FEDERAL MAGISTRATES (CONSEQUENTIAL AMENDMENTS) ACT 1999 NO. 194, 1999 - SCHEDULE 11

Commonwealth Numbered Acts

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FEDERAL MAGISTRATES (CONSEQUENTIAL AMENDMENTS) ACT 1999 NO. 194, 1999 - SCHEDULE 11

- Amendment of the Family Law Act 1975

1 Subsection 4(1)

After "this Act" (first occurring), insert ", the standard Rules of Court and the related Federal Magistrates Rules".

2 Subsection 4(1)

Insert:

applicable Rules of Court :

(a): in relation to the Federal Magistrates Court—means the related Federal Magistrates Rules; and
(b): in relation to any other court—means the standard Rules of Court.

3 Subsection 4(1) (subparagraph (ea)(v) of the definition of matrimonial cause )

After "this Act", insert "or the applicable Rules of Court".

4 Subsection 4(1)

Insert:

related Federal Magistrates Rules means the Rules of Court made under the Federal Magistrates Act 1999 to the extent to which they relate to this Act.

5 Subsection 4(1)

Insert:

standard Rules of Court means Rules of Court made under this Act.

6 Subsection 4(1) (definition of this Act )

Omit "and Rules of Court".

7 Subsection 4(1)

Insert:

warrant issued under a provision of this Act includes a warrant issued under the standard Rules of Court or the related Federal Magistrates Rules.

8 Subsection 4(1A)

After "this Act", insert ", the standard Rules of Court and the related Federal Magistrates Rules".

9 Subsection 4(2)

After "this Act", insert ", the standard Rules of Court or the related Federal Magistrates Rules".

10 At the end of section 4

Add:

(3): To avoid doubt, for all purposes:

(a): jurisdiction under the standard Rules of Court is taken to be jurisdiction under this Act; and
(b): jurisdiction under the related Federal Magistrates Rules is taken to be jurisdiction under this Act; and
(c): proceedings under the standard Rules of Court are taken to be proceedings under this Act; and
(d): proceedings under the related Federal Magistrates Rules are taken to be proceedings under this Act; and
(e): an order (however described) made by a court under the standard Rules of Court is taken to be an order made by the court under this Act; and
(f): an order (however described) made by a court under the related Federal Magistrates Rules is taken to be an order made by the court under this Act.

11 At the end of section 13D

Add:

(4): In this section:

this Act includes:

(a): the standard Rules of Court; and
(b): the related Federal Magistrates Rules.

12 Section 14B (definition of judge )

After "includes a", insert "Federal Magistrate,".

13 After section 15

Insert:

15A Request for assistance of a family and child counsellor—Federal Magistrates Court

(1): A person who is:

(a): a party to a marriage; or
(b): a party to proceedings under this Act in the Federal Magistrates Court;

may ask a designated officer of the Federal Magistrates Court for the assistance of a family and child counsellor.

(2): If a request is made under subsection (1), a designated officer of the Federal Magistrates Court must, as far as practicable, arrange for the parties to the marriage, or the parties to the proceedings, as the case may be, to be interviewed by a family and child counsellor for any or all of the following purposes (to the extent that the purposes are relevant):

(a): assisting the parties with a view to a reconciliation;
(b): improving the parties' relationship to each other or to any of their children;
(c): assisting the parties and their children to adjust to the consequences of the breakdown of the marriage;
(d): undertaking any other family and child counselling in order to assist the parties to resolve any matter in dispute between them.

(3): For the purposes of this section, a member of the staff of the Federal Magistrates Court is taken to be an officer of the Federal Magistrates Court.
(4): For the purposes of this section, a designated officer of the Federal Magistrates Court is an officer of the Federal Magistrates Court specified in writing by the Chief Executive Officer of the Federal Magistrates Court for the purposes of this subsection.
(5): In this section:

dispute means a dispute about a matter with respect to which proceedings (other than prescribed proceedings) could be instituted under this Act.

: Note: See also section 62CA, which deals with counselling in matters relating to children.

14 Section 17

Omit "Rules of Court", substitute "applicable Rules of Court".

15 Paragraph 19A(2)

Omit "Rules of Court" (wherever occurring), substitute "standard Rules of Court".

