Commonwealth Numbered Regulations Commonwealth Numbered RegulationsNote: See subsection 14(3).
5 Clause 1 of Schedule 6
Omit "Federal Circuit Court", substitute "Federal Circuit and Family Court of Australia (Division 2)".
6 Clause 1 of Schedule 6 (table, heading to column headed "Federal Court Judge or Federal Circuit Court Judge")
Repeal the heading, substitute:
Judge of the Federal Court or Federal Circuit and Family Court of Australia (Division 2) |
7 Clause 1 of Schedule 6 (table item 3, column headed "Federal Court Judge or Federal Circuit Court Judge")
Omit "Federal Circuit Court", substitute "Federal Circuit and Family Court of Australia (Division 2)".
8 Clause 2 of Schedule 6
Omit "Federal Circuit Court", substitute "Federal Circuit and Family Court of Australia (Division 2)".
9 Clause 2 of Schedule 6 (table, heading to column headed "Federal Court Judge or Federal Circuit Court Judge")
Repeal the heading, substitute:
| Judge of the Federal Court or Federal Circuit and Family Court of Australia (Division 2) |
10 Clause 2 of Schedule 6 (table item 3, column headed "Federal Court Judge or Federal Circuit Court Judge")
Omit "Federal Circuit Court", substitute "Federal Circuit and Family Court of Australia (Division 2)".
Automotive Transformation Scheme Regulations 2010
11 Subparagraph 5.4(1)(a)(i)
Omit "Federal Circuit Court of Australia", substitute "Federal Circuit and Family Court of Australia (Division 2)".
12 Subparagraph 5.04(c)(iii)
Omit ", the Federal Magistrates Court or the Federal Circuit Court of Australia", substitute "or the Federal Circuit and Family Court of Australia (Division 2)".
13 Regulation 4 (heading)
Repeal the heading, substitute:
4 Power of magistrate or eligible Judge to send for witnesses and documents
14 Subregulation 4(1)
Omit "eligible Federal Circuit Court Judge", substitute "eligible Judge".
15 Regulation 5
Omit "eligible Federal Circuit Court Judge", substitute "eligible Judge".
16 Subregulations 6(1), (2) and (4), 7(1), 8(1) and 9(1)
Omit "eligible Federal Circuit Court Judge", substitute "eligible Judge".
17 Regulation 10 (heading)
Repeal the heading, substitute:
10 Offences in relation to magistrates or eligible Judges
18 Regulation 10
Omit "eligible Federal Circuit Court Judge", substitute "eligible Judge".
19 Subregulations 11(2), (3) and (4)
Omit "eligible Federal Circuit Court Judge", substitute "eligible Judge".
20 Subregulation 12(1)
Omit "eligible Federal Circuit Court Judge" (wherever occurring), substitute "eligible Judge".
21 Subregulation 13(1)
Omit "eligible Federal Circuit Court Judge", substitute "eligible Judge".
22 Regulations 14 and 15
Omit "eligible Federal Circuit Court Judge", substitute "eligible Judge".
23 Schedule (Forms 1, 2, 4, 5, 6, 7, 8, 8A, 8B, 9, 9A, 10, 11, 12, 12A, 13A, 16, 17, 18, 19, 20, 20A, 20B, 21 and 22)
Omit "eligible Federal Circuit Court Judge" (wherever occurring), substitute "eligible Judge".
24 Schedule (Form 22A)
Omit "Federal Circuit Court Judge" (wherever occurring), substitute "eligible judge".
25 Schedule (Forms 26, 27, 28 and 29)
Omit "eligible Federal Circuit Court Judge" (wherever occurring), substitute "eligible Judge".
Fair Work (Registered Organisations) Regulations 2009
26 Subregulation 176F(2)
Omit " Federal Circuit Court Rules 2001 ", substitute " Federal Circuit Court Rules 2001 , as in force on 2 May 2017".
27 Subregulation 4.01A(2) (table)
Omit "Federal Circuit Court" (wherever occurring), substitute "Federal Circuit and Family Court of Australia (Division 2)".
