Commonwealth Numbered Regulations - Explanatory Statements

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FEDERAL COURT OF AUSTRALIA AMENDMENT REGULATIONS 2006 (NO. 3) (SLI NO 309 OF 2006)

 

 

EXPLANATORY STATEMENT

 

 
Select Legislative Instrument 2006 No. 309
 
Issued by the Authority of the Attorney-General

 

 

Federal Court of Australia Act 1976

 

Federal Court of Australia Amendment Regulations 2006 (No. 3)

 

The Federal Court of Australia Act 1976 (the Act) establishes the Federal Court of Australia (the Court) as a superior court of record and a court of law and equity.

 

Subsection 60(1) of the Act provides that the Governor‑General may make regulations prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act, and, in particular, prescribing the fees to be paid in respect of proceedings in the Court or the service or execution of the process of the Court by officers of the Court.

 

Schedule 3 to the Federal Court of Australia Regulations 2004 (the Principal Regulations) includes an outdated reference to a section of the

Workplace Relations Act 1996. The Court has asked that the erroneous reference be corrected.

 

As the amendment is of a machinery nature, no consultation was necessary.

 

Paragraph 1(2)(b) of Schedule 3 to the Principal Regulations provides that no fee other than the filing fee specified in item 3 of Schedule 1 is to be charged for an application under section 170CP of the Workplace Relations Act 1996.

 

Section 170CP was renumbered section 663 by the

Workplace Relations Amendment (Work Choices) Act 2005.

 

The date of commencement is the day after registration.

 

The Regulations are a legislative instrument for the purposes of the

Legislative Instruments Act 2003.


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