: Note: The heading to section 19A is altered by omitting " court " and substituting " a Family Court ".

16 After section 19A

Insert:

19AAA Request for mediation—Federal Magistrates Court

(1): A person who is:

(a): the parent or adoptive parent of a child; or
(b): a child; or
(c): a party to a marriage; or
(d): a party to proceedings in the Federal Magistrates Court under this Act;

may ask a designated officer of the Federal Magistrates Court for the help of a family and child mediator in settling a dispute to which the person is a party.

(2): If a request is made under subsection (1), a designated officer of the Federal Magistrates Court must, as far as practicable, arrange for a family and child mediator to mediate the dispute.
(3): For the purposes of this section, a member of the staff of the Federal Magistrates Court is taken to be an officer of the Federal Magistrates Court.
(4): For the purposes of this section, a designated officer of the Federal Magistrates Court is an officer of the Federal Magistrates Court specified in writing by the Chief Executive Officer of the Federal Magistrates Court for the purposes of this subsection.
(5): In this section:

dispute means a dispute about a matter with respect to which proceedings (other than prescribed proceedings) could be instituted under this Act.

17 Subsection 19B(1)

Omit "Rules of Court", substitute "standard Rules of Court".

: Note: The heading to section 19B is altered by omitting " Court " and substituting " Family Court "

18 Subsection 19B(3)

Omit "Rules of Court", substitute "standard Rules of Court".

19 After section 19B

Insert:

19BAA Federal Magistrates Court may refer matters for mediation

(1): The Federal Magistrates Court may, with the consent of the parties to any proceedings before it under this Act (other than prescribed proceedings), make an order referring any or all of the matters in dispute in the proceedings for mediation by a family and child mediator.
(2): Subsection (1) has effect subject to the related Federal Magistrates Rules.
(3): If the Federal Magistrates Court makes an order under subsection (1), it may, if necessary, adjourn the proceedings and may make such additional orders as it thinks appropriate to facilitate the effective conduct of the mediation.
(4): If the Federal Magistrates Court makes an order under subsection (1), a designated officer of the Federal Magistrates Court must make arrangements for a family and child mediator to mediate the relevant disputed matter or matters in accordance with the related Federal Magistrates Rules.
(5): If:

(a): the Federal Magistrates Court or a Federal Magistrate makes an order under subsection (1) in relation to any matter in dispute in proceedings before it; and
(b): a party to the proceedings files a notice in the Federal Magistrates Court that the mediation of the matter has ended;

the Federal Magistrates Court may make such orders, or give such directions, as it thinks appropriate in relation to the proceedings.

(6): For the purposes of this section, a member of the staff of the Federal Magistrates Court is taken to be an officer of the Federal Magistrates Court.
(7): For the purposes of this section, a designated officer of the Federal Magistrates Court is an officer of the Federal Magistrates Court specified in writing by the Chief Executive Officer of the Federal Magistrates Court for the purposes of this subsection.

20 Section 19D

Omit "Rules of Court" (wherever occurring), substitute "applicable Rules of Court".

21 Subsection 19E(2)

Omit "Rules of Court", substitute "applicable Rules of Court".

22 Subsection 19J(2)

Omit "Rules of Court", substitute "standard Rules of Court".

23 Subsections 26B(5) and (6)

Omit "Rules of Court", substitute "standard Rules of Court".

24 Subsection 31(2)

Omit "Rules of Court", substitute "standard Rules of Court".

25 After section 33

Insert:

33A Proceedings not to be instituted in the Family Court if an associated matter is before the Federal Magistrates Court

(1): Proceedings must not be instituted in the Family Court in respect of a matter if:

(a): the Federal Magistrates Court has jurisdiction in that matter; and
(b): proceedings in respect of an associated matter are pending in the Federal Magistrates Court.

(2): Subsection (1) does not apply to proceedings instituted in the Family Court under Division 13A of Part VII or under Part XIIIA.
(3): If:

(a): proceedings are instituted in the Family Court in contravention of subsection (1); and
(b): the proceedings are subsequently transferred to the Federal Magistrates Court;

(1): had not been enacted.

