 2021
Contents
1............ Short title............................................................................................. 2
2............ Commencement................................................................................... 2
3............ Schedules............................................................................................ 6
Schedule 1--Amendments relating to the Federal Circuit and Family Court of Australia 7
Part 1--Amendments 7
Federal Court of Australia Act 1976 37
Part 2--Application, saving and transitional provisions 55
Division 1--Introduction 55
Division 2--Application of amendments 55
Division 3--Saving and transitional provisions: Family Law Act 1975 amendments 55
Division 4--Saving and transitional provisions: Federal Court of Australia Act 1976 amendments 57
Part 3--Amendments not commencing before 1 January 2020 59
Federal Circuit and Family Court of Australia Act 2021 59
Part 4--Amendments relating to making Rules of Court 60
Corporations (Aboriginal and Torres Strait Islander) Act 2006 60
Federal Circuit and Family Court of Australia Act 2021 61
Plant Breeder's Rights Act 1994 64
Schedule 2--Further consequential amendments 65
Administrative Appeals Tribunal Act 1975 65
Administrative Decisions (Judicial Review) Act 1977 67
Age Discrimination Act 2004 73
A New Tax System (Family Assistance) (Administration) Act 1999 73
Antarctic Treaty (Environment Protection) Act 1980 74
Australian Charities and Not-for-profits Commission Act 2012 74
Australian Crime Commission Act 2002 74
Australian Energy Market Act 2004 77
Australian Human Rights Commission Act 1986 77
Australian Passports Act 2005 79
Australian Securities and Investments Commission Act 2001 79
Australian Security Intelligence Organisation Act 1979 80
Australian Sports Anti-Doping Authority Act 2006 81
Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017 85
Broadcasting Services Act 1992 85
Budget Savings (Omnibus) Act 2016 85
Building and Construction Industry (Improving Productivity) Act 2016 85
Building Energy Efficiency Disclosure Act 2010 86
Child Support (Assessment) Act 1989 86
Child Support (Registration and Collection) Act 1988 89
Civil Dispute Resolution Act 2011 92
Coal Mining Industry (Long Service Leave) Administration Act 1992 93
Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992 94
Coastal Trading (Revitalising Australian Shipping) Act 2012 95
Competition and Consumer Act 2010 95
Corporations (Aboriginal and Torres Strait Islander) Act 2006 99
Crimes Act 1914 105
Criminal Code Act 1995 106
Customs Act 1901 107
Defence Act 1903 108
Defence Force (Home Loans Assistance) Act 1990 108
Defence Reserve Service (Protection) Act 2001 108
Designs Act 2003 108
Do Not Call Register Act 2006 110
Education Services for Overseas Students Act 2000 113
Enhancing Online Safety Act 2015 113
Fair Work (Registered Organisations) Act 2009 121
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 122
Family Court of Western Australia (Orders of Registrars) Act 1997 123
Federal Proceedings (Costs) Act 1981 124
Foreign Acquisitions and Takeovers Act 1975 125
Freedom of Information Act 1982 127
Government Procurement (Judicial Review) Act 2018 128
Great Barrier Reef Marine Park Amendment (Authority Governance and Other Matters) Act 2018 129
Greenhouse and Energy Minimum Standards Act 2012 130
Healthcare Identifiers Act 2010 130
Higher Education Support Act 2003 130
Horse Disease Response Levy Collection Act 2011 131
Human Rights Legislation Amendment Act 2017 131
Illegal Logging Prohibition Act 2012 131
Imported Food Control Act 1992 132
Income Tax Assessment Act 1997 132
Independent Contractors Act 2006 132
Industrial Chemicals Act 2019 133
Industrial Chemicals (Notification and Assessment) Act 1989 133
Inspector-General of Live Animal Exports Act 2019 133
Insurance Contracts Act 1984 133
Interactive Gambling Act 2001 134
Judges (Long Leave Payments) Act 1979 134
Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 136
Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 137
Jurisdiction of Courts (Cross-vesting) Act 1987 139
Law Enforcement Integrity Commissioner Act 2006 142
Major Sporting Events (Indicia and Images) Protection Act 2014 143
Marriage Amendment (Definition and Religious Freedoms) Act 2017 143