28 Subparagraph 4.01(1)(a)(ii)
Omit "Federal Circuit Court", substitute "Federal Circuit and Family Court of Australia (Division 2)".
29 Subregulation 4.01(2)
Omit "Federal Circuit Court", substitute "Federal Circuit and Family Court of Australia (Division 2)".
30 Subregulation 4.01(3)
Omit "Federal Circuit Court" (wherever occurring), substitute "Federal Circuit and Family Court of Australia (Division 2)".
Fair Work (Transitional Provisions and Consequential Amendments) Regulations 2009
31 Subregulation 5.06(1)
Omit "subregulation (3)", substitute "subregulation (2)".
32 Subregulation 5.06(2) (table)
Omit "Federal Circuit Court" (wherever occurring), substitute "Federal Circuit and Family Court of Australia (Division 2)".
33 Regulation 5.13
Omit "Federal Circuit Court" (wherever occurring), substitute "Federal Circuit and Family Court of Australia (Division 2)".
Family Law (Child Abduction Convention) Regulations 1986
34 After regulation 1
Insert:
These Regulations are made under the Family Law Act 1975 .
35 Regulation 2 (heading)
Repeal the heading, substitute:
Note: A number of expressions used in these Regulations are defined in the Act, including the following:
(a) applicable Rules of Court;
(b) court.
36 Subregulation 2(1)
Omit "unless the contrary intention appears".
37 Subregulation 2(1)
Insert:
"Act " means the Family Law Act 1975 .
38 Subregulation 2(1)
Repeal the following definitions:
(a) definition of court ;
(b) definition of Registrar .
39 Subregulation 2(1)
Insert:
"relevant Registrar " of a court means:
(a) in relation to the Federal Circuit and Family Court of Australia (Division 1)--the following:
(i) the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Circuit and Family Court of Australia Act 2021 );
(ii) a Senior Registrar or Registrar of that court; or
(b) in relation to the Federal Circuit and Family Court of Australia (Division 2)--the following:
(i) the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Circuit and Family Court of Australia Act 2021 );
(ii) a Senior Registrar or Registrar of that court; or
(c) in relation to any other court--the principal officer of the court or any other appropriate officer or staff member of the court.
40 Subregulation 2(1) (definition of the Act )
Repeal the definition (including the note).
41 Paragraphs 15(4)(a) and (b)
Omit "Registrar", substitute "relevant Registrar".
42 Paragraph 28(2)(b)
Omit "Registrar", substitute "relevant Registrar".
43 Subregulation 28(2A)
Omit "Registrar" (wherever occurring), substitute "relevant Registrar".
44 Schedule 3 (Forms 2, 2C and 4)
Omit "Registrar", substitute "relevant Registrar".
Family Law (Child Protection Convention) Regulations 2003
45 After regulation 1
Insert:
These Regulations are made under the Family Law Act 1975 .
46 Subregulation 3(1)
Insert:
"relevant Registrar " of a court means:
(a) in relation to the Federal Circuit and Family Court of Australia (Division 1)--the following:
(i) the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Circuit and Family Court of Australia Act 2021 );
(ii) a Senior Registrar or Registrar of that court; or
(b) in relation to the Federal Circuit and Family Court of Australia (Division 2)--the following:
(i) the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Circuit and Family Court of Australia Act 2021 );
(ii) a Senior Registrar or Registrar of that court; or
(c) in relation to any other court--the principal officer of the court or any other appropriate officer or staff member of the court.
47 Subregulation 3(2) (note 2)
Omit "Registrar (in relation to a court)".
48 Paragraph 11(b)
Omit "Registrar of the Family Court of Australia", substitute "relevant Registrar of the Federal Circuit and Family Court of Australia".
49 Subregulation 13(2)
Omit "Family Court", substitute "Federal Circuit and Family Court of Australia".
Family Law (Family Dispute Resolution Practitioners) Regulations 2008
50 Regulation 2
Repeal the regulation, substitute:
These Regulations are made under the Family Law Act 1975 .
51 Subparagraph 26(4)(b)(ii)
Repeal the subparagraph, substitute:
(ii) the certificate may be taken into account by a court as specified in subregulation (4A).