33B Discretionary transfer of proceedings to the Federal Magistrates Court

(1): If a proceeding is pending in the Family Court, the Family Court may, by order, transfer the proceeding from the Family Court to the Federal Magistrates Court.
(2): The Family Court may transfer a proceeding under subsection (1):

(a): on the application of a party to the proceeding; or
(b): on its own initiative.

(3): The standard Rules of Court may make provision in relation to the transfer of proceedings to the Federal Magistrates Court under subsection (1).
(4): In particular, the standard Rules of Court may set out factors that are to be taken into account by the Family Court in deciding whether to transfer a proceeding to the Federal Magistrates Court under subsection (1).
(5): Before standard Rules of Court are made for the purposes of subsection (3) or (4), the Family Court must consult the Federal Magistrates Court.
(6): In deciding whether to transfer a proceeding to the Federal Magistrates Court under subsection (1), the Family Court must have regard to:

(a): any standard Rules of Court made for the purposes of subsection (4); and
(b): whether proceedings in respect of an associated matter are pending in the Federal Magistrates Court; and
(c): whether the resources of the Federal Magistrates Court are sufficient to hear and determine the proceeding; and
(d): the interests of the administration of justice.

(7): If an order is made under subsection (1), the Family Court may make such orders as it considers necessary pending the disposal of the proceeding by the Federal Magistrates Court.
(8): An appeal does not lie from a decision of the Family Court in relation to the transfer of a proceeding under subsection (1).
(9): The reference in subsection (1) to a proceeding pending in the Family Court includes a reference to a proceeding that was instituted in contravention of section 33A.
(10): This section does not apply to proceedings of a kind specified in the regulations.

33C Mandatory transfer of proceedings to the Federal Magistrates Court

(1): If a proceeding of a kind specified in regulations made for the purposes of this subsection is pending in the Family Court, the Family Court must, before going on to hear and determine the proceeding, transfer the proceeding to the Federal Magistrates Court.
(2): If a proceeding is transferred under subsection (1), the Family Court may make such orders as it considers necessary pending the disposal of the proceedings by the Federal Magistrates Court.
(3): An appeal does not lie from a decision of the Family Court in relation to the transfer of a proceeding under subsection (1).
(4): The reference in subsection (1) to a proceeding pending in the Family Court includes a reference to a proceeding that was instituted in contravention of section 33A.
(5): The Minister must cause a copy of regulations ( transfer regulations ) made for the purposes of subsection (1) to be tabled in each House of the Parliament.
(6): Either House may, following a motion upon notice, pass a resolution disallowing the transfer regulations. To be effective, the resolution must be passed within 15 sittings days of the House after the copy of the transfer regulations was tabled in the House.
(7): If neither House passes such a resolution, the transfer regulations take effect on the day immediately after the last day upon which such a resolution could have been passed.
(8): Subsections (5), (6) and (7) have effect despite anything in:

(a): the Acts Interpretation Act 1901 ; or
(b): the Legislative Instruments Act 1999 .

26 Subsection 34(2)

Omit "Rules of Court", substitute "standard Rules of Court".

27 Subsections 37(1) and (2)

Omit "Rules of Court", substitute "standard Rules of Court".

28 Subsection 37A(7)

Omit "Rules of Court", substitute "standard Rules of Court".

29 Section 37B

Omit "Rules of Court" (wherever occurring), substitute "standard Rules of Court".

30 Subsections 38(1) and (3)

Omit "Rules of Court", substitute "standard Rules of Court".

31 Subsection 38N(2)

After "this Act", insert ", by the standard Rules of Court".

32 After subsection 39(1)

Insert:

(1A): Subject to this Part, a matrimonial cause (other than proceedings of a kind referred to in subparagraph (a)(ii) or paragraph (b) of the definition of matrimonial cause in subsection 4(1)) may be instituted under this Act in the Federal Magistrates Court.

33 After subsection 39(5)

Insert:

(5A): Subject to this Part, the Federal Magistrates Court has jurisdiction with respect to matters arising under this Act in respect of which proceedings are instituted under:

(a): regulations made for the purposes of section 109, 110, 111, 111A or 111B; or
(b): regulations made for the purposes of paragraph 125(1)(f) or (g); or
(c): section 117A.