Maternity Leave (Commonwealth Employees) Act 1973 144
Mutual Assistance in Criminal Matters Act 1987 150
My Health Records Act 2012 152
National Cancer Screening Register Act 2016 152
National Consumer Credit Protection Act 2009 152
National Disability Insurance Scheme Act 2013 154
National Greenhouse and Energy Reporting Act 2007 155
National Health Security Act 2007 155
National Measurement Act 1960 155
National Redress Scheme for Institutional Child Sexual Abuse Act 2018 156
National Vocational Education and Training Regulator Act 2011 156
Offshore Petroleum and Greenhouse Gas Storage Act 2006 158
Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 162
Paid Parental Leave Act 2010 162
Parliamentary Business Resources Act 2017 163
Personal Property Securities Act 2009 163
Petroleum and Other Fuels Reporting Act 2017 168
Plant Breeder's Rights Act 1994 168
Privacy Act 1988 169
Proceeds of Crime Act 2002 171
Product Emissions Standards Act 2017 171
Product Stewardship Act 2011 171
Public Interest Disclosure Act 2013 172
Regulatory Powers (Standard Provisions) Act 2014 173
Remuneration and Allowances Act 1990 173
Renewable Energy (Electricity) Act 2000 174
Resale Royalty Right for Visual Artists Act 2009 174
Road Vehicle Standards Act 2018 175
Security of Critical Infrastructure Act 2018 175
Shipping Registration Act 1981 176
Space (Launches and Returns) Act 2018 176
Stronger Futures in the Northern Territory Act 2012 177
Student Assistance Act 1973 178
Taxation Administration Act 1953 178
Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 179
Tertiary Education Quality and Standards Agency Act 2011 180
Therapeutic Goods Act 1989 181
Tobacco Plain Packaging Act 2011 182
Trans-Tasman Proceedings Act 2010 184
Underwater Cultural Heritage Act 2018 184
VET Student Loans Act 2016 185
Water Act 2007 185
Water Efficiency Labelling and Standards Act 2005 185
Work Health and Safety Act 2011 186
Schedule 3--Repeal of the Federal Circuit Court of Australia Act 1999 188
Part 1--Repeals 188
Federal Circuit Court of Australia Act 1999 188
Part 2--Saving and transitional provisions 189
Schedule 4--Contingent amendments 193
Part 1--Aged Care Legislation Amendment (New Commissioner Functions) Act 2019 193
Aged Care Quality and Safety Commission Act 2018 193
Part 2--Communications Legislation Amendment (Deregulation and Other Measures) Act 2019 194
Communications Legislation Amendment (Deregulation and Other Measures) Act 2019 194
Part 3--Fair Work Laws Amendment (Proper Use of Worker Benefits) Act 2021 195
Part 4--Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020 196
Federal Circuit and Family Court of Australia Act 2021 198
Part 5--Interactive Gambling Amendment (National Self-exclusion Register) Act 2019 199
Interactive Gambling Act 2001 199
Part 6--National Sports Tribunal Act 2019 200
National Sports Tribunal Act 2019 200
Part 7--Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 2019 201
Offshore Petroleum and Greenhouse Gas Storage Act 2006 201
Part 8--Student Identifiers Amendment (Enhanced Student Permissions) Act 2020 202
Student Identifiers Act 2014 202
Part 9--Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 203
Telecommunications Act 1997 203
Telecommunications (Consumer Protection and Service Standards) Act 1999 203
Schedule 5--Transitional provisions 204
Part 1--Introduction 204
Part 2--Continuity of the Family Court of Australia, and Judges and personnel of the Court 205
Part 3--Continuity of the Federal Circuit Court of Australia, and Judges and personnel of the Court 211
Part 4--Transitional arrangements for appeals 216
Division 1--Appeals or applications not made, but time for making appeal or application not expired 216
Division 2--Matters not substantively heard before the commencement day 217
Division 3--Matters substantively heard, in whole or in part, before the commencement day 222
Division 4--Miscellaneous 224
Part 5--Miscellaneous 227
No. 13, 2021
An Act to deal with consequential and transitional matters in connection with the Federal Circuit and Family Court of Australia Act 2021, and for related purposes
[Assented to 1 March 2021]
The Parliament of Australia enacts:
[Minister's second reading speech made in--
House of Representatives on 5 December 2019
Senate on 2 December 2020]
(249/19) |