EXPLANATORY STATEMENT

 

 

Select Legislative Instrument 2006 No. 234

 

 

Issued by the Authority of the Attorney-General

 

 

Federal Magistrates Act 1999

Federal Magistrates Amendment Regulations 2006 (No. 3)

 

Federal Court of Australia Act 1976

Federal Court of Australia Amendment Regulations 2006 (No. 2)

 

The Federal Magistrates Act 1999 and the Federal Court of Australia Act 1976 (the Federal Court Act) establish the Federal Magistrates Court (the FMC) and the Federal Court of Australia respectively as federal courts under Chapter III of the Constitution.

 

Subsection 120(1) of the Federal Magistrates Act and subsection 60(1) of the Federal Court Act provide that the Governor‑General may make regulations prescribing matters required or permitted by those Acts to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to those Acts.

 

The Regulations, with effect from 1 October 2006, increase by 15% the FMC general federal law fees, the divorce fee in the FMC and all Federal Court fees. In the 2006-07 Budget, the Government announced additional funding to appoint additional magistrates to deal with increases in the general federal and family law jurisdiction and workload of the FMC. The new appointments will also ensure that the FMC can deal with matters expeditiously, fulfilling its role as a court for the quicker disposition of less complex matters. These fee increases offset the cost of the additional magistrates. The increases in the Federal Court fees enable additional resources to be provided to handle general federal law matters and ensure that the necessary differentiation between FMC fees and Federal Court fees is maintained, so as to ensure that actions are commenced in the most appropriate forum and at the lowest possible level.

 

The Regulations also amend item 3 in Schedule 1 to the Federal Court of Australia Regulations 2004, to reflect the recent changes to the numbering of the Workplace Relations Act 1996.

 

The Regulations are legislative instruments for the purposes of the Legislative Instruments Act 2003. The Regulations commence on 1 October 2006.

 

Consultations regarding these legislative instruments were held with the FMC and the Federal Court. This level of consultation is appropriate and sufficient, as these instruments are of a minor or machinery nature only that do not substantially alter existing arrangements. They also implement the Budget decision to adjust fees in order to offset the appointment of additional federal magistrates. The Office of Regulation Review has advised that a Regulation Impact Statement is not required.