34 Paragraph 39(6)(d)

Repeal the paragraph, substitute:

(d): proceedings are instituted under:

(i): regulations made for the purposes of section 109, 110, 111, 111A or 111B; or
(ii): regulations made for the purposes of paragraph 125(1)(f) or (g); or
(iii): standard Rules of Court made for the purposes of paragraph 123(1)(r); or
(iv): Rules of Court made for the purposes of paragraph 87(1)(j) of the Federal Magistrates Act 1999 ; or

35 Subsection 40(7)

Omit "Rules of Court", substitute "standard Rules of Court".

36 After section 40

Insert:

40A Exercise of jurisdiction of Federal Magistrates Court in certain States and Territories

The jurisdiction of the Federal Magistrates Court under this Act must not be exercised in respect of a particular proceeding in a particular State or Territory if the corresponding jurisdiction of the Family Court is not capable of being exercised in the State or Territory.

37 Subsection 41(5)

After "this Act", insert "or the standard Rules of Court".

38 Subsection 42(1)

After "this Act" (second occurring), insert "and the applicable Rules of Court".

39 Subsection 44(1)

Omit "Rules of Court", substitute "applicable Rules of Court".

40 Subsection 44(1B)

Omit "Rules of Court", substitute "applicable Rules of Court".

41 At the end of subsection 45(2)

Add:

However, this subsection does not apply to particular proceedings if:

(a): the first-mentioned court is the Family Court and the other court is the Federal Magistrates Court; or
(b): the first-mentioned court is the Federal Magistrates Court and the other court is the Family Court.

: Note 1: For transfers from the Family Court to the Federal Magistrates Court, see section 33B.

42 After section 45

Insert:

45A Transfer of property proceedings from the Federal Magistrates Court—value exceeds $300,000

(1): If:

(a): proceedings are instituted in the Federal Magistrates Court in relation to property of a total value exceeding:

(i): $300,000; or
(ii): if another amount is specified in the regulations—that other amount; and

(b): the respondent, in answer to the application by which the proceedings are instituted, seeks an order different from that sought in the application;

the Federal Magistrates Court must, before going on to hear and determine the proceedings, inform the parties that, unless each of them consents to the Federal Magistrates Court hearing and determining the proceedings, the Federal Magistrates Court is required to transfer the proceedings to the Family Court.

(2): If the parties do not consent to the Federal Magistrates Court hearing and determining the proceedings, the Federal Magistrates Court must transfer the proceedings accordingly.
(3): If the parties consent to the Federal Magistrates Court hearing and determining the proceedings, a party is not entitled subsequently to object to the proceedings being heard and determined by the Federal Magistrates Court.
(4): A reference in subsection (1) to proceedings in relation to property does not include a reference to proceedings with respect to arrears of maintenance.
(5): In determining the value of any property for the purposes of subsection (1), any mortgage, lien, charge or other security over the property is to be disregarded.
(6): Before transferring proceedings under this section, the Federal Magistrates Court may make such orders as it considers necessary pending the disposal of the proceedings by the Family Court.
(7): Failure by the Federal Magistrates Court to comply with this section does not invalidate any order of the Federal Magistrates Court in the proceedings.
(8): This section does not apply to proceedings under Part XIIIA.

43 Subsection 46(1)

Before "value" (first occurring), insert "total".

44 Subsection 60D(1) (at the end of the definition of member of the Court personnel )

Add:

; or (g) a Registrar of the Federal Magistrates Court.

45 At the end of section 60F

Add:

(5): In this section:

this Act includes:

(a): the standard Rules of Court; and
(b): the related Federal Magistrates Rules.

46 At the end of section 60H

Add:

(6): In this section:

this Act includes:

(a): the standard Rules of Court; and
(b): the related Federal Magistrates Rules.

47 After section 62C

Insert:

62CA Request for counselling—request made through Federal Magistrates Court

(1): A person who is:

(a): a party to proceedings under this Part in the Federal Magistrates Court; or
(b): a person representing a child in the Federal Magistrates Court under an order made under section 68L; or
(c): the parent of a child; or
(d): a child;

may ask a designated officer of the Federal Magistrates Court for the assistance of a family and child counsellor.