52 After subregulation 26(4)
Insert:
(4A) For the purposes of subparagraph (4)(b)(ii), the certificate may be taken into account by a court:
(a) when determining whether to make an order under section 13C of the Act referring the parties to attend family dispute resolution; or
(b) in relation to the Federal Circuit and Family Court of Australia (Division 1)--in taking into account the powers of the Court under Division 4 of Part 6 of Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021 (dealing with case management) to award costs against a party under section 117 of the Act; or
(c) in relation to the Federal Circuit and Family Court of Australia (Division 2)--in taking into account the powers of the Court under Division 4 of Part 6 of Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021 (dealing with case management) to award costs against a party under section 117 of the Act; or
(d) in relation to any other court--when determining whether to award costs against a party under section 117 of the Act.
53 Paragraph 28(1)(h)
Repeal the paragraph, substitute:
(h) if a certificate under subsection 60I(8) of the Act is filed, a court may take the certificate into account as specified in subregulation (1A);
54 After subregulation 28(1)
Insert:
(1A) For the purposes of paragraph (1)(h), a court may take the certificate into account:
(a) when determining whether to make an order under section 13C of the Act referring the parties to family dispute resolution; or
(b) in relation to the Federal Circuit and Family Court of Australia (Division 1)--in taking into account the powers of the Court under Division 4 of Part 6 of Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021 (dealing with case management) to award costs against a party under section 117 of the Act; or
(c) in relation to the Federal Circuit and Family Court of Australia (Division 2)--in taking into account the powers of the Court under Division 4 of Part 6 of Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021 (dealing with case management) to award costs against a party under section 117 of the Act; or
(d) in relation to any other court--when determining whether to award costs against a party under section 117 of the Act.
Family Law (Hague Convention on Intercountry Adoption) Regulations 1998
55 Regulation 2
Repeal the regulation, substitute:
These Regulations are made under the Family Law Act 1975 .
56 Regulation 3 (heading)
Repeal the heading, substitute:
Note: A number of expressions used in these Regulations are defined in the Act, including the following:
(a) court;
(b) Territory.
57 Subregulation 3(1)
Omit "unless the contrary intention appears".
58 Subregulation 3(1) (note)
Repeal the note.
59 Regulation 24A (heading)
Repeal the heading, substitute:
24A Jurisdiction of Federal Circuit and Family Court of Australia (Division 2)
60 Subregulation 24A(1)
Omit "Family Court of Australia", substitute "Federal Circuit and Family Court of Australia (Division 2)".
61 Subregulation 24A(2)
Omit "Family Court", substitute "Federal Circuit and Family Court of Australia (Division 2)".
62 Paragraph 24A(3)(a)
Omit "Family Court", substitute "Federal Circuit and Family Court of Australia (Division 2)".
63 Regulations 24B to 24F
Repeal the regulations, substitute:
24B Appeals to the Federal Circuit and Family Court of Australia (Division 1)
(1) An appeal may be made to the Federal Circuit and Family Court of Australia (Division 1) from:
(a) a decision of a single judge of the Federal Circuit and Family Court of Australia (Division 1) exercising original jurisdiction; or
(b) a decision of a single judge of the Federal Circuit and Family Court of Australia (Division 1) exercising appellate jurisdiction; or
(c) a decision of the Federal Circuit and Family Court of Australia (Division 2) exercising jurisdiction under subregulation 24A(1).
(2) The appellate jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) is to be exercised:
(a) if the appeal is from a decision of a single judge of the Federal Circuit and Family Court of Australia (Division 1)--by a Full Court of the Federal Circuit and Family Court of Australia (Division 1); or
(b) if the appeal is from a decision of the Federal Circuit and Family Court of Australia (Division 2)--by a single Judge of the Federal Circuit and Family Court of Australia (Division 1) unless the Chief Justice directs that the application be heard and determined by a Full Court.
64 After regulation 1
Insert:
These Regulations are made under the Family Law Act 1975 .
