FEDERAL MAGISTRATES (CONSEQUENTIAL AMENDMENTS) ACT 1999 NO. 194, 1999 - SCHEDULE 12 - Amendment of the Federal Court of Australia Act 1976

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FEDERAL MAGISTRATES (CONSEQUENTIAL AMENDMENTS) ACT 1999 NO. 194, 1999 - SCHEDULE 12

- Amendment of the Federal Court of Australia Act 1976

1 At the end of subsection 24(1)

Add:

; and (d) appeals from judgments of the Federal Magistrates Court exercising original jurisdiction under a law of the Commonwealth other than:

(i): the Family Law Act 1975 ; or
(ii): the Child Support (Assessment) Act 1989 ; or
(iii): the Child Support (Registration and Collection) Act 1988 ; or
(iv): regulations under an Act referred to in subparagraph (i), (ii) or (iii).

2 After subsection 24(1)

Insert:

(1AAA): An appeal may not be brought to the Court from a judgment of the Court constituted by a single Judge exercising the appellate jurisdiction of the Court in relation to an appeal from the Federal Magistrates Court.

3 After subsection 25(1)

Insert:

(1A): The appellate jurisdiction of the Court in relation to an appeal from a judgment of the Federal Magistrates Court is to be exercised by a Full Court unless the Chief Justice considers that it is appropriate for the appellate jurisdiction of the Court in relation to the appeal to be exercised by a single Judge.
(1B): Subsection (1A) has effect subject to subsections (2) and (2B).

4 Paragraph 29(1)(a)

After "not being", insert "the Federal Magistrates Court or".

5 After section 32

Insert:

32AA Proceedings not to be instituted in the Court if an associated matter is before the Federal Magistrates Court

(1): Proceedings must not be instituted in the 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): If:

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

(1): had not been enacted.

32AB Discretionary transfer of proceedings to the Federal Magistrates Court

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

(a): any 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 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 Court in relation to the transfer of a proceeding under subsection (1).
(9): The reference in subsection (1) to a proceeding pending in the Court includes a reference to a proceeding that was instituted in contravention of section 32AA.
(10): This section does not apply to proceedings of a kind specified in the regulations.

6 At the end of subsection 33(2)

Add:

However, this subsection does not apply to a judgment of the Court constituted by a single Judge exercising the appellate jurisdiction of the Court in relation to an appeal from a judgment of the Federal Magistrates Court.

7 After subsection 33(3)

Insert:

(4): An appeal must not be brought from a judgment of the Court constituted by a single Judge exercising the appellate jurisdiction of the Court in relation to an appeal from a judgment of the Federal Magistrates Court unless the High Court gives special leave to appeal.

8 Subsection 58(1) (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 6 months.

9 Subsection 58(2) (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 6 months.

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