(2): If a request is made under subsection (1), a designated officer of the Federal Magistrates Court must, as far as practicable, arrange for any or all of the following:

(a): the parties to the proceedings;
(b): the parents of the child;
(c): such other persons as the designated officer thinks appropriate;

to be interviewed (with or without the child) by a family and child counsellor or welfare officer to assess whether counselling is appropriate in all the circumstances, and if it is:

(d): to discuss the care, welfare and development of the child; and
(e): if there are differences between persons in relation to matters affecting the care, welfare and development of the child, to try to resolve those differences.

(3): For the purposes of this section, a member of the staff of the Federal Magistrates Court is taken to be an officer of the Federal Magistrates Court.
(4): For the purposes of this section, a designated officer of the Federal Magistrates Court is an officer of the Federal Magistrates Court specified in writing by the Chief Executive Officer of the Federal Magistrates Court for the purposes of this subsection.

: Note: The heading to section 62C is altered by omitting " court " and substituting " a Family Court ".

48 Section 62H

Omit "Rules of Court", substitute "applicable Rules of Court".

49 Paragraph 63D(3)(a)

Omit "Rules of Court", substitute "applicable Rules of Court".

50 Paragraphs 63E(2)(a) and (b)

Omit "Rules of Court", substitute "applicable Rules of Court".

51 Subsection 63E(4)

Omit "Rules of Court", substitute "applicable Rules of Court".

52 At the end of section 64B

Add:

(9): In this section:

this Act includes:

(a): the standard Rules of Court; and
(b): the related Federal Magistrates Rules.

53 Subsection 66P(3)

Omit "Rules of Court", substitute "applicable Rules of Court".

54 Subparagraph 66S(1)(a)(ii)

Omit "Rules of Court", substitute "applicable Rules of Court".

55 Subsection 67D(3)

Omit "Rules of Court", substitute "applicable Rules of Court".

56 Paragraph 67N(3)(a)

Omit "Rules of Court", substitute "applicable Rules of Court".

57 Subsections 67W(1) and (2)

Omit "Rules of Court", substitute "applicable Rules of Court".

58 Subsection 67Z(4) (definition of prescribed form )

Omit "Rules of Court", substitute "applicable Rules of Court".

59 Paragraph 68G(2)(b)

Omit "Rules of Court", substitute "applicable Rules of Court".

60 Subsection 68J(2)

Omit "Rules of Court", substitute "applicable Rules of Court".

61 Subsection 68T(3)

Omit "Rules of Court" (wherever occurring), substitute "applicable Rules of Court".

62 At the end of section 69H

Add:

(4): Jurisdiction is conferred on the Federal Magistrates Court in relation to matters arising under this Part (other than proceedings for leave under section 60G).

: Note: The heading to section 69H is altered by omitting " and Northern Territory Supreme Court " and substituting " , Northern Territory Supreme Court and Federal Magistrates Court ".

63 After section 69M

Insert:

69MA Transfer of proceedings from the Federal Magistrates Court—residence orders

(1): If:

(a): proceedings for:

(i): a residence order; or
(ii): an order under this Part discharging, varying, suspending or reviving a residence order, or a part of a residence order;

(b): the respondent, in answer to the application by which the proceedings are instituted, seeks an order different from that sought in the application;

: Note: Residence order is defined by subsection 64B(3).

(2): If the parties do not consent to the Federal Magistrates Court hearing and determining the proceedings, the Federal Magistrates Court must transfer the proceedings accordingly.
(3): If the parties consent to the Federal Magistrates Court hearing and determining the proceedings, a party is not entitled subsequently to object to the proceedings being heard and determined by the Federal Magistrates Court.
(4): Before transferring proceedings under this section, the Federal Magistrates Court may make such orders (including an order under subsection 62F(2)) as it considers necessary pending the disposal of the proceedings by the Family Court.
(5): Failure by the Federal Magistrates Court to comply with this section does not invalidate any order of the Federal Magistrates Court in the proceedings.

64 Section 70C

Omit "Rules of Court", substitute "applicable Rules of Court".

65 Section 70D

Omit "Rules of Court", substitute "applicable Rules of Court".

66 Paragraph 79(8)(a)

Omit "Rules of Court", substitute "applicable Rules of Court".

67 Paragraph 79A(1C)(a)

Omit "Rules of Court", substitute "applicable Rules of Court".