65 Regulation 3 (heading)
Repeal the heading (including the note), substitute:
Note: A number of expressions used in these Regulations are defined in the Act, including the following:
(a) applicable Rules of Court;
(b) Chief Executive Officer;
(c) Federal Circuit and Family Court of Australia;
(d) standard Rules of Court.
66 Subregulation 3(1)
Omit "(1) In these Regulations, unless the contrary intention appears:", substitute "In these Regulations:".
67 Subregulation 3(1) (definition of registrar )
Repeal the definition.
68 Subregulation 3(1)
Insert:
"relevant Registrar " of a court means:
(a) in relation to the Federal Circuit and Family Court of Australia (Division 1)--the following:
(i) the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Circuit and Family Court of Australia Act 2021 );
(ii) a Senior Registrar or Registrar of that court; or
(b) in relation to the Federal Circuit and Family Court of Australia (Division 2)--the following:
(i) the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Circuit and Family Court of Australia Act 2021 );
(ii) a Senior Registrar or Registrar of that court; or
(c) in relation to any other court--the principal officer of the court or any other appropriate officer or staff member of the court.
69 Subregulation 3(1) (definition of State Family Court )
Repeal the definition.
70 Subregulation 3(2)
Repeal the subregulation.
71 Regulation 3A
Repeal the regulation.
72 Subregulation 4(2)
Repeal the subregulation.
73 Regulation 7
Repeal the regulation, substitute:
7 Appointment of family consultants
For the purposes of paragraph 11B(c) of the Act, a family consultant may be appointed in writing by the Chief Executive Officer.
74 Regulations 10 and 12AB
Repeal the regulations.
75 Regulation 15A
Repeal the regulation.
76 Paragraphs 21N(2)(b) to (d)
Repeal the paragraphs, substitute:
(b) the Chief Executive Officer; and
(c) the relevant Registrar of the Family Court of Western Australia.
77 Subregulation 23(1A)
Repeal the subregulation, substitute:
(1A) The Secretary must send the documents mentioned in paragraph (1)(a) to a relevant Registrar.
78 Subregulation 28(2) (note)
Omit "subregulation 3(1)", substitute " regulation 3".
79 Subregulation 28C(2) (note)
Omit "subregulation 3(1)", substitute " regulation 3".
80 Subregulation 38A(3) (note)
Omit "subregulation 3(1)", substitute " regulation 3".
81 Regulation 39BB (heading)
Repeal the heading, substitute:
39BB Certain jurisdiction of Federal Circuit and Family Court of Australia (Division 2) must not be exercised in States and Territories
82 Subregulation 39BB(1)
Omit "from 21 April 2012 the jurisdiction of the Family Court must not be exercised in relation to proceedings under paragraph 31(1)(c) of the Act", substitute "from 1 September 2021 the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in relation to proceedings referred to in paragraph 132(1)(c) of the Federal Circuit and Family Court of Australia Act 2021 ".
83 Subregulations 39BB(2) and (3)
Repeal the subregulations, substitute:
(2) For the purposes of subsection 40(1) of the Act, from 1 September 2021, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) must not be exercised in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands in relation to the following:
(a) matters arising under the Act or under the repealed Act in respect of which matrimonial causes are instituted or continued under the Act;
(b) matters arising under the Act in respect of which de facto financial causes are instituted under the Act;
(c) matters arising under the Marriage Act 1961 in respect of which proceedings (other than proceedings under Part VII of that Act) are instituted or continued under that Act;
(d) matters (other than matters referred to in any of the preceding paragraphs) with respect to which proceedings may be instituted in the Federal Circuit and Family Court of Australia (Division 2) under the Act or any other Act;
(e) proceedings under the following provisions of the Act:
(i) subsection 39(5);
(ii) paragraph 39B(1)(a).
84 Regulation 45 (note)
Omit "subregulation 3(1)", substitute " regulation 3".
85 Regulations 79 and 82
Repeal the regulations.
