Commonwealth Numbered Regulations - Explanatory Statements

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FEDERAL COURT OF AUSTRALIA AMENDMENT REGULATIONS 2000 (NO. 3) 2000 NO. 45

STATUTORY RULES 2000 No. 45

Issued by the Authority of the Attorney-General

Federal Court of Australia Act 1976

Federal Court of Australia Amendment Regulations 2000 (No. 3)

Subsection 60(1) of the Federal Court of Australia Act 1976 (the Act) provides that the GovernorGeneral may make regulations prescribing matters required or permitted by that Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Paragraph 18A(4)(b) of the Act provides that the Chief Justice of the Federal Court of Australia shall not enter into a contract exceeding $250,000, or such higher amount as is prescribed, without the approval of the Attorney-General.

The purpose of the Regulations is to increase to $1,000,000 the amount above which ministerial approval must be sought before contracts may be entered into by the Chief Justice of the Court.

The current contract limit of $250,000 has applied for the past 10 years. During this period, there has been a significant change in money values and the Court has had considerable experience in managing its own affairs.

Details of the Regulations are as follows:

Regulation 1 formally names the Regulations.

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 provides that the Federal Court of Australia Regulations 1978 are amended as set out in Schedule 1 to the Regulations.

Item 1 of Schedule 1 to the Regulations inserts into the Federal Court of Australia Regulations 1978 new regulation 4, which prescribes a higher amount of $1,000,000 for the purposes of paragraph 18A(4)(b) of the Act.