68 Paragraph 80(1)(l)

After "this Act", insert "and the applicable Rules of Court".

69 Subsection 80(3)

Omit "Rules of Court", substitute "applicable Rules of Court".

70 Paragraph 83(1)(b)

Omit "Rules of Court", substitute "applicable Rules of Court".

71 Subsection 86(1)

Omit "Rules of Court", substitute "applicable Rules of Court".

72 Subsection 87(7)

Omit "Rules of Court", substitute "applicable Rules of Court".

73 After paragraph 93A(1)(a)

Insert:

(aa): appeals referred to in subsection 94AAA(1) are instituted; or

74 Subsection 94(1)

Omit "section 94AA", substitute "sections 94AAA and 94AA".

75 Subsection 94(1A)

Omit "Rules of Court" (wherever occurring), substitute "standard Rules of Court".

76 After section 94

Insert:

94AAA Appeals to Family Court from the Federal Magistrates Court

(1): An appeal lies to the Family Court from:

(a): a decree of the Federal Magistrates Court exercising original jurisdiction under this Act; or
(b): a decree or decision of a Federal Magistrate exercising original jurisdiction under this Act rejecting an application that he or she disqualify himself or herself from further hearing a matter.

(2): Subsection (1) has effect subject to section 94AA.
(3): The jurisdiction of the Family Court in relation to an appeal under subsection (1) is to be exercised by a Full Court unless the Chief Judge considers that it is appropriate for the jurisdiction of the Family Court in relation to the appeal to be exercised by a single Judge.
(4): Subsection (3) has effect subject to subsections (8) and (10).
(5): An appeal under subsection (1) is to be instituted within:

(a): the time prescribed by the standard Rules of Court; or
(b): such further time as is allowed in accordance with the standard Rules of Court.

(6): On an appeal under subsection (1), the Family Court may affirm, reverse or vary the decree or decision the subject of the appeal and may make such decree or decision as, in the opinion of the court, ought to have been made in the first instance, or may, if it considers appropriate, order a re-hearing on such terms and conditions, if any, as it considers appropriate.
(7): If, in dismissing an appeal under subsection (1), the Family Court is of the opinion that the appeal does not raise any question of general principle, it may, in accordance with the standard Rules of Court, give reasons for its decision in short form.
(8): A single Judge or a Full Court may:

(a): join or remove a party to an appeal under subsection (1); or
(b): make an order by consent disposing of an appeal under subsection (1) (including an order for costs); or
(c): give directions about the conduct of an appeal under subsection (1), including directions about:

(i): the use of written submissions; and
(ii): limiting the time for oral argument.

(9): The standard Rules of Court may make provision enabling matters of the kind mentioned in subsection (8) to be dealt with, subject to conditions prescribed by the standard Rules of Court, without an oral hearing.
(10): Applications:

(a): for an extension of time within which to institute an appeal under subsection (1); or
(b): for leave to amend the grounds of an appeal under subsection (1); or
(c): to reinstate an appeal under subsection (1) that, because of the standard Rules of Court, was taken to have been abandoned; or
(d): to stay an order of the Family Court made in connection with an appeal under subsection (1);

may be heard and determined by a single Judge or by a Full Court.

(11): The standard Rules of Court may make provision enabling applications of a kind mentioned in subsection (10) to be dealt with, subject to conditions prescribed by the standard Rules of Court, without an oral hearing.
(12): An appeal does not lie to a Full Court from a decision of a single Judge exercising jurisdiction under this section.
(13): The single Judge referred to in subsection (3), (8) or (10) need not be a member of the Appeal Division.

: Note: The heading to section 94 is altered by adding at the end " from courts other than the Federal Magistrates Court ".

77 Subsection 94AA(1)

Before ", except", insert "of a court other than the Federal Magistrates Court".

78 Subsection 94AA(2)

Repeal the subsection, substitute:

(2): An application for leave under subsection (1) is to be determined by a Full Court of the Family Court.
(2A): An appeal does not lie to the Family Court from a prescribed decision of the Federal Magistrates Court, except by leave of the Family Court.
(2B): An application for leave under subsection (2A) is to be determined by a single Judge or by a Full Court.
(2C): The single Judge referred to in subsection (2B) need not be a member of the Appeal Division.