Federal Proceedings (Costs) Regulations 2018
86 Section 6 (table item 3)
Repeal the item, substitute:
| 3 | Federal Circuit and Family Court of Australia | $4,000 |
Financial Framework (Supplementary Powers) Regulations 1997
87 Part 2 of Schedule 1AB (table item 11, column headed "Purpose")
Omit "Family Court of Australia and the Federal Circuit Court of Australia", substitute "Federal Circuit and Family Court of Australia (Division 1) and the Federal Circuit and Family Court of Australia (Division 2)".
Legislation (Exemptions and Other Matters) Regulation 2015
88 Section 12 (table item 28, column headed "Legislative instrument", after paragraph (d))
Insert:
(da) subsection 47A(5);
89 Section 12 (table item 28, column headed "Legislative instrument", paragraph (h))
Omit "69ZF(1);", substitute "69ZF(1)".
90 Section 12 (table item 28, column headed "Legislative instrument", paragraph (i))
Repeal the paragraph.
Mutual Assistance in Criminal Matters Regulations 1988
91 Regulation 3 (heading)
Repeal the heading, substitute:
3 Power of Magistrate or eligible Judge to send for witnesses and documents
92 Subregulations 3(1), (3) and (4)
Omit "eligible Federal Circuit Court Judge" (wherever occurring), substitute "eligible Judge".
93 Regulation 4
Omit "eligible Federal Circuit Court Judge", substitute "eligible Judge".
94 Subregulations 5(1), (2) and (4)
Omit "eligible Federal Circuit Court Judge" (wherever occurring), substitute "eligible Judge".
95 Subregulations 6(1), 7(1) and 8(1)
Omit "eligible Federal Circuit Court Judge", substitute "eligible Judge".
96 Regulation 9 (heading)
Repeal the heading, substitute:
9 Offences in relation to Magistrates or eligible Judges
97 Regulation 9
Omit "eligible Federal Circuit Court Judge", substitute "eligible Judge".
98 Subregulations 10(2), (3) and (4)
Omit "eligible Federal Circuit Court Judge", substitute "eligible Judge".
99 Subregulation 11(1)
Omit "eligible Federal Circuit Court Judge" (wherever occurring), substitute "eligible Judge".
100 Schedule 1 (Form 1)
Omit "eligible Federal Circuit Court Judge", substitute "eligible Judge".
101 Schedule 1 (Form 2)
Omit "eligible Federal Circuit Court Judge" (wherever occurring), substitute "eligible Judge".
National Consumer Credit Protection Regulations 2010
102 Paragraph 36(5)(c)
Omit "Federal Circuit Court", substitute "Federal Circuit and Family Court of Australia (Division 2)".
Superannuation (CSS) Eligible Employees Regulations 1976
103 Paragraph 4(1)(zr)
Repeal the paragraph, substitute:
(zr) a person who is a Judge of the Federal Circuit and Family Court of Australia (Division 2);
Superannuation Industry (Supervision) Regulations 1994
104 Part 3 of Schedule 1AA
Omit " Federal Magistrates Act 1999 ", substitute " Federal Circuit and Family Court of Australia Act 2021 ".
Trans-Tasman Proceedings Regulation 2012
105 Paragraph 8(a)
Repeal the paragraph, substitute:
(a) Federal Circuit and Family Court of Australia (Division 2);
Part 2 -- Amendments of listed provisions
Family Law (Child Protection Convention) Regulations 2003
106 Amendments of listed provisions-- Family Law (Child Protection Convention) Regulations 2003
|
Further amendments | |||
| Provision | Omit | Substitute | |
| 1 | Subregulation 10(1) | Registrar | relevant Registrar |
| 2 |
Subregulation 12(1) | Registrar | relevant Registrar |
| 3 |
Paragraph 12(2)(b) | Registrar | relevant Registrar |
| 4 |
Subregulation 13(2) | Registrar | relevant Registrar |
| 5 |
Paragraph 13(3)(b) | Registrar | relevant Registrar |
| 6 |
Subregulation 14(2) | Registrar | relevant Registrar |
| 7 |
Regulation 17 | Registrar | relevant Registrar |
| 8 |
Regulation 19 (heading) | Registrar | relevant Registrar |
| 9 |
Subregulations 19(1) and (3) | Registrar | relevant Registrar |
|
10 | Paragraph 24(b) | Registrar | relevant Registrar |
| 11 |
Subregulation 25(1) | Registrar | relevant Registrar |
| 12 |
Paragraph 25(2)(b) | Registrar | relevant Registrar |
| 13 |
Regulation 28 | Registrar | relevant Registrar |
107 Amendments of listed provisions-- Family Law Regulations 1984
| Further amendments | |||
Provision | Omit | Substitute | |
| 1 | Subregulation 3(1) (definition of application ) | registrar | relevant Registrar |
| 2 |
Regulation 6 (heading) | registrar | relevant Registrar |
| 3 |
Paragraph 6(1)(a) | registrar (wherever occurring) | relevant Registrar |
| 4 | Subregulation 12CC(1) | registrar (wherever occurring) | relevant Registrar |
| 5 | Subregulation 12CC(2) |
registrar | relevant Registrar |
| 6 | Subregulation 18(4) |
registrar | relevant Registrar |
| 7 | Paragraph 18(4)(c) |
registrar | relevant Registrar |
| 8 | Subregulation 18(5) |
registrar (wherever occurring) | relevant Registrar |
| 9 |
Subregulation 18(7) | registrar | relevant Registrar |
| 10 |
Paragraph 18(7)(a) | registrar | relevant Registrar |
| 11 |
Subregulation 18(9) | registrar (wherever occurring) | relevant Registrar |
| 12 | Paragraph 18(10)(b) | registrar | relevant Registrar |
| 13 | Subregulation 18(10) | registrar | relevant Registrar |
| 14 | Regulation 21AC (definition of forwarding authority ) | Registrar | relevant Registrar |
| 15 |
Subregulation 21AF(1) | Registrar | relevant Registrar |
| 16 |
Subregulation 21AF(1) | Registrar's | relevant Registrar's |
| 17 | Paragraph 21AF(3)(b) | Registrar (wherever occurring) | relevant Registrar |
| 18 | Paragraph 21AF(3)(c) | Registrar | relevant Registrar |
| 19 | Subregulations 21AG(1) and (3) | Registrar |
relevant Registrar |
| 20 | Subregulations 21AH(1) and (3) |
Registrar | relevant Registrar |
| 21 | Paragraph 21AH(5)(b) |
Registrar | relevant Registrar |
| 22 | Subregulation 21AI(1) |
Registrar | relevant Registrar |
| 23 | Paragraphs 21AI(2)(a) and (b) |
Registrar | relevant Registrar |
| 24 | Paragraph 21AR(1)(b) |
Registrar | relevant Registrar |
| 25 | Subregulation 21AR(2) |
Registrar | relevant Registrar |
| 26 | Paragraph 21AS(1)(b) |
Registrar | relevant Registrar |
| 27 | Paragraph 23(1A)(c) |
Registrar | relevant Registrar |
| 28 | Subregulation 23(2) |
registrar (wherever occurring) | relevant Registrar |
| 29 |
Subregulation 23(3) | registrar | relevant Registrar |
| 30 |
Subregulation 23(7) | registrar | relevant Registrar |
| 31 |
Subregulation 24(2) | registrar (wherever occurring) | relevant Registrar |
| 32 | Paragraphs 24(4)(b) and (c) | registrar | relevant Registrar |
| 33 | Subregulation 24(6) | registrar | relevant Registrar |
| 34 | Subregulation 29A(2) | registrar | relevant Registrar |
| 35 | Paragraph 29A(2)(d) | registrar | relevant Registrar |
| 36 | Subregulation 31(2) | registrar | relevant Registrar |
| 37 | Subregulation 32(1) | registrar | relevant Registrar |
| 38 | Subregulation 32(3) | registrar (wherever occurring) | relevant Registrar |
| 39 | Subregulation 34(1) |
registrar | relevant Registrar |
| 40 | Subregulation 34(3) |
registrar (wherever occurring) | relevant Registrar |
| 41 |
Subregulation 38A(4) | registrar | relevant Registrar |
| 42 |
Subregulation 38B(2) | registrar | relevant Registrar |