79 Subsection 94AA(3)

Omit "Rules of Court", substitute "standard Rules of Court".

80 At the end of section 94A

Add:

(3): If, in proceedings in the Federal Magistrates Court, being proceedings in which a decree or decision to which subsection 94AAA(1) applies could be made, a question of law arises which:

(a): the Federal Magistrate; and
(b): at least one of the parties;

wish to have determined by a Full Court of the Family Court before the proceedings are further dealt with:

(c): the Federal Magistrate must state the facts and question in the form of a special case for the opinion of a Full Court of the Family Court; and
(d): a Full Court of the Family Court must hear and determine the question.

(4): The Full Court may draw from the facts and the documents any inference, whether of fact or of law, which could have been drawn from them by the Federal Magistrate.

81 Subsection 96(1A)

Omit "Rules of Court" (wherever occurring), substitute "standard Rules of Court".

82 Subsection 97(1)

Omit "Rules of Court", substitute "applicable Rules of Court".

83 Subsection 97(1)

After "Family Court," insert "in the Federal Magistrates Court,".

84 Subsection 97(1A)

Omit "Rules of Court", substitute "applicable Rules of Court".

85 Subsection 97(1A)

After "Judge", insert ", Federal Magistrate".

86 Section 98

Omit "Rules of Court", substitute "standard Rules of Court".

87 At the end of section 98

Add:

(2): This section does not apply to proceedings in the Federal Magistrates Court.

: Note: For provisions relating to the Federal Magistrates Court, see the Federal Magistrates Act 1999 .

88 Subsections 98A(1) and (2)

Omit "Rules of Court", substitute "applicable Rules of Court".

89 Section 102B

Omit "Rules of Court", substitute "applicable Rules of Court".

90 Subsection 105(1)

Omit "Rules of Court", substitute "applicable Rules of Court".

91 At the end of subsection 105(1)

Add:

: Note: For example, the Federal Magistrates Court can enforce decrees made by the Family Court of Australia.

92 Before section 110

Insert:

109B Rules of Court relating to enforcement—Federal Magistrates Court

(1): Section 109A applies to the making of Rules of Court under section 81 of the Federal Magistrates Act 1999 in a corresponding way to the way in which it applies to the making of Rules of Court under section 123 of this Act.
(2): For the purposes of the application of section 109A in accordance with subsection (1):

(a): the reference in subsection 109A(1) to the court is to be read as a reference to the Federal Magistrates Court; and
(b): each reference in subsection 109A(2) to a court is to be read as a reference to the Federal Magistrates Court; and
(c): each reference in subsection 109A(2) to a Registrar is to be read as a reference to a Registrar of the Federal Magistrates Court.

(3): Section 109A has no effect in relation to the Federal Magistrates Court except as provided by subsections (1) and (2) of this section.

93 Subsection 112AP(3)

Omit "Rules of Court", substitute "applicable Rules of Court".

94 At the end of section 115

Add:

(11): For the purposes of this section, a Federal Magistrate is taken to be a judge.

95 Subsection 116C(1)

Omit "Rules of Court", substitute "applicable Rules of Court".

96 Subsection 117(2)

Omit "Rules of Court", substitute "applicable Rules of Court".

97 Subsection 117B(1)

Omit "Rules of Court", substitute "applicable Rules of Court".

98 Paragraph 117B(2)(a)

Omit "Rules of Court", substitute "applicable Rules of Court".

99 Subsection 117C(1)

Omit "Rules of Court", substitute "applicable Rules of Court".

100 Subsection 121(2)

Omit "Rules of Court", substitute "applicable Rules of Court".

101 Subsection 121(10)

Omit "Rules of Court", substitute "Applicable Rules of Court".

102 Paragraph 121(11)(a)

Omit "Rules of Court", substitute "applicable Rules of Court".

103 Paragraph 123(1)(u)

Omit "Rules of Court", substitute "standard Rules of Court".

104 After subsection 123(1)

Insert:

(1A): A reference in subsection (1) to a court exercising jurisdiction under this Act does not include a reference to the Federal Magistrates Court.

105 At the end of subsection 123(2)

Add "made under this section".

106 Subsection 124(2)

Omit "Rules of Court", substitute "standard Rules of